Science Column: Reconstruction: The Experimental Side Of Digital Forensics,
2013
California Sciences Institute
Science Column: Reconstruction: The Experimental Side Of Digital Forensics, Fred Cohen
Journal of Digital Forensics, Security and Law
Many in digital forensics seem to forget that the science part of digital forensics means experimentation and that implies a whole lot of things that most practitioners never learned.
Analysis Of A Second Hand Google Mini Search Appliance,
2013
Slippery Rock University of Pennsylvania
Analysis Of A Second Hand Google Mini Search Appliance, Stephen Larson
Journal of Digital Forensics, Security and Law
Information and the technological advancements for which mankind develops with regards to its storage has increased tremendously over the past few decades. As the total amount of data stored rapidly increases in conjunction with the amount of widely available computer-driven devices being used, solutions are being developed to better harness this data (LaTulippe, 2011). One of these solutions is commonly known as a search appliance. Search appliances have been used in e-discovery for several years. The Google Mini Search Appliance (Mini) has not only been used for e-discovery, but for indexing and searching internal documents. To accomplish these tasks, search …
Technology Corner: Calculating The Number Of Android Lock Patterns: An Unfinished Study In Number Theory,
2013
Embry-Riddle Aeronautical University
Technology Corner: Calculating The Number Of Android Lock Patterns: An Unfinished Study In Number Theory, Gary C. Kessler
Journal of Digital Forensics, Security and Law
Although one is unlikely to ever want to brute-force an Android lock pattern, many do wonder about the relative strength of the lock pattern versus a multidigit personal identification number (PIN). It becomes obvious pretty quickly that there are many more lock patterns than the 10,000 possible four-digit PINs.
Book Review: Iphone And Ios Forensic: Investigation, Analysis And Mobile Security For Apple Iphone, Ipad And Ios Devices,
2013
Simson Garfinkel
Book Review: Iphone And Ios Forensic: Investigation, Analysis And Mobile Security For Apple Iphone, Ipad And Ios Devices, Simson Garfinkel
Journal of Digital Forensics, Security and Law
In April 2011 news outlets around the world revealed shocking news about Apple’s iPhone: for reasons that were not apparently clear, every iPhone contained a small SQLite database that logged where and when the user had been whenever the phone was turned on, and those records went back for pretty much as long as the user had owned their phone. Apple eventually declared that the data cache was the result of a bug and issued a software update to prune the database (it had previously grown without limit). Privacy activists rejoiced that their beloved iPhones were once again trustworthy. But …
The Advanced Data Acquisition Model (Adam): A Process Model For Digital Forensic Practice,
2013
Murdoch University
The Advanced Data Acquisition Model (Adam): A Process Model For Digital Forensic Practice, Richard Adams, Val Hobbs, Graham Mann
Journal of Digital Forensics, Security and Law
As with other types of evidence, the courts make no presumption that digital evidence is reliable without some evidence of empirical testing in relation to the theories and techniques associated with its production. The issue of reliability means that courts pay close attention to the manner in which electronic evidence has been obtained and in particular the process in which the data is captured and stored. Previous process models have tended to focus on one particular area of digital forensic practice, such as law enforcement, and have not incorporated a formal description. We contend that this approach has prevented the …
Table Of Contents,
2013
Embry-Riddle Aeronautical University
Table Of Contents
Journal of Digital Forensics, Security and Law
No abstract provided.
Table Of Contents,
2013
Embry-Riddle Aeronautical University
Table Of Contents
Journal of Digital Forensics, Security and Law
No abstract provided.
Virtual Assembly,
2013
Washington University in St. Louis School of Law
Virtual Assembly, John D. Inazu
Scholarship@WashULaw
This Article provides one of the first scholarly considerations of the constitutional boundaries for online groups. It explores both why and how we should protect these groups by asking two related questions. The first question is theoretical: do online groups implicate the kinds of values that warrant elevated constitutional protection. The second question is doctrinal: what is the best framework for providing constitutional protection to these groups. The Article argues that we should protect online groups because they advance important First Amendment values and because the line between our offline and our online groups is collapsing. Turning to the doctrinal …
Cutting The Bread,
2013
University of Nebraska - Lincoln
Cutting The Bread, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
Why the draft Treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Received Force against Outer Space Objects (PPWT) will not work—whereas the Code of Conduct for Outer Space Activities may.
Against Neorehabilitation,
2013
Indiana University Maurer School of Law
Against Neorehabilitation, Jessica M. Eaglin
Articles by Maurer Faculty
In the face of severe budget constraints, bipartisan calls for reform, dropping crime rates, and judicial intervention, states are seriously considering and implementing criminal justice reform to manage prison populations for the first time in three decades. Scholars agree that states need a guiding theory to transform emergency and short-term reforms into a long-term shift in policy and practice away from mass incarceration. Numerous scholars advocate for a return to an improved theory of rehabilitation to guide the states in implementing such reform. This return-through neorehabilitation, or the rehabilitation of rehabilitation-centers on the use of evidence-based programming and predictive tools …
Natalie Stoljar’S Wishful Thinking And One Step Beyond: What Should Conceptual Legal Analysis Become?,
2013
Georgetown Law Center
Natalie Stoljar’S Wishful Thinking And One Step Beyond: What Should Conceptual Legal Analysis Become?, Imer Flores
Georgetown Law Faculty Publications and Other Works
Praising wishful thinking is a serious risk that the author is willing to run not only in this article commenting of Natalie Stoljar’s work but also elsewhere in his scholarship. The author will analyze her claims and will agree mostly with them, he will also criticize her for stopping one step short adopting the desirability or weaker claim, when in it is not merely possible but necessary to go one step beyond arguing for the necessity or stronger claim. The author intends to present further grounds for endorsing “conceptual (legal) analysis pluralism” by distinguishing the three different inquiry or projects …
The Wonder-Clause,
2013
Georgetown University Law Center
The Wonder-Clause, Anna Gelpern, Mitu Gulati
Georgetown Law Faculty Publications and Other Works
The Greek debt crisis prompted EU officials to embark on a radical reconstruction of the European sovereign debt markets. Prominently featured in this reconstruction was a set of contract provisions called Collective Action Clauses, or CACs. CACs are supposed to help governments and private creditors to renegotiate unsustainable debt contracts, and obviate the need for EU bailouts. But European sovereign debt contacts were already amenable to restructuring; adding CACs could make it harder. Why, then, promote CACs at all, and cast them in such a central role in the market reform initiative? Using interviews with participants in the initiative and …
Drones And The International Rule Of Law,
2013
Georgetown University Law Center
Drones And The International Rule Of Law, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
This essay will proceed in four parts. First, it will briefly discuss the concept of the international rule of law. Second, it will offer a short factual background on US drone strikes (to the extent that it is possible to provide factual background on a practice so shrouded in secrecy). Third, it will highlight some of the key ways in which post 9/11 US legal theories relating to the use of force challenge previously accepted concepts and seek to redefine previously well-understood terms. Fourth, it will offer brief concluding thoughts on the future of the international rule of law in …
Banks And Governments: An Arial View,
2013
Georgetown University Law Center
Banks And Governments: An Arial View, Anna Gelpern
Georgetown Law Faculty Publications and Other Works
Financial systems and public treasuries are communicating vessels: strength or weakness in one flows to the other, and back. This chapter considers the implications of this insight using case studies from Europe, Asia, and Latin America. The connection is not unique to Europe, although it does not always result in feedback effects, or the ‘doom loop’ that has made headlines since 2010. Events now known as banking or government debt crises often have had elements of both, and could have gone either way. Policy and political choices determined their path. In all cases, governments were as indispensable for resolving banking …
Originalism And The Unwritten Constitution,
2013
Georgetown University Law Center
Originalism And The Unwritten Constitution, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
In his book, America’s Unwritten Constitution, Akhil Reed Amar contends that to properly engage the written Constitution, scholars and laymen alike must look to extratextual sources: among them America’s founding documents, institutional practices, and ethos, all of which constitute Amar’s “unwritten Constitution.” In this article, the author argues that contemporary originalist constitutional theory is consistent with reliance on extraconstitutional sources in certain circumstances. He establishes a framework for revaluating the use of extratextual sources. That framework categorizes extratextual sources and explains their relevance to constitutional interpretation (the meaning of the text) and constitutional construction (elaboration of constitutional doctrine and …
Originalism And Constitutional Construction,
2013
Georgetown University Law Center
Originalism And Constitutional Construction, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Constitutional interpretation is the activity that discovers the communicative content or linguistic meaning of the constitutional text. Constitutional construction is the activity that determines the legal effect given the text, including doctrines of constitutional law and decisions of constitutional cases or issues by judges and other officials. The interpretation-construction distinction, frequently invoked by contemporary constitutional theorists and rooted in American legal theory in the nineteenth and twentieth centuries, marks the difference between these two activities.
This article advances two central claims about constitutional construction. First, constitutional construction is ubiquitous in constitutional practice. The central warrant for this claim is conceptual: …
Communicative Content And Legal Content,
2013
Georgetown University Law Center
Communicative Content And Legal Content, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This essay investigates a familiar set of questions about the relationship between legal texts (e.g., constitutions, statutes, opinions, orders, and contracts) and the content of the law (e.g., norms, rules, standards, doctrines, and mandates). Is the original meaning of the constitutional text binding on the Supreme Court when it develops doctrines of constitutional law? Should statutes be given their plain meaning or should judges devise statutory constructions that depart from the text to serve a purpose? What role should default rules play in the interpretation and construction of contracts? This essay makes two moves that can help lawyers and legal …
Regulating Ex Post: How Law Can Address The Inevitability Of Financial Failure,
2013
Duke Law School
Regulating Ex Post: How Law Can Address The Inevitability Of Financial Failure, Iman Anabtawi, Steven L. Schwarcz
Faculty Scholarship
Unlike many other areas of regulation, financial regulation operates in the context of a complex interdependent system. The interconnections among firms, markets, and legal rules have implications for financial regulatory policy, especially the choice between ex ante regulation aimed at preventing financial failure and ex post regulation aimed at responding to that failure. Regulatory theory has paid relatively little attention to this distinction. Were regulation to consist solely of duty-imposing norms, such neglect might be defensible. In the context of a system, however, regulation can also take the form of interventions aimed at mitigating the potentially systemic consequences of a …
Federalism, Liberty, And Equality In United States V. Windsor,
2013
Duke Law School
Federalism, Liberty, And Equality In United States V. Windsor, Ernest A. Young, Erin C. Blondel
Faculty Scholarship
This essay argues that federalism played a profoundly important role in the Supreme Court's decision in United States v. Windsor, which struck down the federal Defense of Marriage Act. Arguments to the contrary have failed to appreciate how Justice Kennedy's opinion employed federalism not as a freestanding argument but as an essential component of his rights analysis. Far from being a "muddle," as many have claimed, Justice Kennedy's analysis offered one of the most sophisticated examples to date of the interconnections between federalism, liberty, and equality.
Equality Arguments For Abortion Rights,
2013
Duke Law School
Equality Arguments For Abortion Rights, Neil S. Siegel, Reva B. Siegel
Faculty Scholarship
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in the Due Process Clauses. But in the four decades since Roe, the U.S. Supreme Court has come to recognize the abortion right as an equality right as well as a liberty right. In this Essay, we describe some distinctive features of equality arguments for abortion rights. We then show how, over time, the Court and individual Justices have begun to employ equality arguments in analyzing the constitutionality of abortion restrictions. These arguments first appear inside of substantive due process case law, and then as claims …
