Legal Studies Commons^™

How Porous Are The Walls That Separate Us?: Transformative Service-Learning, Women’S Incarceration, And The Unsettled Self, Coralynn V. Davis, Carol Wayne White

Faculty Journal Articles

In this article, we refine a politics of thinking from the margins by exploring a pedagogical model that advances transformative notions of service learning as social justice teaching. Drawing on a recent course we taught involving both incarcerated women and traditional college students, we contend that when communication among differentiated and stratified parties occurs, one possible result is not just a view of the other but also a transformation of the self and other. More specifically, we suggest that an engaged feminist praxis of teaching incarcerated women together with college students helps illuminate the porous nature of fixed markers that …

Off-Duty & Under Arrest: A Study Of Crimes Perpetuated By Off-Duty Police, Philip M. Stinson, John Liederbach, Tina L. Freiburger

Criminal Justice Faculty Publications

The findings of independent commissions and research derived from a data-set of career-ending misconduct among New York Police Department (NYPD) officers suggests that police engage in a wide variety of crimes while they are off-duty including domestic violence, bar fights, drunk driving, burglary, and sex offenses (The Mollen Commission, 1994; Fyfe & Kane, 2006; Kane & White, 2009). The off-duty misbehavior of police is an important concern for police agencies exposed to potential liability costs, and scholars engaged in debates about whether studies on police deviance should include acts committed while an officer is technically off-duty. The problem for scholars …

The Risk Of Violence And Intimate Partner Choice Within A Risk Society, Adam J. Pritchard

Theses and Dissertations--Sociology

This dissertation examines the influence of competing risks in shaping individuals' choices about potential intimate relationships. According to Ulrich Beck's "risk society" theory, the individualization of social risks has direct and measurable consequences for the ways people organize and evaluate potential intimate relationships (Beck & Beck-Gernsheim, 1995, 2002, 2004; Giddens, 1994; Lupton, 2006). This study investigates the ways in which subjective or identity-related risks hypothesized by scholars of late modernity shape the perception and the actual risk of dating violence. Empirical research on dating violence identifies many objective “risk factors” related to a person’s chances of experiencing intimate partner violence; …

Older, Wiser, Novice: An Autoethnographic Study Of Nontraditional Students' Participation In Collegiate Forensics, Laura Kathleen Pelletier

All Graduate Theses, Dissertations, and Other Capstone Projects

There is a growing trend in nontraditional college student enrollments in the United States. Older, nontraditional students are currently the majority on many college campuses. Due to the constraints on nontraditional students' time, they are often unable to spend as much time on campus as traditional students and are unable to fully partake in campus life and socialization. Cocurricular activities, such as collegiate forensics, can be time consuming activities which for nontraditional students, especially those who have children, may seem like an impossible fit for their already busy schedules. Because college demographics continue to change and there are a growing …

Forensics And The Basic Communication Course: A New Path To Satisfying Learning Outcomes, Benjamin Walker

All Graduate Theses, Dissertations, and Other Capstone Projects

Forensic scholars have long written about the educational benefits of forensics, but very few have attempted to tie the activity to learning objectives from the curriculum. This thesis seeks to determine if collegiate forensics can offer the same learning opportunities as one of the most common and fundamental communication classes in the discipline: the basic communication course. This research uses experiential learning as a pedagogical framework for forensics in attempting to answer if forensics can offer the same learning opportunities of the basic communication course, and if so, how the activity does this and what the students actually learn. Likert …

Criminal Justice Policy Research Institute Newsletter, Portland State University. Criminal Justice Policy Research Institute

Criminal Justice Policy Research Institute Newsletters

Newsletter provides information on:

• Latest research results
• Project and studies underway
• Research awards and distinctions
• Recent research publications

Confucian Virtue Jurisprudence, Linghao Wang, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Virtue jurisprudence is an approach to legal theory that develops the implications of virtue ethics and virtue politics for the law. Recent work on virtue jurisprudence has emphasized a NeoAristotelian approach. This essay develops a virtue jurisprudence in the Confucian tradition. The title of this essay, “Confucian Virtue Jurisprudence,” reflects the central aim of our work, to build a contemporary theory of law that is both virtue-centered and that provides a contemporary reconstruction of the central ideas of the early Confucian intellectual tradition.

This essay provides a sketch of our contemporary version of Confucian virtue jurisprudence, including a view of …

Column: The Physics Of Digital Information-Part 2, Fred Cohen

Journal of Digital Forensics, Security and Law

In part 1 of this series (Cohen, 2011a), we discussed some of the basics of building a physics of digital information. Assuming, as we have, that science is about causality and that a scientific theory should require that cause(C) produces effect (E) via mechanism M (written C→ME), we explore that general theory of digital systems from the perspective of attributing effects (i.e., traces of activities in digital systems) to their causes. Full details of the current version of this physics are available online2 , and in this article, we explore a few more of them.

Comparing Android Applications To Find Copying, Larry Melling, Bob Zeidman

Journal of Digital Forensics, Security and Law

The Android smartphone operating system includes a Java virtual machine that enables rapid development and deployment of a wide variety of applications. The open nature of the platform means that reverse engineering of applications is relatively easy, and many developers are concerned as applications similar to their own show up in the Android marketplace and want to know if these applications are pirated. Fortunately, the same characteristics that make an Android application easy to reverse engineer and copy also provide opportunities for Android developers to compare downloaded applications to their own. This paper describes the process for comparing a developer’s …

An Overview Of The Jumplist Configuration File In Windows 7, Harjinder S. Lallie, Parmjit S. Bains

Journal of Digital Forensics, Security and Law

The introduction of Jumplists in Windows 7 was an important feature from a forensic examiners viewpoint. Jumplist configuration files can provide the examiner with a wealth of information relating to file access and in particular: dates/times, Volume GUIDs and unique file object IDs relating to those files. Some of the information in the Jumplist could be used to build a more precise timeline relating to system and file usage. In this article, we analyse the structure of a Jumplist configuration file and in particular a record from a Jumplist configuration file and highlight some of the important entries therein.

Pandora’S Email Box? An Exploratory Study Of Web-Based Email Forgery Detection And Validation., Richard Boddington, Grant Boxall, Jeremy Ardley

Journal of Digital Forensics, Security and Law

Web based email systems may be a source of pristine digital evidence because of the perceived difficulty of client tampering with messages stored inside the email account. We demonstrate that such assumption is wrong in the case of Windows Live Hotmail®1 . Windows Live Mail®1 synchronises message on client-side computers with the Hotmail® server, benefiting users wishing to synchronise their email accounts and personal devices. However, this synchronisation opens an exploit for wrongdoers to tamper with existing email messages and attachments as well as facilitating the insertion of fabricated messages. The exploit process enables persistent storage of tampered and fabricated …

Book Review: The Software Ip Detective's Handbook: Measurement, Comparison, And Infringement Detections, Diane Barrett

Journal of Digital Forensics, Security and Law

Do not the book title fool you into thinking that the book is only for those looking to detect software infringement detection. It is a comprehensive look at software intellectual property. The book covers a wide range of topics and has something to offer for just about everyone from lawyers to programmers.

Technology Corner: Dating Of Electronic Hardware For Prior Art Investigations, Sellam Ismail

Journal of Digital Forensics, Security and Law

In many legal matters, specifically patent litigation, determining and authenticating the date of computer hardware or other electronic products or components is often key to establishing the item as legitimate evidence of prior art. Such evidence can be used to buttress claims of technologies available or of events transpiring by or at a particular date.

Applying The Acpo Principles In Public Cloud Forensic Investigations, Harjinder S. Lallie, Lee Pimlott

Journal of Digital Forensics, Security and Law

The numerous advantages offered by cloud computing has fuelled its growth and has made it one of the most significant of current computing trends. The same advantages have created complex issues for those conducting digital forensic investigations. Digital forensic investigators rely on the ACPO (Association of Chief Police Officers) or similar guidelines when conducting an investigation, however the guidelines make no reference to some of the issues presented by cloud investigations. This study investigates the impact of cloud computing on ACPO’s core principles and asks whether these principles can still be applied in a cloud investigation and the challenges presented …

Column: Factors Affecting Data Decay, Kevin Fairbanks, Simson Garfinkel

Journal of Digital Forensics, Security and Law

In nuclear physics, the phrase decay rate is used to denote the rate that atoms and other particles spontaneously decompose. Uranium-235 famously decays into a variety of daughter isotopes including Thorium and Neptunium, which themselves decay to others. Decay rates are widely observed and wildly different depending on many factors, both internal and external. U-235 has a half-life of 703,800,000 years, for example, while free neutrons have a half-life of 611 seconds and neutrons in an atomic nucleus are stable.

Automated Identification And Reconstruction Of Youtube Video Access, Jonathan Patterson, Christopher Hargreaves

Journal of Digital Forensics, Security and Law

YouTube is one of the most popular video-sharing websites on the Internet, allowing users to upload, view and share videos with other users all over the world. YouTube contains many different types of videos, from homemade sketches to instructional and educational tutorials, and therefore attracts a wide variety of users with different interests. The majority of YouTube visits are perfectly innocent, but there may be circumstances where YouTube video access is related to a digital investigation, e.g. viewing instructional videos on how to perform potentially unlawful actions or how to make unlawful articles. When a user accesses a YouTube video …

Dns In Computer Forensics, Neil F. Wright

Journal of Digital Forensics, Security and Law

The Domain Name Service (DNS) is a critical core component of the global Internet and integral to the majority of corporate intranets. It provides resolution services between the human-readable name-based system addresses and the machine operable Internet Protocol (IP) based addresses required for creating network level connections. Whilst structured as a globally dispersed resilient tree data structure, from the Global and Country Code Top Level Domains (gTLD/ccTLD) down to the individual site and system leaf nodes, it is highly resilient although vulnerable to various attacks, exploits and systematic failures.

Digital Evidence Education In Schools Of Law, Aaron Alva, Barbara Endicott-Popovsky

Journal of Digital Forensics, Security and Law

An examination of State of Connecticut v. Julie Amero provides insight into how a general lack of understanding of digital evidence can cause an innocent defendant to be wrongfully convicted. By contrast, the 101-page opinion in Lorraine v. Markel American Insurance Co. provides legal precedence and a detailed consideration for the admission of digital evidence. An analysis of both cases leads the authors to recommend additions to Law School curricula designed to raise the awareness of the legal community to ensure such travesties of justice, as in the Amero case, don’t occur in the future. Work underway at the University …

Identifying Trace Evidence From Target-Specific Data Wiping Application Software, Gregory H. Carlton, Gary C. Kessler

Journal of Digital Forensics, Security and Law

One area of particular concern for computer forensics examiners involves situations in which someone utilized software applications to destroy evidence. There are products available in the marketplace that are relatively inexpensive and advertised as being able to destroy targeted portions of data stored within a computer system. This study was undertaken to analyze a subset of these tools in order to identify trace evidence, if any, left behind on disk media after executing these applications. We evaluated five Windows 7 compatible software products whose advertised features include the ability for users to wipe targeted files, folders, or evidence of selected …

Technology Corner Automated Data Extraction Using Facebook, Nick V. Flor

Journal of Digital Forensics, Security and Law

Because of Facebook’s popularity, law enforcement agents often use it as a key source of evidence. But like many user digital trails, there can be a large amount of data to extract for analysis. In this paper, we explore the basics of extracting data programmatically from a user’s Facebook via a Web app. A data extraction app requests data using the Facebook Graph API, and Facebook returns a JSON object containing the data. Before an app can access a user’s Facebook data, the user must log into Facebook and give permission. Thus, this approach is limited to situations where users …