Legal Studies Commons^™

The 2009 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Glenn S. Dardick, Iain Sutherland, G. Dabibi, Gareth Davies

Journal of Digital Forensics, Security and Law

The ever increasing use and reliance upon computers in both the public and private sector has led to enormous numbers of computers being disposed of at the end of their useful life within an organisation. As the cost of computers has dropped, their use in the home has also continued to increase. In most organisations, computers have a relatively short life and are replaced on a regular basis with the result that, if not properly cleansed of data, they are released into the public domain containing data that can be relatively up to date. This problem is exacerbated by the …

Avoiding Sanctions At The E-Discovery Meet-And-Confer In Common Law Countries, Milton Luoma, Vicki Luoma

Journal of Digital Forensics, Security and Law

The rules of civil procedure in common law countries have been amended to better deal with the requirements of electronic discovery. One of the key changes in case management is the scheduling of a meet-and-confer session where the parties to litigation must meet early in the case before any discovery procedures have begun to exchange information regarding the nature, location, formats, and pertinent facts regarding custody and control of a party’s electronically stored information (ESI). Failure to abide by the rules and participate in good faith at the meet-and-confer session can have dire consequences for the parties and lawyers involved. …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Qualitative And Quantitative X-Ray Diffraction Analysis For Forensic Examination Of Duct Tapes, Rebecca E. Bucht

Dissertations, Theses, and Capstone Projects

Duct tapes are an increasingly important class of forensic evidence. This research has studied the value of using x-ray diffraction (XRD) to extend the ability of evidence examiners to gain additional information about a duct tape specimen.

Duct tapes are composed of five different layers. Starting from the non-adhesive side, these layers are the release coating, backing, scrim, primer and adhesive. The release coating assists in reducing unwind tension and preventing the tape from sticking to itself when on a roll. The backing layer serves as a support for the adhesive, and is usually based on polyethylene. The scrim is …

"Kneecapping" Academic Freedom, Robert R. Kuehn, Peter A. Joy

Scholarship@WashULaw

As universities increasingly seek to educate students through service learning courses, law school clinics may be the bellwether for determining if faculty’s traditional academic freedom of teaching will transcend the traditional classroom or be left at the classroom door. Recent legislative and corporate efforts to interfere in the operations of law clinics indicate that academic freedom is at risk when hands-on student learning bumps up against “real world” disputes. This article examines why attacks on law school clinics are a harbinger of how academic freedom is treated when it moves out of the classroom.

The authors discuss the role of …

Multidistrict Litigation: A Surprising Bonus For Pro Se Plaintiffs And A Possible Boon For Consumers, Danielle D'Onfro

Scholarship@WashULaw

Conventional wisdom says that pro se plaintiffs almost invariably fare worse than represented plaintiffs. However, there exists in federal court a procedural regime under which pro se plaintiffs effectively receive attorneys and therefore experience success rates similar to their represented peers: multidistrict litigation. Multidistrict litigation is a procedure for consolidating multiple federal civil cases sharing common questions of fact into a single proceeding in one federal district court for coordinated pre-trial proceedings and discovery. This paper takes an empirical look at all federal civil cases terminating between 2006 and 2008 to determine what effect multidistrict litigation has on case outcome …

The Strange Origins Of The Constitutional Right Of Association, John D. Inazu

Scholarship@WashULaw

Although much has been written about the freedom of association and its ongoing importance to American constitutionalism, much recent scholarship mistakenly relies on a truncated history that begins with Roberts v. United States Jaycees, 468 U.S. 609 (1984), the case that divided constitutional association into intimate and expressive components. Roberts’s doctrinal framework has been rightly criticized. However, neither the right of association nor all of its doctrinal problems start there. The Supreme Court’s foray into the constitutional right of association began a generation earlier with NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958).

This article offers a new …

Multiple Gatekeepers, Andrew F. Tuch

Scholarship@WashULaw

In the context of business transactions, gatekeepers are lawyers, investment bankers, accountants and other actors with the capacity to monitor and control the disclosure decisions of their clients – and thereby to deter corporate securities fraud. After each wave of corporate upheaval, including the recent financial crisis, the spotlight of responsibility invariably falls on gatekeepers for failing to avert the wrongs of their clients. A rich vein of literature has considered what liability regime would lead gatekeepers to deter securities fraud optimally, but has overlooked the phenomenon that multiple interdependent gatekeepers act on business transactions and thus form an interlocking …

Public Opinion On The Sentencing Of Mentally Ill Female Offenders; Factors That Influence People's Perceptions Of Appropriate Punishments And The Impact Of Personal Experience On Sentencing Judgements, Claire Adams

Theses : Honours

The aim of the current study was to explore public opinion on mentally ill female offenders in Western Australia, and the influence of these views on sentencing decisions. This study aimed to determine whether the mental health of a female offender influenced how people view a crime and the punishment they consider most appropriate for an offender. In addition, it aimed to investigate whether knowing someone with a mental illness influences people's perception of a crime and the sentencing decisions favoured for a mentally ill female offender. The study involved a between-subjects design comprising 118 participants, who received one version …

What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose, David G. Schwartz

Library Faculty Research

For a Camelot-era piece of legislation, the Wire Act has a long and unintended shadow. Used haltingly in the 1960s, when the Wire Act failed to deliver the death blow to organized crime, 1970’s Racketeer-Influenced and Corrupt Organizations Act (RICO) became a far better weapon against the mob. Yet starting in the 1990s, the Wire Act enjoyed a second life, when the Justice Department used to it prosecute operators of online betting Web sites that, headquartered in jurisdictions where such businesses were legal, took bets from American citizens. The legislative history of the Wire Act, however, suggests that it was …

Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

The author believes that statute 18 U.S.C. § 1346 is unconstitutionally vague, at least as applied to cases in which employees of private entities are prosecuted for depriving their employers of a right to their honest services (so-called “private cases”). Objections to vagueness rest on due process. “Vagueness may invalidate a criminal law for either of two independent reasons. First, it may fail to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits; second, it may authorize and even encourage arbitrary and discriminatory enforcement.” The Supreme Court’s vagueness precedents do not provide much …

Realism, Punishment, And Reform, Owen D. Jones, Paul H. Robinson, Robert Kurzban

Vanderbilt Law School Faculty Publications

Professors Donald Braman, Dan Kahan, and David Hoffman, in their article "Some Realism About Punishment Naturalism," to be published in an upcoming issue of the University of Chicago Law Review, critique a series of our articles: Concordance and Conflict in Intuitions of Justice (http://ssrn.com/abstract=932067), The Origins of Shared Intuitions of Justice (http://ssrn.com/abstract=952726), and Intuitions of Justice: Implications for Criminal Law and Justice Policy (http://ssrn.com/abstract=976026). Our reply, here, follows their article in that coming issue.

As we demonstrate, they have misunderstood our views on, and thus the implications of, widespread agreement about punishing the "core" of wrongdoing. Although much of their …

Do You Know How Your Children Are? International Perspectives On Child Abuse, Mistreatment, And Neglect, Gordon A. Crews, Angela D. Crews

Criminal Justice Faculty Publications

In the early 1980s, televised public service announcements in the United States queried, “Parents …it is 10:00 pm, do you know where your children are?” These were launched through the media as reminders for American parents to take a moment and think about their children and to strive to inform themselves of their children‟s activities. Similar broadcasts to urge parents to interact with their children and to provide simple parenting tips have followed in various forms since this time. An interesting realization is that almost all of these “messages” were directed towards the parents by the government for the children. …

Introduction To 'Queer Theory: Law, Culture, Empire', Robert Leckey, Kim Brooks

Articles, Book Chapters, & Popular Press

This is the introduction to an edited collection. The book uses queer theory to examine the complex interactions of law, culture, and empire in relation to sexual minorities. Building on recent work on empire, it studies how law-reform efforts by sexual minorities can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The book takes a contextual, socio-legal, comparative, and interdisciplinary approach. The authors - from five continents - study examples from Bollywood cinema to California’s 2008 marriage referendum. The chapters view a wide range of texts - from cultural productions to laws and judgments - …

“Messin’ With Drugs…You Could Lose Your Life”: The Effect Of Victimization On Routine Activities And Risk Management, J. Michael Vecchio

Criminal Justice & Criminology: Faculty Publications & Other Works

Decades of research have helped to identify that victims and offenders are not opposing parts of the crime equation (Esbensen & Huizinga, 1991), but often are intertwined as part of a homogeneous population (Lauritsen & Laub, 2007). Those with the greatest likelihood of experiencing personal or property victimization are those who report offending or substance using behaviors (Gottfredson, 1984; Jensen & Brownfield, 1986; Sampson & Lauritsen, 1990). This increased victimization risk is commonly related to the amount of time spent in situations with greater proximity to motivated offenders and a lack of supervision (Cohen & Felson, 1979; Hindelang, Gottfredson, & …

Study Methodology, Jody Miller, Mark Debarr, Hyan Namgung, J. Michael Vecchio, Stephanie Wiley

Criminal Justice & Criminology: Faculty Publications & Other Works

Data for this investigation come from 36 qualitative in-depth interviews completed between February and April 2010. The aim of the research was to conduct a process evaluation of Gateway Foundation programming for state probation and parole clients in St. Louis and jointly produce a final report for the organization. The specific research questions focused on (1) the challenges men face as they attempt to overcome substance abuse; (2) how those challenges are related to past experiences with crime, including offending and victimization; and (3) the effectiveness of Gateway programming, from the points of view of program participants, including whether there …

Regulating The Use Of Genetic Information: Perspective From The U.S. Experience, Pauline Kim

Scholarship@WashULaw

This essay comments on an empirical study documenting the policies, practices, and attitudes of Australian employers regarding the use of genetic information from the U.S. perspective. The U.S. Congress recently enacted the Genetic Information Nondiscrimination Act of 2008 (GINA), which, among other things, prohibits employment discrimination on the basis of genetic information and restricts employers’ access to their employees’ genetic information. Just as the Australian study found no evidence of systematic use of genetic testing or screening by employers, GINA was passed in the absence of any evidence of widespread employment discrimination on the basis of genetic characteristics. Although it …

Reply: Exploring Panel Effects, Pauline Kim

Scholarship@WashULaw

This Reply responds to methodological criticisms of an earlier empirical study of panel effects on the United States Court of Appeals, Deliberation and Strategy on the United States Courts of Appeals, which appeared in the University of Pennsylvania Law Review. That study found that federal appellate judges appeared to be more or less open to influence by their panel colleagues depending upon how the preferences of the panel members align with the preferences of the circuit as a whole. On the other hand, their willingness to avoid dissents and go along with their panel colleagues seemed unaffected by their relative …

Prosser's Privacy Law: A Mixed Legacy, Neil M. Richards, Daniel J. Solove

Scholarship@WashULaw

This Article examines the complex ways in which William Prosser shaped the development of the American law of tort privacy. Although Prosser certainly gave tort privacy an order and legitimacy that it had previously lacked, he also stunted its development in ways that limited its ability to adapt to the problems of the Information Age. His skepticism about privacy, as well as his view that tort privacy lacked conceptual coherence, led him to categorize the law into a set of four narrow categories and strip it of any guiding concept to shape its future development. Prosser’s legacy for tort privacy …