An Evidence‐Based Forensic Taxonomy of Windows Phone Communication Apps

Communication apps can be an important source of evidence in a forensic investigation (e.g., in the investigation of a drug trafficking or terrorism case where the communications apps were used by the accused persons during the transactions or planning activities). This study presents the first evidence‐based forensic taxonomy of Windows Phone communication apps, using an existing two‐dimensional Android forensic taxonomy as a baseline. Specifically, 30 Windows Phone communication apps, including Instant Messaging (IM) and Voice over IP (VoIP) apps, are examined. Artifacts extracted using physical acquisition are analyzed, and seven digital evidence objects of forensic interest are identified, namely: Call Log, Chats, Contacts, Locations, Installed Applications, SMSs and User Accounts. Findings from this study would help to facilitate timely and effective forensic investigations involving Windows Phone communication apps.     

The Biggest “Have” of Them All: Wal‐Mart and Its Litigation Outcomes in Slip‐and‐Fall Cases

Scholars have theorized that resource‐rich litigants known as the “haves” tend to succeed disproportionately in litigation when the adverse party is a “have‐not.” The traditional theory suggests that haves are able to use their wealth to secure better attorney representation and can use their frequent experience in litigation to tip the scales of justice in their favor, particularly when faced with “one‐shotters” whose involvement in litigation is infrequent. A remaining question, however, is whether some haves fare better than other similarly situated haves. Specifically, this article posits that the litigation strategy used by the defendant may also play a role in litigation outcomes. Companies that tenaciously fight claims that, in the short term, would be cheaper to settle might discourage otherwise valid claims in the future from being filed out of fear that the litigation will be a protracted battle. This article examines Wal‐Mart Stores, Inc. (Wal‐Mart)—the largest revenue‐generating company in the United States—to explore whether it fares better than other resource‐rich defendants. Wal‐Mart in particular has a reputation against settling cases and thus is an excellent vehicle to investigate this hypothesis. Appellate cases in an eleven‐year period involving slip‐and‐fall litigation were compiled, and the results show that Wal‐Mart did win at a higher rate than other defendants. Although more research is needed to explore fully the effect of litigation strategy on win–loss rates, this sample of cases demonstrates that Wal‐Mart is a more effective and victorious litigant.     

The effect of police on crime,disorder and victim precaution. Evidence from a Dutch victimization survey

Using individual data from a large-scale Dutch crime victimization survey, we are able to expand the analysis of the effect of police on crime to crimes types that do not easily find their way into police statistics, and to public disorder and victim precaution. To address heterogeneity and simultaneity in the relation between police and crime, we model the police funding formula – used to distribute police resources across municipalities – to identify the endogenous variation in police levels. We use the remaining variation in police levels to identify the effect of police. We find significantly negative effects of higher police levels on property and violent crime, public disorder, and victim precaution. The effect on victim precaution is a hitherto largely ignored benefit of higher police levels not reflected in lower rates of crime and public disorder.     

Red tape and technology transfer in US government laboratories

The purpose of this paper is to gauge the effects of red tape and bureaucratization on the technology-transfer activities and effectiveness of government laboratories in the United States. Two central questions are addressed: Do laboratories involved significantly in technology transfer have more red tape than others? and Does the level of red tape have an effect on technology-transfer success? Objective and perceptual measures of red tape are used. Technologytransfer effectiveness is measured in terms of getting other organizations to adopt technology developed in the laboratory (“out the door” success) and of the commercial impact of transfers. Data are derived from questionnaire responses provided by directors of 276 federal- and state-government laboratories. Results indicate that laboratories involved in technology transfer do not have higher levels of red tape. Out-the-door technology-transfer success relates strongly to low degrees of perceived red tape, whereas high ratings for commercial impact are associated with actual low levels of red tape in acquiring project funding and lowcost equipment.     

Book reviews

DANIELE CONVERSI, The Basques, The Catalans and Spain: Alternative Routes to Nationalist Mobilization (Hurst, London, 1997), 312 pp., ISBN 1–85065–268–6 (pb)

LEO PANITCH and COLIN LEYS, The End of Parliamentary Socialism: From New Left to New Labour (Verso, London, 1997), 341 pp., ISBN 1–85984–109–0 (pb)

MARK MATTERN, Acting in Concert: Music, Community, and Political Action (Rutgers University Press, New Brunswick, 1998), 185 pp., ISBN 0–8135–2484–9 (pb)

RICHARD J. GOLSAN (ed), Fascism's Return: Scandal, Revision and Ideology since 1980 (University of Nebraska Press, Lincoln and London, 1998), 330 pp., ISBN 0–8032–7071–2

KATHERINE FIERLBECK, Globalizing Democracy. Power, Legitimacy and the Interpretation of Democratic Ideas (Manchester University Press, Manchester, 1998), 216 pp., ISBN 0–7190–4995–4 (hb)     

An Economic Analysis of the American and the Continental Rule for Allocating Legal Costs

A well-known conclusion from the standard model of litigation is that a transition from the American to the Continental rule for the allocation of legal costs will lead to an increase in the number of trials. The standard model, however, neglects the fact that the rule for allocating legal costs may also influence whether or not a potential injurer engages in a harmful activity. When this choice is endogenized, the conclusion derived from the standard model does not appear to be generally valid. A transition from the American to the Continental rule may lead to a decrease in the number of trials. Furthermore, the transition may result in an improvement in efficiency.