Bibliographical essay / the hart‐Devlin debate

Richard Posner, Not a Suicide Pact: The Constitution in a Time of National Emergency New York: Oxford University Press, 2006, 208 pp.     

Deaths While under Probation Supervision: What Role for Human Rights Legislation?

Article 3 of the Universal Declaration of Human Rights (UDHR) states that ‘everyone has the right to life’. This right is contained in all human rights treaties that developed from the UDHR, including the European Convention on Human Rights (ECHR). Yet, as we argue, the UK government is failing to protect this right when it comes to certain groups of people under probation supervision. To date, human rights legislation has failed adequately to protect these vulnerable individuals and to hold the state to account. This article explores the greater potential for using human rights legislation to ensure better accountability in this area.     

Skeletal identification by radiographic comparison: blind tests of a morphoscopic method using antemortem chest radiographs

This study investigated the value of antemortem (AM) and postmortem (PM) radiographs of the claviculae and C3-T4 vertebrae to identify skeletons of missing U.S. soldiers from past military operations. In total, 12 field-recovered skeletons and AM chest radiographs of 1460 individuals were used. For each skeleton, examiners analyzed an array of AM chest radiographs (up to 1000 individuals) and attempted to identify the correct PM/AM radiographic match. When examiners were able to compare all images within a single test, only true-positive identifications were made. When AM radiographs were presented one-at-a-time, in sequential order, and without examiners having knowledge of array size, erroneous identifications resulted but they were almost exclusively made by untrained examiners (accuracy = 35% vs. 90% for trained examiners). This study demonstrates the value of chest radiographs for the identification of disarticulated and even eroded skeletons, but only when methods are wielded by trained examiners.     

A losing gamble. How mainstream parties facilitate anti-immigrant party success

The emergence of anti-immigrant parties in Western Europe has provoked very different responses from mainstream parties. Some have tried to counter the anti-immigrant parties while others have tried to recapture lost voters by taking a tougher stance on immigration. Country comparative studies have tried to determine the effectiveness of different strategies, but systematic testing has been impaired by small-n problems. This paper therefore exploits sub-national variation in 290 Swedish municipalities to investigate the effect of mainstream party strategy on anti-immigrant electoral success. The paper finds that a tougher stance on immigration on the part of mainstream parties is correlated with more anti-immigrant party support, even when controlling for a large number of socio-economic, historical and regional factors. This result indicates that mainstream parties legitimize anti-immigrant parties by taking a tougher position on immigration. However, the results presented in the paper show that it is not sufficient for one mainstream party to take a tougher position; it is only when the entire political mainstream is tougher on immigration that the anti-immigrant party benefits. What is more, the toughness of the parties on the left seems to be more legitimizing than the toughness of the parties on the right.