Becoming a Threat: The Burqa and the Contestation Over Public Morality Law in France

Through an examination of legislative debate and court opinions, this article illustrates that the French understanding of public order policing as a bulwark of freedom and national sovereignty deeply informed the development of (and contestation surrounding) the 2010 ban on all facial coverings in public. This ban notably includes the burqa or niqab, garments worn by a small minority of Muslim women in France. This article has two aims. The first is to expand on the sociolegal argument about the contested nature of rights protections and constitutional constraints on legislative authority by highlighting how a nation's legal culture can profoundly shape that contestation. The second aim of this article is to show, through a technique called legal archaeology, how longstanding French views on rights confront current European‐inspired alternative views that would give more weight to individualistic protections against state action than has traditionally been the case in France.     

Voting Counts: Participation in the Measurement of Democracy

The measures of democracy commonly used in empirical research suffer notable limitations, primarily the exclusion of participation. As a result, quantitative studies may undervalue the effect of democracy on important social outcomes or misinterpret the aspect of democracy responsible for that effect. We respond by introducing and validating two variants of a new indicator, the Participation Enhanced Polity Score (PEPS), which augments institutional factors with the breadth of citizen participation. We demonstrate, using statistical evidence on democratic persistence, basic needs fulfillment, and gender equality, that no measure of democracy can be considered an accurate representation of its basic character without directly including participation as a core component. Bruce E. Moon is professor of international relations at Lehigh University in Bethlehem, Pennsylvania. He is the author ofThe Political Economy of Basic Human Needs (Cornell University Press. 1991) and two editions ofThe Dilemmas of International Trade (Westview Press, 1996, 2000). Jennifer Harvey Birdsall is a researcher for a NGO in Geneva, Switzerland. She received her B.A. in international relations and economics from Lehigh University and her M.S. in global affairs from Rutgers University-Newark. Sylvia Ciesluk is pursuing an M.A. at the Fletcher School at Tufts University. She received her B.S. in economics from Lehigh University. Lauren M. Garlett is a geography teacher at Bellamy Middle School in Chicopee, Massachusetts. She received both her B.A in international relations and her M.Ed. in secondary education from Lehigh University. Joshua J. Hermias is associate director of the Global Young Leaders Conference in Washington, D.C. He received his B.A. in economics from Lehigh University and his M.A. in international development from the University of East Anglia, Norwich, England. Elizabeth Mendenhall is pursuing a Masters in International Affairs (MIA) in economic and political development at Columbia University. She received a B.A. in international relations at Lehigh University. Patrick D. Schmid is a Ph.D. candidate in computer science at Lehigh University. He received both his B.S. and M.S. in computer science from Lehigh University. Wai Hong Wong is a research associate at FactSet Research Systems. He received his B.A. in international relations and economics at Lehigh University. We are grateful for the helpful suggestions of Frank Davis, Bill Dixon, Chaim Kaufmann, Rajan Menon, Pamela Paxton, Larry Taylor, and the anonymous reviewers.     

EVIDENCE OF A DIFFERENT NATURE: THE CHILD‐ RESPONSIVE AND LESS ADVERSARIAL INITIATIVES OF THE FAMILY COURT OF AUSTRALIA

This article charts the constellation of vision and research that underpin a new era in the Family Court of Australia, focusing on the development and outcomes of two programs that have attempted to meaningfully reinforce the centrality of children's rights and needs in family court proceedings. The Less Adversarial Trial and its front‐end Child Responsive Program (CRP) both aim to minimise the potentially negative effects on parents of a litigation process by application of a more intensive case management model adopted with the intention of altering the parents’ experience of the journey. Key features of this approach include the adoption of inquisitorial techniques, which include direct consultation with children through the CRP, modified application of the rules of evidence, and strong judicial management rather than being party driven. Findings from two studies into the pilot Children's Cases Program (now the Less Adversarial Trial) and the CRP are discussed. Significantly, evidence is outlined around the capacity of the new processes to impact on both the co‐parenting and parent–child relationships and to influence short‐term adjustment of complex families in high‐conflict dispute. In encouraging a more active focus on children's needs and views and by facilitating a stronger voice for children in proceedings that affect them, both initiatives advance Australia's commitments under the United Nations Convention on the Rights of the Child.     

Measuring the impact of a targeted law enforcement initiative on drug sales

Law enforcement focused on drug sales with special intensity in particular during the 1980s and 1990s because of their impact on community decline and violence. This study considered the impact and implications of one particular law enforcement intervention, the establishment of “drug free zones” in Portland, Oregon. The analysis of possible effects of the drug free zone strategy employed multiple methods including mapping and multilevel analytic techniques. Together, these methods were employed to identify hypothesized impacts of the drug free zone intervention, in the context of the effects of temporal shifts and community characteristics, on drug sales arrests. Findings from the research suggested that future consideration be given to the development of meaningful measures of the relationship between drug free zone status and law enforcement practices. Findings also shed light upon the relative importance of ecological predictors of crime at the block group level.