Preparing children for cross-examination: do the practice questions matter?

Research has shown that a brief intervention involving practice and feedback can help children maintain accuracy when challenged with cross-examination-style questions. To date, however, researchers have prepared children using the same cross-examination challenges that they would encounter during the subsequent cross-examination interview. It is unknown whether the intervention will still be effective when children later face novel cross-examination-style questions. Six- to 11-year-old children (n?=?132) took part in a staged memory event, and were then interviewed with analogues of direct-examination (1–2 days later) and cross-examination (6–8 weeks later). One week prior to the cross-examination interview, some children participated in a preparation session, where they were given practice answering cross-examination-style questions about an unrelated topic, and feedback on their responses. For half of these children, the cross-examination-style challenges they encountered during the preparation session were the same as the challenges they subsequently faced during cross-examination; for the others, there was no overlap. Relative to a control group that did not receive the intervention, the preparation session resulted in better performance during cross-examination, regardless of the degree of overlap. These findings are encouraging given that we can never predict the questions that cross-examining lawyers will ask children.     

Constructing citizenship? Women, welfare and refugees in France, 1939-1940

Women were central to the provision of welfare services in France during the refugee crises of the late 1930s. By building on the services created during the First World War, women, as either volunteers or professionals, actively cared for refugees and others during the Spanish Civil War (1936-39), the phoney war (September 1939-May 1940) and the German invasion of 1940. French women's involvement with refugee aid enabled them to develop a sense of autonomous civil and political activism, especially—although not exclusively—in their work with the French Red Cross. In addition, the history of welfare activities for refugees illuminates how ordinary people dealt with the extraordinary circumstances of war, invasion and the forced movement of populations.     

Mortgages, seniors and the common law contractual doctrine of mental incapacity in Australia

Seniors in Australia are being called upon to mortgage their most precious economic asset, the family home. They may be asked to guarantee the liabilities of other family members by providing a mortgage-based guarantee or they may decide to enter into a reverse mortgage to supplement financially their savings and pensions. As the family home is the single most valuable asset for most older Australians, the creation of any obligations in regard to it ought to be undertaken with care and vigilance. While seniors are free to create mortgages, they may lack the capacity to understand the legal ramifications of these complex transactions or be unable to protect their interests when entering into them. It is not suggested that older Australians necessarily suffer a lack of contractual capacity. Many seniors are more than able to take care of their interests and assets. However, some seniors do suffer cognitive impairment which adversely affects their capacity to act in their best interests and to navigate the complexities of contractual relations. In contract and mortgage law, this raises the issue of mental incapacity.For centuries, the common law has recognized not only that mentally incapacitated people exist, but that they may enter into contracts such as mortgages and may later wish to have the mortgage set aside. The present formulation of the contractual doctrine of mental incapacity is the product of 19th century jurisprudence in which the courts framed the doctrine to accommodate commercial dealing rather than the interests of persons who lacked the necessary mental capacity. Accordingly, the doctrine has been very difficult to rely on successfully when challenging mortgages made by persons lacking capacity. Therefore, Australian litigators and courts alike have sought to deal with mental incapacity issues in the contractual context by using and modifying other doctrines (such as non est factum, undue influence and unconscionable dealing) in which the issue of capacity may be incorporated, but where mental incapacity need not be the sole or primary focus. While this had led to greater success for mortgagors, this has been at the expense of the common law doctrine. The article concludes by offering some suggestions as to how the doctrine may be modernized and mental capacity dealt with in a way both to empower competent seniors and protect those vulnerable seniors suffering cognitive impairment.     

Leadership in Local Government: ‘No Girls Allowed’

This article explores the under‐representation of women at the Chief Executive Officer (CEO) levels of Western Australian (WA) local government. It draws on data collected from 21 second tier senior women managers about their perceptions and experiences of leadership within the sector, as well as their aspirations for CEO appointment. By applying critical gender analysis to the data, gender and specifically masculinity emerges as a significant and valued leadership attribute. While this analysis is not unique to local government, what sets the sector apart is its apparent disinterest in examining the reasons for, or the impacts of this continued leadership stereotype when at the same time Australian public and private institutions are challenging these traditional leadership models. This article points to fundamental weaknesses in the formal power structures and processes of local government that support deeply embedded biases about leadership. Perhaps the most significant contributor to these outcomes that emerged from the study is the apparent unencumbered power of Mayors and elected members over all aspects of CEO employment, especially recruitment.     

Public Attitudes to Gaelic and the Debate about Scottish Autonomy

Scotland seems to be a counter-example to general theories of the relationship between language and national identity or nationalism. These theories point to three components in the ideology of language and nation—that being able to speak the national language is necessary for full national membership, that the national language is a core part of the nation's culture, and that the future of national political autonomy and the future of the national language are connected with each other. In Scotland, it has appeared that language is not central to national membership or culture, and language campaigning has not been central to the political campaigns for autonomy. The article presents new evidence, from the 2012 Scottish Social Attitudes Survey, which questions these beliefs about the relationship between language and national identity or nationalism in Scotland.