Navigating the space between politics and administration: The informal practices of Ontario school board trustees

Through interviews with 25 school board trustees in Ontario, this article contributes to the growing literature that explores the politics-administration dichotomy at the local government level in Canada. While existing literature is oriented from the perspective of the local government administrator, we examine the relations between local government politicians and administrators from the orientation of the former to determine how they navigate the dichotomy, particularly in a context where it is arguably more contested. We identify six informal practices trustees adopt in representing constituents and confronting tensions inherent in their role, namely: navigating, influencing, listening, translating, informing, and uploading.     

The dominant class and industrial development in Peru

From 1968, a reformist military regime in Peru implemented an industrialising development strategy which was fundamentally at odds with the interests of the traditional ‘oligarchy’ that had dominated the primary export phase of the country's development. In order to understand this new phase of development it is necessary to reject the idea of a monolithic ‘oligarchy’ before 1968, and to see the Peruvian dominant class as already internally differentiated. An important sector of that class was by 1968 committed to the development of industry and of the urban economy generally. Its interests were explicitly at variance with those of the exporting fractions of the Peruvian dominant class.     

On the efficiency of the common law: an application to the recovery of rewards

Richard Posner’s influence on the field of law and economics cannot be overstated. Among his many contributions, Posner offered an early conjecture that remains fascinating and controversial to this day: the idea that common law rules are more likely than legislative codes to be concerned with efficiency. In this paper, I compare the efficiency of a common law rule of contracting to the efficiency of a civil law rule. In common law jurisdictions, claimants must have knowledge of a reward in order to recover. In civil law jurisdictions, however, no such knowledge is required. I analyze the efficiency of each rule by examining the incentives created by each rule. In a finding that agrees with Posner’s hypothesis, I argue that the common law rule is more efficient. The model has a number of applications beyond contract default laws. I use the model to discuss three legal questions previously analyzed by Richard Posner: (1) incentivizing innovation; (2) the finders-keepers rule in property law; and (3) salvage rights in maritime law.     

Peer Consultation for Mediators: The Use of a Holding Environment to Support Mediator Reflection, Inquiry, and Self-Knowing

In order to help the parties in mediation address their interests, concerns, and responses to the conflict, the mediator must monitor and manage his or her own inner thoughts, emotions, and feelings throughout the process lest they negatively influence the outcomes of the mediation. Peer consultation offers one approach that can be used effectively to support the mediator's inquiry into practice dilemmas and invite self-knowing that benefits the mediator as well as the parties in the mediation. The effectiveness of a group consultation process, however, depends on the development of "a holding environment" that can provide a safe and confidential space within which such an inquiry can occur. The mediation process is improved when the mediator is able to sustain relational and emotional tension within herself and between the parties long enough for new understandings and actions to develop.     

Women’s Rights to Property in Marriage,Divorce, and Widowhood in Uganda: The Problematic Aspects

This article examines women’s rights to property in marriage, upon divorce, and upon the death of a spouse in Uganda, highlighting the problematic aspects in both the state-made (statutory) and non-state-made (customary and religious) laws. It argues that, with the exception of the 1995 Constitution, the subordinate laws that regulate the distribution, management, and ownership of property during marriage, upon divorce, and death of a spouse are discriminatory of women. It is shown that even where the relevant statutory laws are protective of women’s rights to property, their implementation is hindered by customary law practices, socialization, and the generally weak economic capacity of many women in the country. The article delves into the even weaker position of women’s rights to matrimonial property at customary and religious laws. In many homes, wives provide labor to support their husbands without having a stake in the use or monetary benefit from it. Under Islamic law regulating intestate succession to property, the entitlements for widows fall short of the constitutional standards on equality and non-discrimination. Polygyny is widely practiced by Muslims implying that the widows share the one eighth whenever there are children or one fourth in cases when there are no children. Radical reforms such as adopting an immediate community property regime instead of the present separate property regime are inevitable if women’s rights to property are to advance.     

Budget Appraisal—The Next Step in the Quest for Better Budgeting?

Noting that budgeting now represents the most important instrument of governance, transcending the traditional role of legislation, and also noting that recognition of this development stimulated a search for better methods, which is still underway, the author explores the possibility of using periodic, criteria-based appraisals to encourage governments to adopt exemplary practices. Surfacing after World War II, dissatisfaction with budgetary practice led to continuing experimentation with alternative formats and procedures. Although the alternative approaches reflect different standards, they also share similarities, which can provide a foundation for the construction of an exemplary model of public budgeting, embracing critical dimensions of the budgetary process. Further noting the constructive impact of auditing standards on accounting practices and financial reports, the author suggests that the post-audit model may be applicable to budgeting. Experimenting with this model is advanced as a likely next step in the search for better budgeting methodologies.     

Norfolk Island and Its Tax Haven

The first Pacific Islands offshore financial centre was born in 1966 on Norfolk Island. This paper analyses the historical trajectory of Norfolk Island's tax haven in terms of its dialectical tensions with the Australian federal government — tensions between self-determination and subordination which emerge from Norfolk's anomalous status as a self-governing external territory of Australia. Promoters of Norfolk Island's tax haven have seen its potential to become a major global offshore financial centre blocked by the Australian federal government. Yet, at major critical junctures (in 1976, 1991 and 2000) the Australian federal campaigns that threatened Norfolk's residential tax haven disintegrated in the face of concerted local opposition, although the danger has never entirely disappeared. The island's political economy and external relations are likely to remain inextricably bound to its tax haven.