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.     

Common‐interest housing in the communities of tomorrow

Abstract

This article offers a broad conceptual framework for understanding the rise of common‐interest housing developments (CIDs), including gated communities, townhouse and condominium projects, and other planned communities. The article begins by describing the CID as an institution and the essential characteristics and varieties of CIDs. Second, the rapid spread of CIDs is attributed to the incentives currently operating on real estate developers, municipal governments, and consumers. Third, this institution is placed in the context of definitions of public and private, and the categories of state, market, and civil society.

The article then presents the eight different “big‐picture” interpretations of this overall phenomenon that could inform the public policy framework within which CIDs are situated. They can be seen as an imperfectly realized version of the “rational choice” or “public choice” model, and reform efforts should be aimed at making choice mechanisms more effective.     

Case note: a first experience with sea reporting

The City of Boca Raton, Florida has begun experimentation with Service Efforts and Accomplishments reporting. Sanitation was the focus because the department had been selected to participate in the City's detailed operations review for the annual reporting period. This paper describes the City's project, discusses the impact, and identifies lessons learned through the City's first attempt at SEA reporting. Although challenging, the City considers this initial effort a success and plans to continue experimentation.     

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.