Mediation: important preliminary questions: trustee's duties in trust disputes and trustee's powers of compromise

Before trustees can proceed to mediation, they need to knowwhether they have a duty to resist the claim that is being mediated.Before entering into mediation, trustees need to understandits duties in relation to the claim, and the scope of compromise.Applications for blessing are two ways of protecting to enterinto a compromise. These are considered in this article.     

Editorial

Were the Carmelite order to submit argument based on what itssisters do today, the result in Gilmour v Coats [1949] AC 426would be reversed: but not its finding that the efficacy ofprayer is non-justiciable. Sacramental efficacy is in the same boat. The theologians holdthat the ministers of the sacrament of matrimony are the couplethemselves. In times when the imbalance between the relativesocial positions of the sexes was extreme, the additional requirementof a priestly witness helped protect the weak position in whichthe wife might have found herself     

AUTHORSHIP AND THE PUBLIC SPEECH

Abstract: At one level, this paper is a fairly straightforward analysis of speeches about industry training made by two business people on behalf of the state. As such, it can be situated within a constellation of relations described by the following formations: relations between and within business and government; the role of non-statutory public advisory bodies; and the nexus of economy and training. At a second level, the paper may be read as an attempt to address the techniques of speech writing within the public service and how these resonate with "famous names" to produce authored — and authorised — documents. And at a third level, what I am seeking is to advocate the use of discourse analysis in the study of Australian public policy, by positioning the speeches within a set of structuring forms of knowledge. I want particularly to argue for the dominance of neoclassical economics as a key logic determining the terms of truth within such speeches. This will be maintained both through a reading of these specific texts and a discussion of the context within which they were produced, circulated and consumed.     

The need for protection and punishment in victims of violent and nonviolent crime in the Netherlands: The effect of relational distance

A crime victim’s relationship to the offender is widely recognized as an important variable in the study of victims and the criminal justice system. However, studies concerning comparisons of the needs of victims at various relational distances to the offender are lacking. The authors studied how the victim’s need for protection and punishment correlated to the victim’s relational distance to the offender. The authors distinguished more than the usual two victim-offender relationships (known vs. stranger offender), so that the needs of victims at intermediate relational distance (offender is known to the victim, but not an intimate) to the offender might become visible. A total of 370 victims were interviewed about their reasons for reporting the crime. Respondents were divided into three groups: small (intimates), intermediate (nonintimates), and large (strangers) relational distance. While controlling for gender of the victim and type of crime, the needs of victims were found to vary with the relational distance to the offender.     

Determinants of Foreign Aid: Rivalry and Domestic Instability

Foreign aid is usually seen as a form of international cooperation. Thus, the expectation is that states engaged in international rivalry with one another should be unlikely to provide each other aid. However, they do provide their enemies aid. We consider how situations of uncertainty influence aid transfers between states. We argue that states may provide each other aid to limit uncertainty from potential regime changes that could lead to war. Such uncertainty is particularly bad for rivals who are prone to militarized conflict. We find that rivals may provide one another foreign aid when one of the countries is experiencing regime-threatening levels of domestic instability. We compare these results to the behavior of nonrivals and find that: Rivals are likely to provide their enemies aid in times of uncertainty; rivals are no less likely to give aid to each other than are nonrivals; and rivals provide more aid during times of instability than do nonrivals.