Showing papers on "Settlement (litigation) published in 1982"

Suit and Settlement vs. Trial: A Theoretical Analysis under Alternative Methods for the Allocation of Legal Costs

Abstract: Will a party who believes that he has a legally admissible claim for money damages decide to bring suit? if so, will he subsequently settle with the opposing party or will he go ahead to trial? These questions are analyzed under four methods for allocating legal costs, namely, under the American system, whereby each side bears its own costs; under the "indemnity" or British system, whereby the losing side bears all costs; under the system favoring the plaintiff whereby the plaintiff pays only his own costs if he loses and nothing otherwise; and under the system favor the defendant, whereby the defendant pays only his own costs if he loses and nothing otherwise. Following the analysis, two brief illustrations are considered and comments are made on the relative social desirability of the methods of allocating legal costs.

Bargaining in the Shadow of the Law: A Testable Model of Strategic Behavior

Abstract: PRETRIAL bargaining may be described as a game played in the shadow of the law. There are two possible outcomes: settlement out of court through bargaining, and trial, which represents a bargaining breakdown. The courts encourage private bargaining but stand ready to step from the shadows and resolve the dispute by coercion if the parties cannot agree. Bargaining is successful from an economic viewpoint if an efficient solution to the dispute is found at little cost. In technical language, a dispute is resolved successfully if a solution is found on the contract curve with little expenditure on search. The usual approach to bargaining in the legal setting assumes that trial is caused by excessive optimism on the part of plaintiff and defendant.' If both parties are optimistic, then there is no way to split the stakes so that each receives as much as he or she expects to gain from trial. In these circumstances, trial is inevitable.

Not "cured by a verdict". Effect of legal settlement on compensation claimants.

Abstract: The literature dealing with the effect of legal settlement of compensation claims on disability and return to gainful employment is reviewed. The literature does not support the view that patients invariably become symptom-free and resume work within months of the finalisation of their claims. Up to 75 per cent of those injured in compensable accidents may fail to return to gainful employment two years after legal settlement. Factors associated with a poor prognosis include older age at settlement, low back injury and loss of libido. (Author/TRRL)

Beyond Willow Smoke and Dogs’ Tails: A Comment on Binford's Analysis of Hunter-Gatherer Settlement Systems

Abstract: Acknowledgments. Credit is due to Ron Bishop for creation of the title; thanks are also due to Diane Z. Chase, Robert J. Sharer, and Bernard Wailes for their constructive criticisms and readings of earlier versions of this paper. The author, however, is entirely responsible for the contents. The subject matter here presented will be more fully discussed in the final publication of the University of Pennsylvania-University Museum Tayasal Project.

Prehispanic Settlement Patterns in the Southern Valley of Mexico: The Chalco-Xochimilco Region

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THE DEVELOPMENT of NEOLITHIC and COPPER AGE SETTLEMENT IN the GREAT HUNGARIAN PLAIN PART I: the REGIONAL SETTING

Abstract: Summary: This paper describes the development of settlement over the period 6000-4000 BC in part of central Europe. It contrasts the patterns of initial agrarian occupation with the subsequent expansion of population in the eastern part of the Carpathian Basin. This area is of particular interest, both as a major focus of prehistoric settlement, and because it is possible to compare the results of recent local surveys with a well documented series of regional distributions.

Some Limitations of Adjudication as an International Dispute Settlement Technique

Abstract: Nations have generally resisted third-party settlement of their disputes and adjudicative techniques, in particular, have usually played only a limited role in their relations. This article notes some of the reasons adjudication is not more widely used as an international dispute settlement technique and urges that more attention be paid instead to the use of other non-judicial dispute management tools such as negotiation, mediation and conciliation.More broadly, the author proposes that international lawyers should focus their attention, not simply on adjudication, but on dispute avoidance and management processes as a whole, and goes on to suggest some of the questions which might be explored to help us better understand and utilize this range of processes.

Toynbee Hall and the American Settlement Movement

Abstract: Toynbee Hall and the American settlement houses had their origins in middle-class, largely college-educated men and women who were concerned with the conditions of the urban poor. They saw in the settlement house an opportunity to share their lives and culture with the poor and to allay the dangers of class struggle. Toynbee Hall, founded in 1885, served as a direct impetus to the pioneer settlement houses in the United States. Americans imitated its form and many of its practices, but the circumstances of American life led to significant changes on the English model. By 1900, the American movement dwarfed its British predecessors, and international leadership passed to American settlement-house officials.

A Review of "Arad" I@@@Early Arad: The Chalcolithic Settlement and Early Bronze City. I, First-Fifth Seasons of Excavations, 1962-1966

Abstract: Located about 30 kilometers east of Beersheba, Tel Arad has preserved its name since biblical times. Joshua 12: 14 mentioned the site among the conquered Canaanite cities, although there is no account of its conquest. It was known to the Egyptians also, being listed as \"the citadels of Greater Arad\" by Pharaoh Shishak after his campaigns in the fifth year of Rehoboam's reign. Much later, Eusebius mentioned a village of Arad situated about 20 miles from Hebron, a distance that agrees with the location of Tel Arad. In modern times, Edward Robinson identified the tell in his Biblical Researches in Palestine (1841), and the site was explored and identified by David Alon (1953) and Nelson Glueck (1957) as having Chalcolithic, Early Bronze, and Iron Age remains. Excavations in 1962, the first season, were directed jointly by Amiran and Aharoni, and work was concentrated mainly upon the high mound on the northeast side of the site. It became apparent, however, that the high mound was a citadel belonging to the biblical period, while the lower city was much earlier, dating to the Early Bronze Age. For the remainder of the excavation, therefore, a division of responsibility was agreed upon, and Aharoni devoted his efforts to the citadel while Amiran excavated the lower city. This report covers Amiran's work in the lower city through the fifth season, in 1966, although it should be noted that a second phase of excavations began in 1971 and has continued to the present. In the remarks that follow, the reader should bear in mind that the present volume was in the hands of the publishers by 1971; for unexplained reasons, they required seven years before it appeared in print. The pottery plates were kindly made available to the reviewer in 1970 for use in preparation of the first cAi (et-Tell) report, but countless others interested in the Early Bronze Age were denied access to this important work because of the excruciating pace of the publishers. Five major strata have been identified in the relatively shallow remains of the ancient site. They are numbered from the top down, or from latest to earliest, in the order in which they were excavated. Thus, Stratum V represents the Chalcolithic, or earliest, remains; Stratum IV is assigned to the second half of EB I, contemporary with the first two kings of the Egyptian First Dynasty (p. 115), and is pre-urban in that it precedes the construction of the walled city; Strata III-II are assigned to EB II and represent the great urban occupation phases at Arad. A well-planned city with strategically located fortifications and a water supply was constructed, in some cases with city walls on top of the preceding Stratum IV village houses. This city flourished during the major period of the Egyptian First Dynasty, from Djer to Semrekhet. The city was apparently destroyed at the end of this period, terminating Stratum II, and Stratum I is assigned to the scrappy remains of what Amiran calls a brief \"after the destruction\" occupation (p. 116), which, by Amiran's interpretation of the brief

The Search for a Series of Small Successes: Frontiers of Settlement in Eastern Bolivia

Abstract: Few thinly populated regions of the world represent genuine frontiers of settlement. The tendency to describe almost any area of sparse population as a settlement ‘frontier’ is not uncommon, especially in studies of Latin America. What matters, however, is what is going on within such sparsely populated zones, or indeed within more densely populated zones which are in an active frontier stage.

The basic structure of the disputes settlement part of the law of the sea convention

Abstract: The Draft Convention on the Law of the Sea contains an elaborate and unique system for the settlement of disputes concerning the world ocean that is both flexible and firm. The evolution and development of this disputes settlement system began later than the work done in Committees I, II, and HI, of the Conference and was largely due to the initiative and leadership of Hamilton Shirley Amerasinghe, President of UNCLOS III. The major features of the emerging disputes settlement system are: a general and comprehensive system including adjudicatory procedures; a multiplicity of forums for disputes settlement with concurrent attempts at maintaining some uniformity in the jurisprudence of the law of the sea; adoption of a flexible system which permits states the choice of mode or venue for settlement; abandonment of the original idea of a separate and special “Sea‐Bed Tribunal”; the decision of the Conference to make disputes settlement an integral part of the Convention; the emergence of the compulso...

The settlement system of the Dutch Linearbandkeramik

Abstract: Up t i l l 1982 thir ty two Linearbandkeramik sites have been discovered in the Netherlands and these are entirely restricted to the southeastern part of the country. The "sites" are defined by the occurrence of pottery. Many have been demonstrated to be real settlement sites with houses, and fu r the r investigation may well prove that this was also the case with the remainder. Isolated finds of f l int tools and adzes are not considered here. Leaving aside their in te rna l structure, these settlements can be studied on three levels. The first level involves analysis of the settlements as individual units. The second level examines the degree of association between settlements, and the third level involves comparison with neighbouring settlement systems.

The Economic Foundations of East-West Migration During the Nineteenth Century

Abstract: This paper argues that latitude-specific investments in seeds and human capital provided an incentive for farmers to move along east-west lines. The incentives were greatest during the early and mid 1800s. Towards the end of the century migration patterns changed as farmers learned about farming in different environments, as settlement reached the Great Plains and beyond, and as farming declined in importance. Census manuscript schedules and Mormon family-group records form the basis for empirical work.

An Examination of Settlement Patterns at Coba, Quintana Roo, Mexico, and Tikal, Guatemala: A Reply to Arnold and Ford

Abstract: Data from Coba, Quintana Roo, Mexico indicate strongly that Arnold and Ford's (1980) settlement pattern analysis of Tikal, Guatemala is the result of an insufficient sample combined with their inability to distinguish between vaulted and unvaulted masonry structures. These deficiencies, together with a standard labor investment calculation for shrines and the use of an invalid measuring technique, have produced a distorted homogenized view of Classic Maya urban organization.

Settlement and unsettlement in early America : the crisis of political legitimacy before the Revolution

Abstract: Preface Introduction 1. Puritan New England 2. Colonial Virginia 3. Conclusion: the problem of political legitimacy in Early America 4. An essay on the sources Index.

Method and Theory in Coastal New York Archaeology: Paradigms of Settlement Pattern

Abstract: Settlement pattern research in Coastal New York follows the philosophical structure of advances in method and theory in science. Two alternative paradigms for settlement pattern complexity are currently under debate with the traditional based on maize as the principal factor to promote or “allow” increased sedentism, and the new on the European fur-wampum trade. The history of the two paradigms is presented and five important issues are discussed and evaluated as supporting evidence: archaeological maize, pollen, soil, fertilizer, and settlement pattern models. The evidence appears to offer stronger support for the new. The major goal of this paper is to outline past and present archaeological research as a basis for future directions; it is also to serve as a rejoinder to Silver's (1980) comments on an earlier article of mine (1979) in this journal.

The Laki eruption of 1783: impacts on population and settlement in Iceland.

Abstract: In comparison with research on contemporary natural hazards little is known about response to historic disasters or about long-term processes of adaptation to impacts on population and settlement patterns. This paper describes a case study of the eruption of the Icelandic volcano Laki in 1783 a major disaster which killed nine thousand people....The population rapidly recovered however and a replacement of settlement took place in sites peripheral to the lava. The paper places the eruption within a physical environmental political and economic context and describes the event and its impacts on the basis of contemporary accounts and statistical data on population and settlement. Further questions for research on past natural disasters are suggested. (EXCERPT)