Showing papers on "Settlement (litigation) published in 1986"

The Mediation Process: Practical Strategies for Resolving Conflict

Abstract: UNDERSTANDING DISPUTE RESOLUTION AND MEDIATION Approaches to Managing and Resolving Conflict How Mediation Works LAYING THE GROUNDWORK FOR EFFECTIVE MEDIATION Initial Contacts with the Disputing Parties Selecting a Strategy to Guide Mediation Collecting and Analyzing Background Information Designing a Detailed Plan for Mediation Building Trust and Cooperation CONDUCTING PRODUCTIVE MEDIATION Beginning the Mediation Session Defining Issues and Setting an Agenda Uncovering Hidden Interests of the Disputing Parties Generating Options for Settlement REACHING A SETTLEMENT Assessing Options for Settlement Final Bargaining Achieving Formal Settlement Strategies for Dealing with Special Situations

The Settlement of the Americas: A Comparison of the Linguistic, Dental, and Genetic Evidence

Abstract: The classification of the indigenous languages of the Americas by Greenberg distinguishes three stocks, Amerind, Na-Dene, and Aleut-Eskimo. The first of these covers almost all of the New World. The second consists of Na-Dene as defined by Sapir and, outside of recent. Athapaskan extensions in California and the American Southwest, is found in southern Alaska and northwestern Canada. The third, Aleut-Eskimo, is the easternmost branch of the Eurasiatic language family located in northern Asia and Europe. These three linguistic stocks are found to agree well with the three dental groups proposed by Turner and the genetic divisions of the New World population advanced by Zegura. The three groups are hypothesized as representing the settlement of the New World by successive migrations from Asia. The earliest is in all probability the Amerind; the relative priority of Na-Dene to Aleut-Eskimo is less certain. The evidence regarding the absolute chronology of these proposed migrations is discussed.

Settlement, Litigation, and the Allocation of Litigation Costs

Abstract: This article examines a model of settlement and litigation in which the plaintiff makes a settlement demand based upon his true level of damages; the defendant infers the plaintiff's true damage level and decides whether to go to trial. When both parties share common beliefs about the likelihood of judgment in favor of the plaintiff (but not necessarily about the expected award) and when the plaintiff retains the entire settlement, then the system for allocating litigation costs does not affect the equilibrium probability of trial. If either of these two assumptions is violated, then the litigation cost allocation system becomes an important determinant of the equilibrium probability of trial.

Immigration, settlement, and density-dependent mortality of a larval and early postlarval 0-group plaice (Pleuronectes platessa) population in the western Wadden Sea

Abstract: Mortality factors operating in a temporarily isolated 0-group plaice population in the western Wadden Sea have been examined from information on larval immigration, subsequent settlement and changes in demersal densities. Larvae entered the western Wadden Sea every year from the end of February to the beginning of May. In years of strong larval abundance the main perlod of arrival seemed somewhat delayed from March to April. As a result, between-years mean length and density of the settled population showed an inverse relation on June 1. Density-dependent mortality was observed among plaice up to about 35 mm, with instantaneous mortality rates ranging up to 0.06 d-l during and shortly after settling of the larvae. Arguments are given that, although in the coastal zone pelagic predators are present (several coelenterate species), the main dens~ty-dependent mortality processes operate in the demersal phase. The larval data further showed that level of yearclass strength was established early in life, during the planktonic stage in the open sea. Observed density-dependent mortality in the Wadden Sea reduced the between-year variation in year-class strength generated in the open sea egg and larval stages from a coefficient of variation of 62 % during larval immigration to 30 % after settling in June.

The Guest-Worker in Western Europe — An Obituary:

Abstract: The significance of guest workers is examined for six Western European countries It is found that "the dynamics of the migratory process led to family reunification and settlement against the original intentions of the workers employers and states concerned The recruitment of guest-workers stopped after 1974 but many migrants stayed on becoming permanent ethnic minorities in a situation of economic and social crisis It is argued that guest-worker systems inevitably lead to permanent migration in the long run and that it is better to plan for orderly settlement through appropriate policies" (EXCERPT)

The Settlement of Disputes in Early Medieval Europe

Abstract: List of figures Preface Abbreviations Introduction 1. Disputes in late fifth- and sixth-century Gaul: some problems Ian Wood 2. 'Placita' and the settlement of disputes in later Merovingian Francia Paul Fouracre 3. Dispute settlement in Carolingian West Francia Janet L. Nelson 4. People and places in dispute in ninth-century Brittany Wendy Davies 5. Visigothic law and regional custom in disputes in early medieval Spain Roger Collins 6. Land disputes and their social framework in Lombard-Carolingian Italy, 700-900 Chris Wickham 7. Dispute settlement in the Byzantine provinces in the tenth century Rosemary Morris 8. Charters, law and the settlement of disputes in Anglo-Saxon England Patrick Wormald 9. Dispute settlement in medieval Ireland: a preliminary inquiry Richard Sharpe 10. An early modern postscript: the Sandlaw dispute, 1546 Jenny Wormald Conclusion Appendix Glossary edited by Jane Carpenter Index.

Dynamics of caribou and wolves in northern British Columbia

Abstract: Major fluctuations in caribou (Rangifer tarandus) numbers have occurred since the settlement of European man in British Columbia. Caribou declined in the late 1930's and 1940's after moose (Alces a...

Factors regulating postlarval settlement and juvenile microhabitat use by spiny lobsters Panulirus argus

Abstract: Clumps of highly-branched red algae Laurencia spp. serve as important settling habitat for postlarval spiny lobsters Panulvus argus and as residence for early benthic-stage juveniles. G ~ v e n choice between the 2 most abundant macrophytes in Florida Bay, Laurenna spp. and the seagrass Thalassia testudinum, postlarval and juvenile lobsters chose Laurencia spp. Postlarvae apparently use intricate algal architecture as a cue for settlement, whereas juveniles use both architecture and food abundance in selecting habitat. In tethering experiments, predation on juve~ule lobsters was very high on open sand, much reduced In algal clumps and seagrass, and lowest in dense algal meadows. Predation rates were s~milar day and night both on open sand and In vegetabon. Most lobsters vacated algal clumps located within continuous algal meadows overnight, at a rate significahtly higher than that from isolated algal clumps. We suggest that algal clump d~s tnbubon , postlarval settling behavior, and juvenile interpatch movement and mortality contribute to the highly dispersed distnbution and locally sparse abundances of early benthic juveniles.

The settlement process among Mexican migrants to the United States.

Abstract: This report examines the process of integration and settlement among Mexican migrants to the United States using data specially collected from four Mexican sending communities. These data indicate that as migrants accumulate experience in the United States social and economic ties are formed which progressively increase the likelihood of U.S. settlement. Over time migrants bring family members abroad make new friends establish institutional connections and obtain more stable better paying jobs. As a result less money is remitted home to Mexico and more is spent in the United States. These trends give rise to a steady cumulative increase in the probability of U.S. settlement. (EXCERPT)

Achaemenid Settlement in the Persepolis Plain

Abstract: The purpose of this paper is to interpret settlement geography in the Persepolis region using archaeological and historical sources. Ceramic and other dating criteria are discussed and it is argued that the settlement system existed from a date soon after the end of Cyrus' reign until Alexander's conquest. Archaeological sites described include 39 habitation sites, irrigation works, and a paved road. The settlement system is reconstructed by estimating the number of sites not yet recorded and it is argued that the sedentary population did not exceed 44,000. Descriptions by Classical authors are summarized and geographical implications of the Persepolis Fortification texts are explored, expanding a line of analysis initiated by Richard Hallock. Analysis reveals a five-level settlement hierarchy, arranged in districts around Persepolis, that accords well with the archaeological record. Arguments are advanced for the location of several named places, particularly Matezziš, which is identified with sites in the plain adjacent to Persepolis. Land use patterns and economic organization in the valley are tentatively reconstructed, with the implication that some districts emphasize field crop production and others pastoral production.

Transients, Settlers, and Refugees: Asians in Britain

Abstract: This book offers a real contribution to the study of British race relations. It is based on a case study of Asians in Blackburn. However, in a chapter analysing ethnic settlement in British cities from 1971 to 1981 the author produces a typology of settlement which is original and which explains why a case study of Blackburn is significant. Readership: academics and graduates taking courses in race relations, local government and urban social geography; professionals engaged in these fields.

Anglo-Norman England, 1066-1166

Abstract: List of Maps.Preface.Introduction.Part I: Conquest and Settlement:1. The First Phases of Conquest.2. The Moving Frontiers.3. Settlement and Succession.Part II: Wealth and Government:4. From Doomsday Book to the Pipe Rolls.5. The Wealth of England.Part III: Law and Society:6. Towards a Common Law.7. Serfdom and Villeinage: the Manorial Courts.8. Canon Law and the Church Courts.9. Normans and English.Epilogue.Appendix 1: Claimants to the English Throne 1066-1100.Appendix 2: The Ancestors of Henry II.Further Reading. Bibliography of Abbreviated Titles.Index.

An Economic Analysis of Rule 68

Abstract: RULE 68 of the Federal Rules of Civil Procedure provides that a plaintiff who refuses a defendant's formal settlement offer and then obtains a judgment not more favorable than the offer must pay the defendant's postoffer costs.' Designed to promote settlements, Rule 68 has received increased attention in recent years as a tool for encouraging alternative dispute resolution. The rule has also been used by defendants to avoid paying fees to prevailing plaintiffs under fee-shifting statutes that make attorneys' fees part of the "costs" of litigation.' An advisory committee of the Judicial Conference of the United States has recently proposed farreaching amendments to the rule designed to enhance its effectiveness.3 The arguments made about Rule 68-either as a means of inducing settlement or as a mechanism for avoiding liability for attorneys' fees-all turn on assumptions about the effect of the rule on the incentive structure of litigation. It is commonly supposed that the rule encourages pretrial compromise of lawsuits by penalizing plaintiffs who reject reasonable settlement offers. Take, for example, a suit for breach of contract in

The Iron Age and Romano-British Settlement at Woodcock Hall, Saham Toney, Norfolk

Abstract: The Romano-British settlement at Woodcock Hall, Saham Toney, Norfolk (FIG. I) has been known since the mid-19th century when a local landowner, Thomas Barton of Threxton, donated some artefacts to the Castle Museum in Norwich. The site lies mainly in the parish of Saham Toney, but remains have been found in the adjoining parishes of Threxton and Little Cressingham. The site has not been identified with any place mentioned in the British section of the Antonine Itinerary, but Camboritum, the most likely site, is now thought to refer either to Hockwold-cum-Wilton or to Lackford, although the suggested translation of the name: ‘the ford at the bend of the river’ would suit the Woodcock Hall site well. The site has never been professionally excavated, either wholly or in part.

Australian Aboriginal Oral Traditions

Abstract: In 1988 non-Aboriginal Australians will celebrate two hundred years' occupation of a country which had previously been home to an Aboriginal population of about 300,000 people. They probably spoke more than two hundred different languages and most individuals were multilingual (Dixon 1980). They had a rich culture, whose traditions were centrally concerned with the celebration of three basic types of religious ritual-rites of fertility, initiation, and death (Maddock 1982:105-57). In many parts of Australia, particularly in the south where white settlement was earliest and densest, Aboriginal traditional life has largely disappeared, although the memory of it has been passed down the generations. Nowadays all Aborigines, even in the most traditional parts of the north, such as Arnhem Land, are affected to a greater or lesser extent by the Australian version of Western culture, and must preserve their own traditions by a combination of holding strategies. Thus in 1988 many Aboriginal Australians will be inclined to mourn the Bicentenary with its reminder to them of all they have lost.--Page 231-232.

European commission of human rights

Abstract: This chapter presents different aspects related to European Commission of Human Rights (ECHR) and other related international laws. The rights protected by the ECHR are rights that can be characterized as traditional civil and political rights. The commission consists of a number of members equal to that of the high contracting parties. It is suggested that the members are not only independent but also must be impartial in the performance of their duties. The task of the commission is to examine alleged breaches of the provisions of the convention. If the commission accepts a petition alleging such a breach, it tries, after having investigated the facts of the case, to secure a friendly settlement of the matter together with the parties. In accordance with article 33, the proceedings before the commission are confidential. This rule creates difficulties in some cases. It is understandable in the light of the public interest involved in some cases that the need for greater publicity of the commission's proceedings is often expressed.

Land settlement policies and population redistribution in developing countries: performance, problems and prospects.

Abstract: Preface Introduction by A. S. Oberai An Overview of Settlement Policies and Programs by A. S. Oberai Transmigration in Indonesia by H. W. Arndt Land Settlement in Malaysia: A Case Study of the Federal Land Development Authority Projects by Tunku Shamsul Bahrin Land Settlements in the Philippines by Cayetano Paderanga, Jr. Land Settlement in Ethiopia: A Review of Developments by Eishetu Chole & Teshome Mulat A Case Study of the Resettlement of the Nomads in Somalia by Tod A. Ragsdale & Abdullahi Scek Ali Land Settlements and Population Redistribution in the United Republic of Tanzania by P. S. Maro Colonist Constraints, Strategies, and Mobility: Recent Trends in Latin American Frontier Zones by Sally E. Findley The Colonization Experience in Brazil by Maria Helena F. T. Henriques Settlement Policies in the Forest Highlands of Peru by Jorge Carpio

Urban farmsteads: Household responsibilities in the city

Abstract: A focus of recent historical archaeological research in Arkansas is the nature of 19th century occupation in smaller population centers. The plats for many villages and towns permit examination of pattern and process at the least complex stratum of settlement: individual families and discrete house lots. The “urban farmstead” concept is defined and shows that until recently, such in-town lots contained buildings and spaces that functionally paralleled those of rural farmsteads. The synchronic and diachronic dimensions of the model may be useful for examining residences in nucleated centers in other times and places. In many ways, the responsibility given to the occupants by the city for a variety of tasks, reflected in the urban farmstead, permitted nucleated settlement itself to continue.

Restructuring Employment Rights

Abstract: CURRENT proposals to extend workers' positive legal rights, within a framework that encourages effective collective bargaining, tend to ignore a fundamental problem. This is whether statutory rights should continue to rest on the foundation of the common law contract of service. Among the central themes that run through the various proposals are the following. (1) The coverage of legislation should be extended to the increasing number of "marginal" workers, such as part-timers, temporary and casual workers, who at present make up an estimated one-third of the labour force and among whom it is difficult to extend union organisation. (2) Statutory rights should reflect and support collective bargaining arrangements and the freedom of workers to withdraw their labour. (3) Ways must be found to prevent courts and tribunals from undermining statutory rights by restrictive interpretations. (4) The inordinate complexity of labour legislation and the excessive legalism which has been introduced into the disputes settlement process must be reduced. This article argues that these objectives are likely to be frustrated if statutory rights are built on the traditional "corner-stone" of the common law contract of service, and suggests the outlines of an alternative structure on which to base positive rights. The article is not concerned with the content of those rights, which is a matter for political debate, but with the appropriate form of legislation which is compatible with the above four objectives.

Metropolis Extended: Secular Changes In Settlement Patterns

Abstract: (1986). Metropolis Extended: Secular Changes In Settlement Patterns. Journal of the American Planning Association: Vol. 52, No. 3, pp. 346-348.

The Water-Supply Systems of Nabataean and Roman Humayma

Abstract: The only Nabataean settlement of any consequence between Petra and Medaʾ in Ṣāliḥ, Ḥumayma (ancient Auara) became a major station on the Via Nova Traiana after the Roman annexation of Arabia and re...