Showing papers on "Settlement (litigation) published in 1988"

The Road to Botany Bay: An essay in spatial history

Abstract: An account of how Australia originated in the acts of settlement, possession and dispossession by explorers who travelled, named and wrote. The author advances a notion of imperialism with relevance to other regions of the world.

A Pakistani community in Britain

Abstract: 1 Introduction 2 From Pakistan to Britain 3 The early years of settlement 4 Households and family relationships 5 Caste, Biradari' and marriage 6 Taking and Giving 7 Community institutions and leadership 8 The second generation Appendix.

Suing Solely to Extract a Settlement Offer

Abstract: In many disputes, the expected value to the plaintiff from going to trial is negative, either because the chances of winning are small or because the litigation costs are large. While such a plaintiff would not go to trial, he might sue in the hope of extracting a settlement offer: the defendant might make such an offer if he is uncertain as to whether or not the expected value to the plaintiff of going to trial is negative. This paper seeks to identify the factors that determine: (i) whether a plaintiff who does not intend to go to trial will nonetheless succeed in extracting an offer; and (ii) how much will such a plaintiff succeed in extracting.

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.

Mediterranean survey and the city

Abstract: The Mediterranean, and especially Greece, provides fine conditions for field-survey – long and intense human occupation, good surface exposure, and distinctive, diagnostic ceramics. Where the Classical authors are conspicuously reticent about the countryside, field-survey can provide a rural picture, as well as the settlement patterns of prehistory. Here, the methods of field-survey return from the countryside to look at the cities, formerly the preserve of the excavator.

The Modern Grievance Procedure in the United States

Abstract: The Grievance Procedure in Practice and Research: Review and Assessment The Study Design Grievance Procedure Effectiveness: Aggregate Analysis Grievance Procedure Effectiveness: Disaggregate Analysis Post-Grievance Settlement Behavior and Outcomes Conclusions and Implications Appendix 1: Mail Questionnaires Appendix 2: Interview Schedules

Quakers and the American Family: British Settlement in the Delaware Valley

Abstract: Examining the transplantation of English Quakers to North America from the mid-seventeenth to mid-eighteenth centuries, Barry Levy looks particularly at the origins and fortunes of the domestic family.

Hard Bargaining: Out of Court Settlement in Personal Injury Actions

Abstract: The book looks at the process by which injury claims are settled without a trial in England. Settlement negotiations are conducted between solicitors acting for the injured person and claims negotiators employed by insurance companies. The bargains struck are not supervised by the courts (except in the case of injured children) and nor are they formally recorded. Out of court settlements are in the best interests of the administration of justice, but are they in the best interests of injured people? Are the bargains reached always fair? This is the issue addressed by this book. Drawing on interviews with solicitors, barristers, and insurance company claims negotiators, a feature of this study is that for the first time it brings together information from all of the parties involved in negotiation procedure. After discussing the inequalities between injured plaintiffs and insurance companies, the study reveals how the nature of the law, the structure of court procedures and their advantages as "repeat players" in litigation leads insurance companies to take the toughest possible line in settling injury claims. A book for solicitors, barristers, insurance companies, socio-legal academics (particularly in the USA), law centres, and advice centres.

The People's Clearance: Highland Emigration to British North America, 1770-1815@@@Land, Settlement, and Politics on Eighteenth-Century Prince Edward Island

Abstract: The dance called America, 1763-75 the changing Highlands, 1750-1800 Highland emigration to British North America, 1770-1800 the emigration mania resumed, 1801 recruiting and reaction, 1802 the Government intervenes, 1803 the Canadian Regiment, 1803-4 the Canadian Regiment, 1804-15.

The Middle-Saxon settlement at Staunch Meadow, Brandon

Abstract: Introduction This interim statement covers eight seasons’ work on the continuing excavation of the Middle-Saxon settlement. The essential features of the site are: it is a complete settlement with buildings, industrial area, church and attendant cemeteries all concentrated within a readily defined island; the occupation of the bulk of the site is restricted to the Middle-Saxon period this not only eases the problems of artefact dating, but also removes the complication of damage by subsequent occupation; the high quality and quantity of artefacts indicate a site of high social status with strong ecclesiastical ties. The settlement sits beside a 1 km wide arm of the Fenland which follows the valley of the Little Ouse river c. 6 km inland from Hockwold Fen; Brandon was probably the lowest crossing point of the river Ouse until recent times. The site occupies a sand ridge surrounded by peat, and stands as an island in time of flood [FIGURE 1). The river is some 50 m north of the ‘island’ while the southern margin of the peat deposits (i.e. the edge of the flood plain) is c. 80 m to the south. The island is c. 350 rn east-west by 150 m north-south at its widest point with an area of some 4.75 ha; of this c. 1.5 ha at the west end appears to have been unoccupied and a further c. 1.25 ha at the east end of the island has been scheduled as an Ancient Monument. There are two significant earthworks: a rectangular enclosure (c. 70 x 40 m ) and a raised causeway linking the island to the edge of the flood plain on the south (FIGURE 2) Prior to our work on the site, gravel-digging in the 19th century uncovered several hundred skeletons. Trial trenching in 1979 uncovered signs of a small medieval chapel within the enclosure which is taken to be the focus for these burials. We believe the enclosure earthwork is Medieval in its last phase, hut that the chapel and its graveyard represent a continued use of the focus of the Saxon settlement. Rescue excavation began in 1980 when planning permission was granted to level the sand ridge for use as a playingfield. By 1982 the areas for 2 football pitches had been excavated (c. 7500 sq. m) on a ‘rescue’ footing. From 1982 to 1987 afurther c. 4700 sq. m have been excavated [FIGURE 1).

Borg in Lofoten — An inter‐Scandinavian research project

Abstract: Several sites of the historic and prehistoric periods exist at the vicarage of Borg on Vestvag⊘y, North Norway. The settlement site Borg I, which is at present being investigated within the framework of a Scandinavian research project, is believed to be a Late Iron Age chieftain's residence.

A Community Transplanted: The Trans-Atlantic Experience of a Swedish Immigrant Settlement in the Upper Middle West, 1835-1915

Abstract: The book follows the people from the Swedish farming community of Rattvik to Isanti County, Minnesota and explores the link of people and places between Sweden and America.

Ripeness and the settlement of international disputes

Abstract: (1988). Ripeness and the settlement of international disputes. Survival: Vol. 30, No. 3, pp. 232-251.

States and the Undertaking to Arbitrate

Abstract: THE institution of arbitration, on one view, derives its force from the agreement of the parties; on another view, from the State as supervisor and enforcer of the legal process. The contractual obligation of both parties enables the settlement process to override national differences in law and procedural obstacles which exist in local courts. On the other hand, a State's jurisdiction over its territory and nationals provides an independent supervision of the settlement process and effective enforcement of decisions made according to law: usually this exercise of jurisdiction is direct through the State's own courts, but in arbitration it is carried out through the alternative process of reference to an arbitrator and recognition and execution of the arbitral award.1 These two bases, the autonomy of the parties and the judicial supervision of the State as sources of the authority of arbitration are given varying weight in national legal systems in relation to domestic arbitrations.2 The great expansion of international commercial arbitration

Nineteenth‐century scandal or twentieth‐century model? A new look at‘open’and‘close’parishes

Abstract: A although the terms 'open' and 'close' parishes litter various parliamentary reports of the period i840-70 and are common currency amongst rural social historians,2 there is no consensus about what they mean. This may not seem surprising once it is realized that the idea of 'open' and 'close' parishes was first introduced and developed as part of an emotive propaganda campaign to reform the settlement laws. What is surprising, however, is that some twentieth-century historians have attempted to use the idea as a model for understanding nineteenth-century rural society. This paper argues that the 'open' and 'close' parish issue as discussed in the parliamentary reports of the mid-nineteenth century should properly be regarded as a scandal exaggerated by advocates of settlement law reform; that historians have generally taken reports of the 'open' and 'close' parish problem at face value; that confusions and inconsistencies in the nineteenth-century literature persist in current historical accounts; and that attempts to make a nineteenthcentury scandal into a model of nineteenth-century society are misconceived. This paper will consider first what nineteenth-century writers may have meant by 'open' and 'close' parishes and how historians have used the terminology. Building upon analysis of nineteenth-century and modern accounts, various interpretations of the 'open' and 'close' parish issue will be suggested and later examined in the light of the contemporary and modern literature and evidence from a study of some social and demographic characteristics of west Norfolk parishes in the mid-nineteenth century. The following passage from Caird's English agriculture in i85o-Si is a

The Saudi approach to law reform

Abstract: In the past two decades Saudi Arabia has made considerable progress in the modernization of its legal system. Statutory law regulates today such fields of activity as trade and commerce, business and banking, labor and social security, customs and taxation, and the settlement of commercial disputes and arbitration-fields that until recently were the exclusive preserve of traditional Islamic law. In adopting these contemporary regulations, Saudi Arabia has been following, in its own particular way, the example of countries from Turkey to Japan, which embarked over a hundred years ago upon a process of legal modernization and reform. But whereas in the majority of these countries the wholesale adoption of European codes in the civil, commercial, penal and procedural fields signified an unambiguous break with the past, and, in the case of some Islamic countries, with the Sharia (Islamic law) as the source of law in favor of the legislative authority of the state, in Saudi Arabia the Sharia continues to exercise a restraining influence over the content and the validity of the new laws. Justified by the demands of changing economic conditions and expanding business relations, these statutory enactments have succeeded in supplementing a substantial segment of the traditional legal structure without, however, abrogating any of the rules of the Sharia. The result has been the emergence of a temporal legal subsystem, autonomous but not fully independent of the Sharia. The purpose of this paper is to outline the Saudi approach to the reform and modernization of the law that has so far sought to reconcile two competing priorities: on the one hand, to meet the needs of social and economic change and, one the other, to safeguard the values of Islamic society and its rules of morality embodied in the Sharia. Other states in the region, following the example of civil law countries, succeeded in reconciling these priorities through the instrumentality of the civil code, except in the area of personal status and domestic relations. Saudi Arabia is still groping for the best formula to modernize its legal system. Will it opt for a gradual con-

The Penguin atlas of North American history

Abstract: This is a reference to the major developments of North American history from pre-human settlement to the American Civil War and more recent changes. Maps and commentary look at such areas as the settlements made by the American indians, European discovery and colonization, the Revolution, the expansion of the frontier, the struggles of the Civil War and the acceptance into the Union of the new states and territories.

Reflections on the Role of Amenity in the Evolution of the Urban Field

Abstract: It is presently well accepted that most of the developed world is transforming into a post industrial society. And, in response, settlement structure is likewise adjusting to this new reality. The ...

A Kind of Settlement of Damages (Apologetic Tendencies)

Abstract: National Socialists did with the single exception of the technical procedure of gassing had already been described in the extensive literature of the 1920s.... Did not the National Socialists, did not Hitler perhaps commit an "Asiatic" deed only because they regarded themselves and those like them as potential or real victims of an "Asiatic" deed? (Ernst Nolte, Frankfurter Allgemeine Zeitung, June 6, 1986)

Scales of Settlement Study for Complex Societies: Analytical Issues from the Classic Maya Area

Abstract: Several lines of settlement evidence from a study of Late/Terminal Classic Period (A. C. 700–950) Maya settlement and politics in the Rosario Valley of SE Mexico are used to explore analytical issues associated with working at different settlement scales. One issue concerns the utility of idealized settlement-scale hierarchies and the way these can be used to guide the analysis of variability in actual mapped settlement distributions. Patterns of forced settlement centralization in the Rosario Valley are used to illustrate this point. A second issue concerns bridging arguments and the way that their levels of difficulty vary according to settlement scale. The overall emphasis is on developing a problem-oriented and scale-sensitive analytical flexibility that contributes to appreciating and accounting for the politically relevant variability in the settlement records of ancient complex societies.