Showing papers on "Settlement (litigation) published in 1994"
TL;DR: The authors argued that democratic states are better equipped than others with the means for diffusing conflict situations at an early stage before they have an opportunity to escalate to military violence, based on universal democratic norms for reconciling competing values and interests.
Abstract: The research reported here develops an explanation for the often-noted absence of international war between democratic states. This explanation is derived from a theoretical rationale centered on universal democratic norms for reconciling competing values and interests. I argue that democratic states locked in disputes are better equipped than others with the means for diffusing conflict situations at an early stage before they have an opportunity to escalate to military violence. Not only is this explanatory logic consistent with the published findings on democracy and war, but it also entails the novel empirical proposition that disputes between democracies are more amenable than are other disputes to peaceful settlements, the hypothesis I examine here. Analyses of contemporary interstate disputes reveal that even when potentially confounding factors are controlled, democratic opponents are significantly more likely to reach peaceful settlements than other types of disputants.
629 citations
01 Jan 1994
349 citations
Book•
01 Jan 1994
TL;DR: The economy of Roman Palestine as discussed by the authors describes the agricultural and agrarian structure of the province, the pattern of settlement, trade, and other aspects, depicting an economy based to a great extent on an open market.
Abstract: The Economy of Roman Palestine presents a description of the economy of the province of Judea-Palestina in the Roman era (AD70 to AD400) on the basis of a broad selection of primary rabbinic sources and a considerable volume of archaeological findings. The period studied is characterised by demographic growth and corresponding economic development. The work describes the agricultural and agrarian structure of the province, the pattern of settlement, trade, and other aspects, depicting an economy based to a great extent on an open market.
182 citations
Book•
30 Dec 1994
TL;DR: In this article, the authors discuss the social process of becoming legal and life after legalization in the city of Houston, Texas, United States, and the community of origin and the transfer of cultural resources.
Abstract: Tables Preface and Acknowledgments Part I: Building a Community Structure in Houston 1. Introduction 2. Community of Origin and the Transfer of Cultural Resources 3. The Settlement Process Part II: The Journey through Legalization 4. The Social Process of Becoming Legal 5. Life after Legalization 6. Conclusion Notes Bibliography Index
171 citations
TL;DR: In this article, the authors proposed a fee-shifting rule that generates the highest probability of settlement based on the allocation of costs upon the proximity of the court's award to the pretrial announcements.
Abstract: Legal rules for allocating the private costs of civil litigation, or "fee-shifting" rules, provide powerful incentives for settlement. Within the context of a direct-revelation mechanism, the fee-shifting rule that generates the highest probability of settlement bases the allocation of costs upon the proximity of the court's award to the pretrial announcements. This mechanism resembles Rule 68 of the Federal Rules of Civil Procedure and other offer-based rules. In a simple extensive-form game, if the litigants have asymmetric information about the level of damages (probability of prevailing), then Rule 68 increases (decreases) the settlement rate.
125 citations
TL;DR: In this article, a framework and empirical test of the importance of negotiators' aspiration levels and settlement expectancies on negotiated outcomes is presented, and it is shown that, in the presence of a stable bargaining zone, negotiators' aspirations significantly affect negotiated outcomes.
124 citations
TL;DR: In this article, the authors analyze a settlement and litigation game in which both parties possess private information relevant to the value of a claim, and the plaintiff knows the level of damages, while the defendant knows the probability he will be held liable for those damages.
92 citations
Book•
01 Jan 1994
TL;DR: In this article, the entry of Aboriginal workers into the cattle industry and the 1919 Employment Regulation are discussed. But the focus is on the employment of Aboriginal women and not on the management of the land.
Abstract: Introduction 1. Aboriginal land use at the time of contact 2. The arrival of white people 3. The entry of Aboriginal workers into the cattle industry 4. 1897 and its aftermath 5. Opponents of the Act 6. Continuity and change 7. The 1919 Employment Regulation 8. Increasing government involvement 9. Missions 10. World War II and beyond 11. Equal pay 12. Contemporary land management Conclusion Bibliography.
85 citations
TL;DR: Trubek et al. as mentioned in this paper found that approximately 8% of civil suits filed in state and federal courts went to trial, and another 22.5% of those cases were disposed of by judges, most through dismissal, summary judgment, or default judgment.
Abstract: ** Research Fellow, SCCN. B.A. 1989, Stanford; Ed.M. 1991, Harvard; J.D. 1994, Stanford. Ed. Research support for this project was provided by a generous grant from the SCCN. The authors thank Robert Mnookin, Janet Cooper Alexander, Ian Ayres, and Tom Lyon for their advice and comments on earlier drafts, the participants in the Harvard Law School Negotiation and Conflict Resolution Interdisciplinary Research Seminar for their comprehensive and incisive written and oral critiques, and especially Lee Ross for his consultation on social science laboratory research methodology. 1. One seminal empirical study, now over 20 years old, found that only 4.2% of automobile liability claims filed against insurance companies ultimately reach trial. See H. LAURENCE Ross, SETTLED OUT OF COURT: THE SOCIAL PROCESS OF INSURANCE CLAIMS ADJUSTMENTS 217 (1970). A more recent study found that approximately 8% of civil suits filed in state and federal courts went to trial, and another 22.5% of those cases were disposed of by judges, most through dismissal, summary judgment, or default judgment. See David M. Trubek et al., The Costs of Ordinary Litigation, 31 UCLA L. REV. 72, 89 (1983). More than 50% of the claims settled out of court prior to adjudication. Id. Criminal suits also settle in overwhelming numbers through plea bargaining. See JAMES E. BOND, PLEA BARGAINING AND GUILTY PLEAS ? 1.2 (2d ed. 1983). 2. Litigants incur both psychic and financial costs. According to Marc Galanter, who cites a number of empirical studies to support his argument, trials impose substantial emotional costs on both plaintiffs and defendants. See Marc Galanter, The Day After the Litigation Explosion, 46 MD. L. REV. 3, 8-11 (1986). "For plaintiffs and defendants alike, litigation proves a miserable, disruptive, painful experience. Few litigants have a good time or bask in the esteem of their fellows indeed, they may be stigmatized. Even those who prevail may find the process very costly." Id. at 9 (citations omitted). Plaintiffs and defendants also incur financial costs at trial. Trubek et al., supra note 1, at 90-93. Costs fall into two categories: out-of-pocket costs including legal fees, expert witness fees, and so on and the "monetary value of the time clients spend on cases." Id. at 91. Generally speaking, the more legal actions that take place, the higher the costs incurred that is, increased legal fees, client time away from work, and trial fees, such as expert witness fees, stenographic costs, and travel expenses. Id. at 104 (finding that "duration does not have a substantial effect on hours.... [T]he more motions filed and discovery conducted, the more hours spent."); see also RAND: THE INSTITUTE FOR CIVIL JUSTICE, COMPENSATION FOR ACCIDENTAL INJURIES IN THE U.S. 135-36 (1991) (finding that about one-fifth of personal injury plaintiffs "were told that the fee would depend on the length of time required to resolve the claim, the ultimate amount received, or whether or not a trial was required"). 3. J.S. Kakalik and R.L. Ross examined public spending on civil disputes during fiscal
81 citations
TL;DR: In this article, the authors considered the effect of the intervention of the Security Council in the settlement of counter-measures and the International Court of Justice (ICJ) on the system for allocating responsibility.
Abstract: The essential aim of the Special Rapporteur's Draft Articles for Part HI on the settlement of disputes arising in connection with counter-measures is to ensure that clear restrictions on the taking of counter-measures are agreed and met. This is to be achieved by affording to the States involved in the counter-measures the right to submit any resulting dispute to conciliation or, failing settlement by conciliation, to arbitration, or, failing settlement by arbitration, to the International Court of Justice. The question to be considered in this paper is how the intervention of the Security Council will affect this system for allocating responsibility. For, in principle, the Security Council could either authorize counter-measures or prohibit counter-measures. In either case the question will arise whether such a decision by the Council will be regarded as conclusive of the legality, or illegality, of the measures taken. There is an apparent illogicality in making the right of a State to take counter-measures subject to carefully-formulated conditions, but leaving the Security Council free to authorize institutionalized counter-measures, subject to no such conditions. It is this illogicality which has seemingly worried the Special Rapporteur. The question had, of course, been anticipated in Riphagen's earlier drafts, although not limited to situations of counter-measures and peaceful settlement. Article 4 of Part Two provides as follows:
Book•
01 Jan 1994TL;DR: The authors examined the events surrounding the establishment of a settlement in West Africa in 1787, which was later to become Freetown, the present-day capital of Sierra Leone, and suggested that the final, albeit limited, success of the settlement helped to mould British policy towards Black Africa during the first half of the nineteenth century.
Abstract: This book examines the events surrounding the establishment of a settlement in West Africa in 1787, which was later to become Freetown, the present-day capital of Sierra Leone. It outlines the range of ideas and attitudes to Africa which underlay the foundation of the settlement, and the part played by the settlers themselves, London's 'Black Poor'. The relevance of the expedition to contemporary race relations in Britain is considered. Once in West Africa, the settlers faced a struggle to survive against often harsh conditions, a struggle which included conflict with slave traders and local Africans. It is suggested that the final,albeit limited, success of the settlement helped to mould British policy towards Black Africa during the first half of the nineteenth century.
TL;DR: The earliest identified settlement is in the Marianas, dated to about 3500 B.P., while the other islands in the region appear to be settled from about 2000B.P. onward as discussed by the authors.
Abstract: The earliest identified settlement is in the Marianas, dated to about 3500 B.P., while the other islands in the region appear to be settled from about 2000 B.P. onward. The archaeological remains reveal diverse approaches to island living. While Nan Madol and Leluh in the eastern Carolines are major architectural achievements, a discussion of these sites does not detract, for example, from the terrace systems of Palau or the lattestone groups of the southern Marianas. Of equal interest is the settlement of atolls and their recently recognized potential for preservation of stratified deposits. As information allows, each island or group is considered on an individual basis in order to allow for each specific island context to be assessed. This is described within the broader themes of architecture, chronology, environment, material culture, settlement pattern, social organization, and subsistence. In conclusion, the current standing of prehistory in the region is outlined in relation to early settlement, environment, social organization, chronology, settlement pattern studies, portable material culture, subsistence, and atolls. Finally, suggestions for the future are made.
Book•
01 Jan 1994
TL;DR: The GATT Dispute Settlement System 1948-1995: An Overview as discussed by the authors is a model for protecting freedom, non-discrimination, and rule of law across frontiers across borders.
Abstract: Preface. I. Introduction: International Law, International Organizations and Dispute Settlement - The WTO Agreement as a Model for Protecting Freedom, Non-Discrimination and Rule of Law Across Frontiers? II. The GATT Dispute Settlement System 1948-1995: An Overview. III. Clarification and Development of GATT/WTO Law Through Violation Complaints: The Example of Trade-Related Environmental Measures. IV. Non-Violation Complaints and Situation Complaints in GATT/WTO Law: What is Their Legitimate Function? V. The New Dispute Settlement System of the 1994 WTO Agreement: An Overview. VI. The Future of the GATT/WTO Dispute Settlement System: First Experiences and Remaining Problems. Tables. Annexes: A. Table of Panel Reports Issued Under Article XXIII of the GATT 1947. B. Table of Panel Reports Issued Under the Tokyo Round Agreements of 1979. C. Table of Disputes Initiated Under the Dispute Settlement Understanding of the 1994 Agreement Establishing the World Trade Organization in 1995. D. Text of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). E. The WTO Appellate Body Working Procedures for Appellate Review. Index.
TL;DR: More on whether evidence of prehistoric environment on the Pacific island of Mangaia does or does not demonstrate an early human presence there can be found in this paper, however, the evidence is limited.
Abstract: More on whether evidence of prehistoric environment on the Pacific island of Mangaia does or does not demonstrate an early human presence there.
TL;DR: In this paper, the authors consider the problem of multidefendant settlements under joint and several liability when the defendants have insufficient solvency to satisfy the plaintiff's claim. But they do not consider the effect of insolvency on the choice between settlement and litigation.
Abstract: THIS article studies the problem of multidefendant settlements under joint and several liability when the defendants have insufficient solvency to satisfy the plaintiff's claim. Potentially insolvent defendants are common in important areas of law such as toxic torts and Superfund, but the law and economics literature has not paid attention to this problem.' The article considers four separate questions in the context of a model in which the plaintiff litigates against one defendant with full solvency and one with limited solvency: (1) the effects of insolvency on the choice between settlement and litigation under joint and several liability, (2) the comparison of the effects of insolvency under joint and several and non-
TL;DR: In this paper, the authors examined the experience of a single large hospital with an informal pre-litigation "complaint" process that resolves some cases outside of the legal system, and concluded that the complaint process is a cost-effective "front-end" for the litigation process that provides information to patients regarding the quality of their medical care and the likelihood of negligence.
Abstract: In this study we examine the experience of a single large hospital with an informal pre-litigation "complaint" process that resolves some cases outside of the legal system. The empirical results are generally consistent with an information structure where patients are poorly informed about the quality of medical care and the hospital does not know whether particular patients are litigious or not. The complaint process seems to resolve many complaints in a less costly manner than filing lawsuits. Almost half of all complaints are resolved before a lawsuit is filed. The large majority of these are dropped, and they are cases that would likely have been dropped even if they had been initiated as lawsuits. Very few cases are settled with a cash payment to patients before a lawsuit is filed, suggesting that patients must file lawsuits in order to convince the hospital that they are litigious enough to justify a settlement. Cases initiated through the complaint process are not resolved (dropped, settled, tried to a verdict) significantly differently from cases initiated as lawsuits, controlling for observable case characteristics. When settlements of lawsuits occur, the amounts paid do not vary depending on how the case originated, but settlements of complaints are much higher for cases settled after a lawsuit is filed, We conclude that the complaint process is a cost-effective "front-end" for the litigation process that provides information to patients regarding the quality of their medical care and, hence, the likelihood of negligence.
TL;DR: In this paper, the main characteristic of the ultimatum game is embedded in an infinite horizon fixed-cost bargaining game where a quit move is a legitimate response, and it is shown that the threat of quitting which in theory is empty, has nonetheless a significant attenuating effect on the demands of strong players.
Abstract: It has been suggested that modest demands by first movers in ultimatum games are motivated by fairness. Here we present a bargaining framework in which the main characteristic of the ultimatum game is embedded in an infinite horizon fixed-cost bargaining game where a quit move is a legitimate response. We show that the threat of quitting which in theory is empty, has nonetheless a significant attenuating effect on the demands of strong players. The fairness argument is therefore invalid since no moderation of demands is seen when the quit move is forbidden.
TL;DR: In this article, the authors advocate an overall approach proceeding from the assumption that a State choosing to take counter-measures will normally do so in good faith, because it actually seeks redress for an injury which it has suffered or is still suffering.
Abstract: Unilateral counter-measures resorted to by States injured through breaches of international law are, without doubt, extremely difficult and perhaps even dangerous to codify.1 As means of self-help based in principle on the auto-determination of the victim, they will always be prone to abuse on the part of the strong against the weak. On the other hand it simply cannot be denied that counter-measures are a fact of life, indeed a necessity, in an international system still essentially devoid of compulsory third-party settlement of disputes and central law enforcement It is thus to be welcomed that the ILC has decided to include the topic of counter-measures in Part Two of its codification project on State responsibility. But now that it has done so, the Commission ought to devise a legal regime actually permitting effective application of counter-measu res, and not frustrating their use. This is far from denying the necessity of adequate substantive as well as procedural safeguards. Rather, what is advocated here is an overall approach proceeding from the assumption that a State choosing to take counter-measures will normally do so in good faith, because it actually seeks redress for an injury which it has suffered or is still suffering. Viewed from this angle, Draft Article 12 as proposed by Special Rapporteur Arangio-Ruiz in 1992, togedier with the system for 'post-counter-measures' dispute settlement put before the Commission in 1993, calls for some critical comments. The totality of the procedural hurdles to be overcome by an injured State during both the pre-counter-measure and post-counter-measure stage, to use the Special Rapporteur's jargon, would not only have a sobering but a choking effect Starting with the conditions set forth in Draft Article 12(l)(a), they have quite rightly been labelled as both too vague and too strict We have to keep in mind that
TL;DR: In this paper, a modele de changement social for le Pleistocene final du sud ouest de la Tasmanie a travers la technologie lithique et l'implantation des sites, en particulier l'utilisation croissante de grattoirs de quartz and de chert semble.
Abstract: Presentation d'un modele de changement social pour le Pleistocene final du sud ouest de la Tasmanie a travers la technologie lithique et l'implantation des sites, en particulier l'utilisation croissante de grattoirs de quartz et de chert semble etre la reponse a un plus grande mobilite
01 Jan 1994
TL;DR: The Upper Huallaga Valley (UHV) was accessible only by long boat journeys and jungle paths until 1937, when a one-lane highway reached the upper reaches of the UHV at what as to become the settlement of Tingo Maria as mentioned in this paper.
Abstract: Until 1937 the Upper Huallaga Valley (UHV), spreading along the banks of the Huallaga River in the departments of Huanuco and San Martin, was accessible only by long boat journeys and jungle paths. Only in 1937 did a one-lane highway reach the upper reaches of the Huallaga River, at what as to become the settlement of Tingo Maria. The settlers brought their traditions with them. Among them was the chaccheo, or coca leaf chewing, which farm workers in particular found useful to reduce sensations of thirst, hunger, and fatigue.
Posted Content•
TL;DR: In this paper, three clearing methods are discussed: direct, ringing, and complete clearing, and the incidence and operation of each is described, as well as a discussion of the evolution of controls over contract nonperformance risk.
Abstract: Defining futures contracts as substitutes for associated cash transactions enables a discussion of the evolution of controls over contract nonperformance risk. These controls are incorporated into exchange methods for clearing contracts. Three clearing methods are discussed: direct, ringing and complete. The incidence and operation of each is described. Direct clearing systems feature bilateral contracts with terms specified by the counterparties to the contract. Exchanges relying on direct clearing systems chiefly serve as mediators in trade disputes. Ringing is shown to facilitate contract offset by increasing the number of potential counterparties. Ringing settlements reduce counterparty credit risk by reducing the accumulation of dependencies as contracts are offset. Ringing settlements also lower the cost of maintaining open contract positions, chiefly by lowering the amount of required margin deposits. Exchanges employing ringing methods generally adopted a clearinghouse to handle payments. Complete clearing interposes the clearinghouse as counterparty to every contract. This measure ensures that contracts are fungible with respect to both the underlying commodity and counterparty risk. Development of the Chicago Board of Trade Clearing Corporation is discussed. Two principal objections to adoption of complete clearing at the CBOT were anti-gambling provisions and privacy concerns. The Christie case overcame the gambling concern. The Grain Futures Administration mitigated privacy concerns by giving the exchange members a choice between reporting their trades to the Department of Agriculture or to an exchange-controlled clearinghouse. Once these objections were overcome, CBOT members adopted a complete clearing system. Origins of the Modem Exchange Clearinghouse: A History of Early Clearing and Settlem ent M ethods at Futures E xchanges Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis
01 Jan 1994
TL;DR: The authors provides a brief overview of the extent and the consequences of several different kinds of resettlement, and argues that land reform in a post-apartheid South Africa will require further resettlement and considers a number of possible settlement patterns, and some of the problems likely to arise.
Abstract: Since 1913, at least seven million South Africans, mainly Africans, have been uprooted or actively resettled for predominantly political purposes. This article provides a brief overview of the extent and the consequences of several different kinds of resettlement. It then argues that land reform in a post‐apartheid South Africa will require further resettlement, and considers a number of possible settlement patterns, as well as some of the problems likely to arise.