Showing papers on "Settlement (litigation) published in 1995"
Posted Content•
TL;DR: When court trials (or arbitration) are the mechanism for resolving bargaining impasses, the costs and risks associated with third-party intervention should motivate people to negotiate and reach settlements as mentioned in this paper.
Abstract: When court trials (or arbitration) are the
mechanisms for resolving bargaining impasses,
the costs and risks associated with
third-party intervention should motivate
settlement (Henry Farber and Harry Katz,
1979) However, empirical evidence suggests
that impasses and inefficient settlements are
common in the legal system and in contract
negotiations For example, one study of asbestos
suits found that only 37 cents of every dollar
spent by both sides end up in the plaintiffs'
hands (James Kakalik et al, 1983)
587 citations
Book•
19 Oct 1995
TL;DR: Hutcheson as mentioned in this paper discusses the making of the theory of moral sentiment and criticizes its application in the history of philosophy and law, as well as its application to political life.
Abstract: 1. Kirkcaldy 2. Boyhood 3. Glasgow 4. The Never to be Forgotten Hutcheson 5. Oxford 6. A Respectable Auditory 7. Lectures on the History of Philosophy and Law 8. Called to Glasgow University 9. Teacher 10. Publishing Scholar and Administrator 11. The Making of the Theory of Moral Sentiments 12. Criticism of the Theory of Moral Sentiments 13. Travelling Tutor 14. Transition 15. Inquirer into the Wealth of Nations 16. The American Crisis and the Wealth of Nations 17. Euge! Belle! Dear Mr Smith 18. Dialogue with a Dying Man 19. Settlement in Edinburgh 20. Economic Theorist as Commissioner of Customs 21. Literary Pursuits 22. Times of Hardship and Distress 23. Legacy for Legislators 24. The Precariousness of this Life 25. The Great Change Bibliography
184 citations
TL;DR: In contrast to the American rule, whereby each party bears its own costs, the English rule requires losers at trial to pay the winner's legal fees, up to a reasonable limit.
Abstract: In contrast to the American rule, whereby each party bears its own costs, the English rule requires losers at trial to pay the winner's legal fees, up to a reasonable limit. We develop six hypotheses regarding how these two cost-allocation rules might affect settlements and litigated outcomes through changes in (i) the selection of cases reaching the settle-versus-litigate stage and (ii) behavior thereafter. Using data from Florida, which applied the English rule to medical malpractice claims during the period 1980-85, we examine the rules' effects on the probability of plaintiffs' winning at trial, jury awards, and out-of-court settlements. The English rule increased plaintiff success rates at trial, average jury awards, and out-of-court settlements. Our interpretation of these findings emphasizes that the overall quality of the claims reaching the settle-versus-litigate stage must improve to generate the combination of effects observed.
147 citations
Journal Article•
TL;DR: Estimates of the area occupied by old forests today are provided, and this paper compares these statistics with estimated forest areas prior to European settlement of Minnesota, Wisconsin, and Michigan, and describes case studies that highlight the differences between modem commercial forests and presettlement forests.
Abstract: Nahval Area Journal I5:l 57-1 67 ABSTRACT: This paper provides estimates of the area occupied by old forests today, compares these statistics with estimated forest areas prior to European settlement of Minnesota, Wisconsin, and Michigan, and describes case studies that highlight the differences between modem commercial forests and presettlement forests. Forest Inventory and Analysis (FIA) data from the U.S. Forest Service's North Central Forest Experiment Station, natural heritage program databases, and the scientific literature were usedas sources for current forests. Data on presenlement forests were obtained from analyses of maps based on nineteenth-century land surveys (Wisconsin and Minnesota) and an early twentieth-century soiVforest cover survey of Michigan. The Lake States currently have 19.8 million ha of forest, compared with approximately 32.7 million ha in presettlement times. About 5 .243% of Lake States forest is old-growth or old-seral forest today, compared with an estimated 68% prior to settlement. Approximately 369,000 ha of unlogged, or primary, forest remain (1.1% as much as in presettlrmmt times), 40% of which is in the Boundary Waters Canoe Area Wilderness (BWCAW) and 500/0 in swamp conifer forests.The areas ofunloggedred-white pine, rivehottom, northern hardwood, and oak-hickory forests remaining are extremely small-ranging from 0.02% to 0.6% of that in presettlement times. The largest area of secondary old growth is in oak-hickory and northern hardwood forest types, but this is highly fragmented. Michigan's Porcupine Mountains Wilderness State Park and S ylvania Wtldemess Area are the only presatlementlike upland forest landscapes in the Lake States.The largest single block of unlogged forest in the Lake States is Mi~lnesotaf BWCAW. However, the BWCAW'S spatial pattern, age structure, and species composition have been significantly altered from presatlemmt conditions because of lower fire frequency since 19 10.
143 citations
Book•
01 Jan 1995
TL;DR: In this paper, the role of the material as behaviour in the development of urban communities is discussed, and a hierarchy of social explanation is proposed to locate the material component of human behaviour.
Abstract: List of figures List of tables Acknowledgements Introduction Summary Part I. Theoretical Context: The Role of the Material as Behaviour: 1. Archaeology, settlement growth and the material component of human behaviour 2. The material as behaviour 3. A hierarchy of social explanation: locating the material Part II. The Limits of Settlement Growth: Behavioural Stress and the Material Management of Community Life: 4. The behavioural parameters of interaction and communication 5. Settlement growth trajectories 6. Settlement growth transitions and the role of the material Part III. Implications: Transformations and Constraints of Community Life: 7. The development of sedentism 8. The development of agrarian and industrial urbanism 9. Future urban growth Technical notes References Index.
129 citations
Posted Content•
TL;DR: In this article, a number of the analytic options for modelling conflict are reviewed, and two illustrative models are presented, the first involving actual fighting and the other armed peace, respectively.
Abstract: The category of conflict encompasses not only war but also crime, litigation, strikes and lockouts, and redistributive politics. Exchange theory and conflict theory constitute two coequal branches of economic analysis, the first based upon contract and mutual gain, the second upon contest for asymmetric advantage. A number of the analytic options for modelling conflict are reviewed. Preferences, opportunities, and perceptions are shown to determine the choice between conflict and settlement. The technology of conflict as an economic activity is surveyed. Two illustrative models are presented, the first involving actual fighting and the other armed peace.
124 citations
Book•
01 Jan 1995
TL;DR: For instance, Cashman as mentioned in this paper traces the sporting culture in Australia from European settlement to the present day, and presents a survey of the sport culture in the country from the start of the 20th century.
Abstract: Richard Cashman traces the sporting culture in Australia from European settlement to the present day.
119 citations
Book•
02 Feb 1995
118 citations
TL;DR: Study of settlement and growth of lndividual age 0+ Atlantic cod found fish that settled largest/earliest grew more quickly and held larger terntones than smaller/later settlers.
Abstract: Research on the decl in~ng stocks of North Atlantlc cod Gadus rnorhua has focused on the survival of planktonic larvae as a predictor of recruitment to the fishery Very little is known of the ecology of benthic young-of-year cod, although i t has been suggested that abundance of demersal O+ fish may be a better indicator of year-class strength than larval abundance We studied settlement and growth of lndividual age 0+ Atlant~c od i n situ using visual census and visual length estlmatlon hcivly settled cod were slteattached and defended terntones around a shelter site Terntory slze increased exponentlally with fish length Growth and terntory size were also determ~ned by size at settlement and by prionty, fish that settled largest/earliest grew more quickly and held larger terntones than smaller/later settlers Population dynamics of Atlantic cod may therefoie be regulated In the eally juvenile stage by post-settlement competit ~ o n S ~ z e at settlement, in addition to the tlming of settlement may determine the competitive success of an lndividual
109 citations
Book•
18 May 1995
TL;DR: In this article, an account and analysis of the United Nations peacekeeping operation mounted in Cambodia between 1991 and 1993 in fulfilment of the 1991 Paris Peace Settlement is presented, revealing the successes and failures of UNTAC and drawing lessons for future UN peacekeeping operations.
Abstract: This is an account and analysis of the United Nations peacekeeping operation mounted in Cambodia betwween 1991 and 1993 in fulfilment of the 1991 Paris Peace Settlement. Although its mission was jeopardized by non-cooperation of the Khymer Rouge, the UN Transitional Authority in Cambodia (UNTAC) successfully guided Cambodia back to democratic, constitutional government and relative peace. This study reveals the successes and failures of UNTAC and draws lessons for future UN peacekeeping operations.
TL;DR: The Norse settlement of Iceland established a viable colony on one of the world's last major uninhabited land masses as discussed by the authors, and the vast corpus of indigenous Icelandic traditions about the country's settlement makes it tempting to view this as a case study of island colonization by a pre-state society.
Abstract: The Norse settlement of Iceland established a viable colony on one of the world's last major uninhabited land masses. The vast corpus of indigenous Icelandic traditions about the country's settlement makes it tempting to view this as one of the best case studies of island colonization by a pre‐state society. Archaeological research in some ways supports, but in other ways refutes the historical model. Comparison of archaeological data and historical sources provides insights into the process of island colonization and the role of the settlement process in the formation of a culture's identity and ideology.
Book•
01 Jan 1995TL;DR: The later Merovingian period Bibliography Index as mentioned in this paper provides a detailed analysis of the documentary evidence of the early Merovingians in Metz, including the cemeteries outside the civitas of Metz.
Abstract: 1. Introduction Part I. Social Organization: 2. Social organization: descriptive analysis of the documentary evidence 3. Creating a model: cemeteries of the Merovingian civitas of Metz 4. Testing the model: cemeteries outside the civitas of Metz Part II. Settlement: 5. Rural settlement 6. Intermediate settlement: Castra, vici, palaces and monasteries 7. Urbanism in Metz Part III. Conclusions: 8. Town and country, c. 450-c. 600 9. The later Merovingian period Bibliography Index.
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.
01 Jan 1995
TL;DR: A large-scale, intensive surface survey at Terminal Classic Sayil in the Yucatan, Mexico, has emphasized the dynamic properties of past Maya settlement systems as discussed by the authors, where great architectural variation and large settlement areas without architecture are common.
Abstract: Interpreting the tangible remains of prehistoric settlements is a major goal of settlement archaeology. While most studies of large, complex archaeological sites have employed morphological/stylistic attributes of architecture and data from architecturally targeted excavation to interpret ancient communities, they often cannot account for two major conditions: the formal aspects of architecture do not always reflect the variable ways buildings were used, or the fact that important activities also occurred away from architecture in so-called vacant areas. At prehispanic Maya centers, where great architectural variation and large settlement areas without architecture are common, the sampling of all settlement settings is essential for interpretation centering on fundamental aspects of community organization. In this manner, large-scale, intensive surface survey at Terminal Classic Sayil in the Yucatan, Mexico, has emphasized the dynamic properties of past Maya settlement systems. In addition to asse...
Book•
01 Jan 1995
TL;DR: In this article, the authors developed a model of litigation and settlement in which the efforts the parties invest in the case (1) partly determine the strength of the plaintiff's claim and (2) are partly shielded from disclosure.
Abstract: Given the costs of litigation and the availability of pretrial discovery, the question arises why some cases fail to settle at any time in the pretrial period. To examine this problem, the article develops a model of litigation and settlement in which the efforts the parties invest in the case (1) partly determine the strength of the plaintiff's claim and (2) are partly shielded from disclosure. The parties pursue mixed strategies in equilibrium, preventing settlement in a positive fraction of cases.
Book•
01 Jan 1995
TL;DR: The Norman settlement the English revolt the fall of the earls survivors the service of the king holy men and worldly goods remembering the past living in the present as mentioned in this paper The fall of earls
Abstract: The Norman settlement the English revolt the fall of the earls survivors the service of the king holy men and worldly goods remembering the past living in the present.
TL;DR: The role of women in movements that are not overtly gender-based has not received considerable scholarly attention as discussed by the authors, although women's movements have received considerable attention, the role of men in these movements has not.
Abstract: Although women's movements have received considerable scholarly attention, the role of women in movements that are not overtly gender based has not. Gender, however, plays a significant role in generic movements (i.e., movements seeking general benefits that are not necessarily restricted to one sex). Over a 20-year period, an urban squatter settlement in Brazil experienced five collective campaigns, not one of which was gender conscious, but all of which were shaped by gender. In these collective campaigns, everything from participation to strategies to outcomes was grounded in the gender-based division of labor in the community.
TL;DR: The evidence reviewed in this paper shows a late settlement for nearly all of the islands, and a perplexing lack of pattern for the settlement of these islands in the early 1800s.
Abstract: The settlement of mainland Australia at an early (and uncertainly known) date required a water-crossing. What about the settlement of the islands — neither numerous nor large compared with the island continent itself — that are offshore from Australia? The evidence reviewed shows a late settlement for nearly all of them, and a perplexing lack of pattern.
Book•
01 Jan 1995
TL;DR: Longobard origins and origins of longobards in Pannonia and Italy are discussed in this paper, along with the longobard heritage in Benevento and beyond.
Abstract: 1. Longobard Origins. 2. Longobards in Pannonia. 3. The Longobards and Italy. 4. Economy and Society. 5. Settlement and Defence in Longobard Italy. 6. Religion, Architecture and Art. 7. Benevento and beyond: Longobard Heritage?
Book•
17 Feb 1995
TL;DR: In this article, the International Court of Justice has been used to test the legitimacy of the acts of international political organs, whether arising between states or emerging from international organizations, and the limits of political control by the General Assembly have been discussed.
Abstract: Preface. I. Introductory Remarks. II. The San Francisco Legacy and its Management Hitherto. III. Recent Development Regarding the Question of Legality-Control within the United Nations. IV. Possible Contribution of the International Court of Justice to Testing the Legality of the Acts of International Political Organs. V. Myths and Realities of the Judicial Settlement of International Differences, whether Arising between States or Emanating from International Organizations. VI. The Limits of Another Form of Supervision: Political Control by the General Assembly. VII. Conclusion. Bibliography. Documents: I. Documents of the United Nations and the International Court of Justice. II. Documents of Learned Bodies. III. Scholarly Works. IV. Symposia. Index.
TL;DR: The authors examined the impact of minimum goals and aspiration values on feelings of success and found that negotiators with low minimum goals felt more successful than did those with higher minimum goals, even though their final settlements were identical.
Abstract: Experiment 1 examined the impact of minimum goals and aspiration values on feelings of success. Negotiators with low minimum goals felt more successful than did those with higher minimum goals, even though their final settlements were identical. Furthermore, negotiators with low aspirations felt more successful than did negotiators with higher aspirations, even though the final settlement was identical. Experiment 2 examined the relative impact of minimum goals and aspirations and found that aspirations influenced negotiators' perceptions of success more than did minimum goals. Experiment 3 examined how goals affected the demands negotiators made to their opponents. Negotiators with low minimum goals and high aspirations demanded more from their opponents than did negotiators with high minimum goals and low aspirations. In general, aspirations, as compared to minimum goals, exerted a more powerful influence on the demands people made to others in negotiations and how successful they felt about negotiated outcomes.
01 Jan 1995
01 Jan 1995
Book•
28 Jul 1995TL;DR: A note on transliteration Abbreviations Introduction Part I. The Eleventh century: 1. Conflict Part II. Church and politics under Manuel I Comnenus 4. The failure of the Comnenian church settlement as mentioned in this paper.
Abstract: A note on transliteration Abbreviations Introduction Part I. The Eleventh Century: 1. Conflict Part II. Emperors and PATRIARCHS: 2. Alexius Comnenus and the church 3. Church and politics under Manuel I Comnenus 4. The failure of the Comnenian church settlement PART III. THE BISHOP AND LOCAL SOCIETY: 5. The framework 6. Theophylact of Ohrid 7. Michael Italikos and George Tornikes 8. Eustathasius of Thessalonika 9. Michael Choniates 10. John Apokaukos 11. George Bardanes 12. Demetrius Chomatianos PART IV. MONASTERIES AND SOCIETY: 13. Alexius I Comnenus and monasticism 14. Manuel I Comnenus and the monasteries 15. The role of the monasteries under the Comneni 16. The monastic estate and society 17. Lay patronage and the monasteries 18. The condition of the monasteries under the Comneni PART V. RELIGION AND SOCIETY: 19. Lay piety: framework and assumptions 20. Law and marriage 21. Byzantine woman 22. Lay piety at Byzantium: beliefs and customs 23. The Bogomils PART VI. EXILE 1204-61: 24. Byzantium and the Latins 25. Imperial authority and the orthodox church Bibliography.
TL;DR: A system of satellite camps was developed to enable the Yuqui to exploit game animals sustainably and to defend their land from encroachment in 1992 when 115,000 ha of land were designated Yuquí Indigenous Territory as discussed by the authors.
Abstract: When the Yuqui Indians of Bolivia adopted a settled life-style in the 1960s, wild animals continued to be their main source of meat As a result, game species declined in numbers around their settlement and their problems were exacerbated by colonists seeking new lands to farm Prospects brightened in 1992 when 115,000 ha of land were designated Yuqui Indigenous Territory This paper describes how a system of satellite camps was developed to enable the Yuqui to exploit game animals sustainably and to defend their land from encroachment
TL;DR: In this article, the authors model the settlement and litigation process, allowing for incomplete information about the level of damages on the part of both the defendant and the court, and use the model to examine the effect of making (currently inadmissible) settlement demands admissible as evidence in court should a case proceed to trial.
Abstract: We model the settlement and litigation process, allowing for incomplete information about the level of damages on the part of both the defendant and the court, and use the model to examine the effect of making (currently inadmissible) settlement demands admissible as evidence in court should a case proceed to trial. Two conclusion emerge. First, admissibility rules have efficiency consequences: making a pretrial demand admissible would increase the expected number of cases that go to trial. Second, such rules have distributional consequences and need not benefit all parties to a controversy.