Showing papers on "Settlement (litigation) published in 1996"

Making Peoples: A History of the New Zealanders from Polynesian Settlement to the End of the Nineteenth Century

Abstract: Making Maori: the prehistory of New Zealand hunters and gardeners the rise of the tribes life before history. Contact and empire: the European discovery of New Zealand the Maori discovery of Europe fatal impact? empire? converting conversion conquest? swamps, sticks and carrots. Making Pakeha: the Pakeha prospectus getting in taken in? getting on lumped, split and bound.

How Civil Wars End A Rational Choice Approach

Abstract: What conditions determine whether a civil war ends in a negotiated settlement or a military victory? The authors address this question by developing an expected utility model of the choice between ...

Ecology in the Long View: Settlement Histories, Agrosystemic Strategies, and Ecological Performance

Abstract: The recent Columbian polemic contrasted beneficial New World land use before 1492 with destructive Old World land management. Since archaeologists are uniquely equipped to document and model long-t...

Powers and Prospects: Reflections on Human Nature and the Social Order

Abstract: Language and thought language and nature writers and intellectual responsibility goals and visions democracy and markets in the new world order the Middle East settlement the great powers and human rights East Timor and world order.

Bioarchaeological and Climatological Evidence for the Fate of Norse Farmers in Medieval Greenland

Abstract: Greenland, far north land of the Atlantic, has often been beyond the limit of European farming settlement. One of its Norse settlements, colonized just before AD 1000, is — astonishingly — not even at the southern tip, but a way up the west coast, the ‘Western Settlement’. Environmental studies show why its occupation came to an end within five centuries, leaving Greenland once more a place of Arctic-adapted hunters.

Constancy and Change in Attachments to Types of Settlements

Abstract: A consideration of both constancy and change in place attachments, focusing particularly on attachments to a type of settlement as a means by which the U.S. public may maintain the continuity of psychological bonds with places across changes of residence. Empirical evidence suggests that people form psychological bonds with types of settlements, expressions of which are similar to those identified in past research as indicative of psychological bonds with the tangible surroundings of the home, and that residential mobility may be best conceptualized as sustaining bonds, temporary dislocations, reunions, and reorientations in bonds with a type of settlement rather than as disruptions in bonding processes.

Settlement Ecology: The Social and Spatial Organization of Kofyar Agriculture

Abstract: What determines agrarian settlement patterns? Glenn Davis Stone addresses this question by analyzing the spatial aspects of agrarian ecology--the relationship between how farmers farm and where they settle--and how farming and settlement change as population density rises Crosscutting the fields of cultural anthropology, archaeology, geography, and agricultural economics, Settlement Ecology presents a new perspective on the process of agricultural intensification and explores the relationships between intensification and settlement decision making Stone insists that paleotechnic (""traditional"") agriculture must be seen as a social process, with the social organization of agricultural work playing a key role in shaping settlement characteristics These relationships are demonstrated in a richly documented case study of the Kofyar, who have been settling a frontier in the Nigerian savanna The history of agricultural change and the development of the settlement pattern are reconstructed through ethnography, archival research, and aerial photos and are analyzed using innovative graphical methods Stone also reflects on the limits of ecological determination of settlement, comparing the farming and settlement trajectories of the Kofyar and Tiv on the same frontier

Ethnicity and origin of the Iron I settlers in the Highlands of Canaan : Can the real Israel stand up ?

Abstract: Who settled in the hundreds of small villages that dotted the hill country of Iron I Canaan? In last December's issue of "BA" devoted to ceramics and ethnicity, William Dever identified these highl...

Gains, Losses, and the Psychology of Litigation

Abstract: Every lawsuit is a gamble. This is well understood in the literature on the economics of litigation, which assumes that litigants make choices that are risk-averse or risk-neutral, depending upon size of the stakes in the litigation relative to their wealth. Research on the psychology of judgment and choice, however, has revealed that risk preferences depend upon a decision-maker's reference point rather than their wealth. When choosing among perceived gains, people make risk-averse choices, and when choosing among losses, people make risk-seeking choices. In general, this suggests that defendants will often adopt risk-seeking litigation strategies, while plaintiffs will often adopt risk-averse strategies. This theory has several implications: that settlement offers are consistently well below the expected value of a case; that reforms that increase the risks of litigation, such as fee-shifting, have asymmetric effects on plaintiffs and defendants; and that attorneys can promote or impede settlement by manipulating the perceptions of their clients as to whether they face gains or losses. Data from survey responses to hypothetical scenarios and from actual settlement decisions support this theory.

Institutional Causes of Delay in the Settlement of Legal Disputes

Abstract: Social costs created by delay in the resolution of legal disputes have motivated an extensive theoretical literature studying the causes of delay. However, much less work has investigated a related, more policy-relevant question: how do legal institutions empirically affect delay in settlement? Based on analysis of the timing of settlement of automobile bodily injury insurance claims, I present two major findings on this topic. First, delay in trial courts increases delay in settlement. Second, state tort laws designed to reduce delay in settlement do not work as intended. Reforms imposing prejudgment interest, which were designed to reduce delay, actually increase delay in settlement, controlling for other state-level

The culture of reconciliation: community and the settlement of economic disputes in early modern England

Abstract: The period from 1550 to 1640 saw a tremendous rise in the amount of litigation initiated in England. Although the pattern of this great expansion is known, its social meaning is not yet clear. Litigation has, paradoxically, been interpreted as both the barometer of a breakdown in social relations, or alternatively as a functional means of dispute settlement. Here this problem will be addressed by placing the initiation of litigation within the context of the social practices and events which led to disputes, and also by looking at how contemporaries reacted to, and interpreted these events, both publicly and privately. Most litigation arose out of economic disputes concerning credit and contracts, and this was a result of the growth of marketing in the period. Such disputes were seen as threatening to the social order, and were something which contemporaries took very seriously. The primary means of dealing with disputes was to attempt to initiate a community negotiated Christian reconciliation between the disputing parties in order to maintain social peace and concord. But as the market grew more complex, and disputes became more difficult to resolve, increasingly the authority of the law had to be invoked. This in turn led to the development of a more pessimistic language of social relations which stressed that any form of positive sociability could only be maintained under an institutional umbrella created by the threat of authority. As a result, community relations and reconciliation, although still defined in terms of Christian love and charity, came to be seen as more functional than normative because of the massive interjection of the civil law into day to day life .

Trial by plea bargain : Case settlement as a product of recursive decisionmaking

Abstract: A travers la presentation des resultats d'une recherche ethnographique sur les avocats de la defense designes par le Tribunal, cet article examine la negociation de la plaidoirie comme composant d'un processus recursif destine a decider si un cas doit etre regle immediatement ou bien davantage examine. Le processus de prise de decision concerne trois types d'activites : evaluer l'offre d'une plaidoirie coupable, negocier les termes d'une possible reduction des charges, et conseiller le prevenu en decidant du cours d'une action. Jusqu'a ce que le cas d'un criminel soit regle, soit a travers un accord de plaidoirie final ou le jugement d'un jury, ce processus de prise de decision survient maintes et maintes fois. Envisage comme composant de ce processus recursif, la negociation de plaidoirie inclut de multiples episodes de comportement de negociation ainsi que de nombreux mesures concernant des litiges formels. Plus important peut-etre encore, la negociation de plaidoirie et les procedures du proces peuvent etre vues comme convergentes. L'A. conclut que ce mode de negociation n'est pas simplement une methode efficace pour les representants de la defense mais peut-etre une methode egalement voire plus efficace que le proces lui-meme

The Settlement and Growth of the Colonies: Population, Labor, and Economic Development

Abstract: INSTITUTIONS OF SETTLEMENT In the years following its establishment of a settlement at Jamestown in 1607, the Virginia Company set out to build an agricultural colony that would earn profits for investors. Toward this end, beginning in 1609 it raised both capital and labor through the device of a commercial company organized as a joint-stock venture. Shares in the company could be acquired either through a subscription of capital or through the pledge of one’s labor in America for a period of seven years. The excitement created in England by earlier explorations in North America, fueled by optimistic reports sent back by early settlers in Jamestown, enabled the Virginia Company to raise one of the largest sums ever invested in an English maritime venture. An early failure of the settlement at Jamestown, marked by extremely high rates of mortality and shortages of food and fresh water that resulted in debilitating illness among many of those who survived, was met by a response from the company that would not have surprised English employers of the day. The colony’s governor attributed the infamous starving time to the idleness of Virginia’s labor force, and during the following years the company moved to eliminate this problem with sterner measures. From 1611 to 1618 the colony was ruled with iron discipline, with a detailed plan for all economic operations. All land was to be owned by the company and farmed collectively. The workers, all men, were to be treated as bound servants of the company for their specified terms.

The Soviet Union and the Vietnam War

Abstract: In this eye-opening account based upon newly opened archives, Mr. Gaiduk reveals how the Soviets pursued a peaceful settlement of the conflict in unexpected ways and to a surprising degree. Thorough and detailed, it is an important contribution to historical understanding of the Vietnam War. - David Foglesong, "The Historian". It has been selected by "Choice" as an outstanding academic book for 1996.

Early Bronze Age IV settlement pattern of the Negev and Sinai deserts : View from small marginal temporary sites

Abstract: Approximately 1,000 EB IV sites have been surveyed to date in the Negev and Sinai deserts. A few of these sites are large, permanent settlements located near water sources and consisting of 100 to ...

The pre-Austronesian settlement of Island Melanesia : Implications for Lapita archaeology

Abstract: Contribution au debat sur l'origine et l'expansion de la culture Lapita, par la presentation des decouvertes qui incitent a penser que les implantations initiales sont localisees dans l'archipel de Bismark.

Political and Social Structures in Early Scandinavia: A Settlement-historical Pre-study of the Central Place

Abstract: Political and Social Structures in Early Scandinavia: A Settlement-historical Pre-study of the Central Place

Don't Try: Civil Jury Verdicts in a System Geared to Settlement

Abstract: Our system of civil procedure is extremely elaborate, with rules for everything from service of process through argument on appeal -- but we don't use it. Only one or two percent of litigated disputes are adjudicated by a jury or a judge. Some cases are dismissed, voluntarily or involuntarily, but the great majority are resolved by settlement. In this article, Professors Gross and Syverud look at two samples of civil cases that did go to jury trial in California, in 1985-86, and 1990-91. The data show, among other things, that the work of these courts is dominated by personal injury cases; that these trials are very expensive and risky; and that the parties in these cases are generally not playing with their own money: the plaintiffs are financed by contingent-fee attorneys, and the defendants are financed by liability insurers. In terms of outcomes, the data show that verdicts tend to all-out victories for one side or the other rather than compromises. The authors describe the role of the jury trial in our settlement-dominated system of litigation. They argue that the cost and uncertainty of trials are used deliberately by lawyers and judges to persuade litigants to settle; that the inducements to do so are so successful that attempts to further reduce the trial rate are unlikely to work; and that the cases that do go to trial nonetheless are unrepresentative of the mass of civil litigation, and dominated by those disputes that are the most peculiar, the most intractable, and the most unpredictable.

Antitrust Settlements and Trial Outcomes

Abstract: Risk aversion plays an important role in explaining why antitrust cases settle instead of going to trial. Using a jointly estimated model of settlement and trial outcome, the authors find that a one percent increase in the probability that the plaintiff wins at trial raises the probability of a settlement by 0.13 percent. They also find that reputation effects are not a significant factor for defendants, so the risk aversion of the defendants does not play a dominant role in determining whether the parties settle. Plaintiffs are more likely to win in certain jurisdictions, which encourages venue shopping by plaintiffs. Copyright 1996 by MIT Press.

Migration in Prehistory: Princess Point and the Northern Iroquoian Case

Abstract: Snow has recently challenged the in situ theory of the origins of the Northern Iroquois, arguing that it is a controlling model that does not account for certain linguistic, social, ceramic, and settlement anomalies he identifies in the record of prehistoric Iroquoian development. He proposes a migration model that purports to respond to these anomalies. Data recently gathered from a project focusing on the Princess Point Complex of southern Ontario shed light on Snow's hypothesis for a migration after A.D. 900. These new data do not support Snow's migration scenario, at least as this model concerns Ontario and Princess Point.

Environmental Change in Australia Since 1788

Abstract: This thoroughly revised and updated edition of Environmental Change in Australia Since 1788 reviews the environmental changes that have occurred in Australia since European settlement.

The First Human Settlement of Europe

Abstract: The question concerning the place of origin of humankind was widely debated for decades. Since it has been established that this was in Africa, much current research is focused on the age of the settlement of Eurasia. This work reviews three hypotheses concerning the age of the occupation of Europe. These hypotheses may be termed "Young," "Mature," and "Old" Europe, according to which systematic settlement took place either less than 500,000 years ago, somewhat before 0.78 mya (million years ago), or before 1.5 mya, respectively. The arguments for and weaknesses of each hypothesis are discussed, and the "Mature Europe" hypothesis is argued to be supported by the strongest current evidence.

Brochs and Iron Age society: a reappraisal

Abstract: The brochs, great stone towers of Iron Age Scotland, are famously puzzling. Who inhabited these strongholds (if habitations they were)? New fieldwork at the broch of Dun Vulan, on South Uist in the Western Isles, prompts reappraisal of the geographical and social context of the brochs, by developing untapped sources of social evidence.

Barrier-free design : a manual for building designers and managers

Abstract: Table of statutes Table of cases The nature of law Settlement of disputes Central and local government Business organizations The law of contract Special contracts - building contracts Employment law The law of tort Health and safety Land law Planning law Highways Building regulations Index.