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Showing papers on "Settlement (litigation) published in 1997"


Journal ArticleDOI
TL;DR: In fact, groups fighting civil wars almost always chose to fight to the finish unless an outside power stepped in to guarantee a peace agreement as discussed by the authors, and negotiations always succeeded regardless of the initial goals, ideology, or ethnicity of the participants.
Abstract: Unlike interstate wars, civil wars rarely end in negotiated settlements. Between 1940 and 1990 55 percent of interstate wars were resolved at the bargaining table, whereas only 20 percent of civil wars reached similar solutions. Instead, most internal wars ended with the extermination, expulsion, or capitulation of the losing side. In fact, groups fighting civil wars almost always chose to fight to the finish unless an outside power stepped in to guarantee a peace agreement. If a third party agreed to enforce the terms of a peace treaty, negotiations always succeeded regardless of the initial goals, ideology, or ethnicity of the participants. If a third party did not intervene, these talks usually failed.

861 citations


Journal ArticleDOI
TL;DR: In this article, the authors provide evidence on whether managers can reduce stockholder litigation costs by disclosing adverse earnings news early, and they find some evidence that more timely disclosure is associated with lower settlement amounts.

702 citations


Book
14 Jul 1997
TL;DR: One of the few case studies available on undocumented immigrants, the authors humanizes a group of people too often reduced to statistics and stereotypes, while the author's voice raises questions about power, stereotypes, settlement, and incorporation into American society.
Abstract: One of the few case study available on undocumented immigrants, this insightful anthropological analysis humanizes a group of people too often reduced to statistics and stereotypes. Immigrants' own voices speak of the hardships of Hispanic migration to southern California, while the author's voice raises questions about power, stereotypes, settlement, and incorporation into American society.

552 citations


Book
01 Jun 1997
TL;DR: Extensive lordship inland the tenants and workers on the inland warland warland farms and families the growth of small estates and the beginnings of the seigneurial life Anglo-Norman landlords the Conquest and the peasantry tenure, statue and settlement villeinage as discussed by the authors.
Abstract: Extensive lordship inland the tenants and workers on the inland warland warland farms and families the growth of small estates and the beginnings of the seigneurial life Anglo-Norman landlords the Conquest and the peasantry tenure, statue and settlement villeinage. Appendices: inland and exempt land in the Doomsday Book Bordars, Cottars, coscets, geburs, buri and slaves as a percentage of the total recorded country populations.

132 citations


Journal ArticleDOI
TL;DR: In this paper, the authors show a nonmonotonic relationship between observable capabilities and the likelihood of violence in a crisis, as well as the ex ante likelihood of a negotiated settlement, and derive four hypotheses, testing them against crises in Europe between 1815 and 1970.
Abstract: The evolution of crises depends upon interpreting intentions under uncertainty. We model crises as a game of two-sided incomplete information. Players are uncertain about their own payoffs from war because of differences between observable and actual capabilities. We derive four hypotheses, testing them against crises in Europe between 1815 and 1970. We show a nonmonotonic relationship between ex ante observable capabilities and the likelihood of violence in a crisis, as well as the ex ante likelihood of a negotiated settlement. We answer five questions: (1) How do differences in observable capabilities between rivals influence the likelihood of a crisis and the escalation to violence? (2) How do intangible capabilities alter the effects of observable capabilities on the likelihood of conflict and violence? (3) What do national leaders learn from the responses of their adversaries in crises? (4) Under what conditions can deterrence succeed? (5) Under what conditions are the strong likely to give in to the weak or vice versa in a crisis?

132 citations


Journal ArticleDOI
01 Jan 1997
TL;DR: The first season of an on-going project focused on Leskernick Hill, north-west Bodmin Moor, Cornwall, entailed a preliminary settlement survey and limited excavation of a stone row terminal.
Abstract: The first season of an on-going project focused on Leskernick Hill, north-west Bodmin Moor, Cornwall, entailed a preliminary settlement survey and limited excavation of a stone row terminal. Leskernick comprises a western and a southern settlement situated on the lower, stony slopes of the hill and including 51 circular stone houses constructed using a variety of building techniques. Walled fields associated with these houses vary in size from 0.25–1 ha and appear to have accreted in a curvilinear fashion from a number of centres. Five smal burial mounds and a cist are associated with the southern settlement, all but one lying around the periphery of the field system. The western settlement includes ‘cairn-like’ piles of stones within and between some houses and some hut circles may have been converted into cairns. The settlements may have been built sequentially but the layout of each adheres to a coherent design suggesting a common broad phase of use. The southern settlement overlooks a stone-free plain containing a ceremonial complex.The paper presents a narrative account of the work and considers not only the form, function, and chronology of the sites at Leskernick but also seeks to explore the relationships between people and the landscape they inhabit; the prehistoric symbolic continuum from house to field to stone row etc, and to investigate the relationship between archaeology as a discourse on the past and archaeology as practice in the present. It considers how the daily process of excavation generates alternative site histories which are subsequently abandoned, forgotten, perpetuated or transformed.

120 citations


Journal ArticleDOI
TL;DR: The International Tribunal for the Law of the Sea (ITLOS) as discussed by the authors was created by the United Nations Convention on the law of the sea (UNCLOS) on 16 November 1994.
Abstract: The entry into force of the 1982 United Nations Convention on the Law of the Sea (“UNCLOS”), on 16 November 1994, is probably the most important development in the settlement of international disputes since the adoption of the UN Charter and the Statute of the International Court of Justice. Not only does the Convention create a new international court, the International Tribunal for the Law of the Sea (“ITLOS”), it also makes extensive provision for compulsory dispute-settlement procedures involving States, the International Seabed Authority (“ISBA”), seabed mining contractors and, potentially, a range of other entities. Implementation of the Convention has spawned a number of inter-State disputes to add to the cases already before the International Court. The initiation of the ITLOS not only opens up new possibilities for settling these disputes but it also has implications for the future role of the International Court and ad hoc arbitration in the law of the sea and more generally. It contributes to the proliferation of international tribunals and adds to the potential for fragmentation both of the substantive law and of the procedures available for settling disputes. Judges Oda and Guillaume have argued that the ITLOS is a futile institution, that the UNCLOS negotiators were misguided in depriving the International Court of its central role in ocean disputes and that creation of a specialised tribunal may destroy the unity of international law. The law of the sea, both judges argue, is an essential part of international law and any dispute concerning the application and interpretation of that law should be seen as subject to settlement by the International Court.

105 citations


Book
20 Mar 1997
TL;DR: The Politics of Entry and Settlement: "Defend, Deter, Det, Detain" as discussed by the authors, and "People and Places: Ghettoes or Neighbourhoods?".
Abstract: Introduction. 1: The Politics of Entry and Settlement: "Defend, Deter, Detain". 2: People and Places: Ghettoes or Neighbourhoods?. 3: People in Work and Out: Why are Indochinese Different?. 4: Living Inside and Outside the Communities. 5: Indochinese and Australians. Bibliography. Index

99 citations


Patent
Hisashi Takayama1
14 Nov 1997
TL;DR: In this paper, the authors proposed a settlement means which is excellent in view of safety and convenience, and it can be used for communication with a credit settlement device at a shop by means of an infrared communication port.
Abstract: A settlement means which is excellent in view of safety and convenience is provided. A paying means, a charging means and the settlement means have a plurality of communication means respectively and use different communication systems. The paying means is, for instance, a personal credit terminal (100) which also functions as a digital wireless telephone, and is used for communication with a credit settlement device (101) at a shop by means of an infrared communication port. At the time of payment, the paying means carries out infrared communication with the credit settlement device, and carries out the direct wireless telephone communication with a service providing system (102) which is also a settlement means. Since payment information is exchanged also through the settlement means, wrong charging by the shop side can be avoided. Further, since information acquired by the shop side is limited, the privacy of customers can be secured. Moreover, the sales efficiency can be improved by utilizing electronic receipts.

92 citations




Journal ArticleDOI
TL;DR: The authors studied the Han Chinese settlement of Taiwan, which occurred surprisingly late in Chinese history, and found that Taiwan was the home of a large population of Austronesian people who were diligent in keeping out intruders.
Abstract: This is a study of the Han Chinese settlement of Taiwan, which occurred surprisingly late in Chinese history. Although only 100 miles off the coast of south China, Taiwan's shores never beckoned Han pioneers until the 1600s. One reason for this lateness was that Taiwan was the home of a large population of Austronesian people who were diligent in keeping out intruders. It was not until the Dutch built a fort


Journal ArticleDOI
TL;DR: Fischer et al. as discussed by the authors described a Mesolithic coastal settlement above and below present sea level, and showed that man and sea in the Mesolithic were inextricably linked.
Abstract: Man and Sea in the Mesolithic: Coastal Settlement above and below Present Sea Level. Anders Fischer. ed. Oxbow Monograph, 53. Oakville, CT. David Brown Book Company, 1995. 440 pp.

Journal ArticleDOI
TL;DR: In this paper, a simple model of a negligence rule where there is too much settlement is presented, and three legal policies to align the private and social motives to settle are discussed: litigation subsidies, punitive damages, and the English Rule for allocating legal costs.
Abstract: The private motives to settle civil lawsuits are seldom aligned with the interests of society. This article presents a simple model of a negligence rule where there is too much settlement. During pretrial bargaining, the injurer has private information about his care level. In equilibrium the injurer randomizes between taking due care and being negligent, and the uninformed victim randomizes between making a high settlement offer (playing tough) and making a low settlement offer (playing soft). It is shown that social welfare would be improved if the victim were committed to take a tougher stance in negotiations and, consequently, more cases went to trial. Three legal policies to help align the private and social motives to settle are discussed: litigation subsidies, punitive damages, and the English Rule for allocating legal costs.

Book
01 Jun 1997
TL;DR: The Tools Tell the Story: Narrative Trajectories in Settlement Museum Tours as discussed by the authors ) is a series of articles about the history of museum interpretive spaces and its role in museum experiences.
Abstract: Contents: Series Editors' Preface. By Way of Introduction. Studying Museums as Performative Arenas. The Tools Tell the Story: Narrative Trajectories in Settlement Museum Tours. Generational Styles in Settlement Museum Interpretation. Museum Encounters as Potentially Contested Sites. Contextualizing Settlement Museum Discourse.

Book
01 Jan 1997
TL;DR: In this paper, the origins and development of villages, hamlets and farms in the Middle Ages are explored using the landscape of four East Midland counties as a focus, using a combination of archaeological and documentary evidence, and the authors show that there is no single, easy reason for the development of hamlets, but that they grew out of a complex combination of social, agricultural and political influences.
Abstract: Why is the countryside in some parts of England and Continental Europe dominated by large villages, while in many regions looser groupings of houses in hamlets, or isolated farms, provide the main forms of settlement? The answer lies in the period c.850-1200, when the settlement pattern which still survives was created. This volume sets out to provide explanations of the process behind that great formative movement in the fabric of our culture. Using a combination of archaeological and documentary evidence, the authors show that there is no single, easy reason for the development of villages and hamlets, but that they grew out of a complex combination of social, agricultural and political influences. The text explores the origins and developments of villages, hamlets and farms in the Middle Ages, using the landscape of four East Midland counties as a focus. It provides a basis for understanding early settlement.

Book
01 Jan 1997
TL;DR: In this paper, the authors examine the importance of the new geography and how it affects traditional regional conflicts and the search for their peaceful settlement, and present extensive maps of the Middle East.
Abstract: The breakup of the Soviet Union and the growing links between the new Muslim republics and the Middle East have resulted in new strategic dynamics which have far-reaching implications for the US and other major powers. Featuring extensive maps, this book examines the importance of the new geography and how it affects traditional regional conflicts and the search for their peaceful settlement.

Book
08 Oct 1997
TL;DR: The GATT/WTO Dispute Settlement Law and Procedure: International trade law and procedures as discussed by the authors, international trade law, and the GATT and WTO dispute settlement system 1948-1996 -an introduction, E-U.
Abstract: Part I The GATT/WTO dispute settlement law and procedures: international trade law and the GATT/WTO dispute settlement system 1948-1996 - an introduction, E-U. Petersmann the concept of nullification and impairment in the legal system of the World Trade Organization, Frieder-Roessler non-violation complaints in WTO/GATT dispute settlement - past, present and future, T. Cottier, K.N. Schefer WTO dispute panel deference to national government decisions the misplaced analogy to the US. Chevron standard-of-review doctrine, S.P. Croley, J.H. Jackson some aspects of third party intervention in GATT/WTO dispute settlement proceedings, M.E. Footer appeal and judicial review in international arbitration and adjudication - the case of the WTO appellate review, G. Sacerdoti. Part 2 International trade law and GATT/WTO dispute settlement practice GATT/WTO dispute settlement practice in the field of antidumping law, J.H.J. Bourgeois standards for panels reviewing antidumping determinations under the GATT and the WTO, G.N. Horlick, P.A. Clarke trade, environment and the WTO - the dispute settlement practice relating to Article XX of GATT, A. Mattoo, P.C. Mavroidis developing countries and the GATT/WTO dispute settlement - a profile of enforcement in agriculture and textiles, B. Chaytor restrictive business practices and the WTO/GATT dispute settlement process, M. Matsushita WTO dispute settlement in services - procedural and substantive aspects, P.K. Morrison the settlement of commercial aviation disputes under the General Agreement on Trade in Services and the ICAO Council - a comparative analysis, R.I.R. Abeyratne WTO dispute settlement and the Agreement on trade-related aspects of intellectual property rights, F.M. Abbott dispute settlement under the "plurilateral trade agreements" - the case of the Agreement on government procurement, F. Weiss. Part 3 Settlement of international trade disputes in regional free trade agreements and domestic courts dispute settlement in the EC - lessons for the GATT/WTO dispute settlement system?, T. Oppermann, J.C. Cascante the dispute settlement rules of the North- American Free-Trade Agreement - a thematic comparison with the dispute settlement rules of the WTO, G. Marceau settlement of disputes in the South American Common Market (MERCOSUR), R.A. Etcheverry from dispute settlement to jurisdiction? - perspectives for the MERCOSUR, P.B. Casalla the role of national courts in international trade relations, M. Hilf.

Journal ArticleDOI
01 Apr 1997-Cities
TL;DR: In this article, a compilation of reports by two Chinese researchers examines one such settlement on the southern border of Beijing, with consideration given to both socio-economic aspects of the settlement and to administrative implications for land management and planning.

Book ChapterDOI
01 Jan 1997
TL;DR: In this article, the authors re-examine the history of Chinese migration to Southeast Asia by focusing on a significant change in the patterns of Chinese settlement and find that by the mid-eighteenth century, a significantly new phenomenon had appeared: this was the regular settlement of sizeable communities of Chinese labourers in parts of the Malay world.
Abstract: This chapter attempts to re-examine the history of the Chinese migration to Southeast Asia by focusing on a significant change in the patterns of Chinese settlement. In essence, it appears that by the mid-eighteenth century, a significantly new phenomenon had appeared: this was the regular settlement of sizeable communities of Chinese labourers in parts of the Malay world. This development had important implications for Southeast Asia as a region and for China as well.

Journal ArticleDOI
TL;DR: In this paper, the authors examine the design of contingent fees for plaintiffs' lawyers in a legal system that gives parties the choice between going to trial and settling out of court, and show that the client generally benefits from a bifurcated fee structure in which the attorney gets a large fraction of the recovery in the event of trial but a small fraction in the case of settlement; this structure maximizes both the size of recovery and the client's distributive share of it.
Abstract: This article examines the design of contingent fees for plaintiffs' lawyers in a legal system that gives parties the choice between going to trial and settling out of court. Using a simple principal‐agent model with attorney moral hazard, the article shows that the client generally benefits from a bifurcated fee structure in which the attorney gets a large fraction of the recovery in the event of trial but a small fraction in the event of settlement; this structure maximizes both the size of the recovery and the client's distributive share of it. The article also examines the limits on the use of this fee structure that are imposed by two aspects of the settlement bargaining process: (1) the allocation of settlement authority between lawyer and client, and (2) the relative bargaining power of plaintiff and defendant.


Book
01 Jun 1997
TL;DR: Health care before the NHS the settlement of 1948 the NHS 1948-1996 temporal evaluation intrinsic evaluation extrinsic evaluation.
Abstract: Health care before the NHS the settlement of 1948 the NHS 1948-1996 temporal evaluation intrinsic evaluation extrinsic evaluation.


Journal ArticleDOI
01 Feb 1997-Geoforum
TL;DR: In this article, the authors examine the changes to place, as perceived by the formal residents of the area, arising from the establishment and growth of an informal settlement in Hout Bay, a middle-to-upper-income coastal suburb of Cape Town, South Africa.

Posted Content
TL;DR: In this paper, the authors present experimental data that suggests lawyers might evaluate the settlement vs adjudication decision from a perspective more closely akin to "rational choice theory" than will non-lawyers and, consequently, increase the observed level of settlement.
Abstract: Law and economics models of litigation settlement, based on the behavioral assumptions of rational choice theory, ignore the many psychological reasons that settlement negotiations can fail, yet they accurately predict that vast majority of lawsuits will settle short of formal adjudication What explains this? We present experimental data that suggests lawyers might evaluate the settlement vs adjudication decision from a perspective more closely akin to "rational choice theory" than will non-lawyers and, consequently, increase the observed level of settlement We then evaluate whether the hypothesized difference between lawyers and non-lawyers is likely to lead to more efficient dispute resolution, concluding that lawyers are efficiency enhancing when differences between lawyers and non-lawyers can be attributed to "cognitive error" on the part of the latter but not when those differences are due to differences in preference structures and litigation goals Finally, we suggest a framework that lawyers concerned with efficient dispute resolution should adhere to when counseling clients during settlement negotiations

01 Jan 1997
TL;DR: The most widely discussed topic in the economics of legal procedure is the relation between litigation and settlement as discussed by the authors, which has attracted extensive attention as commentators employ increasingly refined models to examine the many nuances of the problem.
Abstract: Perhaps the most widely discussed topic in the economics of legal procedure is the relation between litigation and settlement. This paper offers a critical introduction to the voluminous economic literature on this topic. This literature considers questions such as why the parties to a dispute choose to go to court, rather than settling the matter privately; what determines the likelihood that a case will settle, and the terms on which it is settled; how various legal instruments or rules influence parties’ decision to settle or go to court; and how the choice between settlement and litigation affects social welfare. These issues have turned out to be surprisingly complex, and continue to receive extensive attention as commentators employ increasingly refined models to examine the many nuances of the problem. The present paper attempts to set forth in a concise and informal manner the major results of this work and some directions for future research. Forthcoming in the New Palgrave Dictionary of Economics and the Law. The authors would like to thanks Steven Shavell for his comments and suggestions. ** Harvard Law School. *** Northwestern University.

Journal ArticleDOI
Roger M. Thomas1
TL;DR: Enclosed settlements are characteristic of the first millennium B.C. in Britain, contrasting with the predominantly open settlements of the fourth to second millennia as discussed by the authors, and it is suggested that settlement enclosure became widespread at this time because agricultural intensification led to land becoming more valued as a form of property.
Abstract: Enclosed settlements are characteristic of the first millennium B.C. in Britain, contrasting with the predominantly open settlements of the fourth to second millennia. Settlement enclosures have recently been interpreted in symbolic terms, the enclosure marking social divisions between social groups. Anthropological studies indicate that divisions between groups may be more clearly marked in societies which use land intensively than in ones which use it extensively, because of the need to prevent valuable land from passing outside the group by out-marriage and inheritance. The earlier first millennium B.C. was a period of agricultural intensification in Britain. It is suggested that settlement enclosure became widespread at this time because agricultural intensification led to land becoming more valued as a form of property. This in turn led to changes in kinship relations, with the division between ‘insiders’ and ‘outsiders’ becoming more significant than before. Apparently ‘special’ deposits of material in enclosure ditches have been interpreted as a way of reinforcing such a division.

Journal ArticleDOI
Paul Dixon1
TL;DR: In this paper, the authors argue that the Northern Ireland political elite generally lack the ability to bring their supporters with them towards a political settlement and that reformist civil society approach appears to offer a way out of the current impasse by creating an environment in which accommodation might be possible.
Abstract: Part II of this article argues first, that the Northern Ireland political elite generally lack the ability to bring their supporters with them towards a political settlement. Secondly, there is little evidence to suggest that on constitutional questions the political elites are unrepresentative of their voters. Thirdly, the reformist civil society approach appears to offer a way out of the current impasse by creating an environment in which accommodation might be possible. Part I of this article, ‘Paths to Peace in Northern Ireland (I): Civil Society and Consociational Approaches’, appeared in the previous issue of this journal.