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Showing papers on "Settlement (litigation) published in 1998"


Patent
04 Feb 1998
TL;DR: In this article, a processing unit in a financial institution freezes an account balance at a request from a purchaser, generates provisional settlement money, that is, money information, and transmits the money to a purchaser's processing unit.
Abstract: In an electronic commerce, a processing unit in a financial institution freezes an account balance at a request from a purchaser, generates provisional settlement money, that is, money information, and transmits the money to a purchaser--s processing unit. The purchaser's processing unit transmits a goods order request and provisional settlement money to a seller's processing unit. The processing unit in the financial institution makes a final settlement for the provisional settlement money based on a final settlement admission request from the purchaser who received goods and a final settlement request from the seller who received the provisional settlement money.

272 citations


Journal ArticleDOI
TL;DR: This research was funded by projects DGCYT PB94-0015 and CICYT MAR95-1764 of the Spanish Government and 1997SGR 00084 of the "Generalitat de Catalunya".
Abstract: This research was funded by projects DGCYT PB94-0015 and CICYT MAR95-1764 of the Spanish Government and 1997SGR 00084 of the "Generalitat de Catalunya"

115 citations


Journal ArticleDOI
TL;DR: In this paper, the authors argue that the mediators become implicit participants in the conflict, and the divorce of a mechanistic approach to conflict resolution from the political prerequisites for a successful settlement.
Abstract: External mediation in civil conflicts since the end of the Cold War has rested on a standardized conflict resolution mechanism, which differs significantly from the state-centric mechanism prevalent during the Cold War. This accords a broadly equal standing to all parties to the conflict, and seeks to reach a settlement acceptable to them all. This, in turn, calls for a ceasefire, followed by either of two mechanisms designed to create a liberal constitutional order, guaranteed by internationally supervised elections. In the Rwanda conflict of 1990-94, conscientious implementation of this mechanism not only failed to avert genocide, but even helped to create the conditions that made it possible. This failure illustrates important weaknesses in the mechanism itself, notably the way in which mediators become implicit participants in the conflict, and the divorce of a mechanistic approach to conflict resolution from the political prerequisites for a successful settlement.

110 citations


MonographDOI
TL;DR: In this article, the authors present a survey of Frankish settlements in the western Galilee and Samaria region of the Middle East, including the Castrum, The Burgus and the Village of Casale Imbert.
Abstract: Acknowledgments Part I. Presentation of the Problem: 1. A segregated society or an integrated society? 2. Criticism of the existing model Part II. The Castrum, The Burgus and the Village: 3. Castellum regis 4. Evidence about the existence of Frankish settlements 5. The rights and duties of the Frankish settlers in the Frankish settlements of Casale Imbert and Nova Villa 6. The settlers: their places of origin and their occupations 7. The geographic layout of a Frankish village: the example of Parva Mahomeria 8. The neighbourhood of a Frankish castrum 9. The church as a nucleus of a Frankish castrum 10. Mixed Frankish and local Christian settlements 11. Frankish settlements and the collection of tithes Part III. Isolated Dwellings: 12. The list of Jean of Ibelin 13. Frankish settlement and the fief of the camerarius regis 14. The isolated dwelling 15. Administration of rural estates 16. Settlement activities of the military orders: the castle and flour mills in Da'uk and Recordana Part IV. The Spatial Distribution of Frankish Settlement: 17. The boundaries of Frankish settlement in western Galilee and Samaria 18. The spatial distribution of Frankish settlement north of Jerusalem 19. Spatial distribution of Christian and Muslim settlements in Samaria 20. Differential geographical changes and the cultural borders of Samaria and Galilee Summary and conclusions Bibliography Appendix.

110 citations


Journal ArticleDOI
TL;DR: In this article, the authors describe why there has been a rapid growth of informal settlements in Cairo when there was an oversupply of formal housing, and why most new informal settlements develop on scarce agricultural land while large stretches of desert nearby remain mostly undeveloped.
Abstract: This paper describes why there has been a rapid growth of informal settlements in Cairo when there was an oversupply of formal housing, and why most new informal settlements develop on scarce agricultural land while large stretches of desert nearby remain mostly undeveloped. The paper also reviews the changes in the Egyptian government's housing and land policies over the last 40 years, including attempts to upgrade informal settlement and to combine upgrading with the development of settlements for middle-income households.

77 citations


Journal ArticleDOI
TL;DR: The importance of rural-urban links for many of the inhabitants of Botswana's cities is described in more detail for Old Naledi, a low-cost, self-help settlement in Botswana as discussed by the authors.
Abstract: This paper describes the importance of rural-urban links for many of the inhabitants of Botswana's cities. This is described in more detail for Old Naledi, a low-cost, self help settlement in Botswana's capital, Gaborone. A third of all households there own cattle, half retain land in the village from which they come and the proportion of households with such rural assets does not decline with people's length of stay in the city. These rural assets are valued both in monetary and social terms and serve as a valuable safety net for households with low incomes and uncertain livelihood prospects within the city.

76 citations


Journal ArticleDOI
TL;DR: This research was supported by 2 grants (DGCYT PB-94- 0015-C02-01C,I CYT 21AR95-1764) and funds of the Generalitat de Catalunya (1997SGR00084)
Abstract: This research was supported by 2 grants (DGCYT PB-94- 0015-C02-01C,I CYT. 21AR95-1764) and funds of the Generalitat de Catalunya (1997SGR00084)

74 citations


Patent
05 Feb 1998
TL;DR: In this article, the authors proposed a solution to reduce the risk for both the payer of price and the destination to pay the price (such as a seller or a service provider) in electronic commercial transactions.
Abstract: PROBLEM TO BE SOLVED: To reduce risk for both the payer of price (such as a merchandise purchaser or a service demander) and the destination to pay the price (such as a seller or a service provider) in electronic commercial transactions. SOLUTION: A purchaser transaction financial institute processor 3 freezes the remainder of account corresponding to the request of purchaser, generates the temporary account settlement money of money information containing temporary account settlement information and transmits it to a merchandise purchaser processor 1. The processor 1 transmits the merchandise purchase request and the temporary account settlement money to a merchandise seller processor 2. Based on the confirmed result of merchandise, the purchaser receiving the merchandise transmits a main account settlement approval request to the processor 3 and based on the checked result of temporary account settlement money, the processor 2 transmits the main account settlement request to the processor 3. On the condition that the main account settlement approval request and the main account settlement request exist in a data base, the processor 3 performs main account settlement concerning the temporary account settlement money.

72 citations


Journal ArticleDOI
TL;DR: In this article, the relative merits of net versus gross settlement of interbank payments are compared. And the authors conclude that net settlement dominates gross, although the optimal net settlement scheme may involve a positive probability of default.
Abstract: In this article, we consider the relative merits of net versus gross settlement of interbank payments. Net settlement economizes on the costs of holding non-interest-bearing reserves, but increases moral hazard problems. The 'put option' value of default under net settlement can also distort banks' investment incentives. Absent these distortions, net settlement dominates gross, although the optimal net settlement scheme may involve a positive probability of default. Article published by Oxford University Press on behalf of the Society for Financial Studies in its journal, The Review of Financial Studies.

69 citations




Book
01 Jan 1998
TL;DR: A poetical ecology of human settlements: grassroots environmental action at the frontier -the Colonia Ecologica Productiva movement ecology as politics conclusion as discussed by the authors is proposed as a poetry of human settlement.
Abstract: Part 1 Human settlements and the question of sustainability: introduction Mexico City's current status - a global and comparative perspective urban-environmental policy and planning - international agendas/local realities. Part 2 The Valley of Mexico: history, power and the environment Mexico City's urban-ecological coevolution state-society relations and the production of human settlements ecological arguments and the politics of containment. Mexico City's contested ecological reserve: the expansion of irregular settlement into the greenbelt zone of Ajusco key actors and the overall balance of forces popular mobilization in the formation of Los Belvederes -origins, structures and agendas. Part 4 Towards a poetical ecology of human settlements: grassroots environmental action at the frontier - the Colonia Ecologica Productiva movement ecology as politics conclusion.

Book
30 Apr 1998
TL;DR: The convict origins of European settlement in Australia have long attracted the attention of novelists and historians as mentioned in this paper. But what effect have these origins and Australian society's preoccupation with them had on later institutions and modes of punishment?
Abstract: The convict origins of European settlement in Australia have long attracted the attention of novelists and historians. But what effect have these origins--and Australian society's preoccupation with them-- had on later institutions and modes of punishment? This book explores the question through a study of imprisonment and other forms of punishment in Australia since European settlement. It examines the social, cultural, political, and historiographical aspects of this important subject, and shows how punishment has changed and points to possible changes in the future.

Journal ArticleDOI
TL;DR: In this article, the authors focus on the actors in the civil justice process: the relationship between contingency-fee lawyers and clients, and how that relationship plays out in the settlement process.
Abstract: One hallmark of Herb Jacob's analyses of criminal courts—extensive consideration of the interaction among actors–was less pronounced in his work on civil justice, which was more focused on institutions and the politics behind the laws that those institutions administered. In the research I report here, my emphasis is squarely on the actors in the civil justice process: the relationship between contingency-fee lawyers and clients, and how that relationship plays out in the settlement process. In Felony Justice, Herb, and his coauthor James Eisenstein, focus on the courtroom workgroup as a case-processing (and, largely, case-settling) machine; clients are relatively peripheral. In my account, clients, both current and future, are extremely important in how the lawyer works to settle cases. In the criminal court workgroup, lawyers do not worry about where future clients will come from because police secure them. In contrast, the contingency-fee lawyer has constant concerns about future clients, and I argue, this concern provides a control over lawyers that prior analyses of the contingency fee have largely missed. This dynamic also may explain why the courtroom workgroups, or court communities, found in the criminal courts do not appear to exist in the civil justice system.

Journal ArticleDOI
TL;DR: A study of 58 existing or intending smallholders around Christchurch, New Zealand, highlighted the way Arcadian ideals and values motivate people to move to the country, and to remain there as discussed by the authors.
Abstract: Arcadian ideals have long been important in western culture. They underpinned projects for colonial settlement and continue to be manifest today in urban perceptions of rural lifestyle throughout the English speaking world. Results from a study of 58 existing or intending smallholders around Christchurch, New Zealand, highlight the way Arcadian ideals and values motivate people to move to the country, and to remain there. They reveal both similarities and contrasts between contemporary New Zealand ideals of the rural way of life and those reported from North America and Europe, and have a number of practical planning implications.

Journal ArticleDOI
TL;DR: In this article, the authors describe the nature of the relationship between two settlement types in Zimbabwe and explore the links between the often neglected and underestimated farm and the ever-popular town in...
Abstract: This paper describes the nature of the relationship between two settlement types in Zimbabwe. It explores the links between the often neglected and underestimated farm and the ever-popular town in ...


Journal ArticleDOI
TL;DR: In this article, the authors show that the settlement dynamics are the result of complex socio-economic interaction proccsses including severa! levels of organization, where agents take decisions for constructing dwellings, shopping centers, manufactories, etc.
Abstract: One of the most striking features of urban dynamics is the emergence of highly irregular settlement patterns which are often perceived as amorphous. Urban planning deplores this evolution which turns out to be hardly controlable. Indeed the settlement dynamics is the result of complex socio-economic interaction proccsses including severa! levels of organization. On a microlevel, agents take decisions for constructing dwellings, shopping centers, manufactories, etc. Thus the settlement dynamics appears as a discrete process in time which should rather be interpreted as a random-like sequence of decisions. However these decisions arc not taken in an independent way. On the one band, there exist static physical constraints like mountain barriers, etc., on the ether band, planning policy defines the legal framework of settlement dynamics but guarantees also the construction and maintenance of infrastructure. In order to have an impact on planning decisions, agents organize themselves eventually in pressure groups with diverging aspirations. Moreover due to the expansion of cities, an mcreasmg

Book
28 Mar 1998
TL;DR: In this paper, the authors present an overview of the earliest settlements in the Oman Peninsula and the development and decline of Dilmun, including the expansion of the settlement and its architecture.
Abstract: 1. The setting 2. The earliest settlements 3. The development of Dilmun 4. The expansion of Dilmun: settlement and architecture 5. Dilmun: graves and artefacts 6. The Oman Peninsula: settlement and architecture 7. The Oman Peninsula: graves and artefacts 8. Dilmun: development and decline. An overview.

Journal ArticleDOI
TL;DR: The use of mediation for resolving environmental disputes has grown rapidly over the past several decades as discussed by the authors, due to claims made by advocates of the mediation process that it is superior to litigation and administrative hearings for the resolution of public policy disputes.
Abstract: The use of mediation for resolving environmental disputes has grown rapidly over the past several decades. This is due, in part, to claims made by advocates of the mediation process that it is superior to litigation and administrative hearings for the resolution of public policy disputes. However, there has been little empirical research to test these claims. This five-year study of the Florida Department of Environmental Protection tests two of these claims. First, does mediation result in higher settlement rates, as compared to traditional dispute resolution processes? Second, are mediation settlements carried out more often than are the settlements reached through traditional processes?

Journal ArticleDOI
TL;DR: The authors showed that Native American societies responded to European encroachment in complex and varied ways, and pointed out that the local populations were decimated solely by introduced disease, rather than introduced disease alone.
Abstract: Most researchers of the European settlement of North America assume that the local populations were decimated solely by introduced disease. Challenging that assumption, this book demonstrates that Native American societies responded to European encroachment in complex and varied ways.


01 Jan 1998
TL;DR: Ecological analysis of the existing guilds of exotic natural enemies in managed environments may help to predict the potential impact of new natural enemies on non-target species, and to provide the economic sustainability required by fruit growers and the environmental sustainability demanded by conservationists.
Abstract: Fruit crops in New Zealand are infested by 117 arthropod pests, which, in turn, are attacked by 135 arthropod natural enemies. Most pests (100) and natural enemies (116) are exotic, and have arrived during the ca 150 years of European colonization. Ninetytwo species of natural enemies have established accidentally, compared with 24 through classical biocontrol introductions. Many fruit crop pests now have diverse, exotic natural enemy guilds, which are becoming increasingly important both economically and ecologically in integrated fruit production (IFP) and organic growing systems. It seems likely that exotic pests and natural enemies of fruit crops will both continue to establish in New Zealand at the long-term average rate of ca seven species per decade. Additionally, the reduced use of broad-spectrum insecticides in fruit crops may result in a greater number of native insects becoming pests. The increasing pest load poses a significant threat both to the livelihood of fruit growers and to the New Zealand economy. Biological control of pests by natural enemies, both native and exotic, and deliberately or accidentally established, will inevitably be further developed as pest management strategies. Ecological studies should aim to provide, on the one hand, the economic sustainability required by fruit growers, and, on the other, the environmental sustainability demanded by conservationists. Ecological analysis of the existing guilds of exotic natural enemies in managed environments may help to predict the potential impact of new natural enemies on non-target species. BiocontrolNews and Information 1998 Vol. 19 No. 2 47N–58N

Book
01 Jan 1998
TL;DR: An account of the Norn language of Orkney and Shetland from its origin in the 800s with the Viking settlement of the Northern Isles to its demise in the late eighteenth century is given in this article.
Abstract: An account of the Norn language of Orkney and Shetland from its origin in the 800s with the Viking settlement of the Northern Isles to its demise in the late eighteenth century

Posted Content
TL;DR: The authors study wage bargaining in which the union is uncertain about the firm's willingness to pay and threat payoffs vary over time, and find that bargaining outcomes are substantially altered if threat payoff vary.
Abstract: We study wage bargaining in which the union is uncertain about the firm's willingness to pay and threat payoffs vary over time. Strike payoffs change over time as replacement workers are hired, as strikers find temporary jobs, and as inventories or strike funds run out. We find that bargaining outcomes are substantially altered if threat payoffs vary. If dispute costs increase in the long-run, then dispute durations are longer, settlement rates are lower, and wages decline more slowly during the short-run (and may even increase). The settlement wage is largely determined from the long-run threat, rather than the short-run threat.

MonographDOI
TL;DR: The characters reinvented as discussed by the authors, 1459-60, 1461-6, 1466-1469, 1470-1476, 1476-1478, 1481-1482, 1487-1488, 1491-1492
Abstract: Introduction 1. The characters reinvented 2. William Worcester, 1459-60 3. John Paston, 1461-6 4. The worst years: 1466-1469 5. Settlement and aftermath, 1470-1476 6. Money matters Conclusion

Journal ArticleDOI
Fred Dahms1
TL;DR: The authors interpreted post-modern spatial relationships at the outer edge of Toronto's urban field are interpreted within the context of the Arena Society and urban field concepts and demonstrated that Thornbury is an "Amenity/Affinity/Niche" community as suggested by the two concepts.

Journal ArticleDOI
TL;DR: QCR1,QB2はウズラ特異的であり,2C9の精原細胞の2つの集団が観察された.
Abstract: ウズラ初期胚血流循環中の始原生殖細胞(PGCs)をニワトリ胚血流に導入した.ウズラとニワトリのPGCsを識別するために,3種のモノクローナル抗体,QCR1,QB2,2C9について,ニワトリおよびウズラ生殖細胞における免疫組織化学的染色性を調べた.QCR1,QB2はウズラ特異的であり,2C9はニワトリ特異的であった.さらに,3種とも発生段階特異的染色性を示した.ウズラPGCsを導入したニワトリ胚をHamburger and Hamiltonのステージ29で調べたところ,生殖腺にウズラPGCsが定住しており,全体の14.2%を占めた.ウズラPGCsを導入したニワトリ雄ヒナ精巣に外来のウズラおよび内在のニワトリの精原細胞の2つの集団が観察された.

Journal ArticleDOI
TL;DR: In this article, the United Nations has in the Cyprus dispute operated on the assumption that the enforced postponement of a showdown between the parties would make the dispute conducive to peaceful settlement, however, a long cooling-off period may actually lead the parties to adopt more rigid and uncompromising positions, and the prospects for reasonable compromise gradually diminish.
Abstract: In his landmark book on the problems and progress of international organization, Inis L. Claude wrote:“Settlement,” lIke “pacific,” is a relative term. In some cases, the realistic ideal may be not to achieve the permanent settlement of a dispute, but to persuade the parties to settle down permanently with the dispute. The agenda of the Security Council and the General Assembly are liberally sprinkled with items that are beginning to seem like permanent fixtures, quarrels which the United Nations has managed to subject to peaceful perpetuation rather than peaceful settlement.As in several other disputes, the United Nations has in the Cyprus dispute operated on the assumption that Claude described: that the enforced postponement of a showdown between the parties would make the dispute conducive to peaceful settlement. Actually, some disputes, if properly controlled over a period of time, ultimately wither into insignificance or become ripe for settlement. In some other disputes, however, a long cooling-off period may actually lead the parties to adopt more rigid and uncompromising positions, and the prospects for reasonable compromise gradually diminish.

Journal ArticleDOI
TL;DR: In this article, the authors analyse the major economic issues raised by the 1997 Tobacco Resolution and the ensuing proposed legislation that were intended to settle tobacco litigation in the United States and conclude that alternative taxes would be considerably superior to those proposed, and explain problems with the damage payments required from the firms, and the legal protections offered to them.
Abstract: We analyse the major economic issues raised by the 1997 Tobacco Resolution and the ensuing proposed legislation that were intended to settle tobacco litigation in the United States. By settling litigation largely in return for tax increases, the Resolution was a superb example of a "win-win" deal. The taxes would cost the companies about $1 billion per year, but yield the government about $13 billion per year, and allow the lawyers to claim fees based on hundreds of billions in "damages". Only consumers, in whose name many of the lawsuits were filed, lost out. Though the strategy seems brilliant for the parties involved, the execution was less intelligent. We show that alternative taxes would be considerably superior to those proposed, and explain problems with the damage payments required from the firms, and the legal protections offered to them. We argue that the legislation was not particularly focused on youth smoking, despite the rhetoric. However, contrary to conventional wisdom, youth smokers are not especially valuable to the companies, so marketing restrictions are a sensible part of any deal. The individual state settlements set very dangerous examples which could open up unprecedented opportunities for collusion throughout the economy, and the multistate settlement of November 1998 is equally flawed. The fees proposed for the lawyers (around $15 billion) and the equally remarkable proposed payoff for Liggett (perhaps $400 million annually, for a company with a prior market value of about $100 million) also set terrible examples. We conclude with some views about how public policy might do better.