Showing papers on "Settlement (litigation) published in 1999"

A Constructed Peace: The Making of the European Settlement, 1945-1963

Abstract: PrefaceAbbreviationsPt. IThe Division of EuropeCh. 1A Spheres of Influence Peace?3Ch. 2Toward the Rubicon34Ch. 3The Test of Strength66Pt. IIThe Nato SystemCh. 4The Making of the NATO System95Ch. 5Eisenhower and Nuclear Sharing146Ch. 6An Alliance in Disarray201Pt. IIIThe Cold War PeaceCh. 7The Politics of the Berlin Crisis, 1958-1960251Ch. 8Kennedy, NATO, and Berlin283Ch. 9A Settlement Takes Shape352Sources and Bibliography403Index419

The Precarious Nature of Peace: Resolving the Issues, Enforcing the Settlement, and Renegotiating the Terms

Abstract: In this article, I identify three explanations for postwar instability and the failure of peace settlements and test hypotheses derived from each perspective. The first explanation identifies the failure to resolve the issues in dispute as a key source of instability. The second explanation highlights the well-known problem of enforcement that often plagues agreements in an anarchic environment. The final argument considers the belligerents' incentives to renegotiate the terms of the settlement. Using a hazard model, I test hypotheses derived from each explanation with data on the duration of peace between dyads formerly at war between 1816 and 1992. I find little support for the resolution argument, only mixed support for the enforcement argument, and much more consistent support for the renegotiation argument.

Win, Lose, or Draw: Predicting the Outcome of Civil Wars:

Abstract: What characteristics of a civil war determine whether it will end in a government victory, a rebel victory, or a negotiated settlement? To explore this question we present an expected utility model of the choice rebels and governments face between accepting a settlement or continuing to fight. The model implies that a settlement becomes more likely as (1) estimates of the probability of victory decline; (2) costs of conflict increase; (3) estimates of the time required to win increase; or (4) the utility from a settlement increases relative to that of victory. Factors that (1) increase one party's probability of victory; (2) increase its payoffs from victory; (3) reduce the costs of conflict; and/or (4) reduce the time required to achieve victory increase that party's probability of winning and decrease the likelihood of a settlement. We test these propositions with a multinomial choice model that correctly predicts the outcome in 86 percent of the cases.

Ancient Mesopotamia: The Eden that Never Was

Abstract: 1. Introduction 2. Geographic setting and environment 3. Settlement patterns 4. Making a living: tributary economics of the fifth and fourth millennia 5. A changing way of life: the oikos-based economy of the third millennium 6. The growth of bureaucracy 7. Ideology and images of power 8. Death and the ideology of community.

A Constructed Peace: The Making of the European Settlement, 1945-1963

Abstract: PrefaceAbbreviationsPt. IThe Division of EuropeCh. 1A Spheres of Influence Peace?3Ch. 2Toward the Rubicon34Ch. 3The Test of Strength66Pt. IIThe Nato SystemCh. 4The Making of the NATO System95Ch. 5Eisenhower and Nuclear Sharing146Ch. 6An Alliance in Disarray201Pt. IIIThe Cold War PeaceCh. 7The Politics of the Berlin Crisis, 1958-1960251Ch. 8Kennedy, NATO, and Berlin283Ch. 9A Settlement Takes Shape352Sources and Bibliography403Index419

Houses, lifecycles and deposition on Middle Bronze Age settlements in southern England.

Abstract: This paper explores how the lifecycles of Middle Bronze Age settlements were intimately related at both a practical and metaphorical level to the lifecycles of their inhabitants. Many settlements of this date appear to have been single-generational sites. Building sequences and other changes in the use of settlement space can be understood within a framework that explores how the demographic, social, and economic circumstances of a site's occupants changed over time. However, the lifecycle of the settlement was not only related to that of its occupants in practical terms; each was also a symbolic representation of the other. For example, such acts as the deposition of whole quernstones or animal burials in pits and ditches may have been carried out at critical points in the lifecycle of a settlement, its structures, and its inhabitants. The notion that settlements had lifecycles introduces the possibility of anthropomorphic symbolism in house architecture, a suggestion that may help to explain the presence of a standardised house form during the Middle Bronze Age. Yet, despite the formality of the architecture, there was considerable diversity in how space was actually used within the round-house. Likewise, variability in other aspects of these settlement sites suggests that, although cultural ideals may have existed, in practice the developmental cycle of each household group depended on a particular set of social and material circumstances as well as on household members' commitment to communal tradition.

A Learning-Based Model of Territory Establishment

Abstract: Despite widespread interest in territorial behavior, the processes by which animals establish territories are still poorly understood. We present a new learning-based model of territory establishment for species in which individuals set up territories within large patches of spatially heterogeneous habitat. The model is based on the simple assumptions that individuals tend to return to areas in which they previously had rewarding experiences and, conversely, tend to avoid areas in which they previously engaged in costly aggressive interactions. The literature on learning and territorial establishment suggests that these assumptions are probably valid for many animals. Individual-based, spatially-explicit simulations of settlement behavior incorporating the assumptions of this model generate a number of phenomena comparable to those observed in territorial animals, including the formation of stable home ranges within large patches of uniform quality habitat, increases in territory size and home range exclu...

Spinoza: A Life

Abstract: Acknowledgments Preface 1 Settlement 2 Abraham and Michael 3 Bento/Baruch 4 Talmud Torah 5 A merchant of Amsterdam 6 Cherem 7 Benedictus 8 A philosopher in Rijnsberg 9 'The Jew of Voorburg' 10 Homo Politicus 11 Calm and turmoil in the Hague 12 'A free man thinks least of all of death' A note on sources End notes Bibliography

The age of Lapita settlement in Fiji

Abstract: Recent and earlier research in Fiji has documented the approximate period of settlement there during the Lapita era. Age estimates extended back to about 3200 BP. A survey of the radiocarbon ages from sites containing dentate-stamped pottery, and especially from sites or levels where there are only Lapita wares, indicates that there is no convincing case for Lapita settlement earlier than about 2900 cal BP. In fact, the period of dentate-stamped ceramics might have been quite brief and dated to about 2800-2700 cal BP.

Conflict among Former Allies after Civil War Settlement: Sudan, Zimbabwe, Chad, and Lebanon

Abstract: The interesting theoretical question about civil war in general is not why it begins (the possible reasons are surely too many to enumerate) or why it stops (all sorts of contingent explanations from simple fatigue to outside force may apply) but why it so often does not resume when it might. We need to comprehend this process of conflict transformation, whereby the conflict either becomes less important or is pursued without using mass violence. Understandably, most analyses and prescriptions for peacemakers focus on relationships between former enemies and attempts to reduce incentives for them to take up arms again. However, a recent analysis of four negotiated settlements of civil wars (Sudan in 1972, Zimbabwe in 1980, Chad in 1987, and Lebanon in 1989) reveals that in all four cases the critical conflict was actually between former allies. The compromises required in negotiated settlements, combined with the other problems of post-civil war societies, make such conflicts likely. In some cases they led to violence; in Zimbabwe and Lebanon conflict again reached the level of civil war. However, the ironic results was that the countries that had experienced the most violence subsequently produced new settlements which essentially confirmed the original ones and appear to be holding. In Sudan, interallied violence was quite low, but the result was that the government changed its policy, the first settlement was undermined, and the original civil war began again. Outsiders should not assume either that wartime cooperation will continue in peace or that 'normal' peacetime behavior will naturally appear of its own accord. Indeed, they should probably anticipate that ad hoc wartime alliances are likely to dissolve with the risk of renewed civil violence.

Managing Informal Settlements : A Study Using Geo-Information in Dar es Salaam, Tanzania

Abstract: Urbanization in Sub-Saharan Africa (SSA) is often associated with the urbanization of poverty, and with the extensive development of informal settlements. This thesis examines how Geographic Information Technology (GIT) could be used to improve the ability of local governments in SSA manage such settlements. Three themes are at the core of this research: the evolution of thinking in the field of urban planning and management and the role of GIT as a planning support tool are discussed together with some problems of the land and housing supply in SSA countries. A review of these themes reveals strong linkages between conceptual and procedural developments in developed countries and those of SSA, often without adequate regard for the specific cultural and societal conditions in the recipient countries thereby contributing substantially to the likelihood of policy failure. The research framework incorporates elements of spatial data modelling relevant to analysing informal urban development and decision making for intervening in informal settlements. It also considers the context within which planning takes place, particularly the characteristics of key actors involved in planning processes at strategic and local levels. The empirical work is based on case studies at two spatial levels in the city of Dar es Salaam, Tanzania's largest city. The city-wide level is directed at strategic information and decision making related to informal development using a digital topographic database, aerial photography and SPOT satellite imagery to produce generalised data related to land use, topography, settlement expansion and densification processes. The analysis shows that the rate of expansion of informal settlements is increasing and that densification processes are also ongoing in all settlements, including those with the highest densities, but that the knowledge of such processes under local professionals is limited to the more centrally located settlements. Using the improved data, the value of using a GIS based multi-criteria evaluation procedure to select informal settlements for policy interventions aimed at altering their further development is demonstrated. The second spatial level concerns individual settlements or communities in which spatial information for settlement upgrading and some aspects of daily management are examined. GIT methods are applied to create large scale image mosaics that could be used in a variety of ways at settlement level, some of which have been explored both through a combination of quantitative and qualitative research methods. The use of such tools is examined in 3 settlements Keko Mwanga, Hanna Nassif and Tabata. The analysis reveals considerable potential for utilising GIS based products at the community level in planning and administration. The implications of these findings for the development of a prototype methodology for managing informal settlements in Dar es Salaam are considered. Concepts for spatial information support at both spatial levels are developed. These involve a variety of GIT users in Dar es Salaam, but are primarily directed at the needs of the local government and settlement level actors. Several suggestions are made concerning further work required at both levels. These include improvements to the MCE approach, the development of urban growth models that could aid in the understanding and prediction of new growth areas, the development of effective land management instruments at settlement level and investigations that would lead to the creation of a sustainable local spatial data infrastructure to support decentralised urban planning and management.

Settlement pattern studies in the Americas : fifty years since Virú

Abstract: List of Illustrations List of tables Contributors Preface 1. Settlement Pattern Research in the Americas: Past, Present, and Future Brian R. Billman Part One: The Development of Settlement Pattern Archaeology in the New World 2. The Viru Valley Project and Settlement Archaeology: Some Reminiscences and Contemporary Comments Gordon R. Willey 3. Three Valleys: Twenty-Five Years of Settlement Archaeology in Mesoamerica William T. Sanders 4. Spatial Scales and Process: In and around the Valley of Oaxaca Laura Finsten and Stephen A. Kowalewski Part Two: Settlement Pattern Studies and the Origins of Sedentism 5. From Traveler to Processor: Regional Trajectories of Hunter-Gatherer Sedentism in the Inoy-Mono Region, California Robert L. Bettinger 6. Sedentism, Settlement, and Village Organization on the Lower Alaska Peninsula: A Preliminary Assessment Herbert D.G. Maschner Part Three: Settlement Pattern Studies and the Origins of Ranked Societies 7. Late Prehistoric Settlements and Wetlands in the Central Mississippi Valley George R. Milner and James S. Oliver 8. The Settlement Pattern of Mississippian Chiefdoms in Northern Georgia David J. Hally 9. Settlement Pattern Shifts and Political Ranking in the Lake Titicaca Basin, Peru Charles Stanish Part Four: Settlement Pattern Studies and States and Empires 10. Reconstructing Prehistoric Political Economies and Cycles of Political Power in the Moche Valley, Peru Brian R. Billman 11. Regional Approaches to the Study of Prehistoric Empires: Examples from Ayacucho and Masca, Peru Katharina J. Schreiber 12. Reflections on Regional Survey: Perspectives from the Guirin Area, Oaxaca, Mexico Gary M. Feinman and Linda M. Nicholas 13. Settlement Pattern Studies in the Mixteca Alta, Oaxaca, 1966-1996 Andrew Balkansky 14. Conclusions: The Settlement Pattern Concept from an Americanist Perspective Suzanne K. Fish References Index

The Ring Villages of Central Brazil: A Challenge for Amazonian Archaeology

Abstract: This article offers a challenge to previous interpretations of the ring villages of Central Brazil. Specifically, these large villages that were occupied by ceramic-making agriculturalists have been characterized as marginal and anomalous developments resulting from late population movements triggered by the European conquest. New data presented here show that the ring villages have a much greater time depth. Their sudden appearance around A. D. 800 is explained as a local response to both regional and external pressures. Information on settlement pattern variables such as village layout and size, differences in cultural inventory, and comparison of archaeological and ethnographic data illustrate sociopolitical and demographic changes through time that have critical implications for Amazonian archaeology.

The GATT/ WTO Dispute Settlement System. International Law, International Organizations and Dispute Settlement

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.

Delay and Settlement in Litigation

Abstract: Delay in litigation is a policy concern in many jurisdictions. Little evidence is available on the causes of such delay, however. We present a version of Spier's (1992) bargaining model of litigation and derive directly a functional form for the conditional probability of case settlement. We then estimate this and test predictions about the effects of legal costs and uncertainty over damages and liability on the conditional probability of settlement, using data from negligence claims against several NHS Trusts. Our results provide a direct test of the model and shed light on the causes of settlement delay in England.

Sovereignty's Alchemy: An Analysis of Delgamuukw v. British Columbia

Abstract: In Delgamuukw v. British Columbia, the Supreme Court of Canada issued its long-awaited judgment on the status of Aboriginal title under section 35(1) of the Constitution Act, 1982. The decision was regarded as highly significant because it seemed to fundamentally alter the law of Aboriginal rights. This article suggests that while the case has somewhat positively changed the law to protect Aboriginal title, it has also simultaneously sustained a legal framework that undermines Aboriginal land rights. In particular, the decision's unreflective acceptance of Crown sovereignty places Aboriginal title in a subordinate position relative to other legal rights. This article examines how this result defeats the Court's own requirements for a just settlement with Aboriginal peoples. This review proceeds through exploring the Supreme Court's treatment of Aboriginal pleadings, evidence, content and proof of title, Aboriginal self-government, and the extinguishment of Aboriginal title in the Delgamuukw case. In investigating these issues, this article concludes by illustrating how a more rigorous application of the rule of law to the Crown in its dealings with Aboriginal peoples could generate greater equality and justice for Aboriginal peoples in their relations with the Canadian state.

The Settlement of Disputes in International Law: Institutions and Procedures

Abstract: Introduction PART I: INSTITUTIONS Methods of settlements of disputes: the basic framework International Commercial Arbitration Mixed Arbitrations Dispute settlement in the Law of the Sea The settlement of international economic disputes The International Court of Justice PART II: PROCEDURE The Arbitral process ANNEXES: Manila Declaration on the Peaceful Settlement of Disputes Hague Convention on the Pacific Settlement of Disputes, 1907 ICSID Convention UNCITRAL Arbitration Rules UNICITRAL Model Law Statute of the ICJ

New Labour's Industrial Relations Settlement: The Third Way

Abstract: This review of 1998 focuses on the proposed industrial relations settlement. It first sets the context in which the settlement was being promoted; second, considers the framework of the law that such a settlement would establish; and third, in conclusion, asks what the new legal framework indicates regarding New Labour's 'Third Way' as applied to industrial relations.

Gender, refugee status and permanent settlement.

Abstract: This article examines how gender is implicated in the stages of defining a refugee, the refugee determination process, and the act of final settlement. After a general overview, specific details are presented for Canada. Canada admits refugees for the purpose of permanent settlement, and it has been the first on the international scene to develop gender-sensitive guidelines and to participate in the process of resettling women at risk of harm. However, data show that women are under-represented in the humanitarian-based flows to Canada. When they enter Canada, they are more likely than men to be married and to enter as spouses rather than as principal applicants.

A history of the Balkans, 1804-1945

Abstract: The awakening of nationalities, 1804-30 self-rule, constitutions and revolutions the Balkan states under loosened power control, 1856-78 the imperial Balkans through crises and reforms, 1856-78 from the Congress of Berlin to 1900 - part 1 from the Congress of Berlin to 1900 - part 2 the tail end of the 19th century, 1900-14 - part 1 the tail end of the 19th century, 1900-14 - part 2 World War I and the Paris peace settlement the 1920s - part 1 - the losers the 1920s - part 2 - the winners the 1930s - part 1 the 1930s - part 2 World War II, 1939-45.

Emerging complexity on the Kahramanmaras Plain, Turkey: the Domuztepe Project 1995-1997

Abstract: The fifth millennium is a key period in the development of complex societies in the Near East. Domuztepe, situated in southeastern Turkey on the northwestern edge of the traditional heartlands of the Halaf, is one of the largest sites known from this period. The investigation of this large (20 ha), central site is providing new details of the organization of society at the site and its relationship with the surrounding environment. The settlement seems to have been a focus of long-distance exchange, with evidence for the manufacture and manipulation of status items. Stamp seals occur remarkably frequently and ceramics seem to have been used in a complex way, indicating shifting external relations over time. There is also evidence for economic intensification, notably the possible use of secondary products.

Do the 'Haves' Still Come Out Ahead?

Abstract: In the spring of 1998, the University of Wisconsin Law School sponsored a multidisciplinary conference to assess the impact of perhaps the most visible, widely cited, and influential article ever published in the law and society field: Marc Galanter's (1974) "Why the 'Haves' Come Out Ahead: Speculations on the Limits of Legal Change"1 In that article Galanter attempts to explain the outcome of trial court litigation in essentially structural terms He discusses "the way in which the basic architecture of the legal system creates and limits the possibilities of using the system for redistributive change" Galanter divides parties into "one shotters" and "repeat players" A one shotter is a person, business, or organizational entity that deals with the legal system infrequently The one shotter's claims are too large (relative to their size) or too small (relative to the cost of remedies) to be managed routinely and rationally, but a one shotter's interest in winning a particular case is very high A repeat player, on the other hand, has had, and anticipates having, repeated litigation Repeat players have low stakes in the outcome of any particular case and have the resources to pursue their long term interests They can anticipate legal problems and can often structure transactions and compile a record to justify their actions They develop expertise and have access to specialists who are skilled in dealing with particular types of cases or issues They enjoy economies of scale and encounter low start-up costs for any particular case For example, an automobile manufacturer may anticipate challenges to a particular part or system and thus develop legal strategies and invest in research to defend itself Legal strategies can be modified and developed from one case, or group of cases, to the next Repeat players can also benefit from informal relations with (and "educate") institutional incumbents such as judges, hearing examiners, and court clerks The credibility and legitimacy that flows from repeated contacts may help to sustain a repeat player's claims Repeat players may not settle a particular case when a one shotter would do so If they give in too easily in one case, it may affect the demands made in the next case Yet they can play the odds and maximize gain over a series of cases even while suffering maximum loss in some Seldom will one case be critically important As a result, they consider questions of precedent over the long run and are able to "play for rules" Repeat players may settle (often with low visibility) cases where they expect unfavorable verdicts or rule outcomes They can trade symbolic defeats for tangible gains One shotters, by definition, are necessarily more interested in immediate outcomes Galanter also focuses on litigation configurations One shotters may sue one shotters Such cases often are between parties who have some ongoing relationship and who are disputing over some indivisible good Cost barriers will ration access to the legal system in many of these cases Repeat players may also sue each other The sanctions of long-term continuing relations (which they wish to maintain), however, tend to minimize such cases Mediation, arbitration, and settlement may be better options When repeat players are contesting issues of principle or individual rights, however, some authoritative resolution may be necessary and the risks or costs of defeat may have to be endured Likewise, governmental units may find it difficult to settle highvisibility cases because of the unfavorable publicity likely to be generated Of course, there are also disputes between repeat players who have no relationship to protect Perhaps the remaining two litigation patterns in Galanter's matrix are more interesting Repeat players may sue one shotters Sometimes these cases take the form of stereotyped mass processing, bearing little resemblance to full-dress, adversarial litigation …

Damage Caps and Settlement: A Behavioral Approach

Abstract: Since 1970, at least 30 states have enacted legislation capping the damages plaintiffs can recover in a lawsuit. Guided by previous research on suit and settlement, we outline a simple framework for examining the effects of a cap on litigant judgments and the pretrial settlement rate. We then introduce several refinements to the simple framework that are based on findings from behavioral economics and psychology. In particular, we recognize litigants may possess “role‐specific biases” in information processing and may be subject to nonpecuniary influences during pretrial bargaining. Finally, the paper presents experimental evidence for the effects of a damage cap on litigants' judgments and the settlement rate. The results show that behavioral and psychological theories can greatly expand the explanatory power of models that depict the pretrial bargaining environment.

Archaeologies of Life and Death

Abstract: The Egyptian village of Deir el Medina, well attested in the New Kingdom as a settlement site (ca. 1550-1070 B.C.), continued to be the focus of mortuary and ritual practices from the Third Intermediate period into Late Antique and Islamic times. Data from the site are particularly rich and offer a rare opportunity to witness large-scale temporal change in mortuary practice. To date, no comprehensive syntheses have addressed the range of funerary practices in terms of specific age, status, or sex groups for various time periods. In this paper I consider the social dimension of burial at the site, drawing on statistical analyses from a range of mortuary data (tomb construction, decoration, burial goods, and bodily treatments). I suggest that the mortuary sphere shifted from a representational focus on the living world in the 18th Dynasty (ca. 1550-1295 B.C.) to an emphasis on the next world in the Ramesside period (ca. 12951070 B.C.). Despite the significant individual variation present in the material, it is possible to see patterns surrounding the broad themes of life and death. Finally, the substantial evidence for bodily preparations suggests that it is possible to conduct an archaeology of the body at Deir el Medina, considering cultural, social, and economic factors.*

International Telecommunications, Settlement Rates, and the FCC

Abstract: This paper models settlement arrangements between international telecommunication carriers. The FCC in the United States claims these arrangements cost United States consumers billions of dollars annually, largely to subsidize foreign carriers in low-income countries. A model is given which makes sense of this claim, as well as the role of costs, competition, and income disparities in settlement rate determination. Findings are tested using data spanning 17 years and 167 countries. Some implications are drawn for the FCC's recently proposed settlement rate caps, as well as for proposals for multilateral solutions.