Showing papers on "Settlement (litigation) published in 2003"

Strategic determinants of decisions not to settle patent litigation

Abstract: Settlement outcomes in patent litigation are modeled as resulting from strategies pursued by firms with their patented technologies. Hypotheses are derived for two types of influences: the use of patents as isolating mechanisms to protect valuable strategic stakes, and their ‘defensive’ role in obtaining access to external technologies through mutual hold-up. Parameter estimates from a sample selection probit model provide support for the strategic stakes hypotheses, while the evidence for mutual hold-up is inconclusive. Interindustry comparisons show that nonsettlement of patent suits in both research medicines and computers is increased by strategic stakes and, in addition, mutual hold-up appears to play an important role in computer patent suits. Copyright © 2003 John Wiley & Sons, Ltd.

Antitrust Limits to Patent Settlements

Abstract: This paper focuses on the class of legal rules that governs intellectual property rights: the antitrust limits imposed on patent settlements. The paper discusses the benefits and costs of settlements and explains why antitrust limits on settlements are needed to prevent abuse of the settlement process. A general rule for evaluating proposed settlements is developed. This paper explores a simple antitrust rule governing settlements of intellectural property disputes: a settlement cannot lead to lower expected consumer surplus than would have arisen from ongoing litigation. It argues that this rule respects intellectural property rights while encouraging efficient settlements. Under extremely general conditions, there exists a settlement that leaves consumers better off and raises the joint profits of the two firms engaged in the dispute. This general test is then applied to several types of settlements: mergers; agreements specifying the timing of entry; and patent pools.

Apologies and legal settlement: An empirical examination

Abstract: A. Effects of Apologies on Settlement Decisionmaking ......... 484 1. Effects of Apology on Settlement 485 2. Effects of Evidentiary Rules on Settlement 490 3. Sum m ary 491 B. Factors Influencing the Effects of Apologies 492 1. Responsibility and Injury 492 2. Effects of the Nature of the Apology 494 3. Effects of Evidentiary Rule 499 4. Sum m ary 500 IV. IMPLICATIONS OF RESULTS 501

The European union as a diplomatic actor: internal, traditional, and structural diplomacy

Abstract: An investigation into EU diplomacy naturally requires an analysis of the diplomacy developed within the framework of the Common Foreign and Securiry Policy (CFSP) of the European Union (EU). But equally important is the ‘internal diplomacy’ focusing on the settlement of mutual relationships among member states and particularly the ‘structural diplomacy’ based on EU strategies and partnerships with other regions in the world, which is aimed at promoting structural long-term changes in these regions.

Toward a New Conceptualization of Settlements for Demography

Abstract: It has long been recognized that where people live and work can be a relevant factor in helping to explain demographic behavior, yet the treatment of location in censuses and surveys remains surprisingly crude. Emphasis is still being given to the urban–rural dichotomy based on definitions that most countries around the world introduced 40 to 50 years ago and have modified little since. Given the increase in the complexity of settlement systems in recent decades in less developed as well as in more developed contexts, this simple classification is no longer adequate for examining the role of settlement in demographic processes. The time has come to rethink how settlement should be differentiated in population data collection and analysis. Contemporary technologies and methodologies make it possible to analyze spatially referenced data in ways that are more rapid and sophisticated than could have been imagined when the conventional approach was devised.

The Archaeology of the Early Islamic Settlement in Palestine

Abstract: The Archaeology of the Early Islamic Settlement in Palestine evaluates the archaeological evidence for a significant transformation in the Middle East. In A.D. 634, a victory at the Battle of Adjnadayn allowed Muslims to conquer the Byzantine frontier and a new epoch opened for the region. The political history for Palestine is clear; the Byzantine Empire was pushed aside for the new, triumphant Islamic empire. The Umayyads ruled from Damascus from A.D. 661 until replaced by the Abbasids in A.D. 750. The land, considered holy, shifted from Christian to Muslim control until the brief Crusader period in the next millennium. The volume is a contribution to Islamic period archaeology in Israel with larger scale implications. More than a few scholars have noted that archaeological research in Israel seems to cease with the onset of the Islamic period, even though surveys find artifacts and excavators go through layers from those centuries. When evidence is noted, the interpretation is one-dimensional, and this volume provides ample evidence of such interpretations of archaeological sites. The assumption is that the Early Islamic period was a period of desolation and violent conquest; the imagery is striking. The end of the Byzantine period is typically presented with villages and churches destroyed, the population suffering, but as Donald Whitcomb writes 471

Environment, race and nation reconsidered: reflections on Aboriginal land claims in Canada

Abstract: ********** It is appropriate to recall the work of Griffith Taylor, one of the founders of geography as an academic discipline in Canada, on this 50th Anniversary meeting of the CAG. Although his books were no longer standard course texts 40 years ago when I was in university, the concepts of environment, race and nation that he and other geographers used in the first part of the twentieth century were still in evidence, and carried rather different implications than they do now. And even if we no longer talked about the prospects for 'white settlement' in the same way as Taylor did in Environment, Race, and Migration (1937) and Canada (1947), (1) university-level Canadian geography texts continued to be very much concerned with the progress and problems of settlement and development on the northern frontier, with barely a nod to the situation or the future of its Aboriginal inhabitants. The northern environment (a term not then in vogue) was to be overcome, not protected. I want to share some observations with you today on the rise and evolution of Aboriginal rights and claims, whose role in changing the face of northern Canada (and our understanding of such notions as environment, race and nation), was not at all foreseen when the CAG was young. Yet, since the early 1970s, Canada has been committed to a process of land claims settlements for dealing with Aboriginal title and rights. How did that happen? What was the problem? Where are we? How successful are land claims settlements? Where are we going? In answering these questions, I will illustrate how geographers have contributed to the documentation and implementation of land claims in Canada, and offer some personal reflections on the process. The Setting In 1961, I was on a survey crew constructing the Little Long Rapids hydro dam on the Mattagami River in northern Ontario. The job was good money, and it got me up to the land of my grandfather's stories of mining country, river travel, forest fires and bunkhouse life. Our worksite appeared to us as nothing but muskeg and black fly country, with no sign of habitation except a couple of apparently abandoned Indian trapping cabins nearby. Flooding the area seemed like a perfectly good idea, and it fitted right in with John Diefenbaker's 'northern vision' of Canada and, for that matter, Griffith Taylor's vision of northern settlement. For the purposes of this discussion, let us think of Canada as arranged into several tiers, south to north. The southern-most tier is what is sometimes called the settled ecumene (Gajda 1960), the zone of continuous urban, industrial and agricultural habitation. North of this we find the near North and mid-North (more or less coinciding with the boreal forest and the Subarctic), and the far North (or Arctic). To the extent that Canadian geographers have at least partially defined and depicted these zones using demographic and economic indicators (viz. Hamelin 1978), they have moved marginally northward over time, but broadly speaking have not changed much over the last 80 years. I want to draw your attention to the relationship of these tiers of Canadian settlement and development to the treaty-making process with Aboriginal peoples, with particular focus on the upper tiers (Figure 1). Notice how the areas treatied for between 1860 and 1930 coincided with the imperatives of settlement: the upper Great Lakes watershed with the beginnings of mining and forestry, the prairies and the overland connection through NW Ontario following right on the acquisition of Rupert's Land, the northern parts of the Prairie Provinces at the time of northern boundary extensions and provincehood and northern Ontario and the Mackenzie Valley after WWI with the development of air transport and the prospect of mineral and petroleum development (Usher, Tough and Galois 1992). [FIGURE 1 OMITTED] North of the settled ecumene, Canada was inhabited by scattered small mobile groups of Aboriginal people, each occupying a large territory. …

Automated method and exchange for facilitating settlement of transactions

Abstract: A system and method are described for settling transactions (100) between supply-chain participants (110) which greatly simplifies the accounts payable (120), credit, and collections processes for participants (110), and provides them with unique capabilities to modify terms-of trade and the resultant cash flows in a mutually beneficial fashion by managing the gap between marginal borrowing rates.

British Emigration to the Empire-Commonwealth since 1880: From Overseas Settlement to Diaspora?

Abstract: In January 1927, to encourage British consumers to ‘Buy Empire goods from home and overseas’, the Empire Marketing Board (EMB) displayed on public billboards a map of the world. The British Isles were placed at the centre, in a distinctive design shaped like a half-moon. Vividly depicted in the same strong red on the surrounding satellite continents were the territories of the British Empire and unmistakably the encircling colonies of white settlement, Canada at the top and to the left, southern and eastern Africa to the bottom, Australia and New Zealand to the right. The design was much reproduced in various sizes, ranging from the huge (20 feet by 10 feet) to the modest (30 inches by 20 inches), the latter for educational use in schools. Maps represent perceptions of space. Political maps like this one announce belonging. This was indeed a vision of Greater Britain, in which the ties between mother country and daughter Dominions were demographic and cultural, as well as economic and constitutional. One contemporary commentator reckoned that EMB propaganda would be an inducement to emigrate. Noticeably, though with rather more sophistication, historians of the ‘British world’ are now again emphasising the Britishness of this Greater Britain, even in the self-governing Dominions, and the lingering appeal of empire culturally as well as politically until late in the twentieth century. Their work contrasts with the writings of earlier historians of Canada, Australia and New Zealand who had opted to emphasise the historical roots of distinctive nation states. The implication of this reinterpretation for our understanding of empire migration has prompted this essay.

Aligning the Interests of Lawyers and Clients

Abstract: August 2001 Aligning the Interests of Lawyers and Clients A. Mitchell Polinsky and Daniel L. Rubinfeld * Abstract: The potential conflict of interest between lawyers and clients is well known. If a lawyer is paid for his time regardless of the outcome of the case, the lawyer may wish to bring the case even when it is not in the best interest of the client, may spend more hours working on the case than the client would want, and may reject a settlement when the client would be better off if it were accepted. Alternatively, if the lawyer is compensated according to the conventional contingent fee arrangement — under which he is paid a fraction of any trial award or settlement but bears all of the cost of litigation — the lawyer may have an insufficient incentive to bring the case, may spend too little time working on it if it is brought, and may encourage a settlement when the client would be better off going to trial. In this article we propose a method of compensating lawyers that overcomes the conflict of interest between the lawyer and the client. Our system is a variation of the conventional contingent fee system, but, in contrast to that system, we would have the lawyer bear only a fraction of the cost of litigation — the same fraction that the lawyer obtains of the award or settlement. We demonstrate that when the fraction of the cost that the lawyer bears equals the fraction of the award or settlement that he obtains, he will have an incentive to do exactly what a knowledgeable client would want him to do with respect to accepting the case, spending time on the case, and settling the case. Under our modified contingent fee system, a third party would compensate the lawyer for a certain fraction of his costs, in return for which the lawyer would pay that party an up-front fee. In this way, the client would not bear any costs, even if the case is lost, just as under the conventional contingent fee system. Stanford University and National Bureau of Economic Research; and University of California, Berkeley, respectively. Polinsky's research was supported by the John M. Olin Program in Law and Economics at Stanford Law School. Rubinfeld's research was undertaken in part while he was a visitor at New York University Law School. We received helpful comments from Joseph Bankman, Kevin Clermont, Douglas Cumming, Andrew Daughety, Winand Emons, Frank Easterbrook, Nuno Garoupa, Robert Hall, Jennifer Reinganum, Steven Shavell, and Kathryn Spier.

International Dispute Settlement

Abstract: Contents: Overview: An overview of international dispute settlement, Richard B. Bilder. Negotiation and Consultation: Consultation and negotiation in the pacific settlement of international disputes, Charles Manga Fombad International law, mediation and negotiation, Manfred Lachs. Good Offices and Mediation: The good offices of the United Nations Secretary-General in the field of human rights, B.G. Ramcharan International mediation - the view from the Vatican: lessons from mediating the Beagle Channel dispute, Thomas Princen. Inquiry and Conciliation: The place of commissions of inquiry and conciliation treaties in the peaceful settlement of international disputes, Charles Cheney Hyde Accidents and crises: the Dogger Bank affair, Richard Ned Lebow. Arbitration: States and the undertaking to arbitrate, Hazel Fox Retaliation or arbitration or both? The 1978 United States-France aviation dispute, Lori Fisler Damrosch The nature of the Iran-United States claims tribunal and the evolving structure of international dispute resolution, David D. Caron Strengthening GATT procedures for settling trade disputes, Ernst-Ulrich Petersmann . Judicial Settlement: Decline of the optional clause, C.H.M. Waldock Settlement of disputes arising out of Law of the Sea convention, Louis B. Sohn Invoking international human rights law in domestic courts, Richard B. Lillich The time has come for an international criminal court, M. Cherif Bassiouni The proliferation of adjudicatory bodies: dangers and possible answers, Robert Y. Jennings. Agencies: The place of international law in the settlement of disputes by the Security Council, Rosalyn Higgins. The Future of International Dispute Settlement: Legalized dispute resolution: interstate and transnational, Robert O. Keohane, Andrew Moravcsik and Anne Marie Slaughter Alternative dispute resolution under international law, Christine Chinkin Name index.

Settlement Risk under Gross and Net Settlement

Abstract: Previous comparative analyses of gross and net settlement have focused on the credit risk of the central counterparty in net settlement arrangements and on the incentives for participants to alter the risk of their portfolios under net settlement. By modeling the trading economy that generates the demand for payment services, we are able to show some largely unexplored advantages of net settlement. We find that net settlement can prevent certain gridlock situations, which may arise in gross settlement in the absence of delivery versus payment requirements. In addition, we show that net settlement can economize on collateral requirements and avoid trading delays.

Nationalism in Indonesia: Building imagined and intentional communities through transmigration

Abstract: Transmigration settlements are planned according to Indonesian government priorities, which intend them to help build an imagined community, a unified nation. They are also places where settlers struggle to build their own vision of community as a place where they feel they belong. This article introduces the history of the Indonesian program and the place of Sulawesi transmigration settlements in nation-building. (Indonesia, nationalism, development, transmigration, community) ********** Since its earliest days, the Indonesian transmigration program has established, literally from the ground up, thousands of settlements. Each of these is a unique confluence of people, places, and social and structural factors. Every settlement is faced with its own particular challenges and opportunities to become a community. At the same time, the settlements also exist within the government's bureaucratic and ideological framework of variously defined objectives that have been the program's agenda. They are planned communities in the sense that physical infrastructure is calculated as a whole and put into place in accordance with the program's objectives. Despite all the planning, the settlements ultimately succeed or fail on the intentions of those involved, which is a struggle between two quite different intents: the planners' and the settlers'. On the one hand, there are the deliberate objectives of the state to create and maintain an "imagined community," on a national scale, of unified Indonesians drawn together into a single model of citizenship. On the other hand, there are the more immediate, sometimes much less coherent, aspirations of the settlers as individuals, and to varying degrees as groups, to succeed and establish socially, economically, and ecologically viable communities in a particular time and place, according to their own designs. Only so much can be planned. Beyond that is only intent. Realistically, community cannot be planned; it can only be intended. It is evident from the many layers of emotional meaning that are attached to the word or idea of "community" that the concept has meaning that goes beyond mere geographic place or local activity. The concept implies an "expectation of a special quality of human relationship in community, and it is this experiential dimension that is crucial to its definition" (Bender 1982:6). Thus, community may be better defined experientially. A settlement location and its infrastructure are planned, but a community must be experienced. In the case of these settlements, the state's intent is only partially realized. Where these settlements fall short of national ideological objectives, one might see an assertion of local purpose and the realization of intentional community as a distinct social phenomenon. (1) This article is based on research conducted in transmigration settlements of Sulawesi, Indonesia, in 1998, and analyses of government documents on transmigration and popular narratives. (2) Beginning with the government of the Netherlands East Indies in the early twentieth century, millions of people have been relocated voluntarily and sometimes involuntarily from densely populated islands at the country's political center to sparsely populated outlying islands of the Indonesian Archipelago. These outer islands have historically lacked the direct control and influence of the central governing authority. Although liberalizing colonial and postcolonial governments explicitly declared transmigration to be in the interest of social welfare, its implicit agenda has been to build a coherent, centrally governed state. The existence of a nation-state has required a firm connection between a geographically limited space and a culture and history that are perceived as undivided and rooted. In a country as disparate geographically and ethnically as Indonesia, this process has often required containment of the history and traditions of local populations in favor of a greater heritage. …

Contingency Fees, Settlement Delay, and Low-Quality Litigation: Empirical Evidence from Two Datasets

Abstract: Although flat fees are common for divorces, wills and trusts, and probate, lawyers in personal injury cases generally are paid by contingency fee or at an hourly rate. Arguments have been made that contingency fees increase low-quality, "frivolous" litigation but counterarguments suggest that contingency fees actually limit such litigation and instead it is hourly fees that increase low-quality litigation. Using a difference in differences test and data on a cross section of states in 1992, we test whether legal quality is lower under contingency or hourly fees. We also examine medical malpractice claims in Florida using a time series centered around a law change that limited contingency fees. We also examine the impact of fee arrangements on the expected time to settlement. We find that hourly fees encourage the filing of low-quality suits and increase the time to settlement (i.e., contingency fees increase legal quality and decrease the time to settlement). Copyright 2003, Oxford University Press.

Sowing the Seeds of Conflict: The Effect of Dispute Settlements on Durations of Peace

Abstract: We apply formal models of deterrence developed by Zagare and Kilgour (2000) to examine the impact of dispute settlements on future discord. Our theory of recurrent conflict, based primarily on how levels of satisfaction lead to different types of deterrence, allows us to formulate explicit expectations for the relative stability of militarized conflict settlements. We conceptualize peace periods following dispute settlements as situations of mutual or unilateral deterrence, depending on the method of resolution applied to the preceding dispute. Relations following imposed settlements are modeled as unilateral deterrence situations, while affairs subsequent to negotiated settlements and disputes ending without a settlement are viewed as instances of mutual deterrence. We derive hypotheses regarding durations of peace and test them through survival analyses of the periods of peace following 2,536 dyadic militarized interstate disputes between 1816 and 1992. Our results strongly support the theory's expectat...

Anticompetitive Settlement of Intellectual Property Disputes

Abstract: The overwhelming majority of intellectual property lawsuits settle before trial. These settlements involve agreements between the patentee and the accused infringer, parties who are often competitors before the lawsuit. Because these competitors may agree to stop competing, to regulate the price each charges, and to exchange information about products and prices, settlements of intellectual property disputes naturally raise antitrust concerns. In this paper, we suggest a way to reconcile the interests of intellectual property law and antitrust law in evaluating intellectual property settlements. In Part I, we provide background on the issue. Part II argues that in most cases courts can determine the legality of a settlement agreement without inquiring into the merits of the intellectual property dispute being settled, either because the settlement would be legal even if the patent were invalid or not infringed, or because the settlement would be illegal even if the patent were valid and infringed. Only in a narrow class of cases will the merits of the intellectual property dispute matter. In Part III, we argue that in that narrow middle set of cases antitrust's rule of reason is unlikely to be helpful. Rather, courts must inquire into the validity, enforceability, and infringement issues in the underlying case, with particular sensitivity to both the type of intellectual property right at issue and the industrial context of the dispute. In Part IV, we apply our framework to a number of common settlement terms, most notably the use of exclusion payments to settle pharmaceutical patent disputes. We argue that exclusion payments that exceed litigation costs should be deemed illegal per se. There is no legitimate reason for such payments, and the most likely reason - to permit the patentee to exclude competition that would likely have occurred absent the payment - is anticompetitive. Further, legitimate patent disputes can be settled in other ways than with an exclusion payment - for example, by licensing the defendant or by agreeing to delay entry.

Institutional viability: a neo-Durkheimian theory

Abstract: This article presents a statement of a theory of the conditions under which are institutions, policies and arrangements viable or sustainable, rooted in the neo-Durkheimian tradition. The argument is that institutions have the greatest chance of viability when they exhibit sufficient internal variety of the basic institutional forms, and when the conflicts between these forms can be contained by one or more types of settlements. Institutional forms are subject to both positive feedback or self-reinforcement, which the Durkheimian tradition argues can lead to disorganization, and to negative feedback dynamics which can lead either to gridlock and conflict or, if suitably contained, to settlement. The article offers a classification of the available types of settlement between institutional imperatives and a discussion of their strengths and weaknesses.

The Settlement House Tradition: Current Trends and Future Concerns

Abstract: The settlement tradition represents a comprehensive approach that "strengthens individual and neighborhood assets, and builds collective capacity to address community problems" (Hirota, Brown, & Martin, 1996, p. i). While there is a rich literature on the history of the settlement movement, there is little information about contemporary settlement houses. This paper reports findings of a national survey of settlement houses/neighborhood centers that provide information about programs and services offered, populations served, unmet community needs, and policies or trends that contribute to or respond to these needs. ********** In recent years, there have been calls within the social work profession for a return to our settlement house roots (e.g., Husock, 1993; Jacobson, 2001; Lundblad, 1995). In contrast to an individualized and deficit-oriented approach, the settlement tradition represents a comprehensive approach that "strengthens individual and neighborhood assets, and builds collective capacity to address community problems" (Hirota, Brown, & Martin, 1996, p. i). Over the years, settlement houses have remained multi-service neighborhood centers. However, "an increasingly fragmented and categorical funding environment" has contributed to "limited opportunities for community-building approaches" in contemporary centers (Hirota et al., p. i). Settlement houses have often been on the front line of community change, recognizing and responding to unmet needs created by demographic, economic, and policy trends. The twin objectives of the settlement movement were to provide immediate services and to work for social reform (Trolander, 1987). To what extent do contemporary neighborhood centers continue the settlement house tradition? There is little information about contemporary settlement houses/neighborhood centers, but there is an extensive literature on the rich history of the settlement house movement. Literature Review Settlement House: Historical Perspective The settlement movement was influential in the late 19th and early 20th centuries when most settlement houses were established, predominantly in northern and midwestern urban centers. The movement began in response to a rapidly growing immigrant population, large-scale industrialization, and the problems of urban slums. Settlement leaders "sought to overcome the centrifugal forces of urban disintegration to restore order to a society that had lost coherence, to maintain face-to-face friendship in a society increasingly impersonal and anonymous" (Chambers, 1963, p. 115). Settlement houses developed a broad array of services to address social ills, as well as programs that were not problem-focused, such as day nurseries and kindergartens, courses in child care and domestic science, recreational/educational groups, lending libraries, and cultural activities--art, music, theater, folk festivals. The diversity of programs reflected the needs of individual neighborhoods, changing social conditions, and the belief that the "range of settlement activity must be as wide as human need...." (Woods, 1923, p. 48). But even with such diverse programs, "the settlements, by themselves, could no more than nibble at problems whose solutions ... required concerted action of the entire community" (Chambers, 1963, p.17). Therefore, settlement leaders were also involved in social reform activities. They influenced municipal governments to set aside land for parks and playgrounds and to improve sanitation and public health programs; they engaged in political activism to effect reform at local, state, and national levels on such issues as minimum wage, child labor laws, and woman's suffrage. Thus, the settlement house movement reflected a dual responsibility for social service and social reform. The "most immediate work" of the settlement was to meet individual needs, but in such a way that "progress is ... made toward removing the social need for giving that particular kind of help to other individuals" (Holden, 1922, p. …

Sponsorship of Relatives for Migration and Immigrant Settlement Intention

Abstract: The paper examines how important family reunification is in immigrants' decision to settle permanently in their country of destination. Using longitudinal data for a cohort of recent immigrants to Australia, it examines whether migrants' permanent settlement intention reported soon after arrival is related to their family sponsorship patterns and intention to sponsor, and whether family sponsorship patterns and intention in turn have an effect on immigrants' permanent settlement/return migration decision. The results show that a significant relation exists between sponsorship of close family members for migration and immigrants' permanent settlement intention and that the relation is particularly strong among skilled migrants. The study demonstrates the importance of kinship ties in permanent settlement and return migration decisions and suggests that liberal policies on family reunion migration may minimize settle loss, especially among skilled immigrants.

Trapped Fools: Thirty Years of Israeli Policy in the Territories

Abstract: Part l: Background 1. First Contact with the Territories 2. Shaping Israeli Policy in the Territories 3. Organizing the Military Administration Part 2: The Ministers of Defense and their Policies: A Historic Chronology 4. Introduction 5. Moshe Dayan 6. Shimon Peres 7. Ezer Weizman 8. Menachem Begin 9. Ariel Sharon 10. Moshe Arens 11.Yitzhak Rabin Part 3: The Issues 12. The Political Future of the Territories 13. Israel's Administrative Policy 14. Municipal Elections in 1972 and 1976 15. Attempts to Establish Palestinian Self-Rule in the Territories 16. The Evolution of Israel's Settlement Policy Part 4: Lessons Learnt from the Intifada 17. A New Reality 18. Israel's Policy in the Territories - A Summary Epilogue Appendices Appendix A. The Administered Territories: General Data, 1967 Appendix B. Firing Instructions in Case of Riots in Military Government Areas (10 September 1984) Appendix C. The Israeli Peace Initiative (14 May 1989)

Boplatser och offerplatser : ekonomisk strategi och boplatsmönster bland skogssamer 700-1600 AD

Abstract: This thesis primarily discusses the development of late Iron Age Saami settlement patterns in greater Norrland's forest area, from the establishment of the Settlements through to historical times. ...

Transatlantic economic disputes : the EU, the US, and the WTO

Abstract: 1. PREVENTION AND SETTLEMENT OF TRANSATLANTIC ECONOMIC DISPUTES: LEGAL STRATEGIES FOR EU/US LEADERSHIP 2. The political Economy of Transatlantic Trade Disputes 3. MANIFESTLY ILLEGAL IMPORT RESTRICTION AND NON-COMPLIANCE WITH WTO DISPUTE SETTLEMENT RULINGS: LESSONS FROM THE BANANAS DISPUTE 4. Safegueard, Anti-Dumping and Countervailing Duty Disputes in the Transatlantic Partnership: How to Control 'Contingency Protection' More Effectively 5. Industrial Subsidies: Tax Treatment of 'Foreign Sales Corporations' 6. Production and Export Subsedies in Agriculture: Lessons from GATT and WTO Disputes Involving the US and the EC 7. The Trade Disputes Concerning Health Policy Between THE EC AND THE US 8. US-EU Disputes Over Technical Barriers to Trade and the 'Hushkits' Dispute 11. Lessons From the Dispute over the Massachusetts Act Regulating State Contracts with Companies Doing Business with Burma (Myanmar) 13. Strengthening the International Environmental Regime: A Transatlantic Perspective 15. North Atlantic Dispute Settlement for Air Transport 16. Dispute Prevention and Dispute Settlement in the Field of Intellectual Property Rights and Electronic Commerce: US- Section 211 Omnibus Approriations Act 1998 ('Havana CLub') 18. Transatlantic Trade Conflicts anf GATT/WTO Dispute Settlement 19. Renegotiation in Transatlantic Trade Disputes 20. 'Early Warning System' for ispute Prevention in the transatlantic Partnership: Experiences and Prospects 21. Private Parties in EC-US Dispute Settlement at the WTO: Toward Intermediated Domestic Effect 22. STRENGTHENING THE SINEWS OF PARTNERSHIP: RESOLVING AND AVOIDING TRANSATLANTIC ECONOMIC CONFLICTS 23. Preventing and Settling Transatlantic Disputes: The EU, the US and the WTO 24. Policy Recommendations for Dispute Prevention and Dispute Settlement in Transatlantic Relations: Legal Perspectives 26. Preventing and Settling Transatlantic Economic Disputes: Legal Policy and Recommendations from a Citizen Perspective 27. Managing System Fricton: Regulatory Conflicts in Transatlantic Relations and the WTO

Plea bargaining's triumph : a history of plea bargaining in America

Abstract: Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges "victory"; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining's progress and survived.