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Showing papers on "Settlement (litigation) published in 2006"


Book
01 Jan 2006
TL;DR: The role of research in policy advocacy and urban informal settlements in Angola is discussed in this paper, where a review of South African challenges through an international review of the new instrument for upgrading informal settlements is presented.
Abstract: Policy and national programmes: Policy, data and civil society - reflections on South African challenges through an international review the new instrument for upgrading informal settlements in South Africa - contributions and constraints principles, bases and challenges of the National Programme to Support Sustainable Urban Land Regularisation in Brazil informal settlements - infernal and eternal? The role of research in policy advocacy and urban informal settlements in Angola. Contextual challenges: Understanding the complexities of informal settlements - insights from Cape Town clash of civilisations - reflections on the problems of upgrading informal settlements in Ethiopia, Kenya, Swaziland and Zambia an HIV and Aids lens for informal settlement policy and practice in South Africa. The market and security of tenure: Barking dogs and building bridges - a contribution to making sense of Hernando de Soto's ideas in the South African context forced evictions, development and the need for community-based, locally appropriate alternatives: Lessons and challenges from South Africa, Ghana and Thailand market-driven evictions and displacements: Implications for the perpetuation of informal settlements in developing cities. City-level experiences: Informal settlement upgrading in Cape Town - Challenges, constraints and contradictions within local government local governance and social conflict - implications for piloting South Africa's new housing plan in Cape Town's informal settlements the local government challenge of healthy development in informal settlements especially in a time of HIV/Aids slum upgrading in the complex context of policy change - the case of Nairobi.

169 citations


Book ChapterDOI
17 May 2006
TL;DR: In this paper, the authors examined the psychological and sociocultural adaptation of ethnocultural youth with the following broad question in mind: "How well adapted are youth with an immigrant background in their society of settlement?"
Abstract: This chapter examines the psychological and sociocultural adaptation of ethnocultural youth with the following broad question in mind: "How well adapted are youth with an immigrant background in their society of settlement?" It considers how well immigrant youth are doing with respect to psychological well-being, and how satisfied they are with their lives. The chapter looks at the extent of their adjustment in school and their behavioral problems. It discusses the conceptual and empirical background to our broad questions, and the instruments used to measure the constructs. The chapter explains a comparative overview of adaptation patterns across the different countries. It analyses the aptation of immigrant youth in the different societies of settlement. The chapter explores the relationship between the various adaptation outcomes and the factor structure of adaptation. It also explores how the various adaptation outcomes are related to each other and how these relate to the four acculturation profiles identified.

136 citations


Book ChapterDOI
01 Jan 2006
Abstract: The dispute settlement procedure of the World Trade Organization (WTO) is governed by the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). With certain exceptions, the DSU is uniformly applicable to differences that arise in the context of all WTO agreements. In some cases, the “Special or Additional Rules and Procedures Contained in the Covered Agreements” apply (article 1.2 and appendix 2 of the DSU).

132 citations


Journal ArticleDOI
TL;DR: In this paper, the authors argue that mediation helps to resolve a conflict's underlying issues, making mediated settlements more likely to last, and develop a theory that captures these opposing forces, focusing on the conditional effect of mediation on nonstate actors.
Abstract: We argue that a factor widely seen as facilitating cooperation in an international dispute, mediation, is also a sign that a resulting agreement is likely to be short-lived. Mediators get the tough cases, disputes that are most likely to result in short-lived settlements—a selection effect. At the same time, mediation helps to resolve a conflict's underlying issues, making mediated settlements more likely to last—a process effect. We develop a theory that captures these opposing forces—focusing on the conditional effect of mediation on nonstate actors—and taking into account critical aspects of the disputants, conflict, conflict management processes and settlement. Using hazard analysis, Heckman two-stage probit and logistic regression, we statistically analyze over 1,400 settlements drawn from the just released International Conflict Management 2000 data set and also conduct a quantitative case study of mediation tools used in the former Yugoslavia. All analyses find strong support for the opposing effects of mediation; mediated agreements are more likely to be short-lived, unless they involve nonstate actors. This study advances our understanding of selection effects and the factors that lead to short-lived settlements, and provides policy makers and potential mediators a way to establish realistic expectations about the durability of dispute settlements.

107 citations


Posted Content
TL;DR: In this article, the economic analysis of public enforcement of law is surveyed, focusing on the use of public agents (inspectors, tax auditors, police, prosecutors) to detect and sanction violators of legal rules.
Abstract: This entry for the forthcoming The New Palgrave Dictionary of Economics (Second Edition) surveys the economic analysis of public enforcement of law — the use of public agents (inspectors, tax auditors, police, prosecutors) to detect and to sanction violators of legal rules. We first discuss the basic elements of the theory: the probability of imposition of sanctions, the magnitude and form of sanctions (fines, imprisonment), and the rule of liability. We then examine a variety of extensions, including the costs of imposing fines, mistake, marginal deterrence, settlement, self-reporting, repeat offenses, and incapacitation.

97 citations


Patent
12 Oct 2006
TL;DR: In this paper, a common forum for borrowing and lending includes a plurality of remote devices associated with respective potential counterparts, a communications network for permitting communication between the remote devices, and a central server computer.
Abstract: A common forum for borrowing and lending includes a plurality of remote devices associated with respective potential counterparts, a communications network for permitting communication between the remote devices, and a central server computer. Each user enters preferences and data pertaining to what he or she would like to lend or borrow and under what conditions. The central server computer then uses the preferences of lending and borrowing data from each user to identify possible counterparts that might be mutually acceptable based on the preference information. Once a match occurs, the potential counterparts can negotiate through the central server to negotiate some or all terms. After the negotiation is complete, the forum will reveal the counterpart details to both the parties of contract for settlement.

92 citations


Book
01 Feb 2006
TL;DR: Themes and Policy Approaches 1. Is the Past Prologue for Change? 2. Too Little Housing in Policy Critiques Part 2 Cities and Suburbs: Trends and Interpretations 3. Exaggerating City Population Decline 4. Housing and Cities' Prospects 5. Scoping Suburban Decline 6. Discovering Poor Suburb as discussed by the authors.
Abstract: Part 1 Themes and Policy Approaches 1. Is the Past Prologue for Change? 2. Too Little Housing in Policy Critiques Part 2 Cities and Suburbs: Trends and Interpretations 3. Exaggerating City Population Decline 4. Housing and Cities' Prospects 5. Scoping Suburban Decline 6. Discovering Poor Suburbs 7. Do Middle-Aged Suburbs Need to Reinvent Themselves? 8. Discovering Virtues of Old Neighborhoods Part 3 Beliefs and Places 9. Linking Patterns, Beliefs, and Policies 10. The Cul-de-Sac Safety Myth: Housing Markets and Settlement Patterns 11. The Myth of Exurban Safety and Rational Location Decisions 12. The Past and Future of Small House Neighborhoods 13. Can Local Policies Make a Difference? 14. Prospects for Stability and Revival

84 citations


Journal ArticleDOI
01 Aug 2006
TL;DR: In this paper, the authors analyze the settlement of Bolivian immigrants in Sao Paulo, focusing on the difficulties they face in their trajectories in the city, as well as on their strategies for economic mobility and social recognition, which are developed in an adverse environment characterized by lack of proper documentation and by racial and social discrimination.
Abstract: THIS PAPER aims to analyze the settlement of Bolivian immigrants in Sao Paulo, focusing on the difficulties they face in their trajectories in the city, as well as on their strategies for economic mobility and social recognition, which are developed in an adverse environment characterized by lack of proper documentation and by racial and social discrimination.

79 citations


Book
01 Jan 2006
TL;DR: The culture of local xenophobia and local attachment is discussed in this article, where the author discusses the importance of local attachment in the formation of parishes and their relationship with the local community.
Abstract: Contents: Preface and acknowledgements; 1. Introduction - belonging and local attachment; 2. The culture of local xenophobia; 3. Settlement, parochial belonging and entitlement; 4. Rural societies and their marriage patterns; 5. 'A cruel kindness': parish out-door relief, and the new poor law; 6. Nailed to the church door? Parish overseers and the new poor law; 7. Three centuries of new parishes; 8. 'Of this parish': gravestones, belonging and local attachment; 9. Conclusion - belonging, parish and community; Select bibliography.

75 citations


Journal ArticleDOI
TL;DR: This paper provided the statistical and background material for an understanding of the South Asian Diasporic communities in contemporary Britain, drawing on the results of the British Census 2001, which gives precise data for the first time on the religious as well as ethnic composition of South Asian communities.
Abstract: This paper provides the statistical and background material for an understanding of the South Asian Diasporic communities in contemporary Britain. The article draws on the results of the British Census 2001, which gives precise data for the first time on the religious as well as ethnic composition of South Asian communities. The paper discusses the rather narrow set of source areas in the subcontinent and East Africa, and the similarly narrow set of destination areas of Indians, Pakistanis and Bangladeshis in Britain. The socio-economic profiles of the ethno-religious communities are examined, and the divergent economic fortunes of Hindus, Sikhs and Muslims are discussed. The economic consequences of the desire in Muslim communities to protect women from the outside world also are noted.

74 citations


Journal ArticleDOI
TL;DR: In this paper, the authors investigated the impact of the privatization of solid waste management on the sustainability of the associated recycling economy and urban settlement system of the garbage collectors communities (Zabaleen) located within the Muqattam mountain area which is adjacent to Cairo's old historical quarters.


Journal ArticleDOI
01 Oct 2006-Hesperia
TL;DR: The Eastern Korinthia Archaeological Survey (EKAS) as mentioned in this paper investigated a 350 km 2 region east of the ancient city of Corinth, focusing primarily on the northern Corinthian plain.
Abstract: From 1997 to 2003, the Eastern Korinthia Archaeological Survey (EKAS) investigated a 350-km 2 region east of the ancient city of Corinth, focusing primarily on the northern Corinthian plain. EKAS developed an interdisciplinary methodology that emphasizes novel applications of geological science, computer-based knowledge systems, and strategies for fieldwork and collaboration among experts. In this article, the research philosophies and methods are presented and their application illustrated with results from the survey. The historical development of one settlement, Kromna in the northern Corinthian plain, is examined in detail to demonstrate the interpretive potential of data collected by these methods.


Patent
21 Dec 2006
TL;DR: In this article, a method of operating a computer system includes storing attributes of a buying organization, vendors, invoices and/or line-item details from invosices in one or more databases.
Abstract: A method of operating a computer system includes storing attributes of a buying organization, vendors, invoices and/or line-item details from invoices in one or more databases. Rules are established for selecting settlement options for the invoices. The rules are applied such that the computer system selects a first one of the settlement options to settle a first one of the invoices rendered by one of the vendors, and the computer system selects a second one of the settlement options to settle a second one of the invoices rendered by that vendor.


Journal ArticleDOI
TL;DR: This article used viewshed analysis to determine how the natural and political landscapes affected the settlement location choices of the Late Woodland and early Historic Onondaga Iroquois, and found that proximity to critical resources and defensibility both factored into the decision of where communities would place villages.
Abstract: A multitude of factors, ranging from environmental to ideological, determine where human settlements are placed on the landscape. In archaeological contexts, finding the reasons behind settlement choice can be very difficult and often requires the use of ethnographic analogies and/or modeling in a geographic information system (GIS). Archaeologists have used one particular GIS-based method, viewshed analysis, to examine site features such as defensibility and control over economic hinterlands. I use viewshed analysis in this case study to determine how the natural and political landscapes affected the settlement location choices of the Late Woodland and early Historic Onondaga Iroquois. Proximity to critical resources and defensibility both factored into the decision of where communities would place villages. Although this study shows that resources, such as productive soils, had a more significant effect on settlement choice, Iroquois communities were also taking measures to maintain the defensibility of their villages. This examination displays how GIS analyses in archaeology can go beyond the statistical results and help us understand past behavior.

Book
03 Aug 2006
TL;DR: In this paper, the census is used to count the animals in Fayum and the salt tax and other taxes are used to name the people in the Fayum region of Egypt.
Abstract: 1. Ptolemies, taxes and papyri 2. The census 3. The salt-tax and other taxes 4. Settlement in the Fayum 5. The people counted 6. Counting the animals 7. Family matters 8. Naming the people 9. Conclusion Appendix Bibliography Index.

Journal ArticleDOI
TL;DR: In this paper, the authors used the landscape approach as a means of supplementing existing information about Middle Paleolithic settlement patterns and discussed the problems inherent with established site typologies and some of the settlement models that have been proposed in the past.

Journal Article
TL;DR: Hansen and Vaa as discussed by the authors discuss the importance of housing and land claims to urban political activism and discuss the role of community associations in the development of urban spaces and neighborhoods in sub-Saharan Africa.
Abstract: Reconsidering Informality: Perspectives from Urban Africa. Edited by Karen Tranberg Hansen and Mariken Vaa. Uppsala: Nordiska Afrikainstitutet, 2004. Pp. 235. £16.95/ euro 25/ SEK 250 paper. This book draws its content from the June 2000 conference "Cities, Governance, and Civil Society in Africa: Formal and the Informal City" held in Copenhagen. The volume's strength lies in its synthetic approach to the study of urban planning, urban politics and informal economies, the large number of contributions from African scholars, and relevance to academics as well as practitioners. The Hansen and Vaa's Introduction (Ch. 1) provides an extensive review of issues related to urban space and settlement. The theme of housing and household security runs through the book as a whole and includes consideration of a range of settlement types: from the make-shift structures of impoverished urban dwellers (Ch. 3) to largely informal yet long-standing middle class settlements (Ch. 9, 11) and elite peri-urban neighborhoods (Ch. 8, 20). In nearly all of these cases it becomes apparent that informal settlements (of whatever ilk) endow urban space with added value, spurring the development of infrastructure, attracting investment and enterprises and inspiring cross-class interactions and alliances. The case studies equally recount the importance of housing and land claims to urban political activism. Tati's study of fishing communities of Congo's Point-Noire (Ch. 2) examines the mobilization of migrant fisherman around property rights and the concessions they receive from state agencies, longersettled neighbors and even multinationals oil companies. In the Durban settlements-once squatter camps and now middle class neighborhood-described by Nustad (Ch. 3) longstanding civic associations command the attention of post-apartheid government agents and planners. Nustad describes the way the growing clout of these associations inspires rivalry among community factions, politicizing an earlier participatory agenda. In contrast, in Burra's study of suburban development in Dar es Salaam (Ch. 8) community based organizations remain at the forefront of participatory planning in interaction with government authorities. Far from formalized or systematic, these efforts are typically ad hoc, made possible largely by the elite status of some community residents. Kamau and Gitau (Ch. 9) trace the gradual legitimation of an informal middle class settlement in Nairobi's urban core and the rising value and recognition of land and householding rights. They likewise note the community's continued dependence on political patronage. Leduka's research on illegal subdivision of peri-urban lands in Lesotho (Ch. 10) similarly reveals the arbitrary influence of state officials and the concerted resistance of residents to the often arcane legal provisions surrounding land acquisition. Abbot (Ch. 11) looks to the way residents of Cape Town's informal settlements appeal not to state authorities but to technical experts within local universities for urban planning advice and inputs. …


Journal ArticleDOI
TL;DR: This paper examined the 19th century Jewish immigrant quarters of Manchester and Leeds using original census data to look at the entire population of the two areas of initial settlement Analysis of family and kin structure, occupations of head of household, country of origin and length of time in the country as well as analysis of the settlement patterns at the street level are combined to examine the phenomenon of immigrant clustering.
Abstract: This paper examines the 19th century Jewish immigrant quarters of Manchester and Leeds It uses original census data to look at the entire population of the two areas of initial settlement Analysis of family and kin structure, occupations of head of household, country of origin and length of time in the country as well as analysis of the settlement patterns at the street level are combined to examine the phenomenon of immigrant clustering It is concluded that the complex social and economic processes involved in the establishment of a new migrant community in its host society result in spatial clustering and that spatial clustering in close proximity to sources of income is critical in enabling future integration of the immigrant group

Journal Article
TL;DR: In this article, the role played by the courts in the patent system was examined by examining a set of patent cases in great detail, and a new database based on court docket reports for all patent cases filed in 1995 and 1997 and tracked the evolution of these cases through to settlement or adjudication on the merits.
Abstract: In this article, we attempt to answer some fundamental questions regarding the role played by the courts in the patent system by examining a set of patent cases in great detail. To this end, we have constructed a new database based on court docket reports for all patent cases filed in 1995 and 1997 and tracked the evolution of these cases (about 3700 cases) through to settlement or adjudication on the merits. The focus of this effort is on keeping track of a number of variables to understand the precise disposition of each case. We have also tracked different characteristics in order to estimate patent litigation costs in each case. For instance, we note the amount of time taken by each case through to final disposition. In addition, we have devised a new proxy for measuring costs - the number of documents filed by all the parties in each case - which we believe is more closely correlated with actual litigation costs than the traditional measures of time expended and the stage of termination in each case. Our results show that many more patent cases are adjudicated on the merits (either at the pre-trial stage through a grant of summary judgment or at trial) than is commonly thought. This work is one of the few scholarly efforts in empirical litigation scholarship that can actually estimate this amount because most other papers rely exclusively on the imprecise categorization of the Administrative Office of U.S. Courts to determine case outcomes. Our results demonstrate that in addition to the small number of patent cases going to trial (about 5%), another significant percentage of cases (about 8-9%) are resolved on the merits through summary judgment. Consequently, summary judgments are important in patent cases for determining patent validity and infringement, and the summary judgments related to patent validity occur earlier in the litigation compared to summary judgments related to patent infringement. This result is somewhat encouraging given the important role played by the courts in revoking patent rights improvidently granted at the outset by the PTO. Nevertheless, despite the fact that such rulings occur early in the proceedings compared to patent trials, we should still be concerned about the huge transaction costs associated with patent litigation because summary judgments in general, and summary judgment based on invalidity in particular, are expensive compared to summary judgments granted on other grounds. In addition, there is a significant difference in duration and number of documents filed in cases resolved through summary judgment for the 1997 filed cases compared to the 1995 filed cases. This is consistent with the changes brought about by the Markman decision that invigorated claim construction as a threshold legal issue in patent litigation. The increased importance placed on first construing the claims before addressing infringement or invalidity after Markman necessitates that significant resources be allotted to the step of claim construction before (or concurrent with) filing motions for summary judgment. Overall, our results show that transaction costs associated with patent litigation loom large, and rulings on the merits by the courts concerning patent validity, patent infringement, and remedies for infringement (i.e., injunctive relief or damages) are rare, expensive, and not pursued to completion by most litigants. Instead, most patent cases settle fairly quickly (about 12-15 months) after the filing of the complaint, thereby reducing the actual cost of patent litigation considerably. This work has significant implications for all civil litigation in general, and for recent efforts to reform the patent system by either improving patent quality through new administrative procedures at the PTO or for substantive patent law reform. Our results strongly suggest that patent litigation is largely a settlement mechanism, and hence, any proposed change in the patent laws should be analyzed in terms of the incentives generated for prompt settlement of patent disputes. In addition, entities and interest groups seeking cheaper and/or a greater number of patent rulings concerning validity and infringement will be wise to look elsewhere, perhaps at other patent institutions such as the PTO or at other alternative dispute resolution (ADR) mechanisms that complement the courts.

Posted Content
TL;DR: The first study to quantify the cost of smoking in this way, or in such depth, this accessible book adds a weapon to the arsenal of antismoking messages but also provides a framework for assessment that can be applied to other health behaviors.
Abstract: What does a pack of cigarettes cost a smoker, the smoker's family, and society? This longitudinal study on the private and social costs of smoking calculates that the cost of smoking to a 24-year-old woman smoker is $86,000 over a lifetime; for a 24-year-old male smoker the cost is $183,000. The total social cost of smoking over a lifetime—including both private costs to the smoker and costs imposed on others (including second-hand smoke and costs of Medicare, Medicaid, and Social Security)—comes to $106,000 for a woman and $220,000 for a man. The cost per pack over a lifetime of smoking: almost $40.00. The first study to quantify the cost of smoking in this way, or in such depth, this accessible book not only adds a weapon to the arsenal of antismoking messages but also provides a framework for assessment that can be applied to other health behaviors. The findings on the effects of smoking on Medicare and Medicaid will be surprising and perhaps controversial, for the authors estimate the costs to be much lower than the damage awards being paid to 46 states as a result of the 1998 Master Settlement Agreement.


Book
01 Jan 2006
TL;DR: In this article, the authors present a history of the margins in the borderland and discuss the role of chieftaincy in the history of borderland. And they present a mapping of settlement.
Abstract: 1. History of the margins 2. Nature of the borderland 3. Politics of chieftaincy 4. Mapping of settlement 5. Culture of demarcation 6. Margins in history.


Journal ArticleDOI
TL;DR: In this paper, the authors explored the role of apologies in legal settlement negotiation and found that the nature of the apology itself, as well as the factual circumstances surrounding the incident, may play important roles in how apologies are understood.
Abstract: This study uses experimental methods to explore the role of apologies in legal settlement negotiation. Specifically, the study examines the influences of apologies on disputants' perceptions, and the effects of apologies on a number of judgments that influence negotiation outcomes—settlement levers such as reservation, aspirations, and judgments of fair settlement amounts. Five-hundred-fifty-six participants were asked to take the role of potential plaintiffs, to provide their reactions to an experimental scenario, and to indicate the values they would set for each settlement lever. The nature of the communication with the offender and the description of the evidentiary rule governing the admissibility of the offender's statement were manipulated. The data suggest that apologies can promote settlement by altering the injured parties' perceptions of the situation and the offender so as to make them more amenable to settlement discussions and by altering the values of the injured parties' settlement levers in ways that are likely to increase the chances of settlement. The results suggest further, however, that the nature of the apology itself, as well as the factual circumstances surrounding the incident, may play important roles in how apologies are understood.

Posted Content
TL;DR: In this paper, the authors examine the pay-for-delay dilemma as a problem in regulatory design and conclude that such settlements are properly condemned as unreasonable restraints of trade, and illustrate two mechanisms by which an industry-specific regulatory regime shapes the scope of antitrust liability: by creating (or limiting) opportunities for anticompetitive conduct as a practical economic matter, and by guiding as a legal matter the vigor of antitrust enforcement in addressing that conduct.
Abstract: Over the past decade, drug makers have settled patent litigation by making large payments to potential rivals who, in turn, abandon suits that (if successful) would increase competition. Because such "pay-for-delay" settlements postpone the possibility of competitive entry, they have attracted the attention of antitrust enforcement authorities, courts, and commentators. Pay-for-delay settlements not only constitute a problem of immense practical importance in antitrust enforcement, but also pose a general dilemma about the proper balance between innovation and consumer access.This Article examines the pay-for-delay dilemma as a problem in regulatory design. A full analysis of the relevant industry-specific regulatory statute, the Hatch-Waxman Act, yields two conclusions. First, certain features of the Act widen, often by subtle means, the potential for anticompetitive harm from pay-for-delay settlements. Second, the Act reflects a congressional judgment favoring litigated challenges, contrary to arguments employed to justify these settlements. These results support the further conclusion that pay-for-delay settlements are properly condemned as unreasonable restraints of trade. This analysis illustrates two mechanisms by which an industry-specific regulatory regime shapes the scope of antitrust liability: by creating (or limiting) opportunities for anticompetitive conduct as a practical economic matter, and by guiding as a legal matter the vigor of antitrust enforcement in addressing that conduct.

Posted Content
TL;DR: There is a recursive relationship between the judicialization of international trade relations and the development of public-private partnerships in the EU to address international trade claims as discussed by the authors, and the more legalized international trading system creates stronger incentives for well-placed private actors to engage public legal processes.
Abstract: There is a recursive relationship between the judicialization of international trade relations and the development of public-private partnerships in the EU to address international trade claims The more legalized international trading system creates stronger incentives for well-placed private actors to engage public legal processes At the same time, to litigate effectively in the WTO system, government officials need the specific information that businesses and their legal representatives can provide Officials therefore strive to establish better working relations with industry on trade matters As a result, the EU's decision-making process for the investigation, litigation and settlement of trade claims has become a dynamic, ad hoc, hybrid, multi-tiered process in which private interests are deeply implicated The process is neither purely intergovernmental nor purely private, but rather involves public-private networks operating in the shadow of international trade law The process changes and adapts through trial and error