Amicable Agreement Research Articles

Notice of disputed authorship to: Vitamin C supplementation reconstitutes polyfunctional T cells in streptozotocin-induced diabetic rats

European Journal of Nutrition and its editorial staff are deeply committed to publishing integrity and follow the guidelines of the Committee on Publication Ethics (COPE) and therefore are obliged to inform the readership about the continuous authorship dispute pertaining this article. Specifically, Dr. Saleh Alwasel’s name was excluded at the proof correction stage by the corresponding author, Dr. Gamal Badr. Dr. Alwasel contacted the publisher when he found the article published online first without his name on it. The publisher asked the authors to solve this dispute and included the COPE recommendations on settling author disputes for their advice, but unfortunately, an amicable agreement could not be reached until now. The publisher and editorial staff of the European Journal of Nutrition are not in a position to settle this conflict, but feel impelled to inform the readers about the status quo.

Shaming Trademark Bullies

In September 2009, Hansen Beverage Company sent Rock Art Brewery a letter demanding that Rock Art cease and desist its use of “VERMONSTER” as a trademark for beer. Hansen is a multi-million dollar beverage corporation and Rock Art Brewery is a small brewing company owned by a husband-and-wife team based in Vermont. Hansen’s gravamen was that Rock Art’s “VERMONSTER” beer allegedly infringed on Hansen’s “MONSTER ENGERY” trademarks. Instead of capitulating, Rock Art Brewery fought back, taking to the virtual streets of the internet and galvanized public sentiment against Hansen’s. The end result was an amicable settlement agreement that allowed Rock Art to continue its use of “VERMONSTER” as it had before. Rock Art’s success highlights a growing phenomenon in trademark law: the use of shaming by small businesses to defend itself against a trademark bully. To date, most scholarly work on curtailing the over enforcement of trademarks has been focused on legal means, such as developing stronger defenses to infringement. While this is important and meaningful work, focusing on purely legal means may not assist small businesses or individuals who have no access to legal resources in the first instance. The goal of this Article is to complement the work being done by these scholars and suggest that shaming can be an effective, pre-litigation tool to combat trademark bullies. Since shaming is currently not guaranteed to be effective or available to all small businesses and individuals, this Article suggests a number of legal reforms that could be undertaken in order to maximize the availability of shaming, as well as assist in effective shaming.

Brazilian Small Claims Courts and Effectivennes of Justice: An Empirical Research

The purpose of this paper is to assess the guarantee of qualified access to justice (article 5, items XXXV, and LXVIII, of the Federal Constitution) promoted by the State Special Civil Courts, and has been guided by three parameters: effectiveness, adequacy and reasonable length of process. The grounds for such analysis is based on empirical data, new in their majority, gathered from the data in the National Research on Special Civil Courts of the CEBEPEJ (Brazilian Center for Legal Studies and Research) and intents to objectively gauge the quality of services offered in the Small Claims Courts to the population. First of all, the paper develops the overview of the Special Civil Courts, describing its origins, purposes and main characteristics. As from this introductory explanation and from the preparation of theoretical-explanatory models, the subsequent sections assess the empirical data on the Special Civil Courts. Section II investigates the adequacy of services offered by the Small Claims Courts, by means of its operation in the settlement, further investigating the influence of the nature of the demand and composition of litigants in the settlement rates obtained. Section III deals with the timelines for lawsuits as they progress in Courts, making contrasts with the legally established terms. Finally, Section IV examines the effectiveness of the Special Courts, aiming at quantifying the cases in that, at the end of the lawsuits, the party in fact receives the resources to which such party is entitled - be it due to a favorable decision, or arising from an amicable agreement.

Sulh and the 18th Century Ottoman Courts of Üsküdar and Adana

AbstractThis article explores and compares cases of sulh (amicable agreement) that are documented in the records of two Ottoman courts—one in Üsküdar, the other in Adana—in the second half of the 18th century. As a dispute resolution practice, sulh draws on three normative systems: shari'a, kanun and 'örf. An abundance of references to sulh agreements in court records testifies not only to the importance of this social practice, but also to complex interrelations between the three normative systems. Sulh documents provide evidence of the interrelation between the shari'a court and other legal arenas. The judges in both Üsküdar and Adana viewed sulh agreements—even those concluded privately and outside of court—as valid and binding. There were, however, significant differences between the two courts regarding the sulh cases; these differences highlight the connection between the location of the court and its specific legal culture.

Was gibt es Neues für die Rheumatologie im G-DRG-System 2007?

After extensive revision the partners of the self-administration"Selbstverwaltung" reached an amicable agreement on the new version 2007 of the G-DRG system. Like in the years before, version 2007 brings about large-scale changes for its users. A better representation of inpatient services in Germany combined with an improved economic homogeneity and appropriateness can be assumed. This is based on various factors, e. g. considerably increased data-quality and the optimization of technical influences on the system. Due to the rising level of complexity it is hardly possible to maintain a clinically homogeneous classification on the basis of G-DRGs. There is need [This calls] for a new approach in strategic matters. Various initiatives succeeded in a continuous improvement how the services provided by specialised rheumatologic clinics and departments are represented in the G-DRG system. Meanwhile, even under the pressure caused by the period of convergence, quality standards were focused on as well. The systematic changes of version 2007 as well as modifications concerning co-payments, coding and accounting rules relevant for rheumatologic clinics are presented and the consequences for users are discussed.

A Diplomacy of Dreams: Jean Rouch and Decolonization

An invaluable record of West African societies during an unprecedented period of change. A seminal contribution to the development of cinema verit&. Jean Rouch's filmic oeuvre is both of these things, but it also stands as a testament to an unwavering faith in the transformative power of fantasy and play. Indeed, placed in historical perspective, much of Rouch's work reflects the effort to channel this power through film and to use the process of filmmaking itself as a visionary form of political engagement. This is perhaps especially true of La pyramide humaine (The human pyramid; 1961), which, like Rouch's other films made during the period of decolonization, is an explosive combination of avant-garde aesthetics and progressive politics (Feld 2003:8).1 Begun in summer 1959 and completed in spring 1960, Pyramide's production coincided with the dramatic climax of independence movements in Francophone Africa. Between September 28, 1958, and October 18, 1960, France divested itself of 15 African colonies, ending its sub-Saharan empire (Launay 1968:160). In 1960, as the question of redefining the relationship between colonizer and colonized loomed large, President de Gaulle proclaimed, I consider it absurd and ruinous for colonial people to base their new achievements on the rupture with countries that preceded them in civilization, and opened it to them.... Will these new-born sovereignties, these young sovereignties, be acquired and exercised at the expense of the former colonizer... or through amicable agreement and cooperation? (Perville 1993:203). Anxious to reaffirm France's continuing role as a global power and lay claim to expanding postcolonial markets, he championed a paternalistic status quo of friendly cooperation with Africa. Meanwhile, the Algerian war cast a pall over French foreign policy. In 1961, as fighting continued, Frantz Fanon published The Wretched of the Earth-both a partisan chronicle of the Algerian insurrection, and an optimistic statement of postcolonial chiliasm (Fanon 1991). He characterized decolonization as a total rupture, both politically and spiritually, between the colonizer and the colonized, in which violence acts as a cathartic ritual process, allowing once subjugated peoples to become agents in the undoing of colonial dehumanization. In an earlier work, Black Skin, White Masks, Fanon eloquently described the emergence of a postracist world in terms of blacks and whites distancing themselves from the voices of their ancestors so that an

Missing Contracts: On the Rationality of Not Signing a Prenuptial Agreement

Many couples do not sign prenuptial agreements, even though this often leads to costly and inefficient litigation in case of divorce. In this paper we show that strategic reasons may prevent agents from signing a prenuptial agreement. Partners which have high productivity in marital activities wish to signal their type by running the risk of a costly divorce. Hence this contract incompleteness arises as a screening device. Moreover, the threat of costly divorce is credible since the lack of an ex-ante agreement leads to a moral hazard problem within the couple, which induces partners to reject any ex-post amicable agreement, under specific circumstances. We also investigate conditions that make this contract incompleteness an optimal form of contracting and we briefly discuss the effects of enforceable and/or mandatory premarital agreements on the rate of divorce and on the social welfare. Finally, our model suggests that there is no major objection in making prenuptial agreements enforceable, but also that there are not good reasons to make them mandatory.

Breaking up Is Hard to Do: Allocating Fees from the Unfinished Business of a Professional Corporation

Today, lawyer mobility is the norm rather than the exception.1 No longer can a freshly minted lawyer expect to stay with one law firm from law school graduation until election to partnership. This increased mobility is paralleled by a rapid rise in the number of law firm breakups.2 While many attorneys who practice together reach an amicable agreement to go their separate ways, the acrimony involved in some breakups is legendary. In one breakup, departing partners drove up in a van in the dead of night and swiped away client files.3 In another, a lawyer physically attacked his partner and threw him out of their office.4 In addition to engendering bitter feelings among the parties involved, breakups frequently result in disputes that cost hundreds of thousands of dollars in legal fees and drag on for decades.5 The most significant of these legal disputes involves the division of fees and responsibilities from the firm's ongoing business between the firm's continuing members and those who withdraw. Out of either carelessness or a simple unwillingness to plan for the worst, law firms often fail to adopt in advance a written agreement spelling out the division of this unfinished business, leaving courts to allocate the fees and responsibilities. Courts

Political Science and the 21st Century: From Government to Governance

Dorff, Robert H. and Jiirg Steiner. 1987. Decision Cases in Western Democracies: A Data Bank. Comparative Political Studies 20: 160-73. Edelman, Murray. 1988. Skeptical Studies of Language, the Media, and Mass Culture. American Political Science Review 82: 1333-39. Etzioni, Amitai. 1989. The 'Me First' Model in the Social Sciences Is Too Narrow. The Chronicle of Higher Education 35 (February 1): p. 44. Galston, William A. 1988. Liberal Virtues. American Political Science Review 82: 1277-90. Huntington, Samuel P. 1988. One Soul at a Time: Political Science and Political Reform. American Political Science Review 82: 3-10. Marwell, Gerald and Ruth Ames. 1981. Economists Free Ride. Does Anyone Else? Experiments in the Provision of Public Goods. Journal of Public Economics 15: 295-310. McKay, David. 1988. Why Is There a European Political Science? PS: Political Science & Politics 21: 1051-55. Riker, William H. 1962. The Theory of Political Coalitions. New Haven: Yale University Press. Steiner, Jiirg. 1974. Amicable Agreement Versus Majority Rule. Conflict Resolution in Switzerland. Chapel Hill: University of North Carolina Press. About the Author

La démocratic semi-directe en Suisse: entre la théorie et la réalité: 1879–1987

AbstractThe semi-direct democracy in Switzerland during the period 1879-1987 is a favourable ground for checking some assumptions related to the theory of participatory democracy such as those involving the inherent characteristics of the popular majority. This article presents a comparative description of the specific features of the referenda votes and general elections in representative democracies. Some aspects of the political behaviour in the Swiss cantons and at the federal level are analyzed as are the fluctuations in referenda participation in relation to institutional factors, competition intensity and the number of signatures collected. Different aspects of amicable agreement democracy, the functioning of interest groups and their relationship to the level of participation are subjects of comprehensive discussion.

Participants Assess the Louisiana Consent Decree

W illiam B. Reynolds, Assistant Attorney General for Civil Rights in the U.S. Justice Department in 1983, suggested in a speech that year that the Louisiana Consent Decree (LCD) exemplified the Reagan administration's record in enforcing civil rights statutes that apply to higher education. According to Reynolds, Louisiana entered into an amicable agreement to preserve Black institutions rather than discontinuing them or merging them with White colleges (Reynolds, 1983). Signed into effect in 1981 and continuing through 1987, the LCD aims to insure that Louisiana's system of public higher education is operated on a unitary basis. It provides for crossenrollments of students of nearby predominantly Black and predominantly White schools and works to strengthen Black colleges, though it pulls back from previous efforts to force mass integration of faculties and student bodies. Given the LCD'S expiration date in 1987, evaluations of its impact recently began.

The Problem of Morality and Power in the Politics of West Germany

ELECTIONS HAVE ALWAYS CONSTITUTED A PARTICULARLY sharp rupture to the general character of the West German political process, which depends heavily on accommodation by elite negotiation. In the arenas of parliamentary and executive politics a pervasive style of amicable agreement exists at elite levels, and the political value of Sachlichkeit (objectivity) remains important. Hence, in the legislative period 1976–80 over 90 per cent of legislation passed the Bundestag unanimously. An inquisitorial, as opposed to adversary, style of politics plays an important role in the work of the powerful committees of the Bundestag and the Bundesrat, the two legislative chambers in Bonn. Accordingly, and by contrast, elections tend to take on a remarkably dramatic character, even if, as in 1980, there appears to be little polarization of opinion about concrete issues of policy. British politics is, of course, characterized by the influence of the arena of electoral politics, of the ‘cut-and-thrust’ of competitive adversary politics, on other arenas of politics.

Decision by Interpretation: A New Concept for an Often Overlooked Decision Mode

This paper deals with political decision making in face-to-face groups. We begin by considering the range of decision modes available in group situations. It may seem that there is a choice between only two: a group may resolve a conflict either in a competitive way through the application of the majority principle or in a co-operative way in the sense of accommodation and amicable agreement. However, there is a third decision mode which is often overlooked in the literature: decision by interpretation. We have coined this term in a recent study of intra-party decision making in the Swiss Free Democratic party. The purpose of the present paper is to describe the main properties of the new concept and to demonstrate that its application goes far beyond intra-party decision making and the cultural context of Switzerland. In a broader project about political decision modes in general we have put the concept of decision by interpretation into a theoretical context, examining both its causes and consequences. Here, we shall limit ourselves to a few considerations about the direction in which we have developed the theory.

Grundtvig og hans samtids tænkemåde. Overvejelser over Grundtvigs stilling i dansk åndsliv

Grundtvig og hans samtids tænkemåde. Overvejelser over Grundtvigs stilling i dansk åndsliv

Jürg Steiner, Amicable Agreement Versus Majority Rule: Conflict Resolution in Switzerland. Chapel Hill: University of North Carolina Press, 1974, pp. xiii, 312

Jürg Steiner, Amicable Agreement Versus Majority Rule: Conflict Resolution in Switzerland. Chapel Hill: University of North Carolina Press, 1974, pp. xiii, 312

Amicable Agreement versus Majority Rule: Conflict Resolution in Switzerland.Jurg Steiner

Amicable Agreement versus Majority Rule: Conflict Resolution in Switzerland.Jurg Steiner

Amicable Agreement Versus Majority Rule: Conflict Resolution in Switzerland.Jürg SteinerThe Death of Communal Liberty: A History of Freedom in a Swiss Mountain Canton. Benjamin R. Barber

Previous articleNext article No AccessBook Section Jürg Steiner Amicable Agreement Versus Majority Rule: Conflict Resolution in Switzerland. Jürg Steiner The Death of Communal Liberty: A History of Freedom in a Swiss Mountain Canton. Benjamin R. Barber Keith LeggKeith Legg Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by The Journal of Politics Volume 37, Number 2May, 1975 Sponsored by the Southern Political Science Association Article DOIhttps://doi.org/10.1017/S0022381600041347 Views: 2Total views on this site Copyright 1975 Southern Political Science AssociationPDF download Crossref reports no articles citing this article.

Why hostility among subcultures? An explanatory model and some applications to the european community

Political systems with strong subcultural segmentation often experience great hostility among their subcultures. However, some systems with strong subcultural segmentation have a low level of inter‐subcultural hostility. This article tries to explain such variations. The explanatory model has as its key variable a system's predominant pattern of decision making, in democracies either majority rule or amicable agreement. It is hypothesized that amicable agreement is more probable (1) the greater the number of crosscutting cleavages (with no sub‐culture in a hegemonial position), (2) the more the decision‐making process is restricted to top political leaders, (3) the lower the circulation in political leadership positions, and (4) the more role expectations in politics coincide with those in other social fields. Frequent decisions by amicable agreement will not necessarily result in low levels of inter‐subcultural hostility. The majoritarian model also has severe limitations, so a mixture of the two models ...