This chapter explores a global panorama of settlement projects by French émigrés in the 1790s. These projects – partly realized, planned, or imagined – aimed at transforming the émigré diaspora into defined territories. Situated between the Americas, the Caribbean, North Africa, the Russian Empire, and Australia, these projects allow, on the one hand, for analysis of the émigrés’ political options and spatial imaginaries of exile in relation to political loyalty and the possibility of a return to France. On the other hand, they highlight the émigrés’ strategic and situational relationship toward French, British, and Spanish imperialism and colonial slavery. Such a spatialized perspective on political migration helps in reconsidering the agency of French émigrés. No longer appearing as “absentees” from the revolution, their mobility and awareness about the global impact of the “age of emigrations” provided them with alternative options to the radicalizing revolution in France that also impacted the post-revolutionary order.

This chapter deals with agreements among rivals not to hire one another’s employees. These agreements are known as “no-poaching” agreements and have been found in a number of labor markets. There have been numerous instances of employers agreeing to refrain from hiring one another’s employees. This, of course, depresses the demand for these employees and thereby puts a lid on compensation. In this chapter, we review some prominent cases involving (1) hardware and software engineers, (2) digital animators, (3) medical school faculty, (4) physical therapists, and (5) professional athletes.

For the most part, the suits filed by the Department of Justice have been resolved. Many of the private suits filed by the antitrust victims have been settled, but some are still pending. The chapter also explores the enforcement policies of the antitrust agencies which are provided in the Antitrust Guidance for Human Resource Professionals. We will also provide an extended analysis of no-poaching agreements in professional sports.

Volume 1 of The Cambridge History of Global Migrations documents the lives and experiences of everyday people through the lens of human movement and mobility from 1400 to 1800. Focusing on the most important typologies of preindustrial global migrations, this volume reveals how these movements transformed global paths of mobility, the impacts of which we still see in societies today. Case studies include those that arose from the demand for free, forced, and unfree labor, long- and short-distance trade, rural/urban displacement, religious mobility, and the rise of the number of refugees worldwide. With thirty chapters from leading experts in the field, this authoritative volume is an essential and detailed study of how migration shaped the nature of global human interactions before the age of modern globalization.

A century after the Emancipation Proclamation and the 13th, 14th, and 15th amendments, Julian Bond observed in the 1970s that what passes for public education in the South has been a distressing and dehumanizing process for black children. Despite this indisputable fact, the black working rural poor, who cleaned the toilets, picked the cotton, logged the timber, cared for whites’ children, and cooked the meals of the white leisurely class, believed in educating their children. However, segregated public schools, even good ones with value-added teachers, were built sideways, to affirm the present rather than confront public dispossession. Still, they were, for many, places of heterogeneity, populated by blacks of all classes, aspirations, and hues, environments where Lonnie, Matthews, Clementine, and Williams and their children were poised to learn. Schoolmates whose parents were part of the tiny middle class, those whose parents were among the ambitious working class, and the teachers who believed in and challenged them, as best they were able, to orient children’s imaginations toward the future. Some individuals and organizations worked to support these aspirations.

In this chapter, Kearns traces the novel politics and communities developing in the neighboring Vasilikos and Maroni river valleys, to the east of the town of Amathus. Their commonly described position as a marginal hinterland provides an opportunity to explore rural dynamics at multiple registers. Survey data and rescue excavations form an evidentiary dataset with which to interrogate the generative ties between clusters of settlements and Amathus that produced unruliness across variable and interconnected scales. One critical theme is continuity and impermanence, and the differentiated patterns of access, appropriation, and management taken up by groups returning to sites of prehistoric and protohistoric occupation. Another is social stratification, which entails the development of local autonomous figures, potential community leaders, or members with elevated status. These actors advanced special relationships with Amathusian authorities and local groups through the construction of gathering places such as cemeteries and shrines. The chapter situates these dynamics in habitation, non-quotidian activity, and land use within a framework of a small near-shore world entangling rural sites with maritime economies.

This chapter provides an overview of the antitrust laws. We begin with some historical background and move on to explore the economic rationale for having a public policy that protects and promotes competition. The pertinent sections of the Sherman Act, the Clayton Act, and the Federal Trade Commission Act are presented, and their coverage is explained briefly. The importance of both public and private enforcement efforts is discussed.

A promising solution is to handle the problem of contribution in a contractual way. Antitrust infringers could conclude an agreement which would determine the amount of their relative liabilities regarding antitrust infringement. The freedom to determine relative shares of liability may yet be viewed reluctantly from a public policy perspective. It is claimed that liability sharing agreements constitute anticompetitive arrangements, they stabilize cartels, weaken the enforcement of competition law and have a negative impact on settlements. This Chapter reveals that these statements are mostly incorrect, being applicable to US antitrust law rather than EU one. The Chapter makes a positive case for liability sharing agreements. It demonstrates that liability sharing agreements are allowed by EU law and can be concluded within certain limitations dictated by compliance with the Commission’s fining decisions and public policy rules.

Claiming contribution in courts is currently a complex and uncertain task, which may lead to the unenforceability of the right to claim contribution in antitrust. The Chapter makes several recommendations that could simplify and make contribution more effective in the competition law context. Firstly, it must be clearly stated that antitrust infringers have the right to claim contribution in the context of EU competition law and that such a right does not interfere with the principle of effectiveness thereof. Secondly, rules on contribution should be the same for private and public antitrust enforcement, they should be based on one type of claim in the form of a personal right to claim contribution, available when the damages and Commission’s fine are paid. The criterion for determining internal liability should be based on a limited number of factors. A two-pillar rule based on division according to market shares and relative fault is suggested. Finally the regimes of special joint and several liability should be simplified and liability sharing agreements should be endorsed. Liability sharing agreements are the simplest and the most effective tool for securing the right to contribution.

Directive 2014/104/EU introduced special rules on joint and several for those engaged in consensual dispute resolution, immunity recipients and small and medium enterprises. The aim of this Chapter is to outline the liability regime for these entities. The assessment starts with the analysis of policy arguments and the search for the logic behind the special rules on joint and several liability. It is asked whether the special treatment of privileged groups is justified and whether the rules provided by Directive 2014/104/EU meet the envisioned aims. Subsequently, the assessment takes a pragmatic angle and it is asked how the special regimes of joint and several liability operate in practice and how they can be improved. The analysis shows that Directive 2014/104/EU insufficiently shields immunity recipients from an extensive private law liability and the rules on joint and several liability call the effectiveness of leniency programmes into question. The Directive’s rules on consensual dispute resolution are also flawed. Given that there is no clear legal benchmark for dividing antitrust liability, the settling parties are virtually unable to determine which settlement offer to make and they can end up overcompensating or being undercompensated.

This chapter examines the effectiveness of the administrative fines imposed on cartels by the European Commission. It reviews the theory and practice and evidence that European Commission fines, leniency and settlement procedures deter cartels.

Politics are back in force and impacting people lives like never before. This is the time of the reawakening of the Palestinian national movement and the making of the mini-empire of Israel. The whole Palestine is now under Israel’s control. A false peace process will begin would lead to nowhere, and the Israeli military establishment and political leadership destroyed the PLO presence in Lebanon, and the resistance moved into the occupied West Bank and Gaza Strip.

The proposal to create a transitional regime of autonomy for the Arab population of the West Bank was initiated by Israel Prime Minister Begin. Through US mediation, the idea of autonomy was adopted by Egypt and Israel at Camp David as a program of full autonomy to the Arab inhabitants. The Camp David Accords proposed withdrawing the Israel military administration from the West Bank and Gaza and replacing it, for a transitional period of five years, with an elected council. The issue of the final status, after the termination of the five-year period, was left open to negotiation. The Accords referred to “the legitimate rights of the Palestinian people and their just requirements.” This phrase could be understood as referring to a right of self-determination but it was not stated explicitly. Egypt and Israel failed to agree on the implementation of the autonomy plan. The issues that prevented agreement were participation of East Jerusalem Arabs in the elections for the Council and the powers and responsibilities that were to be transferred to the elected council. The main elements of the Camp David Accords were, later, adopted by the Israel-PLO “Oslo” agreements.

The legal status of the West Bank remains one of the core issues of controversy in the Arab-Israel dispute. After the 1948 War, the Gaza Strip came under Egyptian control and the West Bank under the control of Jordan. Both areas came under Israel control after the 1967 war. The Israel legal position as to the status of these territories was that they were not the territories of a foreign state hence legally Israel did not have to apply the IVth Geneva Convention. Israel undertook to apply the humanitarian provisions of the Convention. Israel unilaterally withdrew its armed forces and civilians from the Gaza Strip. The majority of the population of the West Bank are Arab Palestinians who, under international law, have a right of self-determination. The 1947 UN Partition plan recommended that the West Bank be part of an Arab state. The 1922 League of Nations Mandate, however, promised the Jewish people the right to create a Jewish National Home in Palestine, which at the time, included the West Bank. Israel and the PLO have agreed to negotiate the future status of the West Bank. The majority of the Arab population of the West Bank are under the jurisdiction of the Palestinian Authority, however, the major part of the territory of the West Bank, including all Israeli settlements remain under Israeli military administration. To date, the parties have not yet managed to agree on what will be the final status of the West Bank.

Funerary architecture can profitably be analysed through the lens of connectivity. As material that connected the living and the dead, both at the level of the individual and the community, funerary architecture exhibits the values held to be important in both realms and, like religious architecture, is a vehicle for connecting the tangible and intangible. The characteristics and development of Etruscan funerary architecture have to be studied mainly in their connections with settlements, society, and domestic, religious, and foreign architecture. A case study of rock tombs shows the problems that arise in trying to identify certain forms as either predominantly local or international, and thus effectively signals the limits of analyses of geographical connectivity and the need to go beyond typology in certain cases.

This study discusses transformations of settlement in the northern Adriatic arch between Late Antiquity and Early Middle Ages. In particular, it takes into consideration the situation in Roman cities which were deserted and those where there was continuity of life. Above all, attention is focused on a phenomenon specific for this area: the newly founded cities. Among these, the author focuses on Venice and Equilo. These two settlements were founded in similar environmental contexts but their outcomes turned out to be very different. The history of these two settlements is discussed in a general framework – that of the Venetian lagoon – with the passage from a scattered settlement (Late Antiquity) to a series of centralised settlements (Early Middle Ages). By using an archaeological approach, this study highlights their subsequent development with regard to the competition between the local aristocracies.

Colonial practices of jurisdictional accumulation consist, in the Iberian case, of the requerimiento, encomiendas, audiencias, and the various jurisdictional opportunities they provided leading to jurisdictional competition and subjectivities in colonial New Spain. Castile’s mercantilism is also discussed in relation to its governance and administrative structures and commercial–legal institutions. Relying on the jurisdictional incorporation of both settlers and Native American subjectivities, Castilian practices of imperial expansion transplanted Castilian authority and are primarily concerned with authority over people providing jurisdictional opportunities of contestation and subjugation. Different practices of jurisdictional accumulation are identified in the French, Dutch, and English/British empires. These mostly relate to trading and chartered companies and settlements primarily concerned with authority over land and resources, where inhabitants of the colonised land need to be excluded rather than jurisdictionally incorporated. The more commercial, indirect, and outsourced practices of these empires are discussed through the debates on mercantilism and the practices of corsairing, which produced conditions for jurisdictional accumulation as transports of authority (i.e. focused on the use of intermediaries and a jurisdictional distancing between the imperial centres and their colonies).

Chapter 8 examines legal actions brought against predatory subprime lenders and servicers. It briefly summarizes the results of allegations of fraud and violation of various federal and state securities and financial services law. This chapter also provides contextual analysis relating to claims brought against lenders under anti-discrimination law. The chapter commences with a brief overview of the types of settlements negotiated, and then turns to the specific financial firms that issued or serviced predatory mortgages and residential mortgage-backed securities. It unpacks, to the extent that public disclosures have allowed us to research, how the money, intended in part for consumers, is actually used. The chapter analyzes how the money from the settlements could have been more equitably distributed, and could have offered different signals to the mortgage industry going forward in such a way as to prevent the most recent forms of predatory lending. For the most part, investors in these banks, brokerage and servicing firms appear to have recouped a sizable amount of their losses. Consumer borrowers are not as fortunate.