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“Every Day And In Every Way, We All Are Becoming Meta And Meta," Or, How Communitarian Bargaining Theory Conquered The World (Of Bargaining Theory), Robert J. Condlin
“Every Day And In Every Way, We All Are Becoming Meta And Meta," Or, How Communitarian Bargaining Theory Conquered The World (Of Bargaining Theory), Robert J. Condlin
ExpressO
Debate over the relative merits of communitarian and adversarial theories of dispute bargaining has pre-occupied legal bargaining scholarship for at least twenty years. Seen as a negotiation, this debate makes it clear that communitarians are by far the better bargainers. In a move one might think more characteristic of adversarial bargaining, communitarians have changed the definition of bargaining effectiveness by reconstituting the world in which bargaining operates (the meta move of the title – in communitarian terms they “changed the game by changing the frame”), to make adversarial bargaining obsolete. Many of the arguments and maneuvers used in this effort …
A Proposal To Amend Rule 407 Of The Federal Rules Of Evidence To Conform With The Underlying Relevancy Rationale For The Rule In Negligence And Strict Liability Actions, Ralph Ruebner, Eugene Goryunov
A Proposal To Amend Rule 407 Of The Federal Rules Of Evidence To Conform With The Underlying Relevancy Rationale For The Rule In Negligence And Strict Liability Actions, Ralph Ruebner, Eugene Goryunov
ExpressO
The current version of FRE 407 prevents the use of evidence of remedial measures taken after an event that caused an injury or harm in order to prove negligence, culpable conduct, or strict product liability. Our proposal is that the language of Rule 407 be amended to preclude the admissibility of remedial measures which are taken both before and after an injury. This change will implement the relevancy rationale for the rule.