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Comity And Tragedy: The Case Of Rule 407, Marcia L. Finkelstein

Vanderbilt Law Review

This Note advocates that when a Federal Rule of Evidence conflicts with a state rule, a court should examine closely the purpose of the rules in an effort to balance the competing policies of comity and procedural uniformity. Part II of this Note provides a general background on legislative and court decisions concerning federal-state conflicts. Part II also illustrates the congressional and judicial inclination to protect state substantive law. Part III dis-cusses the conflict between the Maine Rule and Federal Rule 407. Part IV suggests an approach to the general conflict between state and federal rules and applies that approach …