An Update on the New Federal Expert Discovery Rule: The Expert's Perspective

In December 2010, Federal Rule of Civil Procedure 26 (FRCP 26) was amended to protect certain communications between a litigating counsel and its experts from discovery. The rule protects communications and draft expert reports and lays out new disclosure requirements for the so-called “treating physician” expert. Attorneys and experts who first read the rule commonly agreed that the rule would make expert discovery more streamlined and cost-effective while preserving an opposing party's right to obtain facts and data that were considered by the expert in formulating its opinion. However, many commentators on the amended FRCP 26 warned practitioners not to fully embrace the literal meaning of the rule until it was field tested by litigating attorneys and the courts had the opportunity to interpret a number of loosely defined terms during the course of resolving federal discovery disputes. Now, almost a year after the rule's first official publication, several courts have interpreted the key terms that appear in the rule and have expressed their interpretations in written opinions. The judicial holdings of these cases cover different aspects of the rule, and it is still too early to determine how the majority of federal courts will ultimately interpret it. However, a review of current case law indicates that the courts have, thus far, taken a practical and literal view of the amended rule and have not expanded or limited its scope beyond what was generally believed to be the intent of the rule. As a result, practitioners are still hopeful that the rule will make working with an expert more efficient and less cumbersome, to the benefit of experts, attorneys, and ultimately their clients.     

Evidence of a filtered approach to environmental monitoring

This contribution focuses on the formulation of optimal inspection strategies and distinguishes between a targeting approach and a filtered approach to monitoring. Using a case study for the Flemish textile industry, we investigate the costs and benefits associated with specific monitoring and enforcement campaigns. The results show the beneficial role such campaigns can play in an effective and efficient monitoring policy. Thus we provide empirical evidence of the advantages associated with the filtered monitoring approach and show that filtering is an interesting complement to targeting.     

Managing the news in Africa

The presence of Chinese multinational corporations on the global stage is changing the landscape of international business and politics. Western firms, which once had virtually undisputed command over international resources, are now being challenged by emerging country corporations, particularly from China.     

Serotonin: What role has it in the making of a “Rotten apple”

Summary It has been suggested that social feedback causes increases and decreases in serotonin levels. This constant variation determines and individual’s current level of self-esteem. Increases in serotonin have been associated with a rise in an individual’s expectations and drive to achieve success. On the other hand, a lowered level of serotonin may cause an individual to act out inappropriately and to have a lowered expectation of themselves. When the serotonin level functions as it should, it allows individuals to cope in difficult situations and excel in positive endeavors. Some with low serotonin levels seek out alcohol or other drugs to temporarily raise serotonin levels to achieve the felling of euphoria and well-being but this is only temporary. This could explain how some people become psychologically addicted when they fell they need assistance to maintain the felling that all is well.     

Paths between Positivism and Interpretivism: An Appraisal of Hay's Via Media

Hay's Political Analysis raises foundational issues for all social scientists, not least in its outline for a via media , or middle way, between positivist and interpretivist social science. In this view, social science should be firmly grounded in empirical study but take seriously the notion that there is no privileged vantage point from which to generate dispassionate knowledge claims about the social world. This article asks whether this apparent via media is coherent and meaningfully captures what it means to be doing positivist and interpretivist social science without, so to speak, conceding too much ground to the other approach.     

Accountability and Coalitions: Evidence from a Negotiation Experiment

This article tests the effect of accountability on negotiation outcomes in a face‐to‐face classroom experiment. Student participants were asked to form coalitions in groups of three. In the treatment condition, negotiators were held accountable by a personal forum during the formation of the coalition. In the control condition, negotiators were not held accountable. Results show that accountability leads to lower group performance in coalition negotiations. Accountability also reduced the willingness of negotiators to include all negotiators in a “grand coalition.” Rather, accountable negotiators reached agreement with a subset of negotiators. Accountability increased the odds of reaching no agreement. These findings challenge the idea of increased performance as a result of public accountability in the context of coalition negotiations.