Who Knew? Admissibility of Subsequent Remedial Measures when Defendants are Without Knowledge of the Injuries

Federal Rule of Evidence 407 prohibits the introduction of subsequent remedial measures for the purposes of demonstrating negligence, culpable conduct, or product defect. But the rule breaks down, in application and purpose, when a defendant undertakes the new safety measure after the plaintiff\u27s injury, but before the defendant had knowledge of the loss. Such a situation is not uncommon. Would-be defendants frequently improve their products and product safety for a variety of reasons. Toxic exposure cases, where exposure often predates diagnosis of the injury by a decade or more, represent a prime example of cases where defendants are likely to have made significant product or warning improvements which, if taken before the plaintiff\u27s exposure, may have prevented the injury. Should evidence of these improvements be admissible? The literal text of Rule 407 suggests not. Yet allowing such measures into evidence may not have the same chilling effect as when the measure was taken in response to the plaintiff\u27s injury. In such circumstances, it can be argued the defendant never feared the measure would be used against it. Since the policies behind Rule 407 may not support the exclusion of such evidence, should it still be applied? This article explores Rule 407, its policy underpinnings, courts\u27 differing interpretations of the rule, and how it should be applied to defendants who take subsequent remedial measures without knowledge of a plaintiff\u27s injury. Finally, we suggest an interpretation of and amendment to Rule 407 that clarifies the rule and furthers its policy bases

The Toilet Paper Newsletter

Newsletter that supports the research undertaken as part of the TACT3 Consortia, funded by the New Dynamics of Ageing programm

Magnetoelectric properties of magnetite thin films

Resistivity, DC Hall effect and transverse magnetoresistance measurements were made on polycrystalline thin films of magnetite (Fe3O4) from 104K to room temperature. The Verwey transition is observed at TV=123K, about 4K higher than reported for bulk magnetite. The ordinary and extraordinary Hall coefficients are negative over the entire temperature range, consistent with negatively charged carriers. The extraordinary Hall coefficient exhibits a rho 1/3 dependence on the resistivity above TV and a rho 2/3 dependence below TV. The magnetoresistance is negative at all temperatures and for all magnetic field strengths. The planar Hall effect signal was below the sensitivity of the present experiment

Insufficient Incentives for Investment in Electricity Generation

In theory, competitive electricity markets can provide incentives for efficient investment in generating capacity. We show that if consumers and investors are risk averse, investment is efficient only if investors in generating capacity can sign long-term contracts with consumers. Otherwise the uncovered price risk increases financing costs, reduces equilibrium investment levels, distorts technology choice towards less capital-intensive generation and reduces consumer utility. We observe insufficient levels of long-term contracts in existing markets, possibly because retail companies are not credible counter-parties if their final customer can switch easily. With consumer franchise, retailers can sign long-term contracts, but this solution comes at the expense of the idea of retail competition. Alternative capacity mechanisms to stimulate investment are discussed

Alien Migration from Mexico: the Search for an Appropriate Theory and Policy

Volume 1 - Paper #14_14AlienMigrationfromMexico.pdf: 407 downloads, before Oct. 1, 2020

The Long March: Survey and Case Studies of Work Injuries in the Pearl River Delta Region

This document is part of a digital collection provided by the Martin P. Catherwood Library, ILR School, Cornell University, pertaining to the effects of globalization on the workplace worldwide.  Special emphasis is placed on labor rights, working conditions, labor market changes, and union organizing.CLW_The_Long_March.pdf: 407 downloads, before Oct. 1, 2020

A role for the extracellular calcium-sensing receptor in cell-cell communication in pancreatic islets of langerhans

Background: The extracellular calcium-sensing receptor (CaR) is expressed in many tissues that are not associated with Ca2+ homeostasis, including the endocrine cells in pancreatic islets of Langerhans. We have demonstrated previously that pharmacological activation of the CaR stimulates insulin secretion from islet β-cells and insulin-secreting MIN6 cells. Methods: In the present study we have investigated the effects of CaR activation on MIN6 cell proliferation and have used shRNA-mediated CaR knockdown to determine whether the CaR is involved in the regulation of insulin secretion via cell-cell communication. Results: CaR activation caused the phosphorylation and activation of the p42/44 MAPK signalling cascade, and this activation was prevented by the shRNA-induced down-regulation of CaR mRNA expression. CaR activation also resulted in increased proliferation of MIN6 cells, consistent with the known role of the p42/44 MAPK system in the regulation of β-cell proliferation. Down-regulation of CaR expression had no detectable effects on glucose-induced insulin secretion from MIN6 cells maintained as monolayers, but blocked the increases in insulin secretion that were observed when the cells were configured as three-dimensional islet-like structures (pseudoislets), consistent with a role for the CaR in cell-cell communication in pseudoislets. Conclusion: It is well established that islet function is dependent on communication between islet cells and the results of this study suggest that the CaR is required for β-cell to β-cell interactions within islet-like structures

Chicano---Mexican Immigrant Interface

Volume 1 - Paper #16_16ChicanoMexicanImmigrantInterface.pdf: 407 downloads, before Oct. 1, 2020