What is a non-simulationist rule? That sounds like Forge-talk while huffing glue. I have never seen it coherently argued anywhere that non-simulationist (*shudder*) games are immune to concerns about simulation. GNS and the like only talk about gaming priorities, not gaming characteristics. Non-simulationist games do not lack simulation.
I'm not really using it in a Forgie fashion, as far as I know! And if it's GNS, it's largely because those are just actual useful terms for discussion like this, that people on ENWorld largely use in similar ways.
Anyway, if it helps to frame it this way, 4e is perfectly willing to let world simulation be trumped by game concerns, and perfectly willing to let some things be outside of the players' ability. 3e is largely
unwilling to let world simulation get trumped, but tries to make it expensive and/or hard.
In 3e, players are almost encouraged to say, "Hey, how did that guy do that? I want to do that" and then work towards doing it. Hardly anything is outside the players' purview; even the monster manuals are geared towards an assumption that players can and will play members of monster races. Because 3e - and more 3.5 than 3.0 - uses the same design for PCs, NPCs, and monsters, this works fine, other than some cost issues (like with yak-folk, and any caster).
The 4e approach is to pick what works in the game, then justify it after the fact. There's also no default assumption that the players can do stuff the monsters can do; NPC casters have their own list of special whammies that PCs don't necessarily have any access to. And yeah, if your arguments don't take that into account, you're not really addressing any concern a 4e player is likely to have. It took a month or two, but after some flailing around, I learned to stop worrying and love the ...um... NPC rules.
Great, now I've just discussed Forgie concepts and feel like my brain needs a bath.

Thanks, Obryn, thanks so much for that.
If it helps any, I think these terms have moved waaaay beyond their GNS roots and stand for almost completely different things on ENWorld than they do on the Forge.

And, from what I understand, the Forge is basically dying; indie RPGs are coming from other places, now.
keterys said:
That little stat block in the back of the MM is largely useless for _anyone_. Trying to argue rules about it is like trying to argue about how silly the brawling table was in 2nd edition -for a game that wasn't even using it- WotC gave us all these tools for actually making monsters, then left in these 'oh, you can use these to make NPCs' rules and they're downright awful. Don't use them. Ever. For kobolds or tieflings or anything. Problem solved.
Oh yeah. And this, x100. Every time I need a unique Ogre or Troll, I start up the monster* builder, find one that's close, and change its role, damage, and powers accordingly. Those MM templates are not actually useful in practice.
-O
* whoops! monster, not character!