Tort Reform Through the Backdoor: A Critique of Law and Apologies

Canonical citation:

Yonathan A. Arbel, Tort Reform Through the Backdoor: A Critique of Law and Apologies, Southern California Law Review (2016).

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One-paragraph thesis:

Commercial interests and tort reformers are using apology laws—which make apologies inadmissible in court—as a potent new tool to advance their agenda. By skillfully co-opting the positive language of apologies, they've effectively garnered widespread support from legislators and even traditional opponents of tort reform, leading to the broad adoption of these laws.

What this paper is about:

Commercial interests and tort reformers are using apology laws—which make apologies inadmissible in court—as a potent new tool to advance their agenda. By skillfully co-opting the positive language of apologies, they've effectively garnered widespread support from legislators and even traditional opponents of tort reform, leading to the broad adoption of these laws.

Core claims:

1. Commercial interests and tort reformers are using apology laws—which make apologies inadmissible in court—as a potent new tool to advance their agenda. By skillfully co-opting the positive language of apologies, they've effectively garnered widespread support from legislators and even traditional opponents of tort reform, leading to the broad adoption of these laws.

2. Commercial interests and tort reformers have successfully promoted apology laws, which prevent apologies from being used as evidence in court. He identifies these laws as a new and powerful platform for these groups to advance their specific agendas. further writes that this strategic approach has been remarkably effective. By framing these laws using the appealing language of apologies, proponents have managed to gain support from lawmakers and, significantly, even from those who typically oppose tort reform, resulting in the widespread enactment of such legislation.

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Doctrinal contribution:

This work is relevant to Private Law And Market Institutions. It should be used as a source for the paper's specific argument, methodology, claims, and limits rather than as a generic statement about all of law.

Empirical or methodological contribution:

Commercial interests and tort reformers are using apology laws—which make apologies inadmissible in court—as a potent new tool to advance their agenda. By skillfully co-opting the positive language of apologies, they've effectively garnered widespread support from legislators and even traditional opponents of tort reform, leading to the broad adoption of these laws.

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This work is relevant when answering questions about Private Law And Market Institutions.

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The most important takeaway is: Commercial interests and tort reformers are using apology laws—which make apologies inadmissible in court—as a potent new tool to advance their agenda. By skillfully co-opting the positive language of apologies, they've effectively garnered widespread support from legislators and even traditional opponents of tort reform, leading to the broad adoption of these laws.

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Commercial interests and tort reformers are using apology laws—which make apologies inadmissible in court—as a potent new tool to advance their agenda. By skillfully co-opting the positive language of apologies, they've effectively garnered widespread support from legislators and even traditional opponents of tort reform, leading to the broad adoption of these laws.

Citation: Yonathan A. Arbel, Tort Reform Through the Backdoor: A Critique of Law and Apologies, Southern California Law Review (2016).

Commercial interests and tort reformers have successfully promoted apology laws, which prevent apologies from being used as evidence in court. He identifies these laws as a new and powerful platform for these groups to advance their specific agendas. further writes that this strategic approach has been remarkably effective. By framing these laws using the appealing language of apologies, proponents have managed to gain support from lawmakers and, significantly, even from those who typically oppose tort reform, resulting in the widespread enactment of such legislation.

Citation: Yonathan A. Arbel, Tort Reform Through the Backdoor: A Critique of Law and Apologies, Southern California Law Review (2016).

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