Tort Reform Through the Back Door: A Critique of Law and Apologies
Article by Yonathan A. Arbel & Yotam Kaplan
From Volume 90, Number 6 (September, 2017)
In this Article, we show how the biggest tort reform of the last decade was passed through the back door with the blessing of its staunchest opponents. We argue that the widely-endorsed “apology law” reform—a change in the national legal landscape that privileged apologies—is, in fact, a mechanism of tort reform, used to limit victims’ recovery and shield injurers from liability. While legal scholars overlooked this effect, commercial interests seized the opportunity and are in the process of transforming state and federal law with the unwitting support of the public.
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