Tort Reform through the Backdoor: A Critique of Law & Apologies

55 Pages Posted: 8 Sep 2016 Last revised: 21 Jun 2019

See all articles by Yonathan A. Arbel

Yonathan A. Arbel

University of Alabama - School of Law

Yotam Kaplan

Bar-Ilan University - Faculty of Law

Date Written: September 9, 2016

Abstract

In this Article we show how the biggest tort reform of the last decade was passed through the backdoor 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.

Keywords: Torts, Apologies, Negligence, Commercial Behavior

Suggested Citation

Arbel, Yonathan A. and Kaplan, Yotam, Tort Reform through the Backdoor: A Critique of Law & Apologies (September 9, 2016). 90 Southern California Law Review 1199 (2017), Villanova Law/Public Policy Research Paper No. 2016-1030, Available at SSRN: https://ssrn.com/abstract=2835482

Yonathan A. Arbel (Contact Author)

University of Alabama - School of Law ( email )

P.O. Box 870382
Tuscaloosa, AL 35487
United States

Yotam Kaplan

Bar-Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat Gan, 52900
Israel

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