Document Type

Working Paper

Publication Date

9-8-2016

SSRN Discipline

Economics Research Network; Legal Scholarship Network; Law & Society eJournals; Law & Society: Private Law eJournals; LSN Subject Matter eJournals; Law School Research Papers - Public Law & Legal Theory; Cognitive Science Network; Financial Economics Network; Humanities Network; Political Science Network

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 widelyendorsed 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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