TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Thursday, March 19, 2009

Apology Bibliography

I discussed the parameters of the academic debate over apology immunity laws in this post.  For those of you interested in delving into the literature, I offer this bibliography.


  • Aaron Lazare, On Apology (2004)
  • Nicholas Tavuchis, Mea Culpa:  A Sociology of Apology and Reconciliation (1991)
  • Doug Wojcieszak, James W. Saxton, & Maggie M. Finkelstein, Sorry Works! (2008)


  • Jonathan R. Cohen, Advising Clients to Apologize, 72 S. Cal. L. Rev. 1009 (1999)
  • Jonathan R. Cohen, Legislating Apology:  The Pros and Cons, 70 U. Cin. L. Rev. 819 (2002)
  • Erin Ann O'Hara & Douglas Yarn, On Apology and Consilience, 77 Wash. L. Rev. 1121 (2002)
  • Aviva Orenstein, Apology Excepted:  Incorporating a Feminist Analysis into Evidence Policy Where You Would Least Expect It, 28 Sw. U. L. Rev. 221 (1999)
  • Jennifer K. Robbennolt, Apologies and Legal Settlement:  An Empirical Examination, 102 Mich. L. Rev. 460 (2004)
  • Jennifer K. Robbennolt, Attorneys, Apologies, and Settlement Negotiation, 13 Harv. Negot. L. Rev. 349 (2008).
  • Daniel W. Shuman, The Role of Apology in Tort Law, 83 Judicature 180 (1999-2000)
  • Lee Taft, Apology Subverted:  The Commodification of Apology, 109 Yale L.J. 1135 (2000)



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There is also a good deal of literature related to apologies in the field of defamation. For example, in a book called Libel Law and the Press (1987), Randall Bezanson, then the director of the "Iowa Libel Research Project", discussed that many plaintiffs in libel cases were more interested in an apology, clarification or retraction by the defendant. The debate generated by this and other articles resulted in attempts to enact various types of "clarification" statutes. Most of them failed, however. I have not researched the issue in a long time (I published an article on a proposal in Puerto Rico about 10 years ago), but I have a few old cites in my files if anyone is interested. Here are two I just found: Lee J. Levine and Daniel M. Waggoner, The Uniform Correction or Clarification of Defamation Act: Overview of the Act, Communications Lawyer, Winter 1994, p. 8. Jane E. Kirtley, The Uniform Correction or Clarification Act: Puncturing a Trial Balloon, Communications Lawyer, Winter 1994, p. 8.

Posted by: Alberto Bernabe | Mar 19, 2009 9:54:48 AM

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