Apologies in Law

FAIN: FT-57249-09

Nicholas Jay Smith
University of New Hampshire (Durham, NH 03824-2620)

In 2008 I published I Was Wrong: The Meanings of Apologies with Cambridge University Press. I Was Wrong provides a nuanced framework for the ethical meanings of apologies from individuals and collectives. I have discussed I Was Wrong on NPR (an hour-long interview with Diane Rehm), CNN, BBC, CBC, Philosophy Talk, and various other national and international programs. I now seek support for Apologies in Law (Cambridge University Press). Apologies in Law will apply the framework for the ethical meanings of apologies from I Was Wrong to acts of contrition in civil and criminal law. As a recently tenured J.D./Ph.D. experienced as a litigator in a major Manhattan law firm and as a staff attorney for the U.S. Court of Appeals, I hope to use my upcoming sabbatical to complete a draft of Apologies in Law. I will revise the draft during the summer of 2009.

Media Coverage

“The Art of Corporate (Non) Apology,” (Media Coverage)
Publication: BNet: CBS Business Network
Date: 12/30/2011
Abstract: “The Art of Corporate (Non) Apology,” BNet: CBS Business Network, March 13, 2011.
URL: http://www.cbsnews.com/8301-505125_162-44441079/so-sorry-the-art-of-the-corporate-non-apology/?tag=bnetdomain

“Sorry is the Easiest Word. It has Seldom been so Devalued,” (Media Coverage)
Publication: Guardian UK
Date: 12/30/2011
Abstract: “Sorry is the Easiest Word. It has Seldom been so Devalued,” Guardian UK, January 16, 2011.
URL: http://www.guardian.co.uk/commentisfree/2011/jan/16/miriam-oreilly-bbc-apology-bankers

“On Forgiveness,” (Media Coverage)
Publication: New York Times
Date: 12/30/2011
Abstract: “On Forgiveness,” New York Times, December 26, 2010.
URL: http://opinionator.blogs.nytimes.com/2010/12/26/on-forgiveness/?hp

“Social Minefield: How to Say You’re Sorry,” (Media Coverage)
Publication: Jezebel.com
Date: 12/30/2011
Abstract: “Social Minefield: How to Say You’re Sorry,” Jezebel.com, December 2, 2010.
URL: http://jezebel.com/5704364/social-minefield-how-to-say-youre-sorry

“Uribe’s Apology Dying on the Vine,” (Media Coverage)
Publication: Columbia Reports
Date: 12/30/2011
Abstract: “Uribe’s Apology Dying on the Vine,” Columbia Reports, September 7, 2010.
URL: http://www.colombiareports.com/opinion/julian-e-torres/11685-uribes-apology-dying-on-the-vine.html

“Hele verden i parterapi,” (Media Coverage)
Publication: The Daily Information (Danish National Newspaper)
Date: 12/30/2011
Abstract: “Hele verden i parterapi,” The Daily Information (Danish National Newspaper), March 6, 2010
URL: http://www.information.dk/226413

"Politics and Truth: Uneasy Partners, Easy Enemies," New York Times (AP), September 6, 2012. (Media Coverage)
Publication: New York Times
Date: 9/6/2012
Abstract: "Politics and Truth: Uneasy Partners, Easy Enemies," New York Times (AP), September 6, 2012.

“How to Apologize,” The Chronicle of Higher Education, April 16, 2012. (Media Coverage)
Publication: Chronicle of Higher Education
Date: 4/16/2016
Abstract: “How to Apologize,” The Chronicle of Higher Education, April 16, 2012.

“Obfuscation: The Public Apologies Game,” Nelson Mail (New Zealand), April 9, 2012. (Media Coverage)
Publication: Nelson Mail
Date: 4/12/2016
Abstract: “Obfuscation: The Public Apologies Game,” Nelson Mail (New Zealand), April 9, 2012.

“Sorry is the Easiest Word. It has Seldom been so Devalued,” Guardian UK, January 16, 2011. (Media Coverage)
Publication: Gurdian UK
Date: 1/16/2011

“On Forgiveness,” New York Times, December 26, 2010. (Media Coverage)
Publication: New York Times
Date: 12/26/2010
Abstract: “On Forgiveness,” New York Times, December 26, 2010.

"7 Steps to a Convincing Apology: You're Welcome Governor Christie," Inc., January 10, 2014. (Media Coverage)
Publication: Inc.
Date: 1/10/2014
Abstract: "7 Steps to a Convincing Apology: You're Welcome Governor Christie," Inc., January 10, 2014.

"The Art of Apology," Forum, KQED Radio, August 30, 2013. (Media Coverage)
Date: 8/30/2013
Abstract: "The Art of Apology," Forum, KQED Radio, August 30, 2013.

"Teknisk uheld--vi beklager," Politiken (Denmark), April 7, 2013. (Media Coverage)
Publication: Politiken
Date: 4/7/2013
Abstract: "Teknisk uheld--vi beklager," Politiken (Denmark), April 7, 2013.

"I'm Sorry, But I'm Not Going to Stop Apologizing," Slate, February 5, 2013. (Media Coverage)
Publication: Slate
Date: 2/13/2013
Abstract: "I'm Sorry, But I'm Not Going to Stop Apologizing," Slate, February 5, 2013.

“How Lance Armstrong Can Bounce Back,” CNN/Fortune Magazine, January 18, 2013. (Media Coverage)
Publication: CNN
Date: 1/18/2013
Abstract: “How Lance Armstrong Can Bounce Back,” CNN/Fortune Magazine, January 18, 2013.

“A Viewer’s Guide to Lance Armstrong on Oprah,” Wall Street Journal, January 16, 2013. (Media Coverage)
Publication: Wall Street Jouranl
Date: 1/16/2013
Abstract: “A Viewer’s Guide to Lance Armstrong on Oprah,” Wall Street Journal, January 16, 2013.

Full Disclosure: The Search for Medical Error Transparency, interviewed in feature length documentary, Fall 2015. (Media Coverage)
Date: 10/10/2015

“How to Apologize (And Seem Like You Mean It),” Real Simple Magazine, April 15, 2016. (Media Coverage)
Publication: Real Simple
Date: 5/15/2016

“Perfect Apology: The Art of Saying I’m Sorry,” Yahoo Finance Canada, January 4, 2016 (Media Coverage)
Publication: Yahoo Finance Canada, January 4, 2016
Date: 1/4/2016
Abstract: “Perfect Apology: The Art of Saying I’m Sorry,” Yahoo Finance Canada, January 4, 2016

“Cop-out apologies are best left behind in childhood,” The Irish Times, April 13, 2016. (Media Coverage)
Publication: Irish Times
Date: 4/13/2016
Abstract: “Cop-out apologies are best left behind in childhood,” The Irish Times, April 13, 2016.

Sorry, Excusez le Mot, De Standaard, January 10, 2015. (Media Coverage)
Publication: De Standaard
Date: 1/10/2015
Abstract: Sorry, Excusez le Mot, De Standaard, January 10, 2015.

"The Business of Apology: Nick Smith on why it's so hard to say you're sorry," Chronicle of Higher Education, May 19, 2014. (Media Coverage)
Publication: Chronicle of Higher Education
Date: 5/9/2014
Abstract: "The Business of Apology: Nick Smith on why it's so hard to say you're sorry," Chronicle of Higher Education, May 19, 2014.

“Tiger Woods Strikes Humble Tone in TV Apology,” (Media Coverage)
Publication: San Francisco Chronicle
Date: 12/30/2011
Abstract: “Tiger Woods Strikes Humble Tone in TV Apology,” San Francisco Chronicle, February 20, 2010.
URL: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/19/SP2J1C4EUV.DTL

“How to Apologize,” (Media Coverage)
Publication: Toronto Globe and Mail
Date: 12/30/2011
Abstract: “How to Apologize,” Toronto Globe and Mail, February 15, 2010.
URL: http://www.theglobeandmail.com/life/how-to-apologize/article1468632/

“Apologies in the Public Sphere,” (Media Coverage)
Publication: BBC World Service
Date: 12/30/2011
Abstract: “Apologies in the Public Sphere,” BBC World Service, The World Today, February 14, 2009.

“Commentary on British Bankers’ Public Apology for Financial Crisis,” (Media Coverage)
Publication: BBC Radio 4, World Tonight
Date: 12/30/2011
Abstract: “Commentary on British Bankers’ Public Apology for Financial Crisis,” BBC Radio 4, World Tonight, February 10, 2009.

“Who’s Sorry Now,” (Media Coverage)
Publication: The Scotsman: Scotland’s National Newspaper,
Date: 12/30/2011
Abstract: “Who’s Sorry Now,” The Scotsman: Scotland’s National Newspaper, February 9, 2009.
URL: http://www.scotsman.com/news/who_s_sorry_now_1_828329

“I Was Wrong: The Meanings of Apologies,” The Diane Rehm Show (Media Coverage)
Publication: The Diane Rehm Show
Date: 12/30/2011
Abstract: “I Was Wrong: The Meanings of Apologies,” The Diane Rehm Show, National Public Radio, originally airing March 18, 2008 (an hour-long radio discussion of I Was Wrong with Diane Rehm).
URL: http://thedianerehmshow.org/shows/2008-03-18#20034

Associated Products

Justice through Apologies (Remorse, Reform and Punishment) (Book)
Title: Justice through Apologies (Remorse, Reform and Punishment)
Author: Nick Smith
Author: Nicholas Jay Smith
Abstract: The meanings of apologies in law.
Year: 2012
Publisher: Cambridge University Press
Type: Single author monograph
ISBN: 9780521189453
Copy sent to NEH?: Yes

Apologies, Character, and Fitness: A Practical Framework for Evaluating Remorse in the Bar Admission Process” (Article)
Title: Apologies, Character, and Fitness: A Practical Framework for Evaluating Remorse in the Bar Admission Process”
Author: Nick Smith with Mitch Simon and Nicole Negowetti
Abstract: “Apologies, Character, and Fitness: A Practical Framework for Evaluating Remorse in the Bar Admission Process,” ABA Journal of the Professional Lawyer (forthcoming) (co-authored with Mitch Simon and Nicole Negowetti).
Year: 2011
Format: Journal
Periodical Title: ABA Journal of the Professional Lawyer

“Kantian Restorative Justice?” (Article)
Title: “Kantian Restorative Justice?”
Author: Nick Smith
Abstract: “Kantian Restorative Justice?” Criminal Justice Ethics 29-1 (2010): 55-70.
Year: 2010
Periodical Title: Criminal Justice Ethics

"Against Court Ordered Apologies" (Article)
Title: "Against Court Ordered Apologies"
Author: Nick SMith
Abstract: "Against Court Ordered Apologies" (under review in law review journals)
Year: 2012
Format: Journal
Periodical Title: (under review in law review journals)

“Apologies in Law: An Overview of the Philosophical Issues” (Article)
Title: “Apologies in Law: An Overview of the Philosophical Issues”
Author: Nick Smith
Abstract: “Apologies in Law: An Overview of the Philosophical Issues,” Proceedings of the Conference on Forgiveness, Reconciliation, and the Law at Case Western Reserve Law School. Volume under consideration in law reviews.
Year: 2012
Format: Journal
Periodical Title: Volume under consideration in law reviews.

Why Public Apology is a Friend of the Powerful, Aeon Magazine, October 14, 2014. (Article)
Title: Why Public Apology is a Friend of the Powerful, Aeon Magazine, October 14, 2014.
Author: Nick Smith
Abstract: Why Public Apology is a Friend of the Powerful, Aeon Magazine, October 14, 2014.
Year: 2014
Format: Journal
Periodical Title: Why Public Apology is a Friend of the Powerful, Aeon Magazine, October 14, 2014.
Publisher: Aeon

"Dialectical Retributivism: Why Remorseful Offenders Deserve Reduced Punishment," Philosophia (2016). (Article)
Title: "Dialectical Retributivism: Why Remorseful Offenders Deserve Reduced Punishment," Philosophia (2016).
Author: Nick Smith
Abstract: "Dialectical Retributivism: Why Remorseful Offenders Deserve Reduced Punishment," Philosophia (2016).
Year: 2016
Primary URL Description: "Dialectical Retributivism: Why Remorseful Offenders Deserve Reduced Punishment," Philosophia (2016).
Periodical Title: "Dialectical Retributivism: Why Remorseful Offenders Deserve Reduced Punishment," Philosophia (2016).
Publisher: Philosophia

Justice through Apologies, Onati International Institute for the Sociology of Law, Onati, Spain, May 2016 (via Skype). (Conference Paper/Presentation)
Title: Justice through Apologies, Onati International Institute for the Sociology of Law, Onati, Spain, May 2016 (via Skype).
Author: Nick Smith
Abstract: Justice through Apologies, Onati International Institute for the Sociology of Law, Onati, Spain, May 2016 (via Skype).
Date: 05/05/2016
Conference Name: Justice through Apologies, Onati International Institute for the Sociology of Law, Onati, Spain, May 2016 (via Skype).

“The Relationship between Apologies, Forgiveness, and Punishment: Dialectical Retributivism," Workshop on the Ethics of Revenge and Forgiveness, Union College, May 2014. (Conference Paper/Presentation)
Title: “The Relationship between Apologies, Forgiveness, and Punishment: Dialectical Retributivism," Workshop on the Ethics of Revenge and Forgiveness, Union College, May 2014.
Author: Nick Smith
Abstract: “The Relationship between Apologies, Forgiveness, and Punishment: Dialectical Retributivism," Workshop on the Ethics of Revenge and Forgiveness, Union College, May 2014.
Date: 05/06/2016
Conference Name: “The Relationship between Apologies, Forgiveness, and Punishment: Dialectical Retributivism," Workshop on the Ethics of Revenge and Forgiveness, Union College, May 2014.

“Evaluating the Analogy between Requiring Children to Apologize and Ordering Criminal Offenders to Apologize,” Annual Meeting of the Law and Society Association, Boston, June 2013. (Conference Paper/Presentation)
Title: “Evaluating the Analogy between Requiring Children to Apologize and Ordering Criminal Offenders to Apologize,” Annual Meeting of the Law and Society Association, Boston, June 2013.
Author: Nick Smith
Abstract: “Evaluating the Analogy between Requiring Children to Apologize and Ordering Criminal Offenders to Apologize,” Annual Meeting of the Law and Society Association, Boston, June 2013.
Date: 06/05/2013
Conference Name: “Evaluating the Analogy between Requiring Children to Apologize and Ordering Criminal Offenders to Apologize,” Annual Meeting of the Law and Society Association, Boston, June 2013.

“The Categorical Apology and Alternative Dispute Resolution,” Straus Institute for Dispute Resolution at the Pepperdine University School of Law, November 2012. (Conference Paper/Presentation)
Title: “The Categorical Apology and Alternative Dispute Resolution,” Straus Institute for Dispute Resolution at the Pepperdine University School of Law, November 2012.
Author: Nick Smith
Abstract: “The Categorical Apology and Alternative Dispute Resolution,” Straus Institute for Dispute Resolution at the Pepperdine University School of Law, November 2012.
Date: 12/12/2012
Conference Name: “The Categorical Apology and Alternative Dispute Resolution,” Straus Institute for Dispute Resolution at the Pepperdine University School of Law, November 2012.

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