Illinois Law professors Lesley Wexler and Jennifer Robbennolt comment on the recent decision by a judge declining to require an apology from the lawyers who submitted a brief with fictitious cases generated by ChatGPT. Professors Wexler and Robbennolt explain why the judge’s reasoning that “a compelled apology is not a sincere apology” assumes that a compelled apology has no value and fails to consider the other purposes apologies serve, such as acknowledgment to victims and affirmation of violated norms.
In this second in a series of columns on the litigation ending in settlement between Fox News and Dominion Voting Systems, Illinois Law professor Jennifer K. Robbennolt, University of Houston Law professor Jessica Bregant, and Illinois Law professor Verity Winship comment on the non-apology Fox made at the end of the case. The authors argue that the Fox/Dominion settlement is a stark example of the multiple audiences for an apology and how the incentives and desires of private parties and public audiences may diverge.
Illinois Law professor Jennifer K. Robbennolt, University of Houston Law professor Jessica Bregant, and Illinois Law professor Verity Winship describe the findings of their study of people’s perceptions of legal settlements generally, and what that means about the Fox/Dominion settlement. The authors point out that the lawsuit ended exactly as most lawsuits do—in settlement—and argue that for all the case’s weighty implications, the public reactions to the settlement are exactly what we would expect.
In this third and final part of a series of columns on the Kabul drone strike in August that killed numerous civilians, Illinois Law professors Lesley M. Wexler and Jennifer K. Robbennolt suggest a robust approach to making amends for the victims of lawful harm imposed during drone strikes and other military uses of force. Professors Wexler and Robbennolt note the substantial support for various aspects of amends from many key stakeholders, including the victims and their families, members of the military who suffer moral injury as a result of the killings, and even the U.S.’s military objectives, which often rely on winning the hearts and minds of local populations.
Illinois Law professors Lesley Wexler and Jennifer Robbennolt respond to a recent op-ed by Professor Cass Sunstein, in which Sunstein suggests that an apology is a risky strategy for a public figure seeking election or re-election. Wexler and Robbennolt point out three troubling aspects of Sunstein’s op-ed and argue that rather than abstain from giving apologies altogether, perhaps public figures should study apologies and learn how to give—and live—a good one.
In this second of a series of columns, Illinois law professors Lesley Wexler, Jennifer Robbennolt, and Jennie Pahre continue their discussion of the legal mechanism of cy pres—by which a court decides a remedy based on how closely it serves the intended purpose (originally from the law of trusts). The authors draw upon the plot and characters of the television show Fleabag to illustrate how restorative justice might help re-center the #MeToo debate away from its seemingly sole punitive focus and more towards the twin purposes of victim restoration and deterrence.
In this first of a series of columns, Illinois law professors Jennie Pahre, Jennifer Robbennolt, and Lesley Wexler discuss the legal mechanism of cy pres—by which a court decides a remedy based on how closely it serves the intended purpose (originally from the law of trusts)—a mechanism the U.S. Supreme Court has expressed interest in resolving but about which the Court (in a per curiam opinion) described some reservations. The authors offer restorative justice as a way to answer some of those lingering questions about the remedy and to better tie cy pres to its intended purposes.