1,102 research outputs found

    When More Than Sorry Matters

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    The article offers information on the legal aspects of apologizing and its place in dispute resolution. The typology of apology under the book Mea Culpa of sociologist Nicholas Tavuchis is mentioned, which distinguishes between authentic and inauthentic apologies. It reports that authentic apology acknowledges the legitimacy of the violated rule through speech, admits fault for its violation and expresses regret for the harm caused by the violation

    Apology Within a Moral Dialectic: A Reply to Professor Robbennolt

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    Over the last several years, much has been written about the role of apology in facilitating the resolution of legal disputes. Within this body of work a debate has developed among legal scholars, practitioners, and legislators. Under traditional rules of evidence an apology which acknowledged fault would enter evidence as an admission against interest. Now there is a movement to legislatively protect apologies from the effects of the traditional rule in order to facilitate apology without evidentiary encumbrance. Scholars who have argued in favor of the relaxation of the traditional rule have largely relied on anecdotal evidence to support their arguments. Now, in her recent article Apologies and Legal Settlement, Professor Jennifer K. Robbennolt makes a long-overdue empirical contribution to analyses of the role of apology in settlement. Robbennolt concludes that fault-admitting apologies will indeed enhance the likelihood of settlements, and that this is true regardless of whether or not the apology is protected. This conclusion matters not only because it provides an empirical basis for the efficacy of fault admitting apologies, but also because of its attraction to legislators who like to see empirical studies before changing long-standing rules of law like the evidentiary rule in question here

    Apology Subverted: The Commodification of Apology

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    Apology Within a Moral Dialectic: A Reply to Professor Robbennolt

    Get PDF
    Over the last several years, much has been written about the role of apology in facilitating the resolution of legal disputes. Within this body of work a debate has developed among legal scholars, practitioners, and legislators. Under traditional rules of evidence an apology which acknowledged fault would enter evidence as an admission against interest. Now there is a movement to legislatively protect apologies from the effects of the traditional rule in order to facilitate apology without evidentiary encumbrance. Scholars who have argued in favor of the relaxation of the traditional rule have largely relied on anecdotal evidence to support their arguments. Now, in her recent article Apologies and Legal Settlement, Professor Jennifer K. Robbennolt makes a long-overdue empirical contribution to analyses of the role of apology in settlement. Robbennolt concludes that fault-admitting apologies will indeed enhance the likelihood of settlements, and that this is true regardless of whether or not the apology is protected. This conclusion matters not only because it provides an empirical basis for the efficacy of fault admitting apologies, but also because of its attraction to legislators who like to see empirical studies before changing long-standing rules of law like the evidentiary rule in question here

    On Bended Knee (with Fingers Crossed)

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    Out of Sight, Out of Mind? Why the Lanham Act Needs to Be Brought Into the Digital Millennium

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    This Comment provides a brief overview of trademark law as specifically applied in the context of the Internet, and also looks at the substantial differences in how that law is applied in various jurisdictions. Part I of the Comment briefly discusses the protections offered by the Lanham Act. Part II discusses the Lanham Act as applied to the Internet, specifically in the context of website meta tags. Part III discusses how recent decisions have ruled on the buying and selling of keywords. Part IV discusses recent rulings on using trademarked terms as meta tags. Finally, Part V discusses potential changes to the Lanham Act and its application to keywords to make it more effective in the context of digital protection

    Out of Sight, Out of Mind? Why the Lanham Act Needs to Be Brought Into the Digital Millennium

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    This Comment provides a brief overview of trademark law as specifically applied in the context of the Internet, and also looks at the substantial differences in how that law is applied in various jurisdictions. Part I of the Comment briefly discusses the protections offered by the Lanham Act. Part II discusses the Lanham Act as applied to the Internet, specifically in the context of website meta tags. Part III discusses how recent decisions have ruled on the buying and selling of keywords. Part IV discusses recent rulings on using trademarked terms as meta tags. Finally, Part V discusses potential changes to the Lanham Act and its application to keywords to make it more effective in the context of digital protection

    On antipodes in pointed Hopf algebras

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    AbstractIf S is the antipode of a Hopf algebra H, the order of S is defined to be the smallest positive integer n such that Sn = I (in case such integers exist) or ∞ (if no such integers exist). Although in most familiar examples of Hopf algebras the antipode has order 1 or 2, examples are known of infinite dimensional Hopf algebras in which the antipode has infinite order or arbitrary even order [1, 4, 6] and also of finite dimensional Hopf algebras in which the antipode has arbitrary even order [3, 5]. Some sufficient conditions for the antipode to have order ⩽4 are known [2, 4], but the following questions remain open: Does the antipode of a finite dimensional Hopf algebra necessarily have finite order? If the antipode S of a Hopf algebra H has finite order is that order bounded by some function of dim H?In this paper, by constructing a certain basis for an arbitrary pointed coalgebra and studying the action of the antipode on the elements of such a basis for a pointed Hopf algebra, we obtain affirmative answers to the second question in case H is pointed and to the first question in case H is pointed over a field of prime characteristic.We use freely the definitions, notation, and results of [4]
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