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My father was a lawyer, and I asked him about refusing to write a
letter. He said that the worst he could imagine happening is that the
student would go to court and get an order requiring me to write the
letter. In which case I could write "Pursuing to the order
of the court
of ... I am writing you a letter of recommendation for ...." If the
recipient has any sense at all he doesn't bother to read the letter.
In fact, at Delaware we are required to refuse a letter if it will not
be favorable. I have on one occasion had a student with an abysmal
record (who I thought might have some talent actually) who needed a
letter for me to have any chance to get into a program. I
told him that
what I could write would be very risky for him, gave him the
letter, and
told him to mail it if he wished. There is not much danger there.