Law Commons^™

Training In Law And Psychology: Models From The Villanova Conference, Donald N. Bersoff, Jane Goodman-Delahunty, J. Thomas Grisso, Valerie P. Hans, Norman G. Poythress Jr., Ronald G. Roesch

Cornell Law Faculty Publications

Although the domain of law and psychology is a burgeoning and popular field of study, there has never been a concerted effort to evaluate current training models or to develop newer, more effective ones. Forty-eight invited participants attended a national conference held at Villanova Law School to remedy this deficiency. Working groups addressed issues of education and training for the undergraduate level; for doctoral level programs in law and social science; for forensic clinical training; for joint-degree (JD/PhD-PsyD) programs; for those in practica, internships, and postdoctoral programs; and for continuing education. This article delineates levels and models of training in …

Mental Health Experts On Trial: Free Will And Determinism In The Courtroom, Ronald J. Rychlak, Joseph F. Rychlak

West Virginia Law Review

No abstract provided.

Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan

Michigan Law Review

The explosive collision of economics and sociology has long illuminated the landscape of deterrence theory. It is a debate as hopeless as it is spectacular. Economics is practical but thin. Starting from the simple premise that individuals rationally maximize their utility, economics generates a robust schedule of prescriptions - from the appropriate size of criminal penalties,1 to the optimal form of criminal punishments, to the most efficient mix of private and public investments in deterrence. Yet it is the very economy of economics that ultimately subverts it: its account of human motivations is too simplistic to be believable, and it …

Deterrence's Difficulty, Neal Kumar Katyal

Michigan Law Review

We all crave simple elegance. Physicists since Einstein have been searching for a grand unified theory that will tie everything together in a simple model. Law professors have their own grand theories - law and economics's Coase Theorem and constitutional law's Originalism immediately spring to mind. Criminal law is no different, for the analogue is our faith in deterrence - the belief that increasing the penalty on an activity will mean that fewer people will perform it. This theory has much to commend it. After all, economists and shoppers have known for ages that a price increase in a good …

Identifying Law's Unconscious: Disciplinary And Rhetorical Contexts, David S. Caudill

Washington and Lee Law Review

No abstract provided.

Maladies Of The Legal Soul: Psychoanalysis And Interpretation In Law, Peter Goodrich

Washington and Lee Law Review

No abstract provided.

Lacan And The Subject Of Law: Sexuation And Discourse In The Mapping Of Subject Positions That Give The Ur-Form Of Law, Ellie Ragland

Washington and Lee Law Review

No abstract provided.

Does Law Need An Analyst? Prospects For Lacanian Psychoanalysis In Law, Richard E. Redding

Washington and Lee Law Review

No abstract provided.

A Wigmorian Defense Of Feminist Methods, Katharine K. Baker

Katharine K. Baker

No abstract provided.

Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza

Michigan Law Review

My first introduction to Denise Gray was through a form. The intake sheet was dated October 17, 1994. The legal problem was straightforward. My introduction to Denise Gray would come much later. I am a clinical law professor. The clinic, Boston College Legal Assistance Bureau, is known as "LAB." I teach students law by supervising them as they represent, usually for the first time, a real person with real problems.

Attorneys' And Judges' Needs For Continuing Legal Education On Mental Disability Law: Findings From A Survey, Douglas Mossman Md, Marshall B. Kapp Jd, Mph

Faculty Articles and Other Publications

Attorneys leave law school with limited knowledge and skills
concerning the issues that arise in mental disability law. Yet
psychiatrists and psychologists are appearing with increasing
frequency as witnesses in the nation's courts, and more attorneys
and judges can therefore expect to have to deal with testimony from
mental health professionals. To our knowledge, this article is the
first published assessment of practicing attorneys' and judges'
needs for continuing legal education (CLE) on mental disability
issues.

The 267 Dayton-area attorneys and 41 southwestern Ohio judges
who responded to our mailed survey said that one-seventh of their
cases raise issues related …

If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs

Nancy Levit

This article explores various methods of grade normalization used by law schools. Based on a survey of 116 responding ABA accredited law schools, 84% have some form of grade normalization policy, and the trend is toward adoption of grade normalization. The survey assessed the types of normalization plans (distributional requirements, required means, required medians, set standard deviations, and informal policies), as well as the reasons schools have adopted such plans. It also inquired about methods for ensuring faculty compliance as well as justifications for departures from grade norms.

The article considers and responds to the arguments against grade normalization and …

Law And Phrenology, Pierre Schlag

Publications

As the intellectual credentials of American law become increasingly dubious, the question arises: how has this discipline been intellectually organized to sustain belief among its academic practitioners? This Commentary explores the nineteenth-century pseudo-science of phrenology as a way of gaining insight into the intellectual organization of American law. Although there are, obviously, significant differences, the parallels are at once striking and edifying. Both phrenology and law emerged as disciplinary knowledges through attempts to cast them in the form of sciences. In both cases, the "sciences" were aesthetically organized around a fundamental ontology of reifications and animisms -- "faculties" in the …

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.

Book Review Of Mental Disorder, Work Disability, And The Law, Edited By R.J. Bonnie And J. Monahan, Michael L. Perlin

Other Publications

No abstract provided.

The Strict Application Of The Restatement, Ohio Law And The Rules Of Civil Procedure: Estates Of Morgan V. Fairfield Family Counseling Center, Geoffrey M. Wardle, Jeffrey L. Mallon

Cleveland State Law Review

Considered by some in the mental health profession as the imposition of an onerous duty, the Ohio Supreme Court's decision in Estates of Morgan v. Fairfield Family Counseling Center represents an extension of the recognized legal duty imposed upon mental health practitioners who treat inpatients to those who treat outpatients. This created a uniform standard. The article begins in Part II by describing the story of a psychiatric patient, Matt Morgan. Part III then discusses the duty to control in the outpatient setting by going through traditional tort analysis, stare decisis, strict statutory application, and civil procedure. Part IV concludes …

The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby

Articles

No abstract provided.

The Liability Of Psychotherapists For Breach Of Confidentiality, Ellen W. Grabois

Journal of Law and Health

This paper will try to reconstruct the legal and ethical underpinnings of the confidential relationship of psychotherapist and patient, and will also touch upon the psychotherapist-patient testimonial privilege and its exceptions. It will then describe the liability of psychotherapists for breach of confidentiality based on contract and tort. It will conclude with some evaluation of this type of cause of action, and its future usefulness in the law..

The Borderline Which Separated You From Me: The Insanity Defense, The Authoritarian Spirit, The Fear Of Faking, And The Culture Of Punishment, Michael L. Perlin

Articles & Chapters

No abstract provided.

Make Promises By The Hour: Sex, Drugs, The Ada, And Psychiatric Hospitalization, Michael L. Perlin

Articles & Chapters

No abstract provided.

Immaturity And Irresponsibility, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Sixth Amendment: Protecting Defendants' Rights At The Expense Of Child Victims, 30 J. Marshall L. Rev. 767 (1997), Julie A. Anderson

UIC Law Review

No abstract provided.

This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal

UIC Law Review

No abstract provided.

Suppressing Memory, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith

Faculty Scholarship

No abstract provided.

Psychotherapist-Patient Privilege: A Rational Approach To Defining Psychotherapist, The 1997 John M. Manos Writing Competition On Evidence, Kathleen M. Maynard

Cleveland State Law Review

In the recently decided case of Jaffee v. Redmond, the United States Supreme Court acknowledged the existence of a psychotherapist-patient privilege under Federal Rule of Evidence 501 for the first time. This Article will make recommendations to lower federal courts that must construe the meaning of "psychotherapist." Part II will provide an overview of federal psychotherapist-patient privilege law prior to Jaffee. Part III will discuss the Court's decision to expand the definition of "psychotherapist" based upon the increased demand for therapy among lower income Americans. Part IV will make three arguments explaining why lower federal courts are free to extend …