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Articles 1 - 9 of 9
Full-Text Articles in Law
Promises Of Confidentiality: Do Reporters Really Have To Keep Their Word, Harold B. Oakley
Promises Of Confidentiality: Do Reporters Really Have To Keep Their Word, Harold B. Oakley
Missouri Law Review
In an industry in which information is the ultimate commodity, a new dilemma that confronts the media world is whether the First Amendment protects news gatherers from sources who try to enforce promises of confidentiality. The debate raised in Cohen v. Cowles Media Co. pits the First Amendment freedoms of the press and speech against concepts of contracts and torts that are deeply rooted in our legal heritage. At least two reasons make promises of confidentiality important to the newsgathering profession. First, breaking a promise of confidentiality that has induced a source to provide information is dishonorable. Second, sources may …
Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison
Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison
South Carolina Law Review
No abstract provided.
The Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum
The Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum
Publications
After more than a decade of debate, the United States Congress enacted the omnibus Immigration Reform & Control Act of 1986 (IRCA), which ushered in a period of "legalization" or adjustment of status to allow undocumented aliens "to emerge from the shadows."
Part I of this article explores the rationale of the legalization program, the experience of other countries in encouraging applications for their respective "amnesty" or "regularization" programs, and the components of the American approach designed to maximize participation through massive outreach and broad confidentiality.
Part II examines the Immigration and Naturalization Service's (INS) strict construction of the IRCA …
Mental Health Examination, Treatment, Etc., For Mental Illness: Provide For Treatment Team To Concur On Decision To Discharge Mental Patients And For Period Of Conditional Release Of Mentally Ill Defendants, Melinda D. Taylor
Georgia State University Law Review
HB 889 amends Title 37 of the Georgia Code by changing several provisions relating to administration of mental health laws. The most significant changes include providing the Department of Human Resources with access to patient records, changing the duties of the chief medical officer, allowing chief medical officers to appoint designees, changing the provision regarding patient discharge, and allowing psychologists to perform functions traditionally performed by physicians. Other minor changes include providing for confidentiality of records and providing patients with the ability to seek treatment from private psychologists. HB 469 provides the court with authority to authorize a period of …
Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman
Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman
Journal of Law and Health
This note will seek to determine if granting a physician the right to warn third parties at risk is the appropriate solution to the above scenario and others like it. Part I will supply a background on the virus that causes AIDS. Part II will review possible legal justification for this breach of the confidential doctor/patient relationship. Part III discusses why there is a need to maintain strict confidentiality of AIDS-related information. Finally, Part IV will discuss alternatives to granting physicians the right to warn.
Mandatory Hiv Testing Issues In State Newborn Screening Programs, John M. Naber, David R. Johnson
Mandatory Hiv Testing Issues In State Newborn Screening Programs, John M. Naber, David R. Johnson
Journal of Law and Health
The newborn screening model is fairly straightforward. Typically, before the infant is discharged from the hospital (around 24 to 36 hours of age), heel stick blood is placed on special filter paper, dried, and mailed to the state health department for testing. Medical and laboratory research has led to the discovery that other diseases could also be screened in newborns using these dried blood specimens. Currently, all states and the District of Columbia test all newborns for at least PKU and congenital hypothyroidism. There are generally five criteria to satisfy before a disease is considered appropriate for newborn screening: 1. …
Social Services Programs And Protection For Children And Youth: Control Who May Have Access To Records Concerning Child Abuse Reports, Carol Ann Hendry
Social Services Programs And Protection For Children And Youth: Control Who May Have Access To Records Concerning Child Abuse Reports, Carol Ann Hendry
Georgia State University Law Review
The Act changes who may have access to child abuse records and what information such persons may be given. The Act also repeals the clause indicating that records shall not be released if such release would cause loss of federal funds.
Where Were The Lawyers?, Mary E. Berkheiser, Ed Hendricks
Where Were The Lawyers?, Mary E. Berkheiser, Ed Hendricks
Scholarly Works
In March 1992, the Office of Thrift Supervision sent shock waves through the legal community when it initiated a $275 million enforcement actions against New York’s Kaye, Scholer, Fierman, Hays & Handler and froze the firm’s assets, all based on the firm’s alleged misdeeds in representing the now-defunct Lincoln Savings & Loan. The OTS action, together with the recent spate of prefessional liability suits by the Resolution Trust Corporation and the Federal Deposit Insurance Corporation, raises questions with far-reaching consequences for the legal profession. Perhaps most disturbing, particularly in light of the OTS’s unprecedented assault on Kaye, Scholer, is the …
Confidentiality In Mediation: A Moral Reassessment, Kevin Gibson
Confidentiality In Mediation: A Moral Reassessment, Kevin Gibson
Journal of Dispute Resolution
In discussing mediation confidentiality, it appears that different commentators address different issues. For example, some commentaries discuss only court ordered mediation while others consider the possibility of any intervention by a neutral to be mediation, and hence under scrutiny. There is also disagreement about what should be protected: pre-mediation screening calls, post session discussions among mediators and their supervisors and so on.5 In order to keep the discussion as broad and inclusive as possible, I will use "mediation" to refer to any organized intervention by an impartial third party and to any part of that process. Although some may consider …