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Cleveland State Law Review

Confidentiality

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Lingering Questions Of A Supreme Court Decision: The Confines Of The Psychotherapist-Patient Privilege, Jennifer L. Odrobina Jan 2004

Lingering Questions Of A Supreme Court Decision: The Confines Of The Psychotherapist-Patient Privilege, Jennifer L. Odrobina

Cleveland State Law Review

The United States Supreme Court "in light of [its] reason and experience"' has recognized a psychotherapist-patient privilege. The Court has, however, left lingering questions for the lower courts to determine regarding possible exceptions to the privilege. The lower courts have used their own reason and experience to develop exceptions to the privilege. Such exceptions include the crime-fraud exception, waiver exception, and the dangerous-patient exception. Inevitably other exceptions will follow. The Supreme Court should recognize a dangerous patient exception to the psychotherapist-patient privilege to allow a psychotherapist to testify in court when there is "a serious threat of harm to the …


Shield Laws: The Legislative Response To Journalistic Privilege, Susan L. Dolin Jan 1977

Shield Laws: The Legislative Response To Journalistic Privilege, Susan L. Dolin

Cleveland State Law Review

Despite the increasing importance of the journalist in society, one controversy which has long been of significant concern to reporters has yet to be resolved - the compelled disclosure of journalistic sources in courtroom or grand jury proceedings. Threatened with citation for contempt, the journalist in such situations must often face two equally unacceptable alternatives: divulge a confidential source, or go to jail. To circumvent conflicts of this nature, the journalistic profession has urged the adoption of an evidentiary privilege which would protect reporters from compelled disclosure of confidential sources. This Note will focus on one means of instituting such …