Digital Commons Network^™

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..

Annual Survey Of Virginia Law: Administrative Procedure, Patricia L. Mckenney

University of Richmond Law Review

This article reviews recent developments in the law affecting administrative procedure in Virginia. The 1997 General Assembly made no substantive changes to the Commonwealth's fundamental law of administrative procedure, but it did make numerous amendments to agency law affecting administrative case decisions. Among the major changes to agency procedures include authorizing the Commissioner of Social Services to review local board eligibility decisions, extending the powers of health regulatory boards that govern the licensing of health professionals, and permitting the air, water and waste boards to implement mediation and voluntary dispute resolution proceedings.

State Of Utah V. Gary Wayne Spainhower : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Consolidated Appeals from the final judgment and orders of the Fifth Judicial District Court, Iron County, Parowan Department State of Utah, by the Honorable J. Philip Eves

The Use Of Mediation And Arbitration For Resolving Family Conflicts: What Lawyers Think About Them, Mary Kay Kisthardt

Faculty Works

The use of alternative methods for resolving family conflict has increased significantly in the past few years, but many attor­neys are still wary. In an effort to discover some of the sources of this hesitation as well as identify support for "alternative" processes, the American Academy of Matrimonial Lawyers sur­veyed its members concerning the use of dispute resolution methods. The purpose of this study was to ascertain attorneys' perceptions of the advantages and disadvantages of the two most commonly used alternative dispute resolution mechanisms: me­diation and arbitration. Whether clients will continue to use these methods depends in great part on …

Welfare Reform: An Historical Overview, Richard K. Caputo

Richmond Journal of Law and the Public Interest

This essay provides an historical overview of welfare reform efforts prior to enactment of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 by the 104th Congress. The author argues that the 1996 Act reaffirmed the labor market as the major arbiter of economic well-being of American citizens. In so doing, passage of the Act signified the formal end of income maintenance for able-bodied parents and released the federal government from assuming major responsibility for reducing poverty per se.

Keynote Address: Social Justice Week 1997, Peter Edelman

Richmond Journal of Law and the Public Interest

I am pleased to be here not just to talk about the question of what happens to poor people under the new welfare legislation, but also because you have asked me to speak as part of your Social Justice Week. It is very important that you have Social Justice Week and that so many people are so interested in participating. As I will say in more detail later, it is urgent that we get beyond the debate over welfare at the same time as we pay careful attention to the implementation of the new welfare legislation. Our real effort has …

Welfare Reform And Unitended Consequences: Its Impact On A Local Child Protection Program, Larry Nackerud, Nicole Deets, Curtis Kleem, Alicia Isaac

Richmond Journal of Law and the Public Interest

On August 22, 1996, President Clinton signed into law the Personal Responsibility and Work Opportunity Reconciliation Act. The Act represents a fundamental shift in the relationship between the federal government, the fifty states, and persons living in poverty. A shift of this magnitude cannot be analyzed properly without considering the significant impact of unintended consequences that may result from the new policy. Often, unintended consequences occur when two different policies, in this case, public welfare and child protective services, collide. One such possible unintended consequence of this policy shift may be to reduce the effectiveness of a successful child protection …

Reinventing Human Services In America, David Stoesz

Richmond Journal of Law and the Public Interest

Passage of the Personal Responsibility and Work Opportunity Act (PRWOA) of 1996 presents an opportunity to reinvent human services in America. For more than a decade, the welfare bureaucracy and public assistance programs of state welfare have been in crisis. The clients who depend on welfare detest it, finding and keeping qualified professionals to work in the public social services has become an administrative headache, and taxpayers perceive welfare as a fiscal black hole that perpetuates immorality. The recent decision to "devolve" welfare in a block grant to states underscores the urgency to rethink public assistance to poor families. There …

The Earned Income Tax Credit And Welfare Reform, James Williams

Richmond Journal of Law and the Public Interest

The focus of this paper is the EITC and its important role in welfare reform. The current welfare system has been criticized on the grounds that it does not promote and encourage work. Critics also claim that welfare welfare is ineffective in reducing poverty, especially among children. The EITC addresses several of these complaints. First, the EITC "[i]s strongly pro-work. Only working families qualify for it. In addition, unlike welfare benefits, EITC payments rise rather than fall with earnings across that critical low-income range where we want to encourage work effort." Proponents of the EITC, such as Senator Bill Bradley …

Resisting "Don't Ask, Don't Tell" In The Licensing Of Lesbian And Gay Foster Parents: Why Openness Will Benefit Lesbian And Gay Youth, Nancy D. Polikoff

UC Law Journal

No abstract provided.

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Michael Bressman

Vanderbilt Law School Faculty Publications

Part I of this Article reviews the Jaffee decision.' Part II discusses the meaning of the Supreme Court's opinion, focusing on the Court's analysis of the important interests at stake in recognizing the asserted testimonial privilege. In Part II, this Article argues that the Court followed the intent of Congress in crafting a psychotherapist- patient privilege. Furthermore, the extension of the privilege to cover confidential communications made to social workers indicates that there is room for further development of the privilege. In Part III, the Article argues that Jaffee provides the foundation for recognition of a counselor-battered woman privilege in …

Universities, Colleges And The Equal Pay Act: The Fourth Circuit Analyzes A Salary Dispute In Stag V. Board Of Trustees, Laura Woodworth Keohane

Campbell Law Review

No abstract provided.

Big Six Accounting Firms Shop Worldwide For Law Firms: Why Multi-Discipline Practices Should Be Permitted In The United States, Gianluca Morello

Fordham International Law Journal

This Note explores the controversy surrounding MDPs. Part I surveys the legal activities of the Big Six accounting firms. Part I then analyzes the current U.S. ethics rules governing law firm ownership, examines proposed U.S. ethics rules that were never adopted, and discusses other U.S. ethics rules related to the practice of MDPs. In addition, Part I studies England's treatment of law firm ownership and MDPs. Finally, Part I offers other reasons for the restrictive rules governing law firm ownership. Part II investigates the arguments in favor of and against MDPs. Part III argues that the current ethics rules permit …

Police Discretion And The Quality Of Life In Public Places: Courts, Communities, And The New Policing, Debra A. Livingston

Faculty Scholarship

The advent of community and problem-oriented policing – the so-called "quality-of-life" policing philosophies – raises complex questions concerning police discretion in addressing minor street misconduct and judicial response to that discretion. In this Article, Debra Livingston addresses these questions by reassessing the ways in which courts have employed the facial vagueness doctrine to limit police discretion in the performance of "order maintenance" tasks. Livingston contends that aggressive employment of the facial vagueness doctrine is an inadequate mechanism for limiting police discretion and at the same time could impair positive change in the direction of community and problem-oriented policing. As an …

Towards A Federal Counselor-Battered Woman Privilege, Fernando Laguarda

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: In theory if not in fact, the purpose of a trial in the American legal tradition is to discern the truth related to a particular dispute. Although scholars have debated how well the adversary system actually promotes fair and accurate outcomes, this truth-seeking paradigm remains generally well-accepted. To ascertain the truth, information must be presented to the triers of fact for their consideration. The law of evidence thus provides the rules for introducing and considering such information in the adversary system.

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Introduction, Kent Conrad

North Dakota Law Review

No abstract provided.

Women's Rights Under Siege, Nadine Strossen

North Dakota Law Review

No abstract provided.

Ethics, Professionalism, And Meaningful Work, William H. Simon

Faculty Scholarship

Much of the anxiety and dissatisfaction associated with legal ethics arises from the categorical quality of the bar's dominant norms. These norms take the form of relatively inflexible rules insensitive to all but a few of the circumstances of the cases they govern. Hence they often require the lawyer to take actions that contribute to injustice or to refrain from actions that would avert injustice.

For example, many lawyers believe that a criminal defender is obliged to impeach a truthful complaining witness even though the only immediate purpose of this tactic is to encourage the trier to draw a mistaken …

When Dispute Resolution Begets Disputes Of Its Own: Conflicts Among Dispute Professionals, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

As the processes comprising, alternative, or as we now say, "appropriate" dispute resolution mature and enter new phases of use, new issues have emerged to demonstrate that professionals engaged in providing dispute resolution services have disputes and conflicts among themselves. This Article reviews some of those conflicts and issues and suggests some resolutions for these disputes between dispute resolvers.

The Right To Appointed Counsel In Termination Of Parental Rights Proceedings: The State's Response To Lassiter, Rosalie R. Young

Touro Law Review

No abstract provided.

Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Helen Hershkoff

Touro Law Review

No abstract provided.

Goodwin V. Turner: A Comparison Of American And Jewish Legal Perspectives On Procreation Rights Of Prisoners, Daniel Pollack, Chaim Steinmetz, Andrea Tellerman

Kentucky Law Journal

No abstract provided.

Violence And Violence Prevention Among African American Middle School Children, Daniel Lockwood Ph.D.

CNCR-Hewlett Foundation Seed Grant White Papers

This study contributes to school-based violence prevention programs by describing typical violent interactions. The findings come from the content analysis of transcribed interviews with 58 African-American middle school students who reported their participation in 121 violent incidents. The most frequent opening moves were offensive touching, interfering with possessions, hurtful play (including teasing), backbiting, requests to do something, and insults. About half the incidents occurred in school and a quarter took place at home. Respondents who acted violently often interpreted the situation as one in which they were being attacked or threatened. Other interpretations were that antagonists thought they had done …

The Forum (Volume 27, Number 3), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Vaporous And The Real In Former-Client Conflicts, Charles W. Wolfram

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Law School Bulletin 1996-97, Hofstra University School Of Law

Law School Bulletins

No abstract provided.

Family Systems Paradigm For Legal Decision Making Affecting Child Custody, Susan L. Brooks

Cornell Journal of Law and Public Policy

No abstract provided.

The Individuals With Disabilities Education Act, Sharon C. Streett

University of Arkansas at Little Rock Law Review

No abstract provided.

A Year In Practice: The Journal Of A Reflective Clinician, Stacy Caplow

Faculty Scholarship

No abstract provided.