Digital Commons Network^™

Defense Expert Testimony On Rape Trauma Syndrome: Implications For The Stoic Victim, Nicole Rosenberg Economou

UC Law Journal

The Indiana Supreme Court recently held that because the alleged victim of a traumatic rape was observed dancing and drinking the night after the rape, it was not likely that she in fact was raped. This Note examines the literature and judicial decisions regarding the phenomenon of "rape trauma syndrome" in an effort to assess whether the Indiana decision was correct in its application of novel scientific evidence and whether it is appropriate for either the prosecution or defense to use expert testimony regarding the victim's post-rape mental state to prove or deny consent. The author suggests that the public …

Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Images Of Mothers In Poverty Discourses, Martha Albertson Fineman

Faculty Articles

This Essay focuses on the construction of the concept of "Mother" in poverty discourses. It addresses the role of patriarchical ideology in the process whereby a characteristic typical of a group of welfare recipients has been selected and identified as constituting the cause as well as the effect of poverty. I am particularly interested in those political and professional discourses in which single Mother status is defined as one of the primary predictors of poverty. This association of characteristic with cause has fostered suggestions that an appropriate and fundamental goal of any proposed poverty program should be the eradication of …

The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera

Faculty Scholarship

No abstract provided.

Delinquency Prevention: Where's The Beef, Ira M. Schwartz

Journal of Criminal Law and Criminology

No abstract provided.

Children Without Homes: Rights To Education And To Family Stability, Stanley S. Herr

University of Miami Law Review

No abstract provided.

Mediation: Part Ii: Mediation In Florida, Geraldine Lee Waxman, Sharon Press

Nova Law Review

The mediation process starts when the parties have tentatively decided

to explore mediation as an option to resolve a dispute.

Lessons From Norway: The Children's Ombudsman As A Voice For Children, Gary B. Melton

Case Western Reserve Journal of International Law

No abstract provided.

Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel

Journal Articles

No abstract provided.

Governmental Inaction As As Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells

Washington Law Review

DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney opinion is …

The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera

Journal of Law and Health

In this article, we will examine the conditions which have created the boarder baby epidemic and the attendant problem of lack of availability of foster care. We will briefly examine the social, cultural, psychological and political parameters which have determined the dynamics of this problem. Finally, we will review some earlier attempts toward the resolution of the problem and provide an overview evaluating the bona fides of those approaches. Our analysis will also draw upon relevant events which have occurred in other American cities that help us to understand this problem.

The Discovery Of Medical Records Maintained By Health Care Facilities: Inconsistent Law In Need Of Legislative Correction, Susan O. Scheutzow, Anthea R. Daniels

Journal of Law and Health

This article will review current law in Ohio regarding the protection of medical records maintained by Ohio health care facilities. The Ohio law of privileged communications between health care professionals and patients also will be traced to show how only communications between patients and their physicians, dentists, psychologists, and social workers are currently protected. Since similar public policy reasons may apply to the protection of communications between a wider range of health care professionals and their patients as those communications with physicians, dentists, psychologists, and social workers, this article will discuss why the public policy reasons supporting the initial adoption …

I Shot The Sheriff, But Only My Analyst Knows: Shrinking The Psychotherapist-Patient Privilege, Brian Domb

Journal of Law and Health

This Note will discuss the psychotherapist-patient privileges as it relates to past crimes and will use the Menendez facts to analyze different problems associated with the privilege. First, privileges law in general will be described with an emphasis on the public policy rationales supporting the specific privileges; ample space will then be devoted exclusively to the psychotherapist -patient privilege, especially the unique problems associated with having any exceptions which allow testimony of psychotherapeutic communications. The Note will then discuss the recognized exceptions to the psychotherapist privilege to see if a case can be made for an exception relating to past …

Promise And Problems In Divorce Mediation, Steven T. Knuppel

Journal of Dispute Resolution

In the past two decades, mediation in general has gained increasing acceptance in the legal community.' "[T]he search for alternative methods of resolving disputes has burgeoned to 'a movement'."2 In the divorce context, particularly, mediation has been seen by some as a more suitable process than the adversary system. 3 Proponents of mediation assert that the adversary system involves debilitating expense, frustrating delay, 4 and fails to address the emotional needs of the parties.5 Adversarial tactics often aggravate rather than resolve spousal differences, 6 though an amicable settlement might be in the best interests of both parties, especially when there …

Elder Abuse And The States' Adult Protective Services Response: Time For A Change In California, Audrey S. Garfield

UC Law Journal

Most Americans would be shocked to learn that an estimated five percent, or 1.5 million, elderly Americans regularly are victims of abuse. In California there were 12,000 reports of abuse during 1986-1987, a forty-five percent increase in reports from the previous year. With the rapid growth of the elderly population and of the numbers of abused elders nationwide and particularly in California, elder abuse, as well as other problems peculiar to this population, demand and deserve greater attention and resources.

This note explores the scope of the elder abuse problem and reviews states' reponses to the problem in domestic and …

Evaluating Ethics Committees: What Do We Mean By Success?, Gail J. Povar

Maryland Law Review

No abstract provided.

Cost And Compensation Of Injuries In Medical Malpractice, Frank A. Sloan, Stephen S. Van Wert

Law and Contemporary Problems

Compensation determinations for victims of medical malpractice were studied. Results showed that for birth-related and emergency room cases of permanent injury in Florida, a claimant receiving much more than economic loss in compensation more nearly appears to be the exception than the norm.

Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells

Scholarly Works

DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney opinion is …

Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney

Articles

No abstract provided.

Racial Insults And Free Speech Within The University, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This article examines the constitutionality of university prohibitions of public expression that insults members of the academic community by directing hatred or contempt toward them on account of their race. Several thoughtful scholars have examined generally whether the government can penalize citizens for racist slurs under the first amendment, but to the limited extent that they have discussed university disciplinary codes they have assumed that the state university is merely a government instrumentality subject to the same constitutional limitations as, for example, the legislature or the police. In contrast, I argue that the university has a fundamentally different relationship to …

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

Policy Implications For Children's Law In The Aftermath Of Maryland V. Craig, Mark A. Small, Ira M. Schwartz

Seton Hall Constitutional Law Journal

No abstract provided.

Television Technology And Moral Literacy, Clifford G. Christians

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society March 22, 1990.

Deshaney's Unfinished Business: The Foster Child's Due Process Right To Safety, Laura Oren

North Carolina Law Review

No abstract provided.

Bureau Of Automotive Repair, D. Hicks

California Regulatory Law Reporter

No abstract provided.

Board Of Barber Examiners, T. Enochs

California Regulatory Law Reporter

No abstract provided.

Board Of Behavioral Science Examiners, J. Brenner

California Regulatory Law Reporter

No abstract provided.

Board Of Barber Examiners, P. Flynn, Jr.

California Regulatory Law Reporter

No abstract provided.

Board Of Behavioral Science Examiners, S. Hillard

California Regulatory Law Reporter

No abstract provided.

The Political Structure Of The Federal Brazilian Republic Under The Constitution Of 1988, Augusto Nobre

University of Miami Inter-American Law Review

No abstract provided.