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Full-Text Articles in Law
Mental Health Malpractice In The 1990s, Steven R. Smith
Mental Health Malpractice In The 1990s, Steven R. Smith
Steven R. Smith
This article analyzes the current levels and kinds of mental health malpractice claims. It also discusses the direction of individual and institutional malpractice in the 1990s and considers potential reforms. Finally, the article argues that the current system is inadequate to deal with many mental health injuries and that patient plaintiffs should have the option of pursuing malpractice claims in a private, less threatening forum.
Constitutional Privacy In Psychotherapy, Steven R. Smith
Constitutional Privacy In Psychotherapy, Steven R. Smith
Steven R. Smith
No abstract provided.
Medical And Psychotherapy Privileges And Confidentiality: On Giving With One Hand And Removing With The Other, Steven R. Smith
Medical And Psychotherapy Privileges And Confidentiality: On Giving With One Hand And Removing With The Other, Steven R. Smith
Steven R. Smith
This Article reviews both the giving and the taking away: the protections afforded to confidentiality by privileges and legal duties, and the way those protections are eroded. The duties of professionals and others to maintain confidences are noted, but testimonial privileges are emphasized. This Article proposes reforms in the way we try to protect confidentiality and suggests that the protection of therapy confidences be dealt with as a coherent whole (privileges and obligations of confidentiality should be dealt with together). Exceptions to privileges should be reduced and narrowed, and federal law should recognize the desirability of a consistent approach to …
Law, Behavior, And Mental Health: Policy And Practice, Steven Smith
Law, Behavior, And Mental Health: Policy And Practice, Steven Smith
STEVEN R SMITH
No abstract provided.
From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith
From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith
Steven R. Smith
No abstract provided.
Can The Right To Personal Liberty Be Interpreted In A Paternalistic Manner? : Cases On The Mental Health Act 2001, Darius Whelan
Can The Right To Personal Liberty Be Interpreted In A Paternalistic Manner? : Cases On The Mental Health Act 2001, Darius Whelan
Darius Whelan
Why It Is Essential To Teach About Mental Health Issues In Criminal Law (And A Primer On How To Do It), Richard E. Redding
Why It Is Essential To Teach About Mental Health Issues In Criminal Law (And A Primer On How To Do It), Richard E. Redding
Richard E. Redding
Studies consistently show a high prevalence of mental disorders among criminal defendants. Forensic mental health issues thus arise frequently in the criminal justice system and are commonly encountered by prosecutors, defense attorneys, and judges - much more so than some criminal law doctrines (e.g., necessity, duress, impossibility) routinely taught in criminal law courses. Yet rarely are students taught about mental illness, how to represent mentally ill clients, adjudicative competence, the mental health needs of various offender groups and how these unmet needs may contribute to criminal behavior, or the use of mental health mitigation evidence at sentencing. If taught at …