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Articles 1 - 9 of 9
Full-Text Articles in Law
Freud And Critical Legal Studies: Contours Of A Radical Socio-Legal Psychoanalysis, David S. Caudill
Freud And Critical Legal Studies: Contours Of A Radical Socio-Legal Psychoanalysis, David S. Caudill
Indiana Law Journal
No abstract provided.
Way Beyond Candor, Gail Heriot
Way Beyond Candor, Gail Heriot
Michigan Law Review
Scott Altman's excellent article, Beyond Candor, causes me to pose this query: Does his theory contain not only the seeds of its own rejection, but perhaps also (if I am not careful) the seeds of the rejection of its rejection?
Altman tells us of the orthodox view that judges should be encouraged to be both honest with the public and honest with themselves about how they arrive at their decisions. Through this combination of public candor and critical introspection, judges will produce better judicial opinions and ultimately a better legal system, or so the argument runs.
Shame, Culture, And American Criminal Law, Toni M. Massaro
Shame, Culture, And American Criminal Law, Toni M. Massaro
Michigan Law Review
The purpose of this Article is to analyze whether this link is one that American criminal court judges can, or should, exploit. I begin with a description of the new shaming sanctions and the possible justifications for this type of penalty. I then identify both psychological and anthropological aspects of the phenomenon of shame, or "losing face." I describe several cultures in which shaming practices are, or were, significant means of sanctioning behavior, and outline the shared features of these cultures.
These psychological and anthropological materials, taken together, suggest that shaming practices are most effective and meaningful when five conditions …
Understanding Legal Compliance, V. Lee Hamilton
Understanding Legal Compliance, V. Lee Hamilton
Michigan Law Review
A Review of Why People Obey the Law by Tom R. Tyler
Senate Bill 43: A Refinement Of North Carolina's Involuntary Civil Commitment Procedures, Bruce Vrana
Senate Bill 43: A Refinement Of North Carolina's Involuntary Civil Commitment Procedures, Bruce Vrana
Campbell Law Review
In Part I, this Comment will examine the historical context of Senate Bill 43. Part II will review the evolution of due process rights of mentally ill people who undergo involuntary civil commitment proceedings. Part III will demonstrate that the new requirements of Senate Bill 43 for automatic commitment and burden of proof do not violate insanity acquittees' due process rights. Part IV will show that the new "dangerousness test" of Senate Bill 43 endangers due process rights of insanity acquittees. Part V will discuss the constitutionality of retrospective application of these different procedures to patients whose commitments predate the …
Legal Rape: The Marital Rape Exemption, 24 J. Marshall L. Rev. 393 (1991), Sandra L. Ryder, Sheryl A. Kuzmenka
Legal Rape: The Marital Rape Exemption, 24 J. Marshall L. Rev. 393 (1991), Sandra L. Ryder, Sheryl A. Kuzmenka
UIC Law Review
No abstract provided.
I Shot The Sheriff, But Only My Analyst Knows: Shrinking The Psychotherapist-Patient Privilege, Brian Domb
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 …
Rights Within The Therapeutic Relationship, Patricia King
Rights Within The Therapeutic Relationship, Patricia King
Journal of Law and Health
My thesis is that the failure of these rights to be implemented in any meaningful way for persons with mental illness is the result of a narrow image of rights which emphasizes the individual, valuing autonomy independent of care, and sacrifices relationship and the connection to the community. By conceiving of rights in such a way, we strengthen the individual but do not address the reality of the context or relationship within which persons with mental illness will actualize these rights. This failure to recognize and account for the disequilibrium within therapeutic relationships and the necessity of caring within such …
The Suicidal Decedent: Culpable Wrongdoer, Or Wrongfully Deceased, 24 J. Marshall L. Rev. 463 (1991), Allen C. Schlinsog Jr.
The Suicidal Decedent: Culpable Wrongdoer, Or Wrongfully Deceased, 24 J. Marshall L. Rev. 463 (1991), Allen C. Schlinsog Jr.
UIC Law Review
No abstract provided.