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Full-Text Articles in Law

Therapists' Liability To The Falsely Accused For Inducing Illusory Memories Of Childhood Sexual Abuse - Current Remedies And A Proposed Statute, Joel Jay Finer Jan 1996

Therapists' Liability To The Falsely Accused For Inducing Illusory Memories Of Childhood Sexual Abuse - Current Remedies And A Proposed Statute, Joel Jay Finer

Journal of Law and Health

While sexual abuse of children has always been a real and horrific phenomenon (a fact unrecognized until relatively recently), the issue this Article will explore is whether, and under what circumstances, a person wrongly accused has, or should have, one or more causes of action against a therapist for culpably inducing the pseudomemory. To refine and make more rational legal actions by persons falsely accused of childhood sexual molestation (arguably justified under existing legal doctrine), this Article will propose specific legislation authorizing a lawsuit under codified circumstances and conditions.


Branding The Sexual Predator: Constitutional Ramifications Of Federal Rules Of Evidence 413 Through 415, Margaret C. Livnah Jan 1996

Branding The Sexual Predator: Constitutional Ramifications Of Federal Rules Of Evidence 413 Through 415, Margaret C. Livnah

Cleveland State Law Review

This Note seeks to address both the potential constitutional consequences of the newly passed Federal Rules of Evidence 413 and 414 and the problems that these revisions were designed to remedy. Section II will introduce the history of the passage of these controversial revisions as primarily a political process and one which bypassed the standard rules of practice. Section III will address the procedural violations and the troubling inconsistency of the new rules with the federal courts' interpretation of the other Federal Rules of Evidence. Section IV of this Note will address the substantive constitutional issues presented by these amendments, …