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Articles 1 - 9 of 9

Full-Text Articles in Law

The Death Penalty Spectacle, Tung Yin Dec 2019

The Death Penalty Spectacle, Tung Yin

University of Denver Criminal Law Review

No abstract provided.


Why Exempting Negligent Doctors May Reduce Suicide: An Empirical Analysis, John Shahar Dillbary, Griffin Edwards, Fredrick E. Vars Apr 2018

Why Exempting Negligent Doctors May Reduce Suicide: An Empirical Analysis, John Shahar Dillbary, Griffin Edwards, Fredrick E. Vars

Indiana Law Journal

This Article is the first to empirically analyze the impact of tort liability on suicide. Counter-intuitively, our analysis shows that suicide rates increase when potential tort liability is expanded to include psychiatrists—the very defendants who would seem best able to prevent suicide. Using a fifty-state panel regression for 1981 to 2013, we find that states which allowed psychiatrists (but not other doctors) to be liable for malpractice resulting in suicide experienced a 9.3% increase in suicides. On the other hand, and more intuitively, holding non-psychiatrist doctors liable de-creases suicide by 10.7%. These countervailing effects can be explained by psychiatrists facing …


Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer Dec 2016

Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer

Journal of Law and Health

In recent years, psychiatrists have become ever more prevalent in American courtrooms. Consequently, the issue of when the usual rules of medical ethics should apply to forensic psychiatric encounters has taken on increased importance and is a continuing topic of discussion among both legal and medical scholars. A number of approaches to the problem of forensic psychiatric ethics have been proposed, but none adequately addresses the issues that arise when a forensic encounter develops therapeutic characteristics. This article looks to the rules governing the lawyer-client relationship as a model for a new approach to forensic psychiatric ethics. This new model …


The Failure Of The Federal Courts To Incorporate O'Connor's Dangerousness Requirement Into The Standards Utilized In Actions Challenging Wrongful Civil Comments, Svetlana Walker Mar 2015

The Failure Of The Federal Courts To Incorporate O'Connor's Dangerousness Requirement Into The Standards Utilized In Actions Challenging Wrongful Civil Comments, Svetlana Walker

Touro Law Review

No abstract provided.


Introducing Patient Scope Of Care: Psychologists, Psychiatrists, And The Privilege To Prescribe Drugs, Rachel P. Berland Jan 2013

Introducing Patient Scope Of Care: Psychologists, Psychiatrists, And The Privilege To Prescribe Drugs, Rachel P. Berland

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Capital Punishment, Psychiatrists And The Potential Bottleneck Of Competence , Jacob M. Appel Jan 2011

Capital Punishment, Psychiatrists And The Potential Bottleneck Of Competence , Jacob M. Appel

Journal of Law and Health

The purpose of this paper is to merge two largely separate bodies of writing on the subject of psychiatric participation in capital punishment. Much has already been written from the perspective of legal academics regarding the rights of prisoners to be free from unwanted medical care if the purpose of providing such care is to render them fit for execution. Medical ethicists have also written much on the degree to which physicians, and specifically psychiatrists, may participate in facilitating the death penalty before they become so complicit as to violate accepted standards of professional ethics. Surprisingly, these two fields of …


Lawyers And Psychiatrists In The Court: Issues On Civil Commitment, Yorihiko Kumasaka, Raj K. Gupta Jan 1972

Lawyers And Psychiatrists In The Court: Issues On Civil Commitment, Yorihiko Kumasaka, Raj K. Gupta

Maryland Law Review

No abstract provided.


Psychotherapeutic Treatment And Malpractice, David B. Saxe Jan 1970

Psychotherapeutic Treatment And Malpractice, David B. Saxe

Kentucky Law Journal

No abstract provided.


Irresistible Or Irresisted Impulse, Wladimir G. Eliasberg Jan 1960

Irresistible Or Irresisted Impulse, Wladimir G. Eliasberg

Cleveland State Law Review

It is the purpose of this paper to show that the requirements made on psychiatry have not changed in the least since the application of the Durham Rule. It will be shown that now and in the future as before, the demonstration of the development and the dynamics of the mental processes is what the psychiatrist has to offer. Questions of guilt are not in his province. Now as before this latter remains the prerogative and obligation of the finders of fact, not of the experts.