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Articles 1 - 9 of 9
Full-Text Articles in Law
The Death Penalty Spectacle, Tung Yin
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
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
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
Touro Law Review
No abstract provided.
Introducing Patient Scope Of Care: Psychologists, Psychiatrists, And The Privilege To Prescribe Drugs, Rachel P. Berland
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
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
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
Psychotherapeutic Treatment And Malpractice, David B. Saxe
Kentucky Law Journal
No abstract provided.
Irresistible Or Irresisted Impulse, Wladimir G. Eliasberg
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.