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Articles 1 - 10 of 10

Full-Text Articles in Law

Factitious Disorders And Trauma-Related Diagnoses, Daniel Brown, Alan Scheflin Oct 1999

Factitious Disorders And Trauma-Related Diagnoses, Daniel Brown, Alan Scheflin

Faculty Publications

The recent plethora of lawsuits involving allegations of iatrogenically implanted memories of satanic ritual abuse and other traumas has highlighted the existence of a unique group of psychiatric patients. Although these patients are often successful at deceiving therapists (and sometimes juries), the case studies in this special issue reveal the chronic nature of their propensity to invent traumatic identities and past histories. The core clinical features of affect dysregulation, somatization, and impaired object relations, together with frequent histories of alcohol and substance abuse, parallel the psychiatric co-morbidity frequently found in genuine trauma victims. These case studies also point to early …


Dedication: Tribute To Justice Stanley Mosk, Gerald F. Uelmen Jan 1999

Dedication: Tribute To Justice Stanley Mosk, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Free Trade And The Environment: The Nafta, The Naaec, And Implications For The Future, Tseming Yang, Ignacia S. Moreno, James W. Rubin, Russell F. Smith Iii Jan 1999

Free Trade And The Environment: The Nafta, The Naaec, And Implications For The Future, Tseming Yang, Ignacia S. Moreno, James W. Rubin, Russell F. Smith Iii

Faculty Publications

No abstract provided.


Additional Thoughts On Romanian Clinical Legal Education: A Comment On Uphoff's "Confessions Of A Clinician Educator", Kandis Scott Jan 1999

Additional Thoughts On Romanian Clinical Legal Education: A Comment On Uphoff's "Confessions Of A Clinician Educator", Kandis Scott

Faculty Publications

In his essay "Why In-House Live Client Clinics Won't Work in Romania: Confessions of a Clinician Educator,"' Professor Rodney Uphoff relates that he went to Romania with the notion of "practicing and modeling what we preach' in the United States, but he discovered that this model does not fit the Romanian system and available resources. Professor Uphoff's critique of the feasibility of superimposing American solutions onto Romanian problems evidences a fundamental respect for other cultures and their right to selfdetermination. His essay reminds us to look afresh at clinical curriculum and methods in the United States as well as abroad. …


The False Litigant Syndrome: "Nobody Would Say That Unless It Was The Truth", Alan Scheflin, Daniel Brown Jan 1999

The False Litigant Syndrome: "Nobody Would Say That Unless It Was The Truth", Alan Scheflin, Daniel Brown

Faculty Publications

In this article we intend to focus on the narrow but increasingly more signif icant issue of retractors in malpractice actions against therapists. It is generally believed that people do not make confessions unless they are actually guilty. It is also generally believed that retractors who recant their earlier statements must now be telling the truth. Courts have allowed expert testimony to be admitted on the issue of why people will falsely confess. In this paper we argue that expert testimony on why people falsely recant should also be admissible.


Book Review: Cameras In The Courtroom: Television And The Pursuit Of Justice, Gerald F. Uelmen Jan 1999

Book Review: Cameras In The Courtroom: Television And The Pursuit Of Justice, Gerald F. Uelmen

Faculty Publications

No abstract provided.


The Expressive Function Of Succession Law And The Merits Of Non-Marital Inclusion, E. Gary Spitko Jan 1999

The Expressive Function Of Succession Law And The Merits Of Non-Marital Inclusion, E. Gary Spitko

Faculty Publications

Intestacy statutes seek to further donative freedom by effectuating the attributed intent of those who fail to execute a valid estate plan during life. One might reasonably hypothesize that gay men and lesbians, on the whole, differ from the non-gay majority with respect to their donative intent. The fundamental difference in romantic and affectional preferences between gay people and non-gay people is likely to produce such a disparate donative intent. Much anecdotal evidence and recent empirical evidence strongly support this hypothesis.

Article II of the Uniform Probate Code presently ignores the existence of gay men and lesbians, despite the drafters' …


Judge Not: In Defense Of Minority-Culture Arbitration, E. Gary Spitko Jan 1999

Judge Not: In Defense Of Minority-Culture Arbitration, E. Gary Spitko

Faculty Publications

Arbitration can serve as a necessary safe harbor from procedural and substantive cultural bias in the general public courts. Arbitration also can serve as a laboratory for process reforms as cultural minorities attempt to craft rules that better govern their lives than do the purportedly “one size fits all” rules that the majority has crafted. In so allowing cultural minorities to structure their lives and legal disputes in ways that reflect their particular needs, minority-culture arbitration also has great potential for habituating the general public to the realities of the lives of cultural minorities and to the notion that custom-made …


Balancing Interests And Maximizing Rights In Envrionmental Law, Tseming Yang Jan 1999

Balancing Interests And Maximizing Rights In Envrionmental Law, Tseming Yang

Faculty Publications

No abstract provided.


The Bard And The Bench: An Opinion And Brief Writer's Guide To Shakespeare, Robert Peterson Jan 1999

The Bard And The Bench: An Opinion And Brief Writer's Guide To Shakespeare, Robert Peterson

Faculty Publications

This work is a legal brief writer's and opinion drafter's guide to Shakespeare. It collects and catalogues by topic citations to plays, poems, or passages that are actually found in judicial opinions. This essay also suggests a few uncited orphans deserving a home in brief or opinion. The catalogue is web based; the reader may search it in its electronic format or download it for old-fashioned browsing.