Social and Behavioral Sciences Commons^™

Tarasoff, The Doctrine Of Special Relationships, And The Psychotherapist's Duty To Warn, Robert F. Schopp, Michael R. Quattrocchi

Nebraska College of Law: Faculty Publications

The California Supreme Court, in its controversial Tarasoff decision, ruled that a psychotherapist may be found negligent when he fails to prevent his patient from harming someone.

When a therapist determines, or pursuant to the standards of his profession should determine, that his patient presents a serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger. The discharge of this duty may require the therapist to take one or more of various steps, depending on the nature of the case. Thus it may call for him to warn …

Section 547(C)(1) And Delayed Perfection Of Security Interests In The Ninth Circuit: In Re Vance, 721 F.2d 259 (9th Cir. 1983), Richard F. Duncan

Nebraska College of Law: Faculty Publications

The Bankruptcy Reform Act's treatment of belatedly perfected security interests in personal property is enigmatic, because it attempts to employ preference law to avoid a class of transfers, so-called "secret liens," that are not true preferences. When a security interest is granted in exchange for contemporaneous value, preference policy in bankruptcy is not offended, because the transaction does not cause a depletion of the debtor's estate for the benefit of a particular creditor. However, the effect of the timing rules of section 547(e) of the Bankruptcy Reform Act is to treat most security interests perfected during the preference period and …