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At least 19 recordsLinked to original sources
PubMed2000

Disclosure of tests and raw test data to the courts: a need for reform.

Psychologists' current practices with respect to the disclosure of tests and raw test data to courts are damaging their reputations as scientists, undermining their credibility as honest professionals acting in good faith, and contrary to the best interests of consumers. The profession is conducting itself in a contradictory fashion that deserves reform. There is need for an interdisciplinary panel drawn from the American Psychological Association and American Bar Association to develop reasonable procedures for disclosure of tests and test data in legal proceedings. These procedures should be developed with input from experienced psychological expert witnesses, attorneys, and judges from a variety of state and federal jurisdictions, diverse geographical areas, and different types of legal proceedings. This expert panel should also address the issue of attorney coaching of clients in preparation for assessment by psychologists.

Confidentiality↗
PubMed1988

United States v. Lyons: toward a new conception of legal insanity.

In United States v. Lyons (1984), the U.S. Fifth Circuit Court altered its definition of legal insanity to conform with recent recommendations of the American Bar Association and the American Psychiatric Association. This paper briefly reviews the social and legal context of the Court's ruling. The author then discusses the insanity defense's rationale and suggests an interpretation of the Court's new definition that should guide psychiatric testimony.

Cognition↗
PubMed1991

The presentation of expert testimony via live audio-visual communication.

As part of a national effort to improve efficiency in court procedures, the American Bar Association has recommended, on the basis of a number of pilot studies, increased use of current audio-visual technology, such as telephone and live video communication, to eliminate delays caused by unavailability of participants in both civil and criminal procedures. Although these recommendations were made to facilitate court proceedings, and for the convenience of attorneys and judges, they also have the potential to save significant time for clinical expert witnesses as well. The author reviews the studies of telephone testimony that were done by the American Bar Association and other legal research groups, as well as the experience in one state forensic evaluation and treatment center. He also reviewed the case law on the issue of remote testimony. He then presents data from a national survey of state attorneys general concerning the admissibility of testimony via audio-visual means, including video depositions. Finally, he concludes that the option to testify by telephone provides a significant savings in precious clinical time for forensic clinicians in public facilities, and urges that such clinicians work actively to convince courts and/or legislatures in states that do not permit such testimony (currently the majority), to consider accepting it, to improve the effective use of scarce clinical resources in public facilities.

Expert Testimony↗
PubMed1978

Report on the American Society of Hospital Attorneys of the American Hospital Association.

Since the time of its formation, the American Society of Hospital Attorneys has provided focus and leadership in the field of health law. It was, for example, the principal force in moving the American Bar Association in 1974 to recognize "health care and hospital law" as a field of law that can be listed in legal directories such as Martindale-Hubbell. It membership includes most of the leaders in the field of health law, including the elected and administrative heads of most other health law groups. Because it had a dedicated and active leadership, an extensive and diverse membership, and a unique relationship with the American Hospital Association, the Society with continue to play a major role in the development and exposition of "health care and hospital" law. In so doing, it will always attempt to hew to its original purpose: service to the attorneys representing the nation's hospitals, to enable them to better represent their client institutions.

American Hospital Association↗
PubMed1993

The impact of the Patient Self-Determination Act's requirement that states describe law concerning patients' rights.

As of December 1991, the Patient Self-Determination Act (PSDA) mandated that health care institutions which receive funding from Medicare or Medicaid provide written information about persons' rights to participate in medical decision-making and formulate advance directives. The PSDA required each state "...acting through a State agency, association, or other private nonprofit entity develop a written description of the law of the State (whether statutory or as recognized by the courts of the State) concerning advance directives that would be distributed by providers or organizations under the requirements of [the Act]." This mandate allowed each state considerable flexibility in its approach to the process of writing the state description and to its content. In 1990, the American Bar Association's Commission on Legal Problems of the Elderly prepared and distributed the Patient Self Determination Act: State Law Guide to assist each state in preparing its written description of state law. In follow-up to the distribution of this guide, we conducted a telephone survey with a representative from each state (including the District of Columbia) about each state's process for writing the state law description. This paper presents an evaluation of the process used by the states and of the documents they produced.

Advance Directives↗
PubMed1976

A consideration of legal issues in child custody contests. Implications for change.

The author reviews the criteria by which courts award custody of children and determine visitation rights. In the case described there have been repeated attempts by the noncustodial father to obtain visitation and to modify custody arrangements. A review of literature pertaining to the effects of divorce on children reveals an absence of the type of empirical studies that would be most effective in influencing the courts. The practices outlined in the Uniform Marriage and Divorce Act, model legislation recently approved by the american Bar Association, are discussed in relation to the case, and are not found to improve appreciably on current practice. The author suggests that the condition of children in the courts can be considerably improved by the involvement of child psychiatrists in consultation, education, and empirical research.

Child↗
PubMed1979

It's roundup time for the runaway regulators.

Alexander reviews some of the problems caused by governmental regulation of business practices and considers some of the current moves to decrease regulatory intervention. According to the author, this is the first time in 15 years Congress has acknowledged that regulation is a matter of serious concern. The trigger was a 1978 proposal of the Federal Trade Commission (FTC) to extend its control over the voluntary product standards established by industry. Prior to that action, the author states, the FTC was condemned for listless enforcement. Economists blame excessive regulation for low productivity, lack of innovation, inflation, unemployment, and shortages. The author points out that the stringent rules of the Federal Drug Administration (FDA) have brought about a steep decline in the number of new drugs introduced--drugs which presumably could have prevented considerable suffering and quite a few deaths. The author thinks that the gold medal earned by the FDA for its refusal to approve Thalidomide has fostered a siege mentality--"We only get into trouble by approving something." The stringent regulations have caused voter dissatisfaction, as evidenced by the attempt of the FDA to bar the use of saccharine. In an effort to restore political accountability, Congress is considering strengthening the oversight of agencies by elected officials. The House of Representatives favor the wider use of the "legislative veto." This would make any new rule an agency writes subject to nullification by either House of Congress for a 60-day period. The Senate prefers a "sunset" approach, which would require that regulations, spending programs, and even entire agencies undergo periodic reapproval. A study carried out by the American Bar Association (ABA) singles out the congressional sin of needlessly enlarging the burden of regulation by creating a new agency every time it perceives a problem, eventually resulting in sharply increased regulatory compliance costs. The same ABA study recommends that each agency be required to prepare an analysis of the likely costs and benefits of their proposed rulings and of recommended regulations in light of established national priorities. Alexander concludes that the ABA recommendation for increased reliance upon the competitive market is an essential step in encouraging regulatory reform.

Commerce↗
PubMed1984

Codes of professional responsibility for lawyers: ethics or law?

The American Bar Association has three times in this century produced a code of ethics for lawyers. The movement has clearly been from a general, hortatory format to one of a statement of principles of law. In the ABA's latest effort, the problems of client confidentiality loom as the most serious and most difficult to solve. The question of ethics versus law weighs heavily in this context, and the ABA's latest resolutions of the confidentiality problems are found to be unsatisfactory.

Ethics, Professional↗