Malpractice & Negligence: State Supreme Courts Limit Therapists’ Duties to Third Parties

1999 ◽  
Vol 27 (2) ◽  
pp. 204-205
Author(s):  
Megan Cleary
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Supreme Court ◽  
New Hampshire ◽  
Third Parties ◽  
State Supreme Courts ◽  
Recovered Memories ◽  
Supreme Courts ◽  
Repressed Memory ◽  
University Of Colorado

In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 (1995): 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478 (N.H. 1998), allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256 (Iowa 1999), and California, in Eear v. Sills, 82 Cal. Rptr. 281 (1991), rejected lawsuits brought by nonpatients for professional liability.

Supreme Court Elections: How Much They Have Changed, Why They Changed, and What Difference It Makes

2017 ◽  
Vol 42 (03) ◽  
pp. 900-923 ◽  
Author(s):  
Lawrence Baum
Keyword(s):  
United States ◽  
Supreme Court ◽  
Interest Group ◽  
The United States ◽  
Business Community ◽  
State Supreme Courts ◽  
Supreme Courts ◽  
Electoral Campaigns ◽  
State Supreme Court ◽  
Selection Systems

This essay draws on four recent studies of elections to state supreme courts in the United States to probe widely perceived changes in the scale and content of electoral campaigns for seats on state supreme courts. 1 Evidence from these studies and other sources indicates that changes have indeed occurred, though they are more limited than most commentaries suggest. These changes stem most directly from trends in state supreme court policy that have attracted interest-group activity, especially from the business community. Like their extent, the effects of change in supreme court campaigns have been meaningful although exaggerated by many observers. What we have learned about changes in supreme court elections has implications for choices among selection systems, but those implications are mixed and complex.

Repressed Memory or Dissociative Amnesia: What the Science Says

1996 ◽  
Vol 24 (2) ◽  
pp. 143-188 ◽  
Author(s):  
Alan W. Scheflin ◽  
Daniel Brown
Keyword(s):  
Sexual Abuse ◽  
Childhood Sexual Abuse ◽  
Random Sampling ◽  
Scientific Literature ◽  
Recovered Memories ◽  
Repressed Memory ◽  
Repressed Memories ◽  
Dissociative Amnesia ◽  
Accepted Standard

Legal actions of alleged abuse victims based on recovered memories of childhood sexual abuse (CSA) have been challenged arguing that the concept of repressed memories does not meet a generally accepted standard of science. A recent review of the scientific literature on amnesia for CSA concluded that the evidence was insufficient. The issues revolve around: (1) the existence of amnesia for CSA, and (2) the accuracy of recovered memories. A total of 25 studies on amnesia for CSA now exist, all of which demonstrate amnesia in a subpopulation; no study failed to find it, including recent studies with design improvements such as random sampling and prospective designs that address weaknesses in earlier studies. A reasonable conclusion is that amnesia for CSA is a robust finding across studies using very different samples and methods of assessment. Studies addressing the accuracy of recovered abuse memories show that recovered memories are no more or no less accurate than continuous memories for abuse.

Judicial Review in State Supreme Courts: A Comparative Study. By Laura Langer. Albany: State University of New York Press, 2002. 192p. $62.50 cloth, $20.95 paper.

2002 ◽  
Vol 96 (4) ◽  
pp. 826-827
Author(s):  
Donald R. Songer
Keyword(s):  
New York ◽  
Supreme Court ◽  
Judicial Review ◽  
Separation Of Powers ◽  
State University ◽  
State Supreme Courts ◽  
Judicial Decision ◽  
Supreme Courts ◽  
Judicial Decision Making ◽  
Almost All

Interest in strategic approaches to an understanding of judicial decision making, including the implications of the separation of powers (SOP), has grown dramatically in recent years. Unfortunately, almost all the research on these SOP interactions has been limited to those involving the U.S. Supreme Court. Laura Langer's book provides a refreshing alternative to the exclusive Supreme Court focus by examining the significance of separation of powers concerns for the exercise of judicial review by state supreme courts.

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