LEGAL ETHICS & PROFESSIONAL RESPONSIBILITY eJOURNAL

"Healer, Witness, or Double Agent? Reexamining the Ethics of Forensic Psychiatry" Free Download

MATTHEW U. SCHERER, Washington Supreme Court - Law Clerk
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In recent years, psychiatrists have become ever more prevalent in American courtrooms. This trend has sparked a corresponding increase in psychiatric encounters that are initiated for forensic — rather than therapeutic — purposes. 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 have been proposed, but none of these prior approaches adequately addresses the ethical 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 focuses on the expectations of the evaluee and the ways in which the evaluating psychiatrist shapes those expectations to determine how and when the rules of medical ethics should apply to forensic psychiatric encounters.

"Exit, Voice, and Loyalty within the Judiciary: Judges’ Responses to New Managerialism in the Netherlands" Free Download
Utrecht Law Review, Vol. 11, No. 2, p. 49-63, June 2015

NINA HOLVAST, University of Amsterdam - Faculty of Law
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NIENKE DOORNBOS, University of Amsterdam - Faculty of Law
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Judges in the Netherlands recently expressed their concerns over the organisation of the judiciary and the pressure to deliver output in a manifesto, which was signed by approximately 700 out of a total of 2,500 judges. At the same time, the judges proclaimed to be highly committed to their work. In this article, we explore this apparent contradiction by studying recent developments in the organisation of the judiciary and in the selection and training of judges. We specifically focus on the consequences that these developments could have on the loyalty of judges. Thereby, we distinguish between loyalty towards the judicial organisation, towards the profession, and towards colleagues. In studying the organisational changes, we notice that it is the focus on the new public management principles that is of particular concern to the judges, as many of these principles may conflict with their professional values. We reason that their loyalty towards the organisation seems to have diminished and that the expressed commitment of judges is more a display of loyalty towards the profession and towards colleagues than towards the organisation.

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About this eJournal

This eJournal distributes working and accepted paper abstracts related to the legal profession. Coverage includes scholarship on the law governing lawyers, as well as theoretical or interdisciplinary approaches to normative questions related to lawyers and the legal profession.

Editor: W. Bradley Wendel, Cornell University

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LSN SUBJECT MATTER EJOURNALS

BERNARD S. BLACK
Northwestern University - School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

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Advisory Board

Legal Ethics & Professional Responsibility eJournal

STEPHEN GILLERS
Vice Dean and Professor of Law, New York University School of Law

DAVID J. LUBAN
Georgetown University Law Center

RONALD DANIEL ROTUNDA
Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, Chapman University, The Dale E. Fowler School of Law

WILLIAM H. SIMON
Arthur Levitt Professor of Law, Columbia University - Law School, William W. and Gertrude H. Saunders Professor of Law, Stanford University - Stanford Law School

DAVID B. WILKINS
Harvard University - Center on the Legal Profession

CHARLES W. WOLFRAM
Charles Frank Reavis Sr. Professor Emeritus, Cornell Law School