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Tarasoff at Thirty: How Developments in Science and Policy Shape the Common Law

25 Pages Posted: 15 Feb 2007  

John Monahan

University of Virginia School of Law

Abstract

In an article for a symposium issue of the Cincinnati Law Review on the thirtieth anniversary of the Tarasoff decision, finding therapists potentially liable in tort for the violent acts of their patients, I address two types of change that have occurred in the past three decades: change in the science of violence risk assessment, and change in American mental health policy. In Part I, I analyze the growing body of empirical research supporting the proposition that in order to maximize validity, violence risk assessments must be either partially or completely structured. In Part II, I consider current developments in American mental health policy on outpatient commitment and its implications for violence prevention and for vicarious liability.

Keywords: violence, risk assessment, tort, psychiatry, psychology

JEL Classification: K13

Suggested Citation

Monahan, John, Tarasoff at Thirty: How Developments in Science and Policy Shape the Common Law. University of Cincinnati Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=963205

John Monahan (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States
434-924-3632 (Phone)

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