Syllabus for Law & Psychology Seminar

Professor Daicoff

Fall, 1999

Office: Room 545

Tel: (614) 236-6273

e-mail: sdaicoff@law.capital.edu

BRIEF COURSE DESCRIPTION:

This course will focus on a variety of areas in which the disciplines of law and psychology intersect.

GRADING AND COURSE REQUIREMENTS:

1. Paper: 85%

Twenty-five percent (25%) of your grade will be based on your grade on the rough draft of your student paper.

Sixty percent (60%) of your grade will be based on your grade on the final paper.

2. Class Presentation and Participation: 15%

Seven and a half percent (7.5%) of your grade will be based on your grade on your oral presentation of your paper topic.

Seven and a half percent (7.5%) of your grade will be based on your level of class participation, including attendance, in-class exercises, and take-home assignments, written and oral.

Paper Topic: By the end of the third class meeting on Tuesday, September 7, 1999, you must choose a paper topic from the topics contained in this syllabus or in the table of contents of the text, or one which has been expressly approved by me, and submit a written description of the topic to me. Outline and Bibliography: By the end of the seventh class meeting on Tuesday, October 5, 1999, a one-page outline of your paper and a bibliography of the sources to be cited in your paper (not in Blue Book form) are due.

Rough Draft: A rough draft of your paper must be submitted to me by the end of the eleventh class meeting on Tuesday, November 2, 1999. Rough drafts should be typewritten and complete in text, have footnotes and a bibliography, and follow the citation form and other rules regarding matters of form which are found in The Bluebook: A Uniform System of Citation (16th ed., 1996) for law review articles. Late rough drafts may not be graded or returned in a timely fashion. Rough drafts are normally graded in approximately two weeks.

Final Paper: Final papers must be submitted to me no later than 5:00 p.m. on the last day of classes for the semester, Wednesday, December 1, 1999. Submit: (1) the original and one copy of the final paper (the copy, with no grade or other marks or corrections thereon, will be placed in the library). Indicate whether your paper will fulfill the upper-class writing requirement. Failure to meet this deadline may result in your grade on the final paper being lowered by one "Increment" (defined on page 3).

Final papers MUST:

    1. generally be written in the form of a law review article, with appropriate citations to

sources;

2. follow the citation form and other rules regarding matters of form which are found in The Bluebook: A Uniform System of Citation (16th ed., 1998) for law review articles (among other things, this means notes rather than internal citations, and a bibliography);

3. have notes at the foot of each page (footnotes) and have an appropriate number of footnotes;

4. be at least twenty (20) and not more than thirty (30) pages long, excluding footnotes, and cite at least thirty (30) different sources (excluding newspapers, magazines, websites, periodicals, films, and other nonacademic sources);

5. be typewritten, double-spaced (except footnotes can be single-spaced and in 10-12 cpi)), in a font of no more or less than 12 characters per inch (Times Roman font is preferred), and on 8 1/2 X 11 white cotton bond paper, with top, bottom, and side margins of no larger or smaller than one inch (1"); and

6. be on the topic you selected initially (unless you discuss a change with me and obtain my permission).

Additionally, on the cover, visible from the outside front of the paper, should appear: student's name, professor's name, title of paper, name of course, and date of submission. All papers should contain an introduction, a conclusion, and at least three major sections: (1) law, (2) psychology, and (3) the integration of law and psychology. Additional directions regarding the final papers will be given during the course of the semester.

Class Presentations: Each student will make a formal, in-class, oral presentation to the class on his or her paper topic. Presentations will be no less than fifteen minutes in length.

Class Participation and Attendance: Class attendance and class participation are required. Students are expected to attend every class session, have read the reading assignment prior to class, be prepared to discuss the assigned reading, and participate in class discussions when those occur. In addition, during student presentations students are expected to ask questions or comment. From time to time, short written papers or in-class assignments may be assigned. Performance on these papers and assignments is counted towards the class participation portion of the course grade.

In addition to the above, the professor reserves the right to lower a student’s overall grade in the course by one "Increment" for failure to effectively participate in class. THIS INCLUDES CLASS ATTENDANCE. For example, instances of unpreparedness in class, persistent failures to participate in class discussion, failure to turn in reaction papers, and/or class absences may cumulate to result in ineffective class participation resulting in the reduction of the student's grade by one "Increment," at the professor's discretion, in addition to the foregoing.

"Increments" are defined as follows: A, A-, B+, B, B-, C+, C, C-, D, E.

Attendance will be taken at every class meeting. Notwithstanding any of the foregoing, the following American Bar Association Standard will be observed. The ABA Standards establish that a student whose unexcused absences exceed three (3) class periods of 75 minutes each in a three (3) credit course, or 50 minutes each in a two (2) credit course, or whose total absences, excused and unexcused, exceed five (5) class periods may be compelled to withdraw from the course. When a student exceeds the limits on absences, excused and/or unexcused, specified above, the professor may preclude the student from taking the exam and the student will receive an "F" in the course. The professor reserves the right to reduce the student's grade at her discretion if the above preclusion and "F" grade action is not taken. The professor considers being absent for one-half or more of the class meeting time as one absence.

ASSIGNMENTS: Reading assignments will be made for the first ten weeks of class. Reading assignments may be made, at the professor's discretion, during the last four weeks of class.

TEXT: Reisner, Slobogin, & Rai's Law and the Mental Health System (3d ed., 1999). Various other materials may be placed on reserve in the library and assigned. From time to time, additional photocopied materials may be handed out in class and assigned.

TENTATIVE SCHEDULE OF COURSE CONTENT:

Weeks 1-10:

Introductory Material

1. What is a Mental Health Professional?

2. Definition of "Mental Disorder"

3. Mental Health Professionals as Expert Witnesses

Psychology in Substantive Law: Law Relating to Mentally Disordered Individuals

4. Mental Health Issues in Criminal Law - Selected Topics from: The Insanity Defense; Criminal Responsibility; Sentencing; Antisocial Personality Disorder

    1. Mental Health Issues in Civil Law:

Selected Topics From: Civil Commitment Procedures and Competency

Liability Arising From Sexual Assault and Abuse, The False Memory Syndrome

Entitlements and Privileges for Mentally Disordered Individuals

6. Entitlements to Benefits

    1. Protection Against Discrimination - The Americans With Disabilities Act and Rehabilitation Act of 1973; Gender-Based Discrimination

Law Relating to Mental Health Professionals

8. Licensing and Regulation of the Mental Health Professions

9. Therapist Liability/Malpractice

10. The Duty of Confidentiality and the Patient-Psychotherapist Privilege

Psychology in the Practice of Law

11. Jury Selection, Jury Bias, Jury Decision-Making

12. Empirical Research Relating to Evidentiary Issues

13. Attorney Personality, Morality, and Satisfaction

Miscellaneous Interface Areas

14. (Optional) Selected Topics From: Tort Law Issues and Effects of Tort Reform; Issues in Family Law; Alternative Dispute Resolution

Weeks 11-14: STUDENT PRESENTATIONS

Assignment for Week 1: Tuesday, August 24, 1999 -- Read pages 1-81 of the text. This is an unusually long assignment, but the reading is fairly easy. Please skim most of the pages and focus more intensely on the two cases in the chapter.

Office Hours: Wednesday and Thursday 10 a.m.–11:30 a.m. and 1:30 p.m.–2:30 p.m. (except for Wednesday afternoons on which faculty meetings are scheduled). Other times are available by appointment. c:\psylsyl99.doc

Possible Paper Topics: (These are some topics on which I have recent information or commentary.)

Juvenile Homicide or Violence

Child Care Law (perhaps centered on the Family & Medical Leave Act)

Family Law: Custody Evaluations in Divorce Proceedings

Treatment of Domestic Violence by the Courts

Insanity Defense and Automatism

Civil Commitment of Sexually Violent Offenders

Accommodation of Learning Disabled Individuals (or Mentally Disordered Individuals) in Education

Appropriate State Bar Inquiries as to Applicants’ Mental Health

HIV+ Mother’s Right to Breastfeed HIV- Infant (Tyson case)

Health Care Power of Attorney for Mental Health Treatment When Adjudged Incompetent

Legal Standard For Predictions of Dangerousness

The American Civil Jury System

Antitherapeutic Consequences of the Attorney-Client Relationship

Minors’ Right to Decide to Refuse Psychotropic Medication

Legal Treatment of Substance Abuse and Addiction (of Attorneys, of Parents, or of Children)

Legal Treatment of Unmarried Committed Partners

Tort Law: Reprehensibility, Blame, and Jury Awards

Restorative Justice: Victim, Offender, and Community Conferences

Collaborative (NonLitigative) Divorce Law

Analysis of the movie, "A Civil Action" and the environmental law case on which it was based