74 research outputs found

    Fertility Fraud: The Child\u27s Claims

    Get PDF
    A shocking number of fertility doctors surreptitiously use their own sperm during insemination procedures. Courts and commentators have explained how medical malpractice and common-law tort claims can provide the mother with remedies. The children of fertility fraud have received less attention. This Essay is the first to systematically analyze the potential claims of these children, whose identities may be shattered by discovering the truth about their biological father. It concludes that creative use of existing common-law torts can provide remedies for children of fertility fraud

    The Criminal Legal System Doesn’t Care About Your Mental Illness

    Get PDF
    Why would a beloved small-town doctor with no history of violence suddenly strangle his father to death? The Other Dr. Gilmer is a gripping account of the search for an answer to this question. It turns out the doctor has a rare neurological disorder that likely caused the killing. If only the diagnosis had come before trial, the author believes, the doctor would not have been convicted of first-degree murder and sentenced to life without parole. That belief is appealing, but naïve. Jails and prisons are full of people with mental illness. Misdiagnosis is not the reason. A close examination of the doctor’s case reveals several doctrinal and structural forces that effectively criminalize mental illness. The doctor’s diagnosis is the key to the medical mystery, but it would not have been a key to the jailhouse door. For many individuals with mental illness, avoiding the criminal legal system entirely is the only way to avoid injustice

    Probate Will Feel a Ripple

    Get PDF

    Not Young Guns Anymore: Dementia and the Second Amendment

    Get PDF

    Delineating Sexual Dangerousness

    Get PDF
    Only “dangerous” individuals may be indefinitely detained. Is a one percent chance of a future crime clear and convincing evidence of dangerousness? For sex offenders, fear and uncertainty in case law leave open this passage to limbo. This Article closes it. The due process balancing test used to evaluate standards of proof provides the framework. This Article explains the relationship between the standard of proof and the definition of “dangerous” and argues that only an approach combining the two is consistent with the Constitution. Applying decision theory with assumptions favoring the government, this Article calculates a minimum likelihood of recidivism for commitment. Of the twenty jurisdictions with sex offender commitment, just one requires something close to that constitutional floor. Thousands have been detained applying unconstitutional standards, and the vast majority remains so

    An Indigent Criminal Defendant Is Entitled to “An Expert of His Own”

    Get PDF
    The Supreme Court recently heard the case of an Alabama death row inmate, James McWilliams. A thus far overlooked argument could save his life and help level the playing field in other capital cases. The Court in 1985 promised independent expertise. Now is its chance to make good on that promise

    Fear of an Undeterrable Other

    Get PDF
    America is presently fighting a war on terror and a war on sex offenders. In each, the government openly detains hundreds of individuals not for what they have done, but for what they might do. Some warn that this greatest restriction on liberty may expand to other types of people. This Article examines the risk of such expansion by putting our current wars in historical perspective. The two main conclusions are: (1) some categories of people detained in prior periods are not being detained today; and (2) the risk of expansion is real but lower than previously suggested

    Of Death and Delusion: What Survives Kahler v. Kansas

    Get PDF
    Mental illness is not a crime. That fundamental proposition is threatened by the Supreme Court\u27s recent decision in Kahler v. Kansas, which allows states to abolish the insanity defense. This Essay presents three examples of absurd and discriminatory results that could follow. But the conclusion is a positive one: constitutional constraints not considered in Kahler-the Equal Protection Clause and the Eighth Amendment-should prevent the worst results from materializing
    • …
    corecore