bluuebunny/crossref_metadata_2025 huggingface dataset:
Art and Value – Museum Collections as Commons
Authors: Shaked Nizan
Published: February 2018

Art and Value: Art’s Economic Exceptionalism in Classical, Neoclassical and Marxist Economics reveals the irreconcilable differences between the Marxist economic definition of the term ‘value’ and its other uses in relation to the art object. It corrects the faulty assumption, symptomatic of a capitalist worldview, that rare or historic objects bear intrinsic value. Beech’s analysis of art’s value-form is critical to unpacking the double ontological condition of art as both an object of collective symbolic value and as a hoard of monetary value, since the two operate in mutually exclusive spheres, yet function to constitute one another. The book can help us understand the capitalist sleight of hand that allows art to flicker between two forms of being, making profit appear as value, and value appear as significance (and vice versa), the toggling between the two facilitating the transfer of commonly-held symbolic value in support of the individual accumulation of wealth.
Freedom of Religion and Its Regulation in Nigeria: Analysis of Preaching Board Laws in Some States of Northern Nigeria
Authors: Garba Ahmed Salisu
Published: February 2018

The re-enactment of religious preaching board laws to regulate religious preaching in some states of Northern Nigeria generated debates between Government on the one hand and religious/human rights groups on the other. This research examines the Preaching Board Laws of Kano, Borno and Kaduna States in Northern Nigeria through the prism of the Nigerian Constitution and other democratic norms that relate to the right to freedom of religion in all democratic orders. It applies argumentative methodology to raise and analyse the following questions: how reasonable and justifiable are these religious preaching board laws in a democratic Nigeria?; what gave rise to the enactment of these laws in the states under study?; what judicial review mechanism would be employed to determine their reasonableness and justifiability in a democracy?; how do they accord with the freedom of religion clause in the Constitution of the Federal Republic of Nigeria? The research establishes that some of the provisions of these laws are inconsistent with the provisions of the Nigerian Constitution and, by extension, international freedom of religion norms operating in all democratic orders. Second, Nigerian courts have not developed suitable balancing mechanisms for resolving conflicts between the right of the state to regulate and citizens’ right to freedom of religion otherwise called the two competing rights, in the light of which the research calls for the amendment of the laws to accord with the provisions of the Constitution and international freedom of religion norms acceptable in all democracies. The paper further recommends a harmonised proportionality test or judicial standard of review based on Nigeria’s religion-state relations and local experience for the use of courts, legislators and administrative agents coming face to face with this type of conflict in their official capacity.
Cyathea ruttenbergii, a new tree fern (Cyatheaceae, Polypodiopsida) from Puerto Rico
Authors: TEJEDOR ADRIAN , ARECES-BERAZAIN FABIOLA
Published: February 2018

A new species, Cyathea ruttenbergii, is described from the Caribbean island of Puerto Rico. The new species differs from congeners by its large, lanceolate pinnules with wide sinuses and long attenuate apices, ovate lamina with 6–7 pinna pairs, bicolorous petiole scales, strongly armed petioles, and lack of indusium. The affinities and ecology of the species are discussed.
Redescription of the Indo-West Pacific cardinalfishes (Perciformes: Apogonidae) Rhabdamia spilota Allen & Kuiter 1994 and R. gracilis (Bleeker 1856)
Authors: YOSHIDA TOMOHIRO , MOTOMURA HIROYUKI
Published: February 2018

Rhabdamia spilota Allen & Kuiter 1994 (Apogonidae), a poorly known cardinalfish previously known only from the Philippines, Indonesia and the Red Sea, is redescribed on the basis of 70 specimens (20.9–61.2 mm standard length) (including types), from the Indo-West Pacific (Red Sea, Andaman Sea, Japan, South China Sea, the Philippines, Indonesia, New Caledonia, and Australia). Because most reports of the similar species R. gracilis (Bleeker 1856), following its original description, were based on misidentifications, R. gracilis is also redescribed (based on 98 Indo-West Pacific specimens from Seychelles, Maldives, Andaman Sea, Japan, Malaysia, Indonesia, New Caledonia, and Australia, 27.9–59.3 mm standard length); a lectotype is designated for it. Rhabdamia spilota differs from R. gracilis in having 27–33 (mode 30–31) developed gill rakers [vs. 22–27 (mode 24) in the latter], 27–33 (30) gill rakers including rudiments [vs. 23–27 (24–25)], a black stripe from the jaw tips to the anterior margin of the orbit (vs. black pigments only at snout and tip of lower jaw), 3–6 reddish brown to blackish blotches on the opercle and anterior of body (vs. blotches absent), and indistinct black pigment restricted to caudal fin outer margins (vs. pigment scattered over entire fin). Rhabdamia gracilis exhibits sexual dichromatism, female specimens larger than 41.3 mm SL having one or two black stripes on the lateral surface of the body; the stripes are absent in males and smaller females. No evidence of sexual dichromatism was found in R. spilota.
Cribrilinidae (Bryozoa: Cheilostomata) of Korea
Authors: YANG HO JIN , SEO JI EUN , MIN BUM SIK , GRISCHENKO ANDREI V. , GORDON DENNIS P.
Published: February 2018

The cribrilinid Bryozoa of Korea are described for the first time. Eight species are recognized, distributed in five genera: Cribrilina, Reginella, Jullienula, Figularia and Puellina. Juxtacribrilina n. subgen. is recognized as comprising a group of species within Cribrilina characterized, inter alia, by having adventitious avicularia, reduced and/or vestigial ooecia, a pair of proportionately long protective latero-oral costae that cross the front of the ooecium and fuse in the midline, and a cribrimorph ancestrula. Cribrilina (Juxtacribrilina) flavomaris n. sp., Jullienula erinae n. sp. and Puellina paracaesia n. sp. are so far known only from the west and southwest coasts of the Korean Peninsula. The following six new combinations are recognized: Cribrilina (Juxtacribrilina) annulata (Fabricius, 1780) n. comb., Cribrilina (Juxtacribrilina) corbicula O’Donoghue & O’Donoghue, 1923 n. comb., Cribrilina (Juxtacribrilina) mutabilis Ito, Onishi & Dick, 2015 n. comb., Reginella multipora (Sakakura, 1935) n. comb., Reginella biporosa (Okada, 1923) n. comb. and Jullienula ortmanni (Silén, 1941) n. comb.
Five new species of the spider genus Pholcus Walckenaer, 1805 (Araneae: Pholcidae) from China and Thailand
Authors: ZHU KELI , YAO ZHIYUAN , BAI XIUJUAN , LI SHUQIANG
Published: February 2018

Five new species from four species-groups of the genus Pholcus Walckenaer, 1805 are described from China and Thailand: P. sakaew Yao & Li sp. nov. (Thailand) from the P. bidentatus species-group; P. umphang Yao & Li sp. nov. (Thailand) from the P. halabala species-group; P. ningan Yao & Li sp. nov. (China) from the P. phungiformes species-group; and P. yongshun Yao & Li sp. nov. (China) and P. yuxi Yao & Li sp. nov. (China), both from the P. yichengicus species-group.
A new genus and new species of Edessinae (Hemiptera: Heteroptera: Pentatomidae)
Authors: ALMEIDA FLAVIO ROBERTO DE ALBUQUERQUE , NUNES BENEDITO MENDES , FERNANDES JOSE ANTONIO MARIN
Published: February 2018

The genus Plagaedessa gen. n. is proposed to accommodate four species: Edessa celsa Distant and three new species: P. distanti sp. n., P. nigrovittata sp. n. and P. maranhensis sp. n. The new genus is characterized by the antennae black with the antennomer I showing a yellow spot on ventral surface, legs yellow with femora and tibiae showing two or three longitudinal black stripes, gonapophysis 9 with a sclerotized area bearing a protuberance close to gonocoxites 9 and pygophore with black posterolateral angles strongly developed. Diagnosis, illustrations of the metasternal process and external and internal genitalia, photographs of the dorsal and ventral view, and a distribution map are provided. A key to the genera of Edessinae and subgenera of Edessa, and a key to the species of Plagaedessa are also provided. Male and female genitalia of Plagaedessa celsa n. comb. are described for the first time. Distribution of P. celsa is extended to Costa Rica and Mexico. The lectotype of Edessa celsa is here designated.
Taxonomic status of the black fly Prosimulium italicum Rivosecchi (Diptera: Simuliidae) based on genetic evidence
Authors: KÚDELA MATÚŠ , ADLER PETER H. , KÚDELOVÁ TATIANA
Published: February 2018

The black fly Prosimulium italicum Rivosecchi, distributed in the Apennines and Sicily, was described as a subspecies of Prosimulium hirtipes (Fries), based on a few morphological details. It subsequently was considered conspecific with P. hirtipes and the name was synonymized. Analyses of polytene chromosome banding patterns and sequences of mitochondrial DNA (COI and COII) revealed deep genetic divergence between P. italicum from Italy and P. hirtipes from northern and central Europe and confirmed the species status of P. italicum. Populations of P. italicum either lack chromosomal inversion IS-9 or carry it as an X-chromosome polymorphism, whereas all analyzed populations of P. hirtipes (Slovakia, Sweden, England, and Scotland) are fixed for IS-9. The average K2P genetic distance was 3.7% between P. italicum and P. hirtipes from northern Europe (Sweden) and 4.3 % between P. italicum and P. hirtipes from central Europe (Slovakia). Cytogenetic analysis showed the presence of two cytoforms of P. hirtipes (‘A’ in Sweden and Slovakia and ‘B’ in England and Scotland) and two cytoforms of P. italicum (‘A’ in Sicily and ‘B’ in Campania and Basilicata), all of which differ in their sex chromosomes and autosomal polymorphisms, suggesting that P. hirtipes and P. italicum might each be a complex of cryptic species.
A new species of Brachylepis Kolbe, 1894 from Tanzania (Scarabaeidae: Melolonthinae: Leucopholini)
Authors: SEHNAL RICHARD
Published: February 2018

The Afrotropical genus Brachylepis Kolbe, 1894 (Scarabaeidae: Melolonthinae: Leucopholini) was established for Coniopholis elephas Gerstaecker, 1867 from Kenya. Subsequently, Brenske (1898) described Brachylepis bennigseni from Tanzania (Pare Mountains), and Lacroix (2009) described B. werneri from Ethiopia (Negele Borana) and synonymised B. bennigseni with B. elephas. Thus, the genus contains only two species. From the closely related Afrotropical leucopholine genera (e.g., Eulepida Kolbe, 1894, Eulepidopsis Burgeon, 1946, Cochliotis Kolbe, 1894) it differs in having nine antennomeres, the terminal maxillary palpomere expanded near midlength, and an incomplete metatibial carina (Lacroix 2009, 2010).
Variability of Arctic Sea Ice Thickness Using PIOMAS and the CESM Large Ensemble
Authors: Labe Zachary , Magnusdottir Gudrun , Stern Hal
Published: February 2018

Because of limited high-quality satellite and in situ observations, less attention has been given to the trends in Arctic sea ice thickness and therefore sea ice volume than to the trends in sea ice extent. This study evaluates the spatial and temporal variability in Arctic sea ice thickness using the Pan-Arctic Ice Ocean Modeling and Assimilation System (PIOMAS). Additionally, the Community Earth System Model Large Ensemble Project (LENS) is used to quantify the forced response and internal variability in the model. A dipole spatial pattern of sea ice thickness variability is shown in both PIOMAS and LENS with opposite signs of polarity between the East Siberian Sea and near the Fram Strait. As future sea ice thins, this dipole structure of variability is reduced, and the largest interannual variability is found only along the northern Greenland coastline. Under a high-emissions scenario (RCP8.5) projection, average September sea ice thickness falls below 0.5 m by the end of the twenty-first century. However, a regional analysis shows internal variability contributes to an uncertainty of 10 to 20 years for the timing of the first September sea ice thickness less than 0.5 m in the marginal seas.
Microphysical Characteristics of Squall-Line Stratiform Precipitation and Transition Zones Simulated Using an Ice Particle Property-Evolving Model
Authors: Jensen Anders A. , Harrington Jerry Y. , Morrison Hugh
Published: February 2018

A quasi-idealized 3D squall-line case is simulated using a novel bulk microphysics scheme called the Ice-Spheroids Habit Model with Aspect-ratio Evolution (ISHMAEL). In ISHMAEL, the evolution of ice particle properties (e.g., mass, shape, maximum diameter, density, and fall speed) are predicted during vapor growth, sublimation, riming, and melting, allowing ice properties to evolve from various microphysical processes without needing separate unrimed and rimed ice categories. ISHMAEL produces both a transition zone and an enhanced stratiform precipitation region, and ice particle properties are analyzed to determine the characteristics of ice that lead to the development of these squall-line features. Rimed particles advected rearward from the convective region produce the enhanced stratiform precipitation region. The transition zone results from hydrometeor sorting; the evolution of ice particle properties in the convective region leads to fall speeds that favor ice advecting rearward of the transition zone before reaching the melting level, causing a local minimum in precipitation rate and reflectivity there. Sensitivity studies show that the fall speed of ice particles largely determines the location of the enhanced stratiform precipitation region and whether or not a transition zone forms. The representation of microphysical processes, such as rime splintering and aggregation, and ice size distribution shape can impact the mean ice particle fall speeds enough to significantly impact the location of the enhanced stratiform precipitation region and the existence of the transition zone.
Predicting Large Ocean Wave Events Characterized by Bimodal Energy Spectra in the Presence of a Low-Level Southerly Wind Feature
Authors: Ellenson Ashley , Özkan-Haller H. Tuba
Published: February 2018

Three large wave events are simulated with WaveWatch III using different wind inputs and physics packages. The modeled output, including spectral shape and bulk parameter time series, are compared with National Data Buoy Center buoy observations offshore of Newport, Oregon. The atmospheric conditions that generate these large waves include a strong southerly wind along with a distant cyclone. The energetic contributions of these simultaneously occurring atmospheric features result in a wave field characterized by bimodal energy spectra for two events and unimodal energy spectra for the third event. The analysis of model output evaluates bulk parameter time series of significant wave height, mean period, and mean wave direction derived from partitioned energy spectra. A consistent underestimation in wave energy approaching from the southwestern direction is found for the output associated with all model configurations. This wave energy is generated by the southerly wind. An overestimation in swell energy approaching from the northwest is also found for all model configurations. The model configuration that most accurately reproduces the southerly wave energy results in the best performance for the overall bulk parameters.
Promoting public cooperation in government: key drivers, regulation, and barriers of the e-collaboration movement in Kazakhstan
Authors: Kassen Maxat
Published: February 2018

The primary goal of the article is to understand the political and socio-economic incentives for government agencies to adopt various collaborative strategies in promoting current public sector reforms in Kazakhstan. In particular, paying special attention to the recent diffusion of various official blog platforms, public discussion, and civic tracking systems, it aims to identify typical drivers and barriers that policymakers and other interested stakeholders face today in advancing technology-driven government. The key findings of the research suggest that the development of official e-collaborative platforms provides new promising opportunities to promote mutually beneficial cooperation between government and citizens, and to boost public sector innovations. However, the further sustainable development of the movement, not only as a technological tool of public sector reforms, but also more as a new philosophy of governance, would require the further harmonization of regulation policies at all institutional levels, the transformation of the traditional public mindset, and, most importantly, the promotion of more genuine grass-root trends in government. In this regard, the results of the research could conceptually be used to test further the limits of the modern theory of network governance in an unusual institutional context of digital centralization.

Points for practitioners

The observation and analysis of practical aspects in the operation of various collaborative projects, which is presented in this article in an explicitly illustrative manner, could be interesting for e-government policymakers and practitioners, as well as for all those who try to understand the phenomenon as an ongoing political and socio-economic process.
Revised taxonomy and nomenclature of rodent Pasteurellaceae: Implications for monitoring
Authors: Boot R , Nicklas W , Christensen H
Published: February 2018

Pasteurellosis is a well-recognized disease with similar pathology in all laboratory rodent species. Pasteurella pneumotropica is the most frequently mentioned member of the Pasteurellaceae isolated from mice and rats. Numerous other Pasteurellaceae taxa have been obtained from mice, rats, and other rodent species. Recently, rodent Pasteurellaceae have been submitted to comprehensive genetic and phenotypic (polyphasic) taxonomic studies. As a result they are now classed within six validly published new genera, namely Cricetibacter, Mesocricetibacter, Mannheimia, Muribacter, Necropsobacter, and Rodentibacter. All previously used names such as P. pneumotropica have become obsolete. The new classification forms a firm basis for the correct phenotypic identification of Pasteurellaceae from laboratory animals and for the selection of strains for pathogenicity studies. Consequences of taxonomic changes notably involve molecular methods used for the detection of Pasteurellaceae infection in laboratory animal colonies. Testing may be done using primer sets that detect all Pasteurellaceae taxa or sets developed to detect host-specific members of the family.
Age-Related Changes in Field Dependence–Independence and Implications for Geriatric Rehabilitation: A Review
Authors: Chan John S. Y. , Yan Jin H.
Published: February 2018

Human aging is a dynamic life-long process and an inevitable experience. As the average age of the world’s population rises, demands for effective geriatric rehabilitation dramatically increase. An important consideration for enhancing geriatric behavioral interventions is to better understand aging characteristics in perceptual, cognitive, and motor performances. A general shift in cognitive style from field independence to field dependence has been consistently observed during human aging, as older adults show a greater tendency to rely on environmental information, presumably reflecting a neuro-compensatory mechanism of reducing top-down control and relying instead on bottom-up processing. These changes in cognitive style can impact motor skill learning and relearning and, consequently, affect geriatric rehabilitation and behavioral treatments. In this article, we review research related to the cognitive style of field dependence and independence, and its dynamic associations with aging. We also identify implications of cognitive style for geriatric rehabilitation and explore future research.
Gender Differences in Sexual Attraction and Moral Judgment: Research With Artificial Face Models
Authors: González-Álvarez Julio , Cervera-Crespo Teresa
Published: February 2018

Sexual attraction in humans is influenced by cultural or moral factors, and some gender differences can emerge in this complex interaction. A previous study found that men dissociate sexual attraction from moral judgment more than women do. Two experiments consisting of giving attractiveness ratings to photos of real opposite-sex individuals showed that men, compared to women, were significantly less influenced by the moral valence of a description about the person shown in each photo. There is evidence of some processing differences between real and artificial computer-generated faces. The present study tests the robustness of González-Álvarez’s findings and extends the research to an experimental design using artificial face models as stimuli. A sample of 88 young adults (61 females and 27 males, average age 19.32, SD = 2.38) rated the attractiveness of 80 3D artificial face models generated with the FaceGen Modeller 3.5 software. Each face model was paired with a “good” and a “bad” (from a moral point of view) sentence depicting a quality or activity of the person represented in the model (e.g., she/he is an altruistic nurse in Africa vs. she/he is a prominent drug dealer). Results were in line with the previous findings and showed that, with artificial faces as well, sexual attraction is less influenced by morality in men than in women. This gender difference is consistent with an evolutionary perspective on human sexuality.
Altruism or entrepreneurialism? The co-evolution of green place branding and policy tourism in Växjö, Sweden
Authors: Andersson Ida , James Laura
Published: February 2018

More and more cities around the world are adopting green-city labels and are making use of their urban environmental policymaking for the purpose of place branding. However, the nature of the relationship between the branding of green cities and urban environmental policymaking is contested. Some researchers have highlighted so-called ‘greenwashing’ and the cherry-picking of easily attained goals. Others argue that green branding is driven by altruism, rather than intra-urban competition and entrepreneurialism. Drawing on literatures on policy tourism and green place branding, this article presents a longitudinal study of green branding in Växjö, Sweden. It contributes to the debate on green place branding by showing how two sets of contradictory impulses – entrepreneurialism/competition versus altruism/cooperation, and cherry-picking/greenwashing versus comprehensive environmental policymaking – affect the relationship between green place branding and environmental policy. In particular, the analysis illuminates the changing role played by policy tourism in shaping both the development of environmental policies and branding practices.
Determining the continued dangerousness of psychologically abnormal sex offenders
Authors: Dix George E.
Published: February 2018

Direct observations by a legally trained observer were made of staff decisions concerning whether psychologically abnormal sex offenders committed as dangerous were still dangerous. The staffs decision was found to be influenced by the offender's willingness to admit guilt and responsibility and by his fantasies of future offenses. It was also affected by the offender's behavior in the institution, the duration of institutionalization, the seriousness of the offense committed, and changes in the situation to which the offender would be discharged. Anticipated benefits from continued exposure to the institutional program were also considered. The apparently necessary reliance upon a conceptualization of antisocial conduct as a response to stress and factors only indirectly if at all related to an objective standard of “continued dangerousness” raises significant doubts concerning the propriety of programs of social control that make continued institutionalization depend upon a professional determination of continued dangerousness.
Psychological aspects of jury performance
Authors: Goldman Jacquelin , Maitland Karen A. , Norton Pennie L.
Published: February 2018

Students were assigned to juries, after scores on a measure of moral judgment were equalized for groups. Subjects were seated in a courtroom, where a moot court trial of a case of criminal insanity was enacted by law students. Two juries deliberated separately in separate chambers. The control jury registered verdicts individually, were retested and dismissed. Experimental juries registered verdicts individually before deliberation and were retested after deliberation. Jurors were post tested again I week later and recorded their personal verdicts.

All jurors became more anxious and less hostile as a result of the trial. Subjects whose verdicts were consistent throughout had a significantly higher initial level moral judgment, and significantly so on the 1 week posttest.
The Association of Violent Dangerous Behavior with Psychiatric Disorders: A Review of the Research Literature
Authors: Mesnikoff Alvin M. , Lauterbach Carl G.
Published: February 2018

Research literature upon the associations of violence with psychiatric disorders are reviewed. Studies are classified into four groups, including those concerning:(a) psychiatric disorders among criminal offenders, (b) violence of former psychiatric inpatients, (c) violence related to organic brain dysfunction, and (d) prediction of violence occurring among psychiatric patients. Considerable variability in rate and distribution of psychiatric disorders among criminal populations are indicated. A reversal of earlier research findings regarding relative rates of violence among patients and normals is discussed. Efforts to identify associations between organic cerebral damage and a propensity toward violence, and to cope with the general problem of the prediction of violence also are discussed.
A psychoanalytic approach to plea bargains and confessions
Authors: Schoenfeld C. G.
Published: February 2018

After noting some of the faults of plea bargaining, this article stresses the considerable guilt that besets mankind, details how confessions, particularly, may be related to this guilt, and emphasizes the fact that implicit in every plea bargain is a confession. The hypothesis is advanced that plea bargaining is proliferating because it helps significantly to lighten man's burden of guilt.
Behavior Modification and the Law: Implications of Recent Judicial Decisions
Authors: Budd Karen Schlueter , Baer Donald M.
Published: February 2018

This paper examines the intersection of behavior modification and recent court litigation dealing with prisoners and mentally handicapped persons. The courts have displayed an unprecedented interest in articulating the rights of institutionalized residents and establishing specific standards to insure that these rights are protected. While many of the court-ordered reforms are clearly beneficial, some of the emerging standards might, and indeed do, limit the use of certain behavior modification techniques, with the very real possibility that important therapeutic interventions could be delayed or even prohibited for some persons. This paper presents a comprehensive review of the court decisions relating to behavior modification procedures, outlines some of the complex and largely unresolved issues raised by the decisions, and suggests some solutions to these problems from the viewpoint of a behavioral psychologist.
The Child's Right to Object to Hospitalization: Some Empirical Data
Authors: Meisel Alan , Roth Loren H.
Published: February 2018

This paper reports the implementation of a 1973 Pennsylvania ruling granting adolescents the right to receive a court hearing to determine the necessity of their psychiatric hospitalization. Over a 10 month period, nine of 43 adolescents objected to hospitalization. Only once was an adolescent actually released because of the new procedures. Staff were almost uniformly in favor of the new procedures. The Pennsylvania ruling granted partial rights to adolescents, rights later expanded in the Pennsylvania case, Bartley v. Kremens. The authors note that, whatever the past, psychiatric treatment of adolescents is unlikely to continue to be a private matter between parents and doctors.
Ego States and the Problem of Responsibility: A Psychological Analysis of the Patty Hearst Case
Authors: Watkins John G.
Published: February 2018

Legal responsibility is assigned on the psychological assumption that a given body has within it a single “person.” Recent clinical and research studies throw considerable doubt on the validity of that position. An ego state is a body of behaviors and experiences bound together by a common identity and separated by a boundary from other such states. It is like a “part-person” or “covert multiple personality.” Such structuring of personality may be common to many people not considered mentally ill. This paper applies ego-state theory in a psychological analysis of the Patty Hearst case.
Group Psychotherapy: Privileged Communication and Confidentiality
Authors: Slovenko Ralph
Published: February 2018

Do privileged communication and confidentiality prevail in group psychotherapy? This paper, based on interviews of several group therapists and the interview of a group, indicates that therapists are far more concerned about confidentiality than are members of the group. Be that as it may, therapists fear that one celebrated case, should it arise, would create a great deal of anxiety about group therapy. There are circumstances and pressures that tilt toward the maintenance of confidentiality, but if group therapists have doubts, can the group members long be without doubt themselves?
Comments on “Causal Relation” in Workmen's Compensation Proceedings
Authors: Shands Harley C.
Published: February 2018

The lack of “fit” between legal and medical concepts is perhaps best shown in the psychiatric disability of injured workmen. In the particular case discussed in this article, the problem is illustrated (1) in the long-standing preexistence of organic brain disease over many years, (2) in the occurrence of a heart attack from which the claimant recovered in “physical” terms. The heart attack forced a break in his employment and made his previously subclinical disability obvious to employer, wife, and the claimant himself. The resulting disability featured depression, anhedonia, and loss of identity, thus becoming primarily psychiatric in nature. No one of these disorders is “causally related” as a single entity; the problem is the outcome of a cumulative stress in a person made highly vulnerable through prior deterioration. Of particular import is the demonstration of “context-dependence”: workers depend for their own sense of identity and responsibility upon their occupation, and the loss of work becomes itself a “causal” factor.
Ego States and the Problem of Responsibility II: The Case of Patricia W
Authors: Watkins John G.
Published: February 2018

Using the recent case of Patricia Wagner, the author explores the problem dissociation in personality structure poses in balancing justice to an individual with the protection of society. If more normal individuals have within their personality structures “covert” multiple personalities, of which they are but slightly aware; ego states which have developed into almost autonomous behavior patterns, we may be forced to limit or even abandon our concept of individual responsibility. If we are not content to have disposition and punishment revert to earlier concepts of guilt based simply on verified body behavior, we must establish new criteria. Proper adjudication requires new definitions and evaluation procedures to ascertain control, responsibility, culpability and disposition in such cases.
The use of the Legal System as a Mental Health Service for Children
Authors: Haller Lee H. , Dubin Lawrence A. , Buxton Martin
Published: February 2018

The interface of mental health and the law has been rapidly expanding over the past several years, as more and more cases of various sorts are being heard by the courts and new laws are passed. Although court decisions and laws may be viewed as an intrusion by the psychiatrists who work with emotionally disturbed children, the authors suggest that the effect is to present the professional with new alternatives for helping the patient. A number of these situations where the legal system can be utilized are presented.
Confidentiality and Patients’ Records: Balancing the Interests of Society and the Individual
Authors: Paul Robert E.
Published: February 2018

This article defines and describes the interrelated but conceptually distinct terms “confidentiality,” “privilege,” “privileged communications,” “privacy,” and “records.” It reviews the parameters of these words, discusses the variance between the extent of the physician-patient and that of the much broader licensed psychologist-patient privilege in Pennsylvania and, in particular, reviews the situations in which assertions of confidentiality and privilege cannot prevent third parties from gaining access to records and the information contained in them and the legal cases which set out the law in these areas. Finally, it reviews the demands to see records by patients and the increasing willingness of courts, legislators, and regulators to grant not only access but also the right to correct, add to, or destroy such records if the patient wishes to do so.
On the Need for Recordkeeping in the Practice of Psychiatry
Authors: Slovenko Ralph
Published: February 2018

Whatever the value of records in the practice of psychiatry as a treatment tool, there are now various record-generating pressures. Records are now being forced into existence where none were kept before. Quality assurance, accreditation, financial reimbursement, and legal purposes call for the keeping of records. This article explores the ritual and reality of recordkeeping in psychiatry.
Right to Refuse Treatment: The Knowledge Gap
Authors: Johnson Ronald E. , Weinstein Henry C.
Published: February 2018

The authors conducted a survey of psychiatric residents in New York City to determine their familiarity with a New York State regulation dealing with a patient's right to refuse treatment which had been promulgated 2 years previously. Twenty percent of those responding did not know the regulation existed and 75 percent had never seen a copy of it. Sixty-one percent did not know of an important appeal procedure whereby a patient could implement the right. The implications for future residency training and additional studies are discussed.
The Meaning of the Child's Preference in Child Custody Determination
Authors: Levy Alan M.
Published: February 2018

The courts have long recognized the importance of the child's preference in child custody matters. Psychiatry and psychology have had mixed views regarding such a preference. The child's stated custodial preference is seen as a psychological statement by the child of how he/she has resolved the inevitable loyalty conflict that accompanies divorce. While not bound by this stated preference, there should be a commitment to not only elicit this preference, but to listen carefully to it and try to understand its complex meaning.
Model for a Child Psychiatry Custody Study
Authors: Westman Jack C. , Lord Guy R.
Published: February 2018

This model for a child psychiatry custody study is a form of divorce counseling adapted to the procedures of the legal system. Each legal step is seen as part of an ongoing developmental experience for affected children and their parents. Based upon the request of a judge or guardian ad litem, the study brings the diagnostic and therapeutic skills of child psychiatry to bear upon the child-centered crises and decisions accompanying divorce. Criteria are described for matching parental capacities and the developmental needs of a child. The counseling component of the study aims to help parents achieve a working relationship as mother and father of their children during and after divorce. The diagnostic component provides the parents, and courts, with data for making decisions regarding custody and visitation arrangements.
Comparing Institutionalization Periods and Subsequent Arrests of Insanity Acquittees and Convicted Felons
Authors: Pantle Mark L. , Pasewark Richard A. , Steadman Henry J.
Published: February 2018

Forty-six defendants adjudicated “not guilty by reason of insanity” (NGRI) between 1965 and 1971 were matched with a comparable group of defendants who had committed the same criminal act, pled guilty, and were imprisoned. Results indicated that: (1) as a group, the institutionalization time of NGRI acquittees did not differ significantly from the felons although institutionalization time did differ for specific offense categories; and (2) postinstitutional arrest rates of the NGRI and felon subjects were quite similar.
The Assessment of Competency to Waive Miranda Rights
Authors: Wulach James S.
Published: February 2018

The author discusses the legal and psychiatric issues involved in Miranda cases. He then describes detailed clinical interview procedures to assess the defendant's capacity to waive Miranda rights prior to confession. The use of psychological testing is also considered. Case examples illustrate the discussion.
The Role of Law School in Balancing a Lawyer's Personal and Professional Life
Authors: Dubin Lawrence
Published: February 2018

A significant conflict in the lives of lawyers is the balancing act between the competing needs for personal and professional fulfillment. Legal education and the realities of law practice have further exacerbated this dilemma. The author examines how legal education adversely affects its students in this regard, and offers suggestions for helping law students to meet the challenge of effectively balancing personal and professional pursuits.
Predicting Dangerousness of Maximum Security Forensic Mental Patients
Authors: Mullen James M. , Reinehr Robert C.
Published: February 2018

Demographic and psychological test data were collected for 269 adult male forensic patients upon admission to the forensic unit of a state psychiatric hospital. Each individual was judged to be dangerous or not dangerous by a panel of three judges. A separate sample of 135 patients was then collected and an attempt made to predict clinical judgment of dangerousness by use of a weighted formula previously derived. Predictions obtained did not attain statistical significance. A subsample of 165 patients was followed up after discharge. There were 15 arrests for violent crime recorded for these individuals subsequent to discharge. Implications of these findings are discussed.
The Compelled Psychiatric Examination: Search, Seizure, and Interrogation
Authors: Hochstedler Ellen
Published: February 2018

This article likens the compelled psychiatric examination to a search and interrogation in criminal procedure. In the past ten to fifteen years, criminal procedure has served as a point of comparison and model for higher standards in civil commitment procedure. While many standards of criminal procedure have been adopted in civil commitment procedure, others have been ignored. This article points out the gross imbalance in protections afforded suspects of crime and suspects of mental illness in the investigative stages of each process, the most important of which are the absence in civil commitment procedure of (1) the particularity requirement for searches, and (2) the protections against self-incrimination and manipulation of evidence and testimony, bolstered by the assistance of counsel.
The Disturbed Disruptive Inmate: Where does the Bus Stop?
Authors: Toch Hans
Published: February 2018

Among least understood prison inmates are the “disturbed disruptive” inmates (DDIs)—those who simultaneously pose disciplinary and mental health problems. Such inmates are at times viewed as “disruptive” by mental health staff and as “disturbed” by custody personnel. They are also disproportionately subjected to “bus therapy” because no special programs are available for them.

This article reviews the institutional careers of several “DDIs,” and it discusses some treatment-relevant links between disturbed behavior and disruptive behavior that emerge from such scrutiny.
Minor Mayhem in Milwaukee
Authors: Wasow Mona
Published: February 2018

On June 10, 1982, a forum was presented in Milwaukee that dealt with the mental health commitment laws. There are terrible confusions among professionals today about what mental illness is, what competency means, what constitutes “dangerousness,” and how to apply civil rights in a truly meaningful way to those in desperate need of help. We are in need of some modifications of our mental health commitment laws, which are presently confounded with ideologies and ignorances about mental illness and “due process,” and often stand in the way of providing help for acutely mentally ill people.

That these issues are complex is obvious, but if more energy were put into problem solving, and less into winning highly value-laden debates, we might come up with some solutions toward getting better care and treatment for the mentally ill.
The Involvement of Judicial Officials other than Judges in Decision Making in Involuntary Civil Commitment
Authors: Miller Robert D.
Published: February 2018

In nine states, judicial personnel other than judges authorize involuntary hospitalization; the author studied the system in North Carolina by soliciting responses from all magistrates, clerks of court, and clinicians in one state hospital's 16-county catchment area. Magistrates and clerks vary widely in education, experience, knowledge of commitment, and actual practices. Clinicians were dissatisfied with the actions of magistrates; and many magistrates were dissatisfied with clinical input, although most magistrates would prefer such input prior to issuing custody orders. Magistrates would like more information, both clinical and legal, about commitment.

The present system calls upon magistrates to make major decisions with insufficient knowledge and experience in mental health; initial hospitalization decisions would better be left with clinicians, as they are in many other states.
The Discovery of Hell by a Prison Psychiatrist: A Tragic Satire on the Prison System
Authors: Scarnati Richard A.
Published: February 2018

The following satire reflects the horrors of the prison system through a conversation between the author and his conscience (Virgil). Some of the moral, ethical, and social issues regarding the prison system are examined. It is evident that the system is in great need of a safer environment for its inhabitants. The author feels that the present system is outmoded and should be disbanded in favor of a more humane one.
The Significance of Significant Differences Among Subtest Scores on the WAIS-R
Authors: Reed D. Gary
Published: February 2018

Failure to appreciate the distinction between “statistical significance” and “abnormality” can lead to misinterpretation of test results and unwarranted suggestions of psychological deficits. This article suggests that confusion of these concepts underlies the “profile analysis” approach used by some professionals when evaluating discrepancies among subtest scores on the standard Wechsler IQ tests. Data obtained from the test publisher demonstrate that statistically significant discrepancies among WAIS–R subtest scaled scores are not “abnormal” and do not justify inferences of “brain damage” or neuropsychological impairment.
Shooting Yourself in the Foot with due Care: Psychotherapists and Crystallized Standards of Tort Liability
Authors: Schopp Robert F. , Wexler David B.
Published: February 2018

This paper discusses a conceptual tension that arises from the attempt to regulate the fiduciary therapeutic relationship through the law of negligence. This tension becomes particularly problematic when courts adopt crystallized duties as per se rules or as presumptive standards of care for psychotherapists. Under certain conditions, this tension can undermine the therapeutic process, the fiduciary nature of the therapeutic relationship, and the process by which professional organizations promulgate guidelines for their members. Thus, under certain circumstances, regulation through negligence law may frustrate both therapeutic and legal purposes. This paper suggests steps that courts and professional organizations can take to minimize the insidious effects of this tension, but it does not contend that these steps will resolve all of the difficulties associated with tort regulation of psychotherapy.
Narcissistic Concerns in the Educational Experience of Law Students
Authors: Carney Michael E.
Published: February 2018

Elevated levels of depression and anxiety have consistently been found to be prevalent among law students. Various explanations have been offered to account for these findings, with many commentators pointing to specific features of legal education as causative factors. Law students are confronted with an educational environment that poses many threats to their self-esteem. Responses to this situation have taken many forms; some of these adaptations have been identified as obsessive, paranoid, schizoid, hysterical, and acting out.

An understanding of the critical role of self-esteem in psychological development has been the focus of the work of Heinz Kohut. Applying his ideas to the experience of law students has highlighted their struggle with narcissistic aspirations as well as their efforts to develop a professional sense of self. His constructs of grandiose self and idealized parental imago are not only helpful in illuminating the experiences of law students, but have broad implications for the policies and structures of legal education.
The Psychoanalytical Approach as a Contribution to the Assessment of Criminal Responsibility
Authors: Goreta Miroslav
Published: February 2018

A psychoanalytically oriented method was used to explore the psychological dimensions of criminal responsibility and guilt. The sample consisted of 12 males and females with neurotic, psychopathic, and borderline character disturbances sent to the Center for Forensic Psychiatry in Vrapce, Zagreb, Yugoslavia. These diagnostic categories represent the greatest problem in estimating accountability and criminal responsibility. In addition to trying to formulate psychoanalytic criteria for estimating criminal responsibility, this study aims at finding more reliable criteria for ascertaining dangerousness, prognosis, and indications for adequate treatment. It was found that the main criterion was an estimate of the ego's functions as they correspond with the legal formulation “capacity to understand one's own actions and control them.” Additional elements used in analysis included subjective and projected guilt. It is concluded that the degree of criminal responsibility for a particular act does not represent a more direct basis for determining punishment. This study also shows how transference-countertransference reactions can influence the process of expert testimony. Advantages and disadvantages of the psychoanalytically informed approach are weighed against more traditional assessment methods in forensic psychiatry.
Disclosure of Mental Illness to Employers: Legal Recourses and Ramifications
Authors: Ravid Renée
Published: February 2018

Court rulings on discriminatory employment procedures have varied in their interpretation of the law. The landmark Americans with Disabilities Act of 1990 promises to eliminate discrimination against the increasing number of physically and mentally disabled. This article examines past legislation, case law, and changes under the ADA that have affected or will affect the mentally ill in the employment setting. The ADA addresses the issue of confidentiality, distinguishing drug testing from medical examination restrictions. Controversy regarding its implementation is discussed, emphasizing the legal ramifications for psychiatrists who may be asked to assess the fitness of applicants and employees and to make recommendations regarding their “reasonable accommodation.”
Postmodern Religion and the Global World Order: Postmodern Theology and Social Justice
Authors: Young T.R.
Published: February 2018

Whoever says religion says social justice; the only interesting question remaining concerns the boundaries of these Dramas of the Holy