- Hospital can be sued for releasing mental patient who killed his wife ten days later [ABA Journal, Michigan]
- Pet-sitter draws probation on animal cruelty charges after letting pig overeat and get too fat [AP/Austin, Minn. Post-Bulletin]
- The government pressured states to raise drinking age to 21. So why didn’t the move save lives? [Miron/Tetelbaum, Forbes]
- “Goldman Sachs Tries To Bully Blogger” [Marc Randazza, Cit Media Law and Legal Satyricon; Ron Coleman, Likelihood of Confusion; Brian Baxter, American Lawyer; Martin Schwimmer, Trademark Blog ("I Don't Think It's The Dumbest Trademark Demand Letter I've Ever Seen")]
- Dangers in using Title IX to go after sex imbalances in science and engineering, as Obama is said to want to do [Christina Hoff Sommers, Washington Post]
- Thomas Mundy and his attorney, frequent Overlawyered mentionee Morse Mehrban, have filed more than 200 ADA lawsuits against California merchants and other businesses, settling them for an income that opponents estimate as in excess of $300,000 a year each [L.A. Times back in January, California Civil Justice] But an Orange County jury took 18 minutes to dismiss Mundy’s suit against Del Taco [OC Register, MoreLaw, Ken @ Popehat and his followup] Noni Gotti’s 45-day spree of 41 lawsuits against 111 businesses and landlords in Santa Ana area [Jan Norman, OC Register; more on ADA filing mills]
- Police payouts up but hospital payouts down: “[New York] City Paid Out $568 Million for Lawsuits Last Year” [NY Politics; Ted yesterday]
- Another lawyer disclaimer with a sense of humor [Nicole Black/Legal Antics citing Kelly Phillips Erb/TaxGirl; earlier]
Tagged as:
ADA filing mills,
alcohol,
animals,
colleges and universities,
Morse Mehrban,
nastygrams,
NYC,
psychiatry,
Title IX,
trademarks
- Court declines to dismiss stripper’s suit blaming her DUI crash on club that made her drink with customers [Heller/OnPoint News, earlier]
- Served 23 years in Wisconsin prison, then cleared by DNA evidence [Innocence Project]
- Headlines we didn’t make up: “Grad Student Threatens to Sue Over Destruction of Rare Lizard Dung” [ABA Journal, U.K. case]
- Wisconsin middle school suspends teacher Betsy Ramsdale because her Facebook photo shows her with gun [Never Yet Melted] http://is.gd/iQaj
- David Ogden, now up for a high Department of Justice post, assisted in Clinton-Reno era’s ghastly RICO suit against tobacco companies (maybe on-orders-from-superiors, given the extent to which the whole thing was wired by hotshot outside lawyers suing the industry) [Carrie Johnson, WaPo]
- You’d think they’d learn: appliance energy-use mandates led to lousy clothes-washer and dishwasher designs, but more of the same on the horizon [Kazman, CEI "Open Market"]
- Walks out of psychiatric hospital and kills himself, state of New Jersey ordered to pay $600K to survivors [Newark Star-Ledger]
- Why there was a market for burned out light bulbs in the former Soviet Union [Tyler Cowen]
Tagged as:
Facebook,
guns,
Innocence Project,
New Jersey,
psychiatry,
strippers and exotic dancers,
Wisconsin,
zero tolerance
by SSFC on December 23, 2008
Peter Reiner of the Neuroethics & Law Blog points to the impending arrival of the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders, or as it will be commonly known, the DSM-V. DSM, in its various editions, is generally treated as the bible of psychiatry, providing diagnostic criteria for a host of mental maladies from the common, such as depression, to the bizarre, such as trichotillomania.
Readers of this site may know that the DSM is relevant to a number of fields of legal practice, including criminal law, tort practice, workers compensation, and increasingly employment law. If nothing else DSM often provides fodder for cross examination of experts, but in some cases it interacts with the law more directly. For instance, whether a person is psychiatrically “disabled” within the meaning of the Americans With Disabilities Act, or an insurance policy, may turn on whether that person’s problems can be summarized through a DSM diagnosis. Revisions to past editions of DSM have even had social and political ramifications in the culture at large. Arguably the removal of “homosexuality” as a form of mental illness in the 1970s contributed, in its small way, to greater acceptance of gay people in American culture.
Like Dr. Reiner, I find one aspect of the revision process troubling. It’s being conducted in secret, and the revisionists are being held by the American Psychiatric Association to confidentiality agreements. The APA has justified this a couple of grounds: first that it allows the committee to work undistracted by public comment from fellow scientists; and second that it prevents members from accepting outside work, such as casebook writing and other assignments, with an eye toward money. After all, “The Doctor Who Wrote the Book On Binge Eating” could make a killing on the Oprah Winfrey Show.
While I’m not a scientist, the secrecy does strike me as bad science, and bad policy. I’d never argue that laypeople, for instance lawyers, should have their comments considered by the APA, but there are many, many psychiatrists, non-psychiatrist MDs, scientists from other disciplines, and psychologists who could provide valuable criticism or validation of the work before it’s plopped onto the public. While I’m also sure that the drafters are ethical, experts of the highest order, and would never commit misconduct, stranger things have happened. And there may even be a few laypeople who have thoughts that might be helpful. Taking homosexuality as an example, there are many people who have non-disabling, non-criminal sexual hangups who might have useful opinions about the fact that “sexual fetishes” are still classified as a form of mental illness.
Make no mistake, the DSM-V will change more than the practice of psychiatry, in ways subtle and profound. Whether the secrecy with which it’s being drafted will contribute to that change is something we won’t know, until the cat is already out of the bag.
Edit: 12/24/2008 Adam Kolber was kind enough to point out that I had attributed the Neuroethics post to him, when in fact its author is Peter Reiner. I have edited this post to reflect that.
Tagged as:
psychiatry