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

John T. Monahan, University of Virginia School of Law

Article comments

Forthcoming: University of Cincinnati Law Review (Vol.75, spring 2007)

Abstract

In an article for a symposium issue of the Cincinnati Law Review on the thirtieth anniversary of the Tarasoff case, 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.

Subject Area

Medical Jurisprudence, Psychology and Psychiatry, Public Law and Legal Theory

Recommended Citation

John T. Monahan, "Tarasoff at Thirty: How Developments in Science and Policy Shape the Common Law" (February 2007). University of Virginia Legal Working Paper Series. University of Virginia Public Law and Legal Theory Working Paper Series. Working Paper 61.
http://law.bepress.com/uvalwps/uva_publiclaw/art61

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