Medical malpractice in the absence of a doctor-patient relationship: the potential liability of psychiatric examiners in New York State

In New York, psychiatrists (and all physicians) have a duty, in every circumstance with respect to such functions as they are required to undertake, to conduct themselves and all their examinations in a thorough and proper manner. Especially in a forensic setting, psychiatrists must bear in mind that they have a legal duty to perform a competent examination before they render an opinion. It is well established that malpractice liability does not require the preexistence of a doctor-patient relationship based on an undertaking for the purpose of treatment. The author discusses a long line of cases in New York State which holds that psychiatric examiners are potentially liable in malpractice for any breach of duty with respect to those functions that are undertaken. Failure to conduct a proper, careful, and competent examination may result in liability in a variety of areas: competency examinations, commitment proceedings, workers' compensation claims, and so on. Limitations on such malpractice liability are discussed. Unlike some jurisdictions, New York does not accord judicial immunity to psychiatric examiners.     

Urban agriculture: addressing practical and strategic gender needs

This paper considers the role of urban agriculture in addressing the practical and strategic needs of African women, and assesses the gender implications of embracing urban agriculture as a development intervention strategy. Empirical evidence from Botswana and Zimbabwe points to the multi-faceted role of urban agriculture whereby some women use this activity to support their households on a daily basis, and others use it as an avenue for social and economic empowerment over the longer term. In order to benefit rather than burden women, the promotion and support of urban agriculture must take on an emancipatory agenda, which supports individual, practical and strategic goals, and ultimately challenges the structural conditions that give rise to women's involvement in the activity in the first place.     

Techniques for evaluating regulatory change

This paper demonstrates the applicability of two empirical techniques—the Heckman two-stage switching regression and the event study methodology—for evaluating regulatory or legislative change relating to companies and in particular to the regulation of company reporting. These techniques measure the impact of regulatory changes once they have happened. They could be used in practice if regulatory changes were subject to a review procedure. The availability of these relatively sophisticated techniques should encourage the quantitative analysis of regulatory changes. Comparisons of effects across member states of the European Union would be interesting but would obviously need care.     

Temporary migration in Shanghai and Beijing

In a number of developing countries, temporary migration plays a key role in the labor market. In China, where permanent migration is carefully controlled, movement without an official change in household registration (temporary migration) is relatively unrestricted. It has increased dramatically since the economic reforms introduced in 1979. Using data from surveys in Shanghai and Beijing, this article focuses on the sociodemographic characteristics of temporary migrants in relation to their reasons for moving and the duration of their stay at destination. Many temporary migrants come to these cities in search of work; however, many others move for noneconomic reasons associated with family reunion and retirement. Moreover, the distinctive socioeconomic features of Shanghai and Beijing also influence the characteristics of temporary migrants and their reasons for coming to the cities. Alice Goldstein is senior researcher at the Population Studies and Training Center of Brown University, Providence, R.I. 02912. Her research deals with the interrelations among population mobility, urbanization, and economic development. Among her most recent publications isPermanent and Temporary Migration Differentials in China, East-West Population Institute Paper No. 117 (Honolulu: 1990) (co-author with Sidney Goldstein). Shenyang Guo recently received his Ph.D. from the University of Michigan and has held an appointment as a postdoctoral fellow at Brown University. His research interests encompass fertility changes and economic development in China.     

The twilight zone between scientific certainty and legal sufficiency: should a jury determine the causation of schizophrenia?

In lawsuits involving complex scientific issues of causation, dispute resolution requires that a final decision be reached in each case, regardless of whether science is able to provide definitive answers to the questions of causation raised at trial. Proving causation before science has is a concept that scientists may find disconcerting and foreign to some of their basic assumptions. This paper explores the foregoing issues, discusses medical versus legal concepts of causation, outlines the legal tests for admissibility of novel scientific evidence (including Federal Rule of Evidence 702 and the Frye test of general acceptance by the relevant scientific community), and presents a toxic tort case in which expert psychiatric testimony addressed the issue of causation of schizophrenia. The paper articulates concerns about the "misleading aura of certainty" posed by scientific evidence and the burden of decision making that is cast upon the legal system in such scientific issue cases.     

The control of visual representation: American art policy in occupied Germany, 1945–1949

The development of the fine arts in post-war West Germany was influenced by the Office of Military Government for Germany, US (OMGUS). In mid-1946, a small group of OMGUS officers proposed the development of a fine arts policy aimed at neutralizing the Soviet cultural offensive. They were also interested in overcoming the cultural isolationism inherited from the Third Reich, and in strengthening the link between Western Germany and the democratic West. In 1947 the Monuments, Fine Arts, and Archives Branch (MFA&A) of OMGUS began to develop an active fine arts policy. Its officers organized art exhibitions, provided exhibition space, established art contests, invited international speakers to lecture on art, created art appreciation groups, purchased work by German artists, channeled funds to German artists, and connected German artists with American museums, universities, and art patrons. Formal and informal, overt and covert networks were established to develop German-American artistic relations in the context of a cultural policy emphasizing collaboration.