Wrongful termination lawsuits: the employers finally win a few

Much attention has been given of late to the erosion of the "employment-at-will" doctrine. Exceptions to this doctrine began to emerge when courts held that at-will employees could sue if their termination violated public policy. The at-will doctrine was further eroded by court rulings that a contract requiring good cause in order to terminate could be inferred from employee handbooks, company personnel policies, and circumstances of employment. As the initial flood of wrongful termination lawsuits now reaches the appellate level, some guidance on the standards employers must observe can be drawn from court decisions. The authors examine these decisions as well as the legislative reform being proposed in response to them.     

Competence to consent to treatment as a psycholegal construct

The issue of whether civilly committed patients should be extended the right to accept or refuse treatment has generated much controversy and litigation during the past 15 years. In general, the current rule is that in nonemergency situations, individuals who are competent to give informed consent to treatment should be extended the right to refuse it. Obviously, the manner in which this rule is implemented partly depends on how competence to consent to treatment is defined and measured. Most researchers have implicitly assumed that an understanding of treatment information is the sole criterion of competence. It is argued that such a definition may be incomplete and is in need of reexamination. Following a review and analysis of the relevant legal and psychological literature, a comprehensive construct of competency to consent to treatment is proposed and future directions for research are discussed.     

An examination of the psychological aspects of bite marks

The intent of this paper is to present some psychological threads which appear to be operative for the perpetrator of bite marks. In the catalogue of multiple motivations, there appears to be a current theme of power, control, potency, and the attempt to have a psychological symbolization of the perpetrator's omniscient capacity for absorbing life essences. In an examination of these highly complex needs, the modern perpetrator appears to act out consistently with cultural biases coupled with immediate psychological needs which have pressed for expression. Due to a pattern of psychologically expressed ritualism, the perpetrator will often inadvertently leave important psychological clues at the crime scene. The attack style, mode of death, characteristics of the victim, etc.--these components reveal the information on the type of psychological needs that the perpetrator is trying to satisfy. In the cases of bite marks associated with violent crime, it becomes crucial to an "investigator" what type of personality characteristics are welded together to form this kind of need complex. After reviewing cases reported in the literature and after conducting psychological interviews with perpetrators, three major groups of perpetrators seem to be apparent. The first group is motivated out of an anger track, the second group is motivated out of sadistic biting, and the third is out of the more traditional "cannibal complex" motif.     

Practitioner fraud and abuse in medical benefit programs: government regulation and professional white-collar crime

Physicians who defraud and abuse medical benefit programs provide a unique group of lawbreakers for scientific study. They could be considered to epitomize white collar criminals given their exceedingly high socioeconomic status and power as a professional group. Using official reports and documents, as well as interviews with enforcement and program personnel at both state and federal levels, this study examines the problem of physician fraud and abuse in Medicare and Medicaid. Major areas relevant to understanding this phenomenon and its control are presented and policy implications of present knowledge in the area are discussed.