"False confessions" and identification with the aggressor: another forensic misuse of a psychiatric concept

Some psychiatrists misuse theoretical concepts beyond their generally accepted dimensions in an attempt to support a conclusion favorable to a litigant or defendant. In the case presented, the concept of identification with the aggressor was used in an attempt to eliminate or minimize the effect of a confession and to buttress the claim that the confession itself was false. Quotations from the actual reports and testimony are used to reflect both this tactic and the context in which these issues were pursued, including a rather startling admission by the psychiatrist dealing with the thoroughness of his professional effort. A brief history of "identification with the aggressor" is presented, a history which contrasts with its application to rather routine police questioning. Similarly, skepticism is clearly merited when a psychitrist testifies as to truthfulness or falsity of a statement.     

Unclogging Courts by Targeting Litigant Incentives: The Case of the Brazilian Labour Justice Reform

Overburdened courts hinder economic and social progress, yet successful court reforms are rare. Instead of boosting judicial resources or adapting procedure, Brazil tackled persistent backlogs and delays in its labour courts by replacing the pre-existing each-pays-their-own-costs (American) rule for allocation of litigation expenses with an alternative loser-pays-all (English) rule. Using a newly assembled court-level panel dataset and difference-in-differences approach, we show that the reform alleviated the courts' demand pressures and, most importantly, increased court efficacy in both adjudication and enforcement. The Brazilian experience offers valuable policy lessons about viable court reforms for other jurisdictions.     

Reviews

Stephen Sestanovich (ed.), Rethinking Russia's National Interests. Washington, DC: Center for Strategic & International Studies, 1994, xii + 115pp., $14.95 p/b.

Neil Malcolm, (ed.), Russia and Europe: An End to Confrontation? London and New York: Pinter Publishers, for The Royal Institute of International Affairs, London, 1994, xi + 240pp., £35.00.

Douglas W. Blum (ed.), Russia's Future: Consolidation or Disintegration? Boulder, CO, San Francisco, CA & Oxford: Westview Press, 1994, 173pp., £33.50 h/b, £9.95 p/b.

Lynn D. Nelson & Irina Y. Kuzes, Property to the People. The Struggle for Radical Economic Reform in Russia. New York and London: M. E. Sharpe, 1994, xi + 268 pp., £48.00 h/b, £16.00 p/b.

Richard F. Kaufman & John P. Hardt (eds) for the Joint Economic Committee, Congress of the United States, The Former Soviet Union in Transition. Armonk, NY, York and London: M. E. Sharpe, 1993, xxiv + 1222pp.

Michael Jakobson, Origins of the Gulag. The Soviet Prison Camp System 1917–1934. Lexington, KY: The University Press of Kentucky, 1993, xiv+ 176pp., $28.00.

Paul R. Gregory, Before Command: An Economic History of Russia from Emancipation to the First Five‐Year Plan. Princeton; NJ: Princeton University Press, 1994, viii + 188pp., £30.00.

Helene Seppain, Contrasting US and German Attitudes to Soviet Trade, 1917–91. Politics by Economic Means. New York & Basingstoke: St Martin's Press and Macmillan, 1992, xiv + 349pp.

Graham Smith (ed.), The Baltic States: The National Self‐determination of Estonia, Latvia and Lithuania. London: The MacMillan Press Ltd, 1994, xii + 214pp., £40.00.

Jan Zaprudnik, Belarus: At a Crossroads in History. Boulder, CO: Westview Press, 1992, xxiii + 278pp., £11.95 p/b.

Dirk Kretzschmar, Die Sowjetische Kulturpolitik 1970–1985. Bochum: Universitatsverlag Dr N. Brockmeyer, 1993, xxvi + 873pp., DM89.80.

Jan Kubik, The Power of Symbols against the Symbols of Power; The Rise of Solidarity and the Fall of State Socialism in Poland. Pennsylvania, PA: University of Pennsylvania Press, 1994, xiv + 322pp., £38.00 h/b, £13.95 p/b.

Ljerka Fulgosi & Vlasta Vince‐Ribaric (eds), Hundred Testimonies: The Moving Accounts of Croatian Displaced Persons and War Prisoners. Zagreb: Society of Croatian Professional Women and INA Consulting, 1994, 196pp., $20.00.

Theodor Bergman, Gert Schaefer & Mark Seldon (eds), Bukharin in Retrospect. New York: M. E. Sharpe, 1994, xxv +251pp.     

Book reviews

Stephen Chan and Andrew J. Williams (eds), Renegade states: The Evolution of Revolutionary Foreign Policy (Manchester: Manchester University Press, 1994).

Adam Roberts and Benedict Kingsbury (eds), United Nations, Divided World. The UN's Role in International Relations 2nd edition (Oxford: Clarendon Press, 1993)

G. Hastedt and K. Knickrehm, (eds), Toward the Twenty‐first Century. A Reader in World Politics (New Jersey: Prentice Hall, 1994).

A. J.R. Groom and Margot Light (eds), Contemporary International Relations: A Guide to Theory (London: Pinter Publishers, 1994).     

Special report on reimbursement. HCFA enacts new enforcement remedies covering nursing facilities

While the regulations are revolutionary in their use of "substantial compliance," the interpretation and application of HCFA's new remedial scheme are still uncertain, as states are given broad discretion in defining important terms and in applying and interpreting the criteria to select remedies. Further complicating the issue is the fact that some states, including California, intend to seek waivers from HCFA to substitute their own state enforcement systems for most, if not all, of the new federal system. Based upon these uncertainties, the enforcement of nursing facility standards will likely be in a state of flux for some time to come.     

The hate that dare not speak its name: Pornography qua semi-political speech

In this essay we shall examine the contemporary jurisprudential thinking and legal precedents surrounding the issue of the sanctionability of pornography. We shall catalogue them by their logical presumptions, such as whether they view pornography as speech or act, whether they view pornography as obscenity, political hate-speech or anomalous other, whether they would scrutinize legislation governing pornography by a balancing of the harm of repression against the harm of permission, and who exactly they view as the victims.We shall take a special interest in the most recent, but unsuccessful, attempt by a subgroup of feminists to proscribe pornography by treating it as neither political speech nor sexual speech but speech which causes harm which is both political and sexual. They would like it to be considered as a special kind of odious propaganda undeserving of protection because it promulgates a mental state conducive to criminal activity, and hence is criminal in and of itself. However, the repression of propaganda, even odious propaganda, is not so easily accomplished in this country.Most anti-censors have emphasized the uncertainty of the causal connection between pornography and sexual violence. We shall contend that this is not the essential issue, and that, even if we agree with the allegations of pornography's prurient non-intellectual appeal and its tendency to excite criminal hostility, the current understanding of the Bill of Rights allows sanctioning only under the stringent requirement of the showing of a clear and present danger of specific and immediate acts.We raise the question of whether there should be a new standard for speech which is simultaneously political and sexual, and/or for speech whose harmful message is presented subliminally, on the grounds that such speech may not be adequately opposed by counter speech in the marketplace of ideas.