Alan A. Stone, M.D.

Touroff-Glueck Professor of Law and Psychiatry, Emeritus

Langdell Library 318

617-495-3124

Assistant: Maura Kelley / 617-495-4642

Biography

Professor Stone is a graduate of Harvard University (1950) and Yale Medical School (1955).  He trained in adult and child psychiatry and is a graduate of the Boston Psychoanalytic Institute (1966).  Professor Stone is the Touroff-Glueck Professor of Law and Psychiatry in the Faculty of Law and the Faculty of Medicine, Harvard University.  He has been a Guggenheim Fellow, a Fellow at the Center for Advanced Study in Behavioral Sciences, and the Tanner Lecturer at Stanford University.  At Harvard, he has been a Fellow of the Interfaculty Mind Brain and Behavior Group.  He served on the Board of Trustees and as President of the American Psychiatric Association.  He continues to serve as a consultant to the A.P.A.’s Committee on Judicial Action, the focus of the Association’s participation in cases before the higher courts.  Professor Stone is the author of several books, many book chapters, and numerous articles.

Areas of Interest

Alan A. Stone, Movies and the Moral Adventure of Life (MIT Press 2007).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Arts & Entertainment Law
,
Law & Humanities
Type: Book
Abstract
For Alan Stone, a one-time Freudian analyst and former president of the American Psychiatric Society, movies are the great modern, democratic medium for exploring our individual and collective lives. They provide occasions for reflecting on what he calls “the moral adventure of life”: the choices people make--beyond the limits of their character and circumstances--in response to life’s challenges. The quality of these choices is, for him, the measure of a life well lived. In this collection of his film essays, Stone reads films as life texts. He is engaged more by their ideas than their visual presentation, more by their power to move us than by their commercial success. Stone writes about both art films and big-budget Hollywood blockbusters. And he commands an extraordinary range of historical, literary, cultural, and scientific reference that reflects his impressive personal history: professor of law and medicine, football player at Harvard in the late 1940s, director of medical training at McLean Hospital, and advisor to Attorney General Janet Reno on behavioral science. In the end, Stone’s enthusiasms run particularly to films that embrace the sheer complexity of life, and in doing so enlarge our sense of human possibilities: in Antonia’s Line, he sees an emotionally vivid picture of a world beyond patriarchy; in Thirteen Conversations about One Thing, the power of sheer contingency in human life; and in American Beauty, how beauty in ordinary experience draws us outside ourselves, and how beauty and justice are distinct goods, with no intrinsic connection. Other films discussed in these essays (written between 1993 and 2006 for Boston Review) include Un Coeur en Hiver, Schindler’s List, Pulp Fiction, Thirteen Days, the 1997 version of Lolita, The Battle of Algiers, The Passion of the Christ, Persuasion, and Water. Alan A. Stone is Touroff-Glueck Professor of Law and Psychiatry at Harvard University and a former president of the American Psychiatric Society.
Alan A. Stone, John Seamon’s Memory & Movies: What Films Can Teach Us about Memory, Cerebrum (Feb. 24, 2016) (book review).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Mind Sciences
,
Law & Humanities
Type: Other
Abstract
From trauma to amnesia to senior moments, memory has been a major plot line in films since the 1942 classic, Random Harvest. John Seamon, an author and professor of psychology whose research includes how a camera aids memory and the impact of storytelling on memory, has shifted his lens to focus on how memory has been portrayed in one of the world's most beloved art forms.
Alan A. Stone, The Price of Vengeance: Settling the Cinematic Torture Debate, Bos. Rev. (Mar. 1, 2013)(reviewing Kathryn Bigelow, Zero Dark Thirty (2012)).
Categories:
Disciplinary Perspectives & Law
,
Government & Politics
Sub-Categories:
Arts & Entertainment Law
,
Military, War, & Peace
Type: Article
Alan A. Stone, Imagining Faith, Bos. Rev. (Sept. 1, 2011)(reviewing Terence Malik, The Tree of Life (2011)).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Arts & Entertainment Law
Type: Article
Alan A. Stone, Bin Laden: The Movie - The Director of The Hurt Locker Takes on the 9/11 Mastermind, Bos. Rev. (July 1, 2011)(reviewing Kathryn Bigelow, The Hurt Locker (2009)).
Categories:
Disciplinary Perspectives & Law
,
Government & Politics
Sub-Categories:
Arts & Entertainment Law
,
Military, War, & Peace
Type: Article
Alan A. Stone, Drowned Out: Julie Taymor's The Tempest, Bos. Rev. (Mar. 1, 2011)(reviewing Julie Taymor, The Tempest (2010)).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Arts & Entertainment Law
Type: Article
Alan A. Stone & Duncan MacCourt, Ethics in Forensic Psychiatry: Re-Imagining the Wasteland after 25 Years, 36 J. Psychiatry & L. 617 (2008).
Categories:
Health Care
Sub-Categories:
Psychology & Psychiatry
Type: Article
Alan S. Stone, The Ethical Boundaries of Forensic Psychiatry: A View from the Ivory Tower, 36 J. Am. Acad. Psychiatry & L. 167 (2008).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Mind Sciences
Type: Article
Abstract
The author, a nonforensic psychiatrist, discusses problems with the ethical boundaries of forensic psychiatry. In purist terms, psychiatrists are immediately over the boundaries when they go into court because the content of psychiatry is confidential and not necessarily factual. There is the risk that the psychiatrist will twist the rules of justice and fairness to help the patient, or the equal risk that the patient will be deceived in order to serve justice and fairness. Since the adversarial system can both seduce and assault psychiatrists, there is the danger that individuals can prostitute the profession. In addition, there are no clear guidelines as to what is proper and ethical; such guidelines must take into account good clinical practice, standards of science, truth and honesty, and the adversarial standard. It is suggested that testimony in death penalty cases is unethical because of the basic ethical guideline that psychiatrists must do all they can to ease the suffering of patients. It is concluded that at the present time forensic psychiatrists are caught on the horns of an ethical dilemma.
Alan A. Stone, Forensic Ethics and Capital Punishment: Is There a Special Problem?, 13 J. Forensic Psychiatry 487 (2002).
Categories:
Legal Profession
,
Disciplinary Perspectives & Law
,
Criminal Law & Procedure
Sub-Categories:
Capital Punishment
,
Sentencing & Punishment
,
Criminal Evidence
,
Law & Mind Sciences
,
Legal Ethics
Type: Article
Abstract
Editorial. Comments on the problematic nature of the relationship between forensic ethics and capital punishment. Ethical standards of psychiatrists who testify in court; Roles that forensic psychiatrists may play in capital punishment; Distinction between a psychiatrist's clinical/therapeutic and legal/testimonial roles.
Alan A. Stone, Supreme Court Decision Raises New Ethical Questions for Psychiatry, Psychiatric Times (Sept. 1, 2002).
Categories:
Disciplinary Perspectives & Law
,
Government & Politics
,
Legal Profession
,
Criminal Law & Procedure
,
Health Care
Sub-Categories:
Capital Punishment
,
Law & Mind Sciences
,
Supreme Court of the United States
,
Psychology & Psychiatry
,
Legal Ethics
Type: Other
Alan A. Stone, Psychiatrists on the Side of the Angels: The Falun Gong and Soviet Jewry, 30 J. Am. Acad. Psychiatry & L. 107 (2002).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Health Care
,
Discrimination & Civil Rights
Sub-Categories:
Religious Rights
,
Law & Mind Sciences
,
Psychology & Psychiatry
,
Human Rights Law
,
East Asian Legal Studies
Type: Article
Alan A. Stone, Psychotherapy in the Managed Care Health Market, 7 J. Psychiatric Prac. 238 (2001).
Categories:
Disciplinary Perspectives & Law
,
Health Care
Sub-Categories:
Law & Mind Sciences
,
Health Law & Policy
,
Psychology & Psychiatry
Type: Article
Abstract
The author considers the future of psychotherapy in the managed care health market. He focuses on two interrelated questions. How can the efficacy of psychotherapy be scientifically demonstrated? Can psychotherapy meet the standards of cost-effectiveness set by health plans? He notes that efficacy is not enough in the managed care market, in which health plans also focus on the rational allocation of resources and economies of scale. The author then turns to the question of whether the doctor-patient relationship, which was central to American medicine throughout much of the 20th century, can survive in the current healthcare climate. He reviews the literature on the efficacy of psychotherapy and discusses the criteria for empirically validated treatments proposed by the American Psychological Association. He concludes that there is considerable support for the premise that the personal qualities of the individual therapist that contribute to the formation of the therapeutic alliance are at least as important, if not more important, than the specific method of psychotherapy used. The author concludes that medicine and psychiatry may be neglecting an important and uniquely curative element—the doctor-patient relationship, the human encounter that is the foundation of the art and science of medicine.
Alan A. Stone, William James, 1842-1910, 157 Am J. Psychiatry 1583 (2000).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Law & Mind Sciences
,
Biography & Tribute
Type: Article
Alan A. Stone, Letter to the Editor, Ethics and Managed Care, 51 Psychiatric Services 392 (2000).
Categories:
Health Care
Sub-Categories:
Health Law & Policy
Type: Article
Alan A. Stone, The Forensic Psychiatrist as Expert Witness in Malpractice Cases, 27 J. Am. Acad. Psychiatry & L. 451 (1999).
Categories:
Health Care
,
Civil Practice & Procedure
Sub-Categories:
Torts
,
Torts - Negligence
,
Evidence
,
Psychology & Psychiatry
,
Medical Jurisprudence
Type: Article
Alan A. Stone, Managed Care, Liability, and ERISA, 22 Psychiatric Clinics N. Am. 17 (1999).
Categories:
Health Care
,
Labor & Employment
Sub-Categories:
Health Law & Policy
,
Psychology & Psychiatry
,
Insurance Benefits
,
Employee Benefits
Type: Article
Alan A. Stone, Psychiatry and the Law, in The New Harvard Guide to Psychiatry 798 (Armand M. Nicholi, Jr. ed., 1999).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Mind Sciences
Type: Book
Alan A. Stone, Managed Care: the Iceberg and Titanic, Harv. Mental Health Letter, July 1998, at 4.
Categories:
Health Care
Sub-Categories:
Psychology & Psychiatry
,
Health Law & Policy
Type: Article
Alan A. Stone, Revisiting the Parable: Truth Without Consequences, 17 Int'l J.L. & Psychiatry 79 (1994).
Categories:
Health Care
,
Discrimination & Civil Rights
,
Legal Profession
Sub-Categories:
Race & Ethnicity
,
Psychology & Psychiatry
,
Legal Ethics
Type: Article
Alan A. Stone, Iatrogenic Ethical Problems: Commentary on 'Can a Patient Refuse a Psychiatric Consultation to Evaluate Decision-Making Capacity?', 5 J. Clinical Ethics 234 (1994).
Categories:
Health Care
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Psychology & Psychiatry
Type: Article
Alan A. Stone, Editorial, Psychiatry's Undiscovered Country, 151 Am. J. Psychiatry 953 (1994).
Categories:
Discrimination & Civil Rights
,
Health Care
Sub-Categories:
Discrimination
,
Psychology & Psychiatry
,
Medical Jurisprudence
,
Health Law & Policy
Type: Article
Alan A. Stone, An Algorithm in a Different World, 4 J. Clinical Ethics 351 (1993).
Categories:
Health Care
Sub-Categories:
Psychology & Psychiatry
,
Health Law & Policy
Type: Article
Alan A. Stone, Book Review, 181 J. Nervous & Mental Disease 268 (1993) (reviewing John Q. LaFond & Mary L. Durham , Back to the Asylum: The Future of Mental Health Law and Policy in the United States (1992)).
Categories:
Health Care
,
Government & Politics
Sub-Categories:
Politics & Political Theory
,
Psychology & Psychiatry
Type: Article
Alan A. Stone, Post-Traumatic Stress Disorder and the Law: Critical Review of the New Frontier, 21 Bull. Am. Acad. Psychiatry & L. 23 (1993).
Categories:
Health Care
,
Civil Practice & Procedure
,
Criminal Law & Procedure
Sub-Categories:
Criminal Justice & Law Enforcement
,
Torts - Negligence
,
Psychology & Psychiatry
,
Medical Jurisprudence
Type: Article
Abstract
Since its debut in the psychiatric nomenclature in 1980, post-traumatic stress disorder (PTSD) has had a dramatic impact on criminal and civil jurisprudence. PTSD has created a cottage industry among both criminal and negligence attorneys and mental health practitioners. The diagnosis first achieved public notoriety when it was introduced as a new basis for the insanity defense. More recently "syndrome evidence" of the subtypes and variations of PTSD have encroached on the substantive criminal law of self-defense. In addition, the diagnosis may have an impact on such traditionally legal and factual determinations as the credibility of witnesses and may undermine conservative tort doctrine that attempts to cabin psychic injury. The emerging legal area of victims' rights has been strengthened and paradoxically divided by PTSD. Yet the newly defined disorder of PTSD has not borne such a heavy forensic burden easily. Indeed the diagnosis poses for psychiatry some of the very problems it supposedly solves for legal purposes, including the illusory objectivity of the causative traumatic event and the expert's dependence upon the victim's subjective and unverifiable reports of symptomatology for the diagnosis.
Alan A. Stone, Letter to the Editor, The Case of Anne Sexton: Reply, 326 New Eng. J. Med. 1364 (1992).
Categories:
Health Care
Sub-Categories:
Psychology & Psychiatry
Type: Article
Alan A. Stone, Book Review, 178 J. Nervous & Mental Disease 542 (1990) (reviewing Susanne Dell & Graham Robertson, Sentenced to Hospital: Offenders in Broadmoor (1988)).
Categories:
Health Care
Sub-Categories:
Psychology & Psychiatry
Type: Article
Alan A. Stone, Law, Science, and Psychiatric Malpractice: a Response to Klerman's Indictment of Psychoanalytic Psychiatry, 147 Am. J. Psychiatry 419 (1990).
Categories:
Health Care
,
Civil Practice & Procedure
,
Government & Politics
Sub-Categories:
Litigation & Settlement
,
Torts
,
Torts - Negligence
,
Courts
,
Psychology & Psychiatry
Type: Article
Abstract
The Osheroff litigation, which is central to Klerman's paper, ended in an out-of-court settlement. The author states that there is no legal precedent for the so-called right to effective treatment and that the case history was a much more complicated clinical scenario than Klerman reports. He concludes that there is neither in the law nor in the clinical facts a sound or certain basis for Klerman's conclusions or for the sweeping policy reforms and standardized clinical procedures he urges. Although they are directed against traditional psychoanalytic psychiatrists, Klerman's proposals could have serious consequences for the innovation, diversity, and independent thought essential to scientific progress in psychiatry.
Alan Stone, The Breaking of Bodies and Minds: Torture, Psychiatric Abuse, and the Health Professions (Eric Stover & Elena Nightingale eds., 1985), 176 J. Nervous & Mental Disease 452 (1988) (book review).
Categories:
Health Care
Sub-Categories:
Psychology & Psychiatry
Type: Article
Alan A. Stone, Justice Blackmun: A Survey of His Decisions in Psychiatry and Law, 13 Am. J.L. & Med. 291 (1987).
Categories:
Health Care
,
Government & Politics
,
Legal Profession
Sub-Categories:
Supreme Court of the United States
,
Judges & Jurisprudence
,
Psychology & Psychiatry
,
Health Law & Policy
,
Legal History
Type: Article
Abstract
Surveys 16 of the U.S. Supreme Court's `Law and Psychiatry' decisions from 1972 through 1986, with emphasis on Justice Harry Blackmun's role in these decisions. Civil libertarian themes of mental health law reformers; Blackmun's written opinions; Supreme Court trend of moving away from judicial activism that will favor the mentally ill and the mentally retarded.
Alan A. Stone, Letter to the Editor, Guidelines for Mental-Patients Rights, 329 Lancet 1264 (1987).
Categories:
Health Care
Sub-Categories:
Psychology & Psychiatry
Type: Article
Alan A. Stone, Response to the Article “Depression, Self-Love, Time, and the ‘Right’ to Suicide” by Bursztajn et al., 8 Gen. Hosp. Psychiatry 97 (1986).
Categories:
Discrimination & Civil Rights
,
Health Care
Sub-Categories:
Civil Rights
,
Psychology & Psychiatry
Type: Article
Alan A. Stone, Vermont Adopts Tarasoff: a Real Barn-Burner, 143 Am. J. Psychiatry 352 (1986).
Categories:
Health Care
,
Civil Practice & Procedure
Sub-Categories:
Torts - Negligence
,
Psychology & Psychiatry
Type: Article
Abstract
A recent Vermont Supreme Court decision adopts and extends the Tarasoff precedent. This paper emphasizes three aspects of the new precedent that are of possible consequence to providers of mental health care. First, the decision imposes the Tarasoff duty on all "mental health professionals". Second, it demonstrates a legal scenario that in effect permits a single standard of care to be applied to all mental health professionals. Third, it creates liability for property damage as well as for personal injury.
Alan A. Stone, A Response to Comments on APA's Model Commitment Law, 36 Hosp. & Community Psychology 984 (1985).
Categories:
Health Care
Sub-Categories:
Psychology & Psychiatry
,
Health Law & Policy
Type: Article
Abstract
APA's model commitment law was drafted in response to the dominant libertarian approach to civil commitment, which holds that the liberty and privacy interests of a mentally ill individual must be given precedence over all other interests. The author, who was instrumental in drafting APA's model law, responds to questions about the law's provisions raised by the five commentators in this issue. They relate to adequate treatment, practical impact, advocacy, screening and appropriate placement, the fiveday emergency commitment period, exclusion of psychologists from the commitment process, and malpractice litigation as a means of improving mental health services. He identifies what be believes to be limitations in the model law, which underwent several modifications before its approval by APA as Guidelines for the Civil Commitment of Adults.
Alan A. Stone, Law's Influence on Medicine and Medical Ethics, 312 New Eng. J. Med. 309 (1985).
Categories:
Health Care
,
Government & Politics
Sub-Categories:
Congress & Legislation
,
Courts
,
Administrative Law & Agencies
,
State & Local Government
,
Health Law & Policy
,
Bioethics
,
Medical Jurisprudence
Type: Article
Alan A. Stone, The Insanity Defense and the Civil Libertarian, 20 Harv. C.R.-C.L. L. Rev. 525 (1985) (reviewing Lincoln Caplan, The Insanity Defense and the Trial of John W. Hinckley, Jr. (1984)).
Categories:
Criminal Law & Procedure
,
Health Care
Sub-Categories:
Criminal Defense
,
Psychology & Psychiatry
Type: Article
Alan A. Stone, Editorial, Dr. Stone Disputes Review of his Book, Trial, Nov. 1984, at 8.
Categories:
Health Care
Sub-Categories:
Psychology & Psychiatry
Type: Article
Alan A. Stone, The New Paradox of Psychiatric Malpractice, 311 New Eng. J. Med. 1384 (1984).
Categories:
Health Care
,
Civil Practice & Procedure
Sub-Categories:
Torts - Negligence
,
Psychology & Psychiatry
,
Medical Jurisprudence
Type: Article
Alan A. Stone, A Case of Preventable Murder, N.Y. Times, Feb. 26, 1984, at BR 15 (reviewing John Katzenbach, First Born: The Death of Arnold Zeleznik, Age Nine: Madness and What Came After (1984)).
Categories:
Health Care
,
Criminal Law & Procedure
,
Civil Practice & Procedure
Sub-Categories:
Criminal Defense
,
Torts - Negligence
,
Psychology & Psychiatry
Type: Article
Alan A. Stone, Law, Psychiatry and Morality: Essays and Analysis (Am. Psychiatric Press 1984).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
,
Health Care
Sub-Categories:
Law & Mind Sciences
,
Psychology & Psychiatry
,
Health Law & Policy
,
Legal Ethics
Type: Book
Clifford D. Stromberg & Alan A. Stone, A Model State Law on Civil Commitment of the Mentally Ill, 20 Harv. J. on Legis. 275 (1983).
Categories:
Health Care
,
Government & Politics
,
Legal Profession
Sub-Categories:
State & Local Government
,
Psychology & Psychiatry
,
Legal Reform
Type: Article
Abstract
Involuntary commitment of mentally disordered persons has been the subject of unceasing litigation and legislative activity during the last decade. The problems of lax civil commitment laws and "warehousing" of patients in large institutions for long periods without effective treatment have been answered by reforms directed toward improving institutional conditions, transferring patients to community facilities, and regarding dangerousness as the only valid basis for commitment. Mental patients' "right to treatment," "right to refuse treatment," and "right to the least restrictive alternative" have dominated the debate and transformed state commitment laws. In this Article, Mr. Stromberg and Dr. Stone argue that these necessary reforms have given rise to a second generation of problems as formidable as the first. These new problems include abandonment of severely mentally ill persons, custodial care without treatment for patients who refuse treatment, conversion of mental hospitals into jails, failure to protect society, frequent lawsuits against mental health professionals, and continuing confusion about the goals of civil commitment. Mr. Stromberg and Dr. Stone present here a Model Law to address these problems that was developed and approved by the American Psychiatric Association. The authors also provide a commentary in which they explain how each of the Model Law's provisions can help states begin to solve the emerging problems of the civil commitment system in the 1980's.
Alan Stone, A Brief Note on Kant and Free Association, 10 Int’l Rev. Psycho-Analysis, 445 (1983).
Categories:
Disciplinary Perspectives & Law
,
Health Care
Sub-Categories:
Legal Theory & Philosophy
,
Psychology & Psychiatry
Type: Article
Alan A. Stone, Sexual Misconduct by Psychiatrists: the Ethical and Clinical Dilemma of Confidentiality, 140 Am. J. Psychiatry 195 (1983).
Categories:
Health Care
,
Legal Profession
Sub-Categories:
Psychology & Psychiatry
,
Legal Ethics
Type: Article
Abstract
Psychiatrists have an ethical obligation to expose colleagues who sexually abuse their patients. However, this obligation often conflicts with the ethical obligation of confidentiality. The principled ethical dilemma is grounded in practical clinical considerations. The author suggests systematic use of consultation as a potential method to address both ethical and clinical responsibilities.
Alan A. Stone, The Dream of Irma's Injection: a Structural Analysis, 139 Am. J. Psychiatry 1225 (1982).
Categories:
Health Care
Sub-Categories:
Psychology & Psychiatry
Type: Article
Abstract
Levi-Strauss developed a radically new, structural approach to the analysis of myth that may be adapted for use in the analysis of dreams. The method provides an alternative to psychoanalytic dream interpretation, focusing particularly on the internal dialectic of the dream--the movement from the initial premise to the resolution. This emphasis on the internal coherence and structured development of the dream contrasts strongly with the Freudian piecemeal decoding of dreams. The method is exemplified by analysis of Freud's classic Irma dream; it reveals a structure and message that have hitherto remained obscure. The interpretation connects the dream to Freud's theoretical ideas rather than to his supposed psychosexual fixations.
Alan A. Stone, The Insanity Defense on Trial, 33 Hosp. & Community Psychiatry 636 (1982).
Categories:
Health Care
,
Criminal Law & Procedure
Sub-Categories:
Criminal Defense
,
Psychology & Psychiatry
,
Medical Jurisprudence
Type: Article
Abstract
What was once a great romance between law and psychiatry has ended in disenchantment on both sides. Legal rulings during the 1950s intended to increase the psychiatric presence in the courtroom have been repudiated, and there is now a mood to abolish the traditional insanity defense. Abolitionists charge that the insanity defense has been successfully employed by large numbers of dangerous criminals to avoid punishment, that psychiatrists are dishonest because they serve as expert witnesses for both sides, and that the existence of the defense is evidence of a permissive society that coddles violent criminals. Each of these charges is rebutted by the author, who contends that until recently the insanity defense was a profound hypocrisy: the courts found the defendants not guilty by reason of insanity and then relied on psychiatry to confine them for the rest of their lives. But legal reforms and changes in psychiatric practice during the past 20 years have made it more difficult to confine such persons, and thus the insanity defense has real meaning for the first time. The author believes that despite the loss of protection to society, there are important legal and moral barriers to abolishing the insanity defense.
Alan A. Stone, Psychiatric Abuse and Legal Reform: Two Ways to Make a Bad Situation Worse, 5 Int'l J.L. & Psychiatry 9 (1982).
Categories:
Government & Politics
,
Health Care
Sub-Categories:
Courts
,
Judges & Jurisprudence
,
Psychology & Psychiatry
,
Medical Jurisprudence
,
Health Law & Policy
Type: Article
Alan A. Stone, Book Review, 95 Harv. L. Rev. 346 (1981) (reviewing H. N. Hirsch, The Enigma of Felix Frankfurter (1981)).
Categories:
Legal Profession
,
Government & Politics
Sub-Categories:
Supreme Court of the United States
,
Judges & Jurisprudence
,
Biography & Tribute
Type: Article
Alan A. Stone, The Right to Refuse Treatment: Why Psychiatrists Should and Can Make It Work, 38 Archives Gen. Psychiatry 358 (1981).
Categories:
Health Care
,
Government & Politics
Sub-Categories:
Supreme Court of the United States
,
Psychology & Psychiatry
,
Health Law & Policy
Type: Article
Abstract
There is a right to refuse treatment and this right already exists in the legal doctrine of informed consent. The basic legal justification for overcoming this right is the incompetence of the patient. Incompetence is also the central consideration in overcoming any constitutional right to refuse treatment. The constitutional theories of the right to refuse treatment are briefly presented and their implementation in different recent decisions is considered. A distinction is made between the requirement of proving incompetency and the requirement of appointing a neutral party as arbiter for incompetent patients. A recent constitutional ruling that recognizes this distinction and permits psychiatrists rather than neutral arbiters to make treatment decisions for patients is discussed as a model that should be acceptable to psychiatry.
Alan A. Stone, Presidential Address: Conceptual Ambiguity and Morality in Modern Psychiatry, 137 Am. J. Psychiatry 887 (1980).
Categories:
Health Care
,
Discrimination & Civil Rights
Sub-Categories:
Discrimination
,
Race & Ethnicity
,
Gender & Sexuality
,
LGBTQ Rights Law
,
Psychology & Psychiatry
Type: Article
Alan A. Stone, Letter to the Editor, Death with Dignity, 302 New Eng. J. Med. 125 (1980).
Categories:
Legal Profession
,
Health Care
Sub-Categories:
Psychology & Psychiatry
,
Legal Ethics
Type: Article
Alan A. Stone, Letter to the Editor, Psychiatry and Race in South-Africa, 314 Lancet 530 (1979).
Categories:
Discrimination & Civil Rights
,
Health Care
,
International, Foreign & Comparative Law
Sub-Categories:
Race & Ethnicity
,
Psychology & Psychiatry
,
Foreign Law
Type: Article
Alan A. Stone, Response to the Presidential Address: The Future of Psychiatry as a Scientific and Humanitarian Discipline in a Changing World, 136 Am. J. Psychiatry 1020 (1979).
Categories:
Health Care
Sub-Categories:
Psychology & Psychiatry
Type: Article
Alan A. Stone, Jack Weinberg, M.D., One Hundred and Sixth President, 1977-1978, 135 Am. J. Psychiatry 904 (1978).
Categories:
Legal Profession
,
Health Care
Sub-Categories:
Psychology & Psychiatry
,
Biography & Tribute
Type: Article
Alan A. Stone, Recent Mental Health Litigation: a Critical Perspective, 134 Am. J. Psychiatry 273 (1977).
Categories:
Criminal Law & Procedure
,
Government & Politics
,
Health Care
Sub-Categories:
Criminal Defense
,
Criminal Justice & Law Enforcement
,
Congress & Legislation
,
Psychology & Psychiatry
Type: Article
Abstract
The author considers the effect of recent mental health litigation involving involuntary confinement, the right to refuse treatment, the least restrictive alternative, and the right to treatment on the role of the psychiatrist and the provision of mental health care. His thesis is that the implicit analogies between psychiatrists and agents of the criminal justice system and between patients and criminal defendants are misleading and that the recent changes in the law based on these analogies adversely affect the provision of mental health care.
Alan A. Stone, Book Review, 22 Contemp. Psychol. 37 (1977) (reviewing Research and the Psychiatric Patient: Proceedings of the Eighth Annual Symposium, Oct. 16-18, 1974, Joseph C. Schoolar & Charles M. Gaitz eds., 1975).
Categories:
Health Care
Sub-Categories:
Psychology & Psychiatry
Type: Article
Alan A. Stone, The Tarasoff Decisions: Suing Psychotherapists to Safeguard Society, 90 Harv. L. Rev. 358 (1976).
Categories:
Health Care
,
Civil Practice & Procedure
,
Government & Politics
Sub-Categories:
Torts
,
Judges & Jurisprudence
,
Psychology & Psychiatry
Type: Article
Abstract
In this comment on the decisions of the California Supreme Court in Tarasoff v. Regents of the University of California, Dr. Stone argues that if society wishes to introduce greater safeguards into involuntary civil commitment procedures, it must be willing to accept an increased risk from those of the mentally disturbed who are potentially violent. Although there are circumstances in which it will be appropriate for the psychotherapist to warn the police of danger posed by his patient, it is counterproductive to impose upon psychotherapists a duty to provide additional or alternative protection by warning potential victims. Such a duty, he explains, is incompatible with an effective therapeutic relationship and would deter both patients and therapists from undertaking treatment, thereby further increasing the risk of violence to which society is exposed.
Alan A. Stone, The Legal Implications of Sexual Activity Between Psychiatrist and Patient, 133 Am. J. Psychiatry 1138 (1976).
Categories:
Health Care
,
Criminal Law & Procedure
Sub-Categories:
Criminal Justice & Law Enforcement
,
Psychology & Psychiatry
Type: Article
Abstract
The author examines the legal and professional sanctions against sex between therapist and patient. The relevant literature of criminal law suggests that charges of rape or related sexual offenses against psychotherapists who exploit their patients are a remote possibility. Although sexual activity between therapist and patient may form the basis of a malpractice claim, the existing case law is complicated, and the legal distinctions are not always consistent with good psychiatric practice. Professional associations lack the legal expertise and indemnification to act in these situations, but medical boards in some states have the power to revoke licenses. In the end, patients must depend on the decent moral character of their therapists.
Alan A. Stone, Hanging the Psychiatrists, 62 A.B.A. J. 773 (1976).
Categories:
Health Care
,
Criminal Law & Procedure
,
Legal Profession
Sub-Categories:
Criminal Justice & Law Enforcement
,
Psychology & Psychiatry
,
Legal Reform
Type: Article
Alan A. Stone, Comment, Is Dangerousness an Issue for Physicians in Emergency Commitment?, 132 Am. J. Psychiatry 829 (1975).
Categories:
Health Care
,
Legal Profession
Sub-Categories:
Psychology & Psychiatry
,
Legal Reform
Type: Article
Alan A. Stone, Overview: the Right to Treatment--Comments on the Law and its Impact, 132 Am. J. Psychiatry 1125 (1975).
Categories:
Government & Politics
,
Health Care
,
Legal Profession
Sub-Categories:
Courts
,
Judges & Jurisprudence
,
Psychology & Psychiatry
,
Medical Jurisprudence
,
Health Law & Policy
,
Legal History
Type: Article
Abstract
The constitutional right to treatment has now become an accepted premise of litigation in the United States. It lacks only the imprimatur of the Supreme Court. The author presents a brief description of the history of right to treatment cases and comments on the problems and possibilities the law holds for psychiatry. He warns that psychiatric institutions must be aware of the costs and benefits of such litigation and must obtain skilled legal counsel to advise them of their rights and obligations. He calls on psychiatry as a profession to participate in right to treatment litigation and to attempt to shape legal standards so that future generations of psychiatrists can provide appropriate care to patients.
Alan A. Stone, Book Review, 132 Am. J. Psychiatry 88 (1975) (reviewing Ralph Slovenko, Psychiatry and Law (1973)).
Categories:
Health Care
,
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Courts
,
State & Local Government
,
Psychology & Psychiatry
Type: Article
The Abnormal Personality Through Literature (Alan A. Stone & Sue Smart Stone eds., Prentice-Hall 1966).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Mind Sciences
,
Law & Humanities
Type: Book

Langdell Library 318

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Assistant: Maura Kelley / 617-495-4642