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Confidentiality and Its Discontents


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Table of Contents

Contents Acknowledgments Introduction 1. We Have Met the Enemy and He (Is) Was Us 2. The Buried Bodies Case: Lawyers Risk Their Careers to Defend Their Ethical Commitment to Client Privacy 3. The Case of Joseph Lifschutz: A Psychoanalyst in Jail 4. "The Angry Act": The Psychoanalyst's Breach of Confidentiality in Philip Roth's Life and Art 5. Angry Acts and Counteracts in Philip Roth's Life and Art 6. The Case of Jane Doe v. Joan Roe and Peter Poe: The Most Extensive Violation Ever of a Psychotherapy Patient's Privacy 7. The Anne Sexton Controversy: "There Is Nothing Like This in the History of Literary Biography" 8. The Tarasoff Case: Must the Protective Privilege End Where the Public Peril Begins? 9. Jaffee v. Redmond: The Supreme Court Speaks 10. The People v. Robert Bierenbaum: "Long-Ago Warnings Cannot Justify Abrogating the Privilege Covering Still Confidential Communications" 11. U. S. v. Sol Wachtler: "This Chief Judge Is Either Crazy or Criminal" Conclusion Works Cited Index

About the Author

Paul Mosher is a psychoanalyst in private practice in Albany, New York, and is a Clinical Professor of Psychiatry at Albany Medical School. He has served as the Chair of the Committee on Confidentiality of the American Psychoanalytic Association. Jeffrey Berman is Distinguished Teaching Professor of English at the University at Albany. He is the author of several books, including, most recently, Death Education in the Writing Classroom and Dying in Character: Memoirs on the End of Life. He is an honorary member of the American Psychoanalytic Association.


"Confidentiality and Its Discontents is an excellent account of confidentiality. It is a must-read for all clinicians, especially those who struggle with this issue as the actors in these stories did." -Journal of the American Psychoanalytic Association "Written by two of the leading individuals in the field, Confidentiality and Its Discontents is a clearly readable and well-argued account of the debates about confidentiality in psychiatry and psychoanalysis. The book is extremely well presented and adds immeasurably to the literature on the topic." -- -Sander Gilman Emory University "Confidentiality and Its Discontents provides careful descriptions and discussions of a range of privacy cases that demonstrate the rapidly-escalating problems associated with the supposed confidentiality of the psychotherapeutic relationship. Confidentiality and Its Discontents will be a useful and unique resource to many mental health training programs." -- -Paul Brinich Clin. Prof. (Emeritus), Depts. of Psychology and Psychiatry, University of North Carolina at Chapel Hill

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