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Shuman, Daniel W.

M. D. Anderson Foundation Endowed Professor of Health Law

Tel: 214-768-2577
Fax:
Email: dshuman@mail.smu.edu
Homepage: http://faculty.smu.edu/dshuman/

Bio

Daniel Shuman is the M.D. Anderson Foundation Endowed Professor of Health Law at Southern Methodist University School of Law, an adjunct Professor of Psychiatry at the University of Texas, Southwestern Medical School, and an Adjunct Professor of Psychology at the University of North Texas. He is the author of Psychiatric and Psychological Evidence (1986) (winner of the 1988 American Psychiatric Association Manfred S. Guttmacher Award) and (2nd ed 1994, 3rd ed 2005); Justice and the Prosecution of Old Crimes: Balancing Legal, Psychological, and Moral Considerations (2000) (with McCall Smith); Conducting Insanity Defense Evaluations (2nd ed 2000) (with Rogers); Law, Mental Health, and Mental Disorder (with Sales 1996); Law and Mental Health Professionals: Texas (1990) and (2nd ed 1997, 3rd ed 2004); Doing Legal Research: A Guide for Social Scientists and Mental Health Professionals (1996) (with Morris and Sales); The Psychotherapist Patient Privilege (with Weiner 1987); and Predicting the Past: The Retrospective Assessment of Mental States in Civil and Criminal Litigation (American Psychiatric Association Press, Inc. 2002) (with Robert Simon)  -- and more than sixty articles and book chapters. He is member of the American Law Institute and former chair of the Association of American Law Schools sections on Law and Mental Disability, and Law and Medicine. Prior to joining the Faculty of the SMU School of Law he served as an Assistant Attorney General for the State of Arizona and a Legal Services attorney in Tucson, Arizona.

Primary Articles

SCIENCE, LAW AND MENTAL HEALTH POLICY, 29 Ohio Northern Law Review 587 (2004).

 

Books

LAW AND MENTAL HEALTH PROFESSIONALS: TEXAS (3d ed. American Psychological Association Press 2004).

LAW AND THE MENTAL HEALTH PROFESSIONALS: TEXAS (American Psychological Association, 2d ed. 1997).

PSYCHIATRIC AND PSYCHOLOGICAL EVIDENCE (2d ed. West Publishing 1994) (with annual updates, 1995-2004).

PREDICTING THE PAST: THE RETROSPECTIVE ASSESSMENT OF MENTAL STATES IN CIVIL AND CRIMINAL LITIGATION (American Psychiatric Association Press, Inc. 2002) (with Simon).

JUSTICE AND THE PROSECUTION OF OLD CRIMES: BALANCING LEGAL, PSYCHOLOGICAL, AND MORAL CONSIDERATIONS (American Psychological Association 2000) (with McCall Smith).

CONDUCTING INSANITY DEFENSE EVALUATIONS (Guilford 2000, 2nd edition) (with Rogers).

 

Speeches/Presentations

Moderator and speaker, “Expert Witnesses and the Abuse of Discretion Standard,” Appellate Judges Education Program, Dallas, Texas, November 13, 2004.

Speaker, “Law, Psychology, Public Policy, and the Guilty but Mentally Ill Verdict,” Mental Health Association of Greater Dallas and the League of Women Voters, July 15, 2004.

Keynote address, “Therapeutic Jurisprudence - The Tension Between Law and Psychology,” Colorado Interdisciplinary Conference, Vail, Colorado, May 2004.

“Patients, Therapists, and Confidentiality,” The Reunion Institute (Salesmanship Club Youth & Family Centers, Inc.), Dallas, Texas, January 2004.

“Avoiding Malpractice,” The Reunion Institute (Salesmanship Club Youth & Family Centers, Inc.), Dallas, Texas, October 2003.

“Ethical Considerations and Challenges Implementing Therapeutic Jurisprudence in High Conflict Divorces,” Association of Family and Conciliation Courts, Irving, Texas, October 2003.

“The American Law Institute’s Restatement of the Principles of the Law of Family Dissolution, Daubert, and Expert Testimony,” American Academy of Psychiatry and Law, San Antonio, Texas, October 2003.

“Relevance and Reliability of Psychiatric Evidence About Impulsivity and Aggression,” American Academy of Psychiatry and Law, San Antonio, Texas, October 2003.

“The Expertise of Clinicians under Daubert: From Mass Torts to Valuations,” Federal Judicial Center Program for Bankruptcy Judges, Dedman School of Law, SMU, September 2003.

“Justice and the Prosecution of Old Crimes: The Case of Maurice Papon,” European/American Association of Psychology and Law, Edinburgh, Scotland, July 2003.

“New Trends in Litigation of PTSD and the Impact of Daubert on Admissibility of Psychological Evidence,” ABA Teleconference: Litigating Posttraumatic Stress Disorder, April 2003.

“Science, Law, and Mental Health Policy,” Ohio Northern University 26th Annual Law Review Symposium, Ada, OH, March 2003.

“Science, Psychological Tests, and Clinical Judgement in Custody Decisions,” American Psychology Law Society, Scottsdale, Arizona, March 2003.

 

Other

UNMASKING FORENSIC DIAGNOSIS, 27 International Journal of Law and Psychiatry 1 (2004) (with Greenburg and Meyers).

INTRODUCTION TO THE LEGAL SYSTEM FORENSIC, Psychiatry for the Clinician: Guidelines for Assessment (American Psychiatric Association Press 2004).

LEGAL BOUNDARIES ON CONCEPTIONS OF PRIVACY: SEEKING A THERAPEUTIC ACCORD, in Confidentiality: Psychoanalysis, Ethics and the Law (Analytic Press 2003).

THE EXPERT, THE ADVERSARY SYSTEM, AND THE VOICE OF REASON: RECONCILING OBJECTIVITY AND ADVOCACY (with Greenberg), 34 Professional Psychology: Research and Practice 219 (2003).

INTERSTATE FORENSIC PSYCHOLOGY CONSULTATIONS: A CALL FOR REFORM AND PROPOSAL OF A MODEL RULE (with Cunningham, Connell, and Reid), 34 Professional Psychology: Research and Practice 233 (2003).

A COMMENTARY ON THE CHRISTOPHER CIOCCHETTI, THE RESPONSIBILITY OF THE PSYCHOPATHIC OFFENDER, 10 Philosophy, Psychiatry, and Psychology 193 (2003).

PERSISTENT REEXPERIENCES IN PSYCHIATRY AND LAW: CURRENT AND FUTURE TRENDS, in Posttraumatic Stress Disorder Litigation, in Posttraumatic Street Disorder in Litigation (American Psychiatric Press, Inc. 2nd Edition 2002).

TROXEL V. GRANVILLE AND THE LIMITS OF THE THERAPEUTIC STATE, 41 Family Court Review 67 (2003).

THE ROLE OF MENTAL HEALTH EXPERTS IN CUSTODY DECISIONS: SCIENCE, PSYCHOLOGICAL TESTS, AND CLINICAL JUDGMENT, 36 Family Law Quarterly 135 (2002).

SOFTENED SCIENCE IN THE COURTROOM: FORENSIC IMPLILCATIONS OF A VALUE-LADEN CLASSIFICATION, in Descriptions and Prescriptions: Values, Mental Disorders, and the DSM’s (Johns Hopkins University Press 2002).

DAUBERT’S WAGER, 1 (3) Journal of Forensic Psychology and Practice 69 (2001) (with Sales).

ARE COURT-APPOINTED EXPERTS THE SOLUTION TO THE PROBLEMS OF EXPERT TESTIMONY: A PILOT STUDY, 84 Judicature 178 (2001) (with Champagne, et al).

EXPERTISE IN LAW, MEDICINE, AND HEALTH CARE, 26 Journal of Health Policy and Law 267 (2001).

WHEN TIME DOES NOT HEAL: UNDERSTANDING THE IMPORTANCE OF AVOIDING UNNECESSARY DELAY IN THE RESOLUTION OF TORT CASES, 6 Psychology, Public Policy, and Law 880 (2000).

THE ROLE OF APOLOGY IN TORT LAW, 83 Judicature 180 (2000) (reprinted in 423 Current 9 (2000)).

GETTING IT RIGHT: THE TRIAL OF SEXUAL ASSAULT AND CHILD MOLESTATION CASES UNDER FEDERAL RULES OF EVIDENCE, 413-415, 18 Behavior Sciences and Law 169 (2000) (with Eads and DeLipsey).

THE “MENTAL STATUS AT THE TIME OF THE OFFENSE” MEASURE: ITS VALIDATION AND ADMISSIBILITY UNDER DAUBERT, 28 Journal of the American Academy of Psychiatry and Law 23 (2000) (with Rogers).

DAUBERT AND BEHAVIORAL AND SOCIAL SCIENCE EVIDENCE: ONE CASE BUT MANY MEANINGS, 5 Psychology Public Policy and Law 3 (1999) (with Sales).

JAFFEE V. REDMOND’S IMPACT: LIFE AFTER THE SUPREME COURT’S RECOGNITION OF A PSYCHOTHERAPIST - PATIENT PRIVILEGE, 30 Professional Psychology: Research & Practice 479 (1999) (with Foote).

CONDUCTING FORENSIC EXAMINATIONS ON THE ROAD: ARE YOU PRACTICING YOUR PROFESSION WITHOUT A LICENSE?, 27 Journal American Academy of Psychiatry and Law 75 (1999) (with Simon).

AN IMMODEST PROPOSAL: SHOULD TREATING MENTAL HEALTH PROFESSIONALS BE BARRED FROM TESTIFYING ABOUT THEIR PATIENTS?, 16 Behavioral Sciences and Law 509 (1998) (with Greenberg, Heilbrun, and Foote).

THE ADMISSIBILITY OF EXPERT TESTIMONY BASED ON CLINICAL JUDGMENT AND SCIENTIFIC RESEARCH, 4 Psychology, Public Policy, and Law 1226 (1998) (with Sales).

LEGAL ISSUES IN THE FORENSIC ASSESSMENT OF TRAUMATIZED YOUTH, (with Daniel J. Madden) in Posttraumatic Stress Disorder: A Comprehensive Approach to Research and Treatment (Allyn and Bacon) (Saigh & Bremner eds. 1998).

JUROR PERCEPTION OF EXPERTS IN CIVIL DISPUTES: THE ROLE OF RACE AND GENDER, 22 Law and Psychology Review 179 (1998) (with Memon).

THE ROLE OF ETHICAL NORMS IN THE ADMISSIBILITY OF EXPERT TESTIMONY, 37 Judges Journal 4 (1998) (with Greenberg).

WHAT SHOULD WE PERMIT MENTAL HEALTH PROFESSIONALS TO SAY ABOUT “THE BEST INTERESTS OF THE CHILD”?: AN ESSAY ON COMMON SENSE, DAUBERT, AND THE RULES OF EVIDENCE, 31 Family Law Quarterly 570 (1997).

REMOVING THE PEOPLE FROM THE LEGAL PROCESS: THE RHETORIC AND RESEARCH ON JUDICIAL SELECTION AND JURIES, 3 Psychology, Public Policy and Law 242 (1997) (with Champagne).

THE ROLE OF LEGAL RULES IN RECOLLECTIONS OF TRAUMA: AN OVERVIEW AND INTRODUCTION TO THE LEGAL PANEL; AND, FRAMING THE QUESTION OF THE ADMISSIBILITY OF EXPERT TESTIMONY ABOUT RECOLLECTIONS OF TRAUMA IN THE UNITED STATES, in Recollections of Trauma: Scientific Evidence and Clinical Practice (Plenum) (Read & Lindsay eds 1997).

CIVIL LIABILITY ISSUES ARISING OUT OF SLEEP DEPRIVATION AND SLEEP DISORDERS in Forensic Aspects of Sleep, [Wiley] (Shapiro and McCall Smith eds 1997).

IRRECONCILABLE CONFLICT BETWEEN THERAPEUTIC AND FORENSIC ROLES, 28 Professional Psychology: Research and Practice 50 (1997) (with Greenberg) (reprinted in ETHICAL CONFLICTS IN PSYCHOLOGY, Bersoff ed.).

THE STANDARD OF CARE IN MEDICAL MALPRACTICE CLAIMS, CLINICAL PRACTICE GUIDELINES, AND MANAGED CARE: TOWARDS A THERAPEUTIC HARMONY, 34 Case Western Law Review 99 (1997).

 



Curriculum Vitae

 

Education

B.S., 1969, University of Arizona
J.D., 1972, University of Arizona