Document Type

Article

Publication Title

Creighton Law Review

Publication Date

1997

Page Number

319

Keywords

social workers; confidential communications; evidence

Disciplines

Evidence | Law | Law and Society

Abstract

Part I of this Article reviews the Jaffee decision.' Part II discusses the meaning of the Supreme Court's opinion, focusing on the Court's analysis of the important interests at stake in recognizing the asserted testimonial privilege. In Part II, this Article argues that the Court followed the intent of Congress in crafting a psychotherapist- patient privilege. Furthermore, the extension of the privilege to cover confidential communications made to social workers indicates that there is room for further development of the privilege. In Part III, the Article argues that Jaffee provides the foundation for recognition of a counselor-battered woman privilege in federal court.

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