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Involuntary Consent

Author: Akiko Takeyama

Publisher: Stanford University Press

Published: 2023-07-11

Total Pages: 331

ISBN-13: 1503633799

The popularity of pornography is predicated on the idea that those participating have given their consent. That is what allows the porn industry to dominate the media economy today, generating staggering sums of money. Looking at behind-the-scenes negotiations and abuses in Japan's adult video industry, author Akiko Takeyama challenges this pervasive notion with the idea of "involuntary consent." This phenomenon, she argues, is ubiquitous, not only in the porn industry, but in our everyday lives. And yet modern society, built on beliefs of autonomy, free choice, and equality, renders it all but invisible. Japan's AV industry alone generates a conservatively estimated $5 billion a year. In recent years, it has drawn public attention, and criticism, because of a series of arrests and trials of former talent agency owners and executives. This led to a report calling for a systematic investigation of the industry over the issue of "forced performance." This report has had ripple effects beyond Japan, as the US Department of State subsequently also cited forced performance as a human rights violation. Using this moment as an entry point, Takeyama argues that contract-making writ large is based on fundamentally dualistic terms, implying consent and pleasure on the one hand, and coercion and pain on the other. Because sex workers are employed on a contract basis, they fall outside of the purview of standard labor and employment laws. As a result, they are frequently pressured to comply with what production companies (mostly run by men) expect and often demand. In this ethnography of Japan's porn industry, Akiko Takeyama investigates the paradox of involuntary consent in modern liberal democratic societies. Taking consent as her starting point, Takeyama illustrates the nuances of contract making and the legal structures, or lack thereof, that govern Japan's adult video and sex entertainment industries.

Strategies for Work With Involuntary Clients

Author: Ronald H. Rooney

Publisher: Columbia University Press

Published: 2009-01-28

Total Pages: 552

ISBN-13: 9780231519519

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Involuntary clients are required to see a professional, such as juveniles on probation, or are pressured to seek help, such as alcoholics threatened with the desertion of a spouse. For close to two decades, Strategies for Work with Involuntary Clients has led in its honest analysis of the involuntary transaction, suggesting the kind of effective legal and ethical intervention that can lead to more cooperative encounters, successful contracts, and less burnout on both sides of the treatment relationship. For this second edition, Ronald H. Rooney has invited experts to address recent theories and provide new information on the best practices for specific populations and settings. He also adds practical examples and questions to each chapter to better facilitate the involvement of students and readers, plus a section on motivational interviewing.

MacArthur Competence Assessment Tool for Treatment (MacCAT-T)

Author: Thomas Grisso

Publisher:

Published: 1998

Total Pages: 0

ISBN-13: 9781568870410

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The MacArthur Competence Assessment Tool for Treatment (MacCAT-T) is the product of an 8-year study of patients' capacities to make treatment decisions. It is a semi-structured interview that assists clinicians in assessing a patient's competence to consent to treatment. The process provides a patient with information about their medical/psychiatric condition, the type of treatment being recommended, its risks and benefits, as well as other possible treatments and their probable consequences. During this process, the MacCAT-T prompts the clinician to ask questions that assess the patient's understanding, appreciation, and reasoning regarding treatment decisions.The MacCAT-T Manual is a large-format, examiner-friendly field manual for conducting actual competency assessments. The MacCAT-T Record Form is well designed for recording, rating, and summarizing patient responses. The training videotape, Administering the MacCAT-T, demonstrates an actual administration of the test with discussion, comments, and annotations by Drs. Grisso and Appelbaum.The book, Assessing Competence to Consent to Treatment, describes the place of competence in the doctrine of informed consent, analyzes the elements of decision making, and shows how assessments of competence to consent to treatment can be conducted within varied general medical and psychiatric treatment settings. Includes numerous case studies.

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Strategies for Work with Involuntary Clients

Author: Ronald H. Rooney

Publisher: Columbia University Press

Published: 2018-05-01

Total Pages: 462

ISBN-13: 0231544286

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Often in their careers, social workers will encounter clients who are either legally required to attend treatment services or are otherwise coerced or pressured into those services. Practitioners in settings from prisons to emergency rooms to nursing homes to child protection agencies will find themselves with involuntary clients. In an update to this classic text, social workers Ronald H. Rooney and Rebecca G. Mirick explore the best ways to work with unwilling clients. While work with involuntary clients is common, it can be challenging, frustrating, and unproductive unless practitioners are well trained for it. This book provides a theoretical framework for understanding the legal, ethical, and practical concerns when working with involuntary clients, offering theory, treatment models, and specific practice strategies influenced by the best available knowledge. Animated by case studies across diverse settings, these resources can be used by practitioners to facilitate collaborative, effective working relationships with involuntary clients.

The Oxford Handbook of Criminal Law

Author: Markus D Dubber

Publisher: OUP Oxford

Published: 2014-11-27

Total Pages: 1294

ISBN-13: 0191654604

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The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Involuntary Detention and Therapeutic Jurisprudence

Author: Kate Diesfeld

Publisher: Routledge

Published: 2018-05-08

Total Pages: 638

ISBN-13: 1351926268

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International developments within the last twenty years have demonstrated controversial shifts in treatment for people with mental illnesses and the care of persons with intellectual disabilities. These shifts have been apparent in an emphasis on deinstitutionalization, increased scrutiny of detention and discharge decisions and, in some countries, in enforced treatment and care in the community. As we become increasingly conscious of the political and moral dimensions of civil commitment, these concerns are reflected in the professional literature, but this does not often enough focus on issues of clinical and legal principle, nor is it in a form which encourages comparative analysis. This collection draws on contributors from the UK, the USA, Australia, the Netherlands, Canada and New Zealand, who share a commitment to evaluating whether the civil detention processes protect the liberty, dignity and justice interests of those with mental illnesses and intellectual disabilities. The book is written from a therapeutic jurisprudence perspective and poses a number of questions with international application, such as: Are more categories of people being detained? Is involuntary detention serving new purposes? Are different forms of detention gaining credence and being more widely utilized? And, are admission decisions and review of detention decisions transparent, consistent, and just?