Faculty - University of Virginia School of Law

CONTACT
th4n@virginia.edu
(434) 924-3187
Room WB344

ASSISTANT
Valerie Listorti

SUBJECTS
Health law (particularly bioethics and the law, end-of-life decision making, and medical malpractice), mental health law, public health law (particularly HIV/AIDS-related issues), psychiatry and criminal law (adults and juveniles), law and forensic evaluations, juror stress and other jury issues, elder abuse (particularly financial exploitation), child abuse, domestic violence

C.V.

Thomas L. Hafemeister

Associate Professor, General Faculty;
Associate Professor of Medical Education, Department of Psychiatry and Neurobehavioral Sciences, School of Medicine
J.D., University of Nebraska, 1982
Ph.D., University of Nebraska, 1988

Thomas Hafemeister is an associate professor at the Law School and an associate professor of medical education in the School of Medicine's Department of Psychiatry and Neurobehavioral Sciences. At the Law School, he teaches Medical Malpractice and Health Care Quality, Bioethics and the Law, Mental Health Law, and Psychiatry and Criminal Law. His recent scholarship has focused on health law (including articles on physician disclosures of emergent medical risks, the influence of direct-to-consumer advertising and Internet-based health information on medical decision-making, and the effect of the pharmaceutical industry supplying gifts to physicians), mental health law, particularly within the criminal justice system (including an article on the impact of the wars in Iraq and Afghanistan on the use of the insanity defense), public health law, elder abuse (including financial abuse of the elderly), child abuse and domestic violence. His is also a co-editor of HealthLawProf Blog, which provides health law resources, information and news to the academic community.

He previously served as director of legal studies at UVA's Institute of Law, Psychiatry and Public Policy, where he provided training programs and consultations to mental health practitioners regarding the law underlying the forensic evaluation process. In recent years, Hafemeister has collaborated with several students on articles that have been published in a wide range of law reviews. He also publishes Developments in Mental Health Law (DMHL), which publishes student papers.

Hafemeister received his J.D. with distinction from the University of Nebraska Law School in 1982 and his Ph.D. in social psychology in 1988 from the University of Nebraska joint J.D./Ph.D. degree program. After graduating from law school, he worked as assistant counsel in the Litigation Division of New York’s Counsel's Office for the Office of Mental Health. Subsequently he became a senior staff attorney/research associate in the Research Division of the National Center for State Courts and was a member of its Institute on Mental Disability and the Law. During this time, he was also an adjunct professor at the Marshall-Wythe School of Law at the College of William & Mary, where he taught a mental health law seminar and Legal Skills. He was then for two years a research associate professor at the University of Nebraska, where he taught and conducted research on public health law and the public health system, and for two years was a visiting assistant professor of law at the Chicago-Kent College of Law, where he taught courses on health law and medical malpractice. Prior to joining the institute, he was the managing editor for the American Health Lawyers Association.

Publications

Book Chapters/Multi-Author Works:

Financial Abuse of Elderly People vs. Other Forms of Elder Abuse: Assessing Their Dynamics, Risk Factors, and Society's Response: Final Report (with Shelly L. Jackson) (National Institute of Justice, 2010).

"The Effectiveness of Sanctions and Law Enforcement Practices Targeted at Underage Drinking That Do Not Involve the Operation of a Motor Vehicle" (with Shelly L. Jackson) in Richard J. Bonnie & Mary Ellen O’Connell, eds., Reducing Underage Drinking: A Collective Responsibility 490 (Committee on Developing a Strategy to Prevent and Reduce Underage Drinking, National Research Council & Institute of Medicine of the National Academies, 2004).

"Financial Abuse of the Elderly in Domestic Settings," in Richard J. Bonnie & Robert B. Wallace, eds.,Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America 382 (Panel to Review Risk and Prevalence of Elder Abuse and Neglect, National Research Council of the National Academies, 2003).

"Administrative Concerns Associated with the Treatment of Offenders with Mental Illness" (with Susan R. Hall, & Joel A. Dvoskin), in Jose B. Ashford, Bruce D. Sales, & William Reid, eds., Treating Adult and Juvenile Offenders With Special Needs 419 (American Psychological Association, 2001).

"Legal Aspects of the Treatment of Offenders with Mental Disorders," in Robert M. Wettstein ed., Treatment of Offenders with Mental Disorders 44 (Guilford Press,1998).

"Resolving Disputes Over Life-Sustaining Treatment: A Health Care Provider’s Guide" (with Paula L. Hannaford and the Greenwall Coordinating Council) (1996) (available from author or National Center for State Courts).

"Legal Issues," in Judah L. Ronch et al. eds.,The Counseling Sourcebook: A Practical Reference on Contemporary Issues 186 (1994).

National Probate Court Standard (principal author, project director), Commission on National Probate Court Standards, (1993) (available from the National Center for State Courts).

Coordinating Council on Life-Sustaining Medical Treatment Decision Making by the Courts, Guidelines for State Court Decision Making in Life-Sustaining Medical Treatment Cases (principal author, project director), (West, rev. 2d ed. 1993).

Coordinating Council on Life-Sustaining Medical Treatment Decision Making by the Courts, Guidelines for State Court Decision Making in Life-Sustaining Medical Treatment Cases (principal author, project director), (2d ed. 1992) (available from the National Center for State Courts).

"Helping the Courts Decide: Life-Sustaining Medical Treatment Project of the National Center for State Courts," in Margot L. White ed., Life and Death Decisions: State Jurisprudence after Cruzan and Webster 67 (1992).

An Evaluation of the Court Psychiatric Clinic of the Philadelphia Court of Common Pleas (with Ingo Keilitz & Patricia Wall), (1992) (available from the National Center for State Courts).

Coordinating Council on Life-Sustaining Medical Treatment Decision Making by the Courts, Guidelines for State Court Decision Making in Authorizing or Withholding Life-Sustaining Medical Treatment (principal author, project director), (1st ed. 1991) (available from the National Center for State Courts).

"Behavioral Expertise in Jury Selection" (with Bruce D. Sales & David Suggs), in David N. Weisstub ed., Law and Mental Health: International Perspectives 123 (Elsevier Science,1984).

"Law and Psychology" (with Bruce D. Sales), in Elizabeth M. Altmaier & Merle E. Meyer eds.,Applied Specialties in Psychology 331 (1985).

"The Impact of Social Science Research on the Judiciary" (with Gary B. Melton), in Gary B. Melton ed., Reforming the Law: Impact of Child Development Research 27 (1987).

Articles:

"Don’t Let Go of the Rope: Recognizing Hospitals’ Fiduciary Duties to Their Discharged Patients" (with Joshua Hinckley Porter) 62 J Am. U. L. Rev. (forthcoming 2013).
SSRN

"Parity at a Price: The Emerging Professional Liability of Mental Health Providers" (with Leah Gail McLaughlin and Jessica Smith), San Diego L. Rev. (forthcoming).
SSRN

"APS Investigation Across Four Types of Elder Maltreatment" (with Shelly L. Jackson), J. Adult Protection (forthcoming 2011).

“The Health Care Reform Act of 2010 and Medical Malpractice Liability: Worlds in Collision or Ships Passing in the Night?” (with Joshua Hinckley Porter), 64 SMU L. Rev. 735 (2011).
HeinOnline (PDF)

“If All You Have Is a Hammer: Society’s Ineffective Response to Intimate Partner Violence,” 60 Cath. U. L. Rev. 919 (2011).
HeinOnline (PDF)

“Risk Factors Associated with Elder Abuse: The Importance of Differentiating by Type of Elder Mistreatment” (with Shelly L. Jackson), 26 Violence & Victims 738 (2011).

"Castles Made of Sand? Rediscovering Child Abuse and Society’s Response," 36 Ohio North U. L. Rev. 819 (2010).
SSRN | HeinOnline (PDF)

"Last Stand? The Criminal Responsibility of War Veterans Returning from Iraq and Afghanistan with Posttraumatic Stress Disorder" (with Nicole A. Stockey), 85 Ind. L.J. 87 (2010).
SSRN | HeinOnline (PDF)

"Lean on Me: A Physician’s Fiduciary Duty to Disclose an Emergent Medical Risk to the Patient," (with Selina Spinos), 86 Wash. U. L. Rev. 1167 (2009).
SSRN | HeinOnline (PDF)

"The Fiduciary Obligation of Physicians to 'Just Say No' if an 'Informed' Patient Demands Services That Are Not Medically Indicated" (with Richard M. Gulbrandsen, Jr.), 39 Seton Hall L. Rev. 335 (2009).
SSRN | HeinOnline (PDF)

"Beware Those Bearing Gifts: Physicians’ Fiduciary Duty to Avoid Pharmaceutical Marketing" (with Sarah P. Bryan), 57 Kan. U. L. Rev. 491 (2009).
SSRN | HeinOnline (PDF)

"Detained Juvenile Offenders with Substance Abuse Treatment Needs: An Examination of Associated Legal Issues" (with Lisa M. Dennis), 1 J. Health & Biomedical L. 49 (2004).
HeinOnline (PDF)

"Parameters and Implementation of a Right to Mental Health Treatment for Juvenile Offenders," 12 Va. J. Soc. Pol’y & L. 61 (2004).
SSRN Abstract | HeinOnline (PDF)

"Questions Surrounding Jury Selection: When Should Parties Have to Justify Their Use of Peremptory Challenges If They Appear to Be Based on Group Stereotypes?" 35(3) APA Monitor on Psychol. 60 (2004).

"Restorative Justice, Therapeutic Jurisprudence, and Mental Health Courts: Finding a Better Means to Respond to Offenders with a Mental Disorder" (with Sharon G. Garner), 22(2) Developments Mental Health L. 1 (2003).
HeinOnline (PDF)

"Deterrent Effects of Lost Driving Privileges: Should Underage Individuals Lose Their Licenses for Drinking Unrelated to Motor-Vehicle Operation?" 34(3) APA Monitor on Psychol. 18 (2003).

"Is Age-Based 'Reverse Discrimination' Acceptable in the Workplace?" 34(8) APA Monitor on Psychol. 66 (2003).

"Can Candidates for Judicial Election Be Banned from Announcing Their Views on Disputed Issues?" 33(3) APA Monitor on Psychol. 18 (2002).

"The Constitutionality of Sex Offender Lists on the Web," 33(8) APA Monitor on Psychol. 20 (2002).

"Ninth Circuit Rejects Immunity from Liability for Mental Health Evaluations," 32(2) APA Monitor on Psychol. 16 (2001).

"Sexual Predator Laws: Is an Irresistible Impulse Required to Involuntarily Commit Offenders," 32(8) APA Monitor on Psychol. 18 (2001).

"The Impact of Parental Consent and Notification Policies on the Decisions of Adolescents to Be HIV Tested" (with Shelly Jackson), 29(2) J. Adolescent Health 81 (2001).

"Case Study from a Maryland Hospital: Response from a Lawyer," Fall-Winter 2000 Mid-Atlantic Ethics Committee Newsletter 6 (2000).

"Informed Consent: Must a Clinician Disclose Personal Information?" 31(8) APA Monitor on Psychol. 76 (2000).

"Supreme Court Examines Impact of Errors in Detecting Bias During Jury Selection," 15(2) Violence & Victims 209 (2000).

"Grandparent Visitation: Who Should Decide?" (with Shelly Jackson) 31(2) APA Monitor on Psychol. 81 (2000).

"Book Review--Law in a Therapeutic Key: Developments in Therapeutic Jurisprudence," 17 Behav. Sci. & L. 673 (1999).

"Can Cops Bring Media When They Enter a Home?" 30(2) APA Monitor on Psychol. 49 (1999).

"End-of-Life Decision Making, Therapeutic Jurisprudence, and Preventive Law: Hierarchical v. Consensus-Based Decision Making Model," 41(2) Ariz. L. Rev. 329 (1999).
SSRN Abstract | HeinOnline (PDF)

"Supreme Court to Examine Errors in Discerning Juror Bias," 30(8) APA Monitor on Psychol. 42 (1999).

"Supreme Court to Hear First ADA and HIV Case," 29(3) APA Monitor on Psychol. 50 (1998).

"Supreme Court to Review Anti-Gang Law Ordinance," 29(8) APA Monitor on Psychol. 63 (1998).

"Juror Stress," 1 Neb. Lawyer 6 (May 1997), reprinted at 41-March Advocate (Idaho State Bar) 14 (1998).

"When One Partner Is HIV Seropositive," 28(11) APA Monitor on Psychol. 42 (1997).

"Should Suicide Be Legalized? The Supreme Court Considers Whether to Permit Physician-Assisted Suicide [Judicial Notebook]," 28(2) APA Monitor on Psychol. 22 (1997).

"Protecting Child Witnesses: Judicial Efforts to Minimize Trauma and Reduce Evidentiary Barriers," 11(1) Violence & Victims 71 (1996).

"Methodological Advances in the Use of Recidivism Rates to Assess Mental Health Treatment Programs" (with Steven M. Banks) 23(2) J. Mental Health Admin. 190 (1996).

"National Probate Court Standards," 32(3) Ct. Rev. 6 (1995).

"The Evolution of American Probate Courts and Emerging Standards to Guide Their Progress" (with Paula L. Hannaford) 12(2-3) Prob. L.J. 109 (1995).

"Current Legal Issues in Adoption," 18(1) State Ct. J. 11 (1994).

"The Impact of Health-Related Issues on the Courts," 228 Nat’l Inst. Just. J. 25 (1994).

"Treating the Mentally Disordered Offender: Society’s Uncertain, Conflicted, and Changing Views" (with John P. Petrila) 21(3) Fla. St. U.L. Rev. 729 (1994).
HeinOnline (PDF)

"The Views of the Judiciary Regarding Life-Sustaining Medical Treatment Decisions" (with Donna M. Robinson), 18 Law & Psychol. Rev. 189 (1994).
HeinOnline (PDF)

"Juror Stress: Sources and Implications" (W. Larry Ventis), 30(10) Trial 68 (1994).

"The National Probate Court Standards: The Role of the Courts in Guardianship and Conservatorship Proceedings" (with Paula L. Hannaford), 2(2) Elder L.J. 147 (1994) (reprinted in part in Lawrence A. Frolik, Aging and the Law: An Interdisciplinary Reader 243 (1999)).
HeinOnline (PDF)

"Juror Stress," 8(2) Violence & Victims 177 (1993).

"Toward an Agenda for Reform of Justice and Mental Health Systems Interactions" (with Pamela Casey and Ingo Keilitz) 16(1) Law & Hum. Behav. 107 (1992).

"Comparing Law Reviews for Their Amenability to Articles Addressing Mental Health Issues: How to Disseminate Law-Related Social Science Research," 16(2) Law & Hum. Behav. 219 (1992).

"Guidelines for State Court Decision Making in Life-Sustaining Medical Treatment Cases (I)," 7(4) Issues L. & Med. 443 (1992).
HeinOnline (PDF)

"Guidelines for State Court Decision Making in Life-sustaining Medical Treatment Cases (II)," 16(3) State Ct. J. 4 (1992).

"Civil Commitment for Drug Dependency: The Judicial Response" (with Ali Amirshahi), 26 Loy. L.A. L. Rev. 401 (1992).
HeinOnline (PDF)

"Juror Stress: What Burden Have We Placed on Our Juries?" (with W. Larry Ventis), 16(4) State Ct. J. 35 (1992), reprinted at 56(6) Tex. B.J. 586 (1993).
HeinOnline (PDF)

"The Relationship Between Patient-Staff Ratio and Reported Patient Incidents" (with Bruce B. Way, Jeraldine L. Braff, & Steven M. Banks), 43(4) Hosp. & Community Psychiatry 361 (1992).

"Goals to Guide the Interactions of the Mental Health and Justice Systems," 18(3) J. Mental Health Admin. 178 (1991).

"The Judicial Role in Life-Sustaining Medical Treatment Decisions" (with Ingo Keilitz & Steven M. Banks), 7(1) Issues L. & Med. 53 (1991).
HeinOnline (PDF)

"State Courts and Decisions About Life-Sustaining Treatment [Correspondence]" (with Ingo Keilitz & Steven M. Banks), 324(5) New Eng. J. Med. 343 (1991).

"A Survey of Judges About Life-Sustaining Medical Treatment [Correspondence]" (with Donna M. Robinson), 324(23) New Eng. J. Med. 1673 (1991).

"Electing Judges: Should Judges Be Representatives of the Community? [Judicial Notebook]" (with Mary Thrower), 22(4) APA Monitor on Psychol. 32 (1991).

"Charting the Course Between Life and Death: The Supreme Court Takes Its First Cautious Steps in Cruzan," 10(2) Prob. L.J. 113 (1990).

"Training and Careers in Law and Psychology: The Perspectives of Students and Graduates of Dual Degree Programs" (with James R. Ogloff & Mark A. Small), 8 Behavioral Sci. & Law 263 (1990).

"Decisionmaking in Authorizing and Withholding Life Sustaining Medical Treatment: From Quinlan to Cruzan" (with Ingo Keilitz, et al), 13(5) Mental & Physical Disability L. Rep. 482 (1989).
HeinOnline (PDF)

"The Impact of Social Science Materials on the Judiciary: A Qualitative and Quantitative Analysis," (Dissertation Abstracts International, University Microfilms No. 88-18,622, 1988).

"Interdisciplinary Evaluations for Guardianships and Conservatorships" (with Bruce D. Sales), 8 Law & Hum. Behav. 335 (1984).

"Empiricism and Legal Policy on the Insanity Defense" (with Bruce D. Sales) in Mental Health and Criminal Justice 253 (Linda A. Teplin ed., 1984).

"Responsibilities of Psychologists Under Guardianship and Conservatorship Laws" (with Bruce D. Sales), 13 Prof. Psychology 354 (1982).

Other Publications:

Improving Interactions With the Community Mental Health and Developmental Disabilities System: A Manual For Judges and Criminal Justice Personnel of Illinois (1989) (available from the National Center for State Courts).

Improving Interactions With the Criminal Justice System: A Manual for Community Mental Health/Developmental Disabilities Providers of Illinois (1989) (available from the National Center for State Courts).

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