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1 results

  • 5 - Commentary on Tarasoff v. Regents of University of California

  • from Part II - The Classics
  • Edited by Martha Chamallas, Ohio State University, Lucinda M. Finley, University at Buffalo, State University of New York
  • Book:
    Feminist Judgments: Rewritten Tort Opinions
    Published online:
    28 November 2020
    Print publication:
    10 December 2020, pp 93-118

  • Summary

    Tarasoff v. Regents of University of California is a famous and still controversial decision by the California Supreme Court that held that a campus psychotherapist owed a duty to warn a woman whom his patient had threatened to kill. When the patient carried out his threat, the victim’s family sued the University, claiming that the therapist and campus police failed to exercise reasonable care to protect their daughter. The rewritten feminist opinion goes beyond the original majority opinion and imposes a duty on both the therapist and the campus police. It reveals the full story of the Berkeley student’s stalking and delusional romance with the victim and reframes the case as one of gender violence. Under the feminist judgment, victims of domestic violence would have a right to call on the state for protection against physical harm. The accompanying commentary explains the struggle on the California Supreme Court and the difficulties of holding law enforcement accountable in sexual and domestic violence cases.