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Publication Title

Washington University Law Quarterly

Abstract

In Jaffee v. Redmond, the United States Supreme Court recognized a psychotherapist-patient privilege in federal common law. The Court, however, failed to define the parameters of the privilege and left the refinement of the common-law definition for the lower federal courts to make on a case-by-case basis. This Article addresses the issues courts will encounter as they develop the psychotherapist-patient privilege. After reviewing existing approaches, this Article suggests the course courts should follow as they construe the federal common-law privilege.

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