Alan Scheflin

Professor of Law

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Professor Scheflin has been judicially recognized in federal and state courts as an expert on mind and behavior control, suggestion and suggestibility, memory, and hypnosis. He has delivered invited addresses to all of the major professional hypnosis organizations in the United States and in several other countries. He has also addressed many professional mental health and legal organizations, including the American Psychiatric Association, the American Orthopsychiatric Association, and the American Psychological Association. Scheflin has appeared as an expert in court on issues involving the professional responsibility of lawyers and is a very well-known author, having published more than three dozen articles, book chapters, and book reviews on psychological, psychiatric, and other legal issues.

Prior to joining the Santa Clara University School of Law faculty, Professor Scheflin taught in the law school and philosophy department at Georgetown University, and has been a visiting professor at the University of Southern California Law School.

Education

J.D. with honors, George Washington University Law School, 1966

LL.M., Harvard Law School, 1967

M.A. in Counseling Psychology, Santa Clara University, 1987

B.A. with High Honors, University of Virginia, 1963

Areas of Specialization

Law and Psychiatry, Legal Profession, Forensic Persuasion Seminar

Affiliations and Honors

  • Forensic Editor, Cultic Studies Journal
  • Advisory Science Editor, Journal of the American Society of Clinical Hypnosis
  • Guest Co-Editor, Journal of Psychiatry & Law
  • Chair-Elect, the Association of American Law Schools Section on Law & Mental Disability

Bibliography

Books

Law and Mental Disorder with Alexander. Carolina Academic Press (1998) | Link to Library Catalog

Memory, Trauma Treatment, and the Law with Brown and Hammond. W.W. Norton & Company (1998) | Link to Library Catalog

Clinical Hypnosis and Memory: Guidelines for Clinicians and for Forensic Hypnosis with Hammond, Garver, Mutter, Crasilneck, Frischholz, Gravitz, Hibler, Olson, Spiegel, and Wester. American Society of Clinical Hypnosis Press (1995) | Link to Library Catalog

Trance on Trial with Shapiro. Guilford Press (1989) | Link to Library Catalog

L'Homme Programmé: Les Nouvelles Armes des Manipulateurs de Cerveau with Opton. Stanke (1978) (Translated from English by Jacques de Roussan) | Link to Library Catalog

The Mind Manipulators: A Non-Fiction Account with Opton. Paddington Press (1978) | Link to Library Catalog

Cases and Materials on Civil Obligations: Contracts, Torts, and Restitution. Temporary edition. Lerner Law Book Co. (1968) | Link to Library Catalog

Book Chapters

Mercy and Morals: The Ethics of Nullification in Jury Ethics: Juror Conduct and Jury Dynamics. Kleinig and Levine, editors. Paradigm (2006) | Link to Library Catalog

Forensic Uses of Hypnosis in The Handbook of Forensic Psychology. Weiner and Hess, editors. 3rd edition. John Wiley and Sons, Inc. (2006) | Link to Library Catalog

Are Dual Relationships Antitherapeutic? in Dual Relationships and Psychotheraphy. Lazarus and Zur, editors. Springer Publishing Co. (2002) | Link to Library Catalog

Are Dual Relationships Antitherapeutic? in Dual Relationships and Psychotherapy. Lazarus and Zur, editors. Springer Publishing Co. (2002) | Link to Library Catalog

Special Methodologies in Memory Retrieval: Chemical, Hypnotic, and Imagery Procedures with Brown, Firscholz, and Caploe in The Retrospective Assessment of Mental States in Litigation: Predicting the Past. Simon and Shuman, editors. American Psychiatric Press, Inc. (2002) | Link to Library Catalog

Caveat Therapist: Ethical and Legal Dangers in the Use of Ericksonian Techniques in The Handbook of Ericksonian Psychotherapy. Geary and Zeig, editors. Milton H. Erickson Foundation Press (2001) | Link to Library Catalog

Forensic Uses of Hypnosis with Spiegel and Spiegel in Handbook of Forensic Psychology. Hess and Weiner, editors. 2nd edition. John Wiley & Sons (2001) | Link to Library Catalog

Ethics and Hypnosis: A Preliminary Inquiry into Hypnotic Advocacy in Current Thinking and Research in Brief Therapy: Solutions, Strategies, Narratives, vol. 2. Matthews and Edgette, editors. Brunner/Mazel (1998) (An annual publication established by the Milton H. Erickson Foundation.) | Link to Library Catalog

Narrative Truth, Historical Truth and Forensic Truth in The Mental Health Practitioner and the Law: A Comprehensive Handbook. Lifson and Simon, editors. Harvard University Press (1998) | Link to Library Catalog

Ethics and Hypnosis: Unorthodox or Innovative Therapies and the Legal Standard of Care in Current Thinking and Research in Brief Therapy: Solutions, Strategies, Narratives, vol. 1. Matthews and Edgette, editors. Brunner/Mazel (1997) (An annual publication established by the Milton H. Erickson Foundation.) | Link to Library Catalog

Merciful Juries: The Resilience of Jury Nullification with Van Dyke in Courts and Justice: A Reader. Mays and Gregware. Waveland Press (1995) (Originally published at 48 Washington and Lee Law Review 165-183 (1991). Revised and reprinted in 53 Guild Practitioner 71-94 (1996)) | Link to Digital Commons | Link to Library Catalog

Legal Commentary on the Diary in Hung Jury: The Diary of a Menendez Juror. by Thorton. Temple University Press (1995) | Link to Library Catalog

Merciful Juries: The Resilience of Jury Nullification with Van Dyke in Before the Law: An Introduction to the Legal Process. Bonsignore, Katsh, d'Errico, Pipkin, Arons, and Rifkin. 5th edition. Houghton Mifflin Co (1994) (Originally published at 48 Washington and Lee Law Review 165-183 (1991) and revised and reprinted in 53 Guild Practitioner 71-94 (1996) | Link to Digital Commons | Link to Library Catalog

Forensic Hypnosis and the Law: The Current Situation in the United States in Hypnosis and the Law: Principles and Practice. Evans and Stanley, editors. Australian Society of Hypnosis (1994) | Link to Library Catalog

The Use of Medicine and Psychiatry to Commit Human Rights Violations: The Mind Control Experiments in Human Rights in the Twenty-First Century: A Global Challenge. Mahoney and Mahoney, editors. Nijhoff (1993) | Link to Library Catalog

The Power of the Supreme Court in the Age of the Positive State with Miller in The Supreme Court: Myth and Reality. Miller, editor. Greenwood Press (1978) (Originally published as two articles: Part 1, 1967 Duke Law Journal 273-320 (1967) and Part 2, 1967 Duke Law Journal 522-551 (1967)) | Link to Library Catalog

Articles

How Not to Conduct a Forensic Hypnosis Interview: A Case Study, 55 American Journal of Clinical Hypnosis 68-84 (2012)

Maximizing the Usefulness of Hypnosis in Forensic Investigative Settings, with Hibler, 55 American Journal of Clinical Hypnosis 32-55 (2012)

A Comment on an Alleged Association Between Hynosis and Death: Two Remarkable Cases, with Frischholz, 52 American Journal of Clinical Hypnosis 45-67 (2009)

Hypnosis and the Courts: A Study in Judicial Error, 1 Journal of Forensic Psychology Practice 101-111 (2001)

Informed Consent and the Standard of Care in the Practice of Clinical Hypnosis, with Hammond and Vermetten, 43 American Journal of Clinical Hypnosis 305-310 (2001)

The Evolving Standard of Care in the Practice of Trauma and Dissociative Disorder Therapy, 64 Bulletin of the Menninger Clinic 197-234 (2000) | Link to Full Text

The False Litigant Syndrome: "Nobody Would Say That Unless It Was the Truth", with Brown, 27 The Journal of Psychiatry and Law 649-705 (1999) | Link to Digital Commons

Factitious Disorders and Trauma-Related Diagnoses, with Brown, 27 The Journal of Psychiatry and Law 373-422 (1999) | Link to Digital Commons

Iatrogenic Dissociative Identity Disorder--An Evaluation of the Scientific Evidence, with Brown, 27 The Journal of Psychiatry and Law 549-637 (1999)

Significant Dates in the History of Forensic Hypnosis, with Frischholz, 42 American Journal of Clinical Hypnosis 84-103 (1999)

Recovered Memories: The Current Weight of the Evidence in Science and in the Courts, with Brown and Whitfield, 27 The Journal of Psychiatry and Law 5-156 (1999)

From Courtroom to Couch: Working with False/Repressed Memory and Avoiding Lawsuits, with Spiegel, 21 Psychiatric Clinics of North America 847-867 (Dec. 1998)

Risk Management in Treating Child Sexual Abuse and Adult Survivors, 7 Journal of Child Sexual Abuse 111-121 (1998)

False Memory and Buridan's Ass: A Response to Karlin and Orne, 14 Cultic Studies Journal 207-289 (1997)

Commentary on Borawick v. Shay: The Fate of Hypnotically Retrieved Memories, 13 Cultic Studies Journal 26-41 (1996)

Repressed Memory or Dissociative Amnesia: What the Science Says, with Brown, 24 The Journal of Psychiatry and Law 143-188 (1996)

Dissociated or Fabricated? Psychiatric Aspects of Repressed Memory in Criminal and Civil Cases, with Speigel, 42 International Journal of Clinical and Experimental Hypnosis 411-432 (1994) | Link to Full Text

Hypnosis: 1994 and Beyond, 21 Hypnos 196-204 (1994)

Forensic Hypnosis: Unanswered Questions, 22 Australian Journal of Clinical and Experimental Hypnosis 25-37 (1994)

Merciful Juries: The Resilience of Jury Nullification, with Van Dyke, 48 Washington and Lee Law Review 165-183 (1991) (Revised and reprinted in 53 Guild Practitioner 71-94 (1996). Reprinted in Before the Law: An Introduction to the Legal Process, by Bonsignore, Katsh, d'Errico, Pipkin, Arons, and Rifkin. 5th edition. Houghton Mifflin Co. (1994) and Courts and Justice: A Reader, by Mays and Gregware. Waveland Press (1995)) | Link to Digital Commons | Link to Library Catalog | Link to Library Catalog

Freedom of the Mind as an International Human Rights Issue, 3 Human Rights Law Journal 1-64 (1982) | Link to Library Catalog

Jury Nullification: The Contours of a Controversy, with Van Dyke, 43 Law and Contemporary Problems 51-115 (Fall 1980) | Link to Digital Commons

The Duty to Decide, (Symposium: Law and Social Change), 18 Catholic Lawyer 15-36 (1972) | Link to Digital Commons

Jury Nullification: The Right to Say No, 45 Southern California Law Review 168-226 (1972) (Reprinted in condensed form at 11 Judge's Journal 97-99 (1972)) | Link to Digital Commons

The Power of the Supreme Court in the Age of the Positive State: A Preliminary Excursus Part Two: On the Need for Adaptation to Changing Reality, with Miller, 1967 Duke Law Journal 522-551 (1967) (Reprinted with part 1 as a chapter in The Supreme Court: Myth and Reality, by Miller. Greenwood Press (1978)) | Link to Digital Commons | Link to Library Catalog

The Power of the Supreme Court in the Age of the Positive State: A Preliminary Excursus Part One: On Candor and the Court, or, Why Bamboozle the Natives?, with Miller, 1967 Duke Law Journal 273-320 (1967) (Reprinted with part 2 as a chapter in The Supreme Court: Myth and Reality, by Miller. Greenwood Press (1978)) | Link to Digital Commons | Link to Library Catalog

Book Reviews

Psychotherapy and Confidentiality: Testimonial Privileged Communication, Breach of Confidentiality, and Reporting Duties, 39 Santa Clara Law Review 941-951 (1999) | Link to Digital Commons | Link to Library Catalog

Hypnosis, Memory, and Behavior in Criminal Investigation, 40 American Journal of Clinical Hypnosis 247-249 (1998) | Link to Library Catalog

Criminal Detection and the Psychology of Crime; and Interrogation and Confession: Images of the Police-Suspect Dynamic, 38 Santa Clara Law Review 1293-1301 (1998) | Link to Digital Commons | Link to Library Catalog

Forensic Neuropsychology: Conceptual Foundations and Clinical Practice, 48 Psychiatric Services: a Journal of the American Psychiatric Association 1601 (1997) | Link to Library Catalog | Link to Full Text

Hypnosis, Memory, and Behavior in Criminal Investigation, 48 Psychiatric Services 409 (1997) | Link to Library Catalog

The Psychology of Interrogations, Confessions, and Testimony, 36 American Journal of Clinical Hypnosis 226-228 (1994) | Link to Library Catalog

Jury Selection, 31 Santa Clara Law Review 299-306 (1990) | Link to Digital Commons

The Law of Restitution, 19 Santa Clara Law Review 1141-1148 (1979) | Link to Digital Commons | Link to Library Catalog

Jury Selection in Criminal Trials: New Techniques and Concepts; and Jury Woman, 17 Santa Clara Law Review 247-265 (1977) | Link to Digital Commons | Link to Library Catalog | Link to Library Catalog

Cases on Contracts, 56 Georgetown Law Journal 407-415 (1967) | Link to Library Catalog | Link to Full Text

Legal System and Lawyers' Reasonings; Human Law and Human Justice; and Social Dimensions of Law and Justice, with Miller, 16 American University Law Review 359-365 (1967) | Link to Library Catalog | Link to Library Catalog | Link to Library Catalog | Link to Full Text

Other Articles

George Alexander: Visionary and Friend, 20 Santa Clara Law magazine 41 (Fall/winter 2013) | Link to Full Text

Memories of Abuse, 11 Santa Clara Law 36 (Spring 2005)

Memories: True or False? [Discussion of Elizabeth Loftus, "Memory Faults and Fixes"], with Reagan, 19 Issues in Science and Technology 7-10 (2002)

Should Secrets Be Forever?, 1999 Et Al.: The Magazine of Santa Clara University School of Law 35-36 (Summer/Fall 1999)

Point/Counterpoint: Is It Ever Proper for Juries to Ignore or Reinterpret the Law?, 1999 California Bar Journal 14-15 (March 1999) | Link to Full Text

How Should Repressed Memory Cases Be Handled?, (letter), 36 Judges' Journal 72-73 (Summer 1997) | Link to Digital Commons

Nullification in the Nineties, 53 Guild Practitioner 95-96 (1996) | Link to Digital Commons

Lawyer Advertising: California's New Rules, [32] In Brief: Official Publication of the Santa Clara County Bar Association 12-14 (Spring 1995)

The Truth About False Memory, 1994 Et Al.: The Magazine of Santa Clara University School of Law 28-29 (Fall 1994)

Forensic Hypnosis: Unanswered Questions, 22 Australian Journal of Clinical and Experimental Hypnosis 23-24 (1994)

Avoiding Malpractice Liability, 34 American Society of Clinical Hypnosis Newsletter 6 (August 1993)

The Law Revolution and Legal Education, 22 Res Ipsa Loquitur 5-6, 16-17 (Spring 1970)

Currently Teaching:

Spring 2014