Digital Commons Network^™

Mental Health Parity: National And State Perspectives 1999, Bruce Lubotsky Levin, Ardis Hanson, Richard Coe

Ardis Hanson

Mental health parity legislation could substantially reduce the degree to which financial responsibility for the treatment of mental illness is shifted to government, especially state and local government. There is substantial evidence that both mental health and addictions treatment is effective in reducing the utilization and costs of medical services. There appears to be a lack of substantial evidence to discourage Florida from pursuing mental health and substance abuse parity legislation.

Domestic Violence And The Law: An Impassioned Exploration For Family Peace, Sarah M. Buel

SARAH M BUEL

In thinking about the family law practitioner's response to domestic violence issues over the past few decades, it is heartening to note some progress while remaining deeply concerned that many lawyers have yet to embrace even the most basic tenets of victim safety and offender accountability. Domestic violence impacts most lawyers and judges; however, those in the field of family law are positioned to dramatically improve the lives of all parties, if they have learned how to intervene effectively. The continuing violence indicates that we must examine the larger issues: namely, the social, cultural and economic conditions that will facilitate …

Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger

Margo Schlanger

No abstract provided.

Nondiscretionary Concealed Weapons Law: A Case Study Of Statistics, Standards Of Proof, And Public Policy, John Donohue, Ian Ayres

John Donohue

No abstract provided.

Trial And Error, Harry D. Saunders, Joshua G. Genser

Harry D. Saunders

The vagueness of the reasonable doubt standard, and jurors' interpretation of it, creates serious inconsistencies in the criminal justice system that call for creating a more objective standard of proof.

Annual 1999 Academic Affairs Forum: Access To A Quality Education, Ellen N. Junn

Ellen N. Junn

No abstract provided.

Programs Of Assertive Community Treatment (Pact): A Critical Review, Tomi Gomory

Tomi Gomory

Advocates of Programs of Assertive Community Treatment (PACT) make numerous claims for this intensive intervention program, including reduced hospitalization, overall cost, and clinical symptomatology, and increased client satisfaction, and vocational and social functioning. However, a reanalysis of the controlled experimental research finds no empirical support for any of these claims. Instead, there is evidence that the program is both coercive and potentially harmful. The current promotion of PACT appears to be based more on professional enthusiasm for the medical model than upon any benefit to the clients.

Federalism And The Family Reconstructed, Jill Elaine Hasday

Jill Elaine Hasday

No abstract provided.

The Underfunded Death Penalty: Mercy As Discrimination In A Rights Based System Of Justice, Malla Pollack

Malla Pollack

This paper suggests that the relationship between justice and mercy is dependent on the system in which they are operating. [In a rights-based system, one where discrimination is forbidden, mercy is acceptable only when it is a subset of justice. Arbitrary mercy treating like cases in unlike fashion is moral only if individuals have no "right" to equal treatment, i.e., in a duty-based system. This paper begins with moral theory: part I briefly presents other recent philosophical treatments of mercy; part II states a philosophical "Thesis," illustrates it with the leading case of Queen v. Dudley, and explains why Dudley …

Mental Health Parity: 1998 National And State Perspectives, Bruce Lubotsky Levin, Ardis Hanson, Richard Coe, Ann C. Taylor

Ardis Hanson

The federal Mental Health Parity Act of 1996 requires insurers to offer the same benefits for mental disorders and substance abuse as they would for physical disorders, including any annual or lifetime limitations and restrictions placed upon such coverage. To date, twenty states across the nation have enacted parity laws for mental health and/or substance abuse benefits. This report summarizes the essential issues facing the state of Florida in the development of state mental health parity legislation, including an examination of the experiences of other states, a look at potential benefits, and a discussion of the impact of managed care …

Allocating Resources Among Prisons And Social Programs In The Battle Against Crime, John Donohue, Peter Siegleman

John Donohue

No abstract provided.

Black's Theory On The Behavior Of Law Revisited Iii: Law As More Or Less Governmental Social Control, Kam C. Wong

Kam C. Wong

In 1976 Donald Black introduced a scientific social theory on The Behavior of Law. Black defines law as “governmental social control.” In 1997, Wong restated Black’s concept of law as “more or less governmental social conrol.” Law as more or less governmental social control exists when the government endorses private social control activities or otherwise delegates social control powers to private parties. This research used Wong’s restatement of Black’s concept of law to investigate the law enforcement role and functions of the Strike Committee during the Canton-Hong Kong strike (1925-1926). It found that during the Canton-Hong Kong strike the KMT …

Towards A Redefinition Of The Role Of The Court Interpreter, Holly Mikkelson

Holly Mikkelson

Various federal and state statutes in the United States define the role of the court interpreter with clear and unequivocal rules. This definition is based on the underlying principles of the U.S. legal system, which is derived from the Anglo-Saxon common-law tradition. Consequently, the distinctive features of that system, including the jury trial and the concept of adversarial proceedings, make the function of the court interpreter quite different from that of his/her counterparts in other countries. In recent years, the judiciary has made an effort to enhance the public's access to the justice system, but at the same time, the …

Dehumanising The Human Rights, Maurya Vijay Chandra

Maurya Vijay Chandra

Two submissive souls appearing docile to the core--one 14 year old Manoj with his wrist in one of the hand cuffs while another wrist locked up with that of Jawahir, a 30 year old lean and thin man. These unusual mates stepped down from an Auto with a constable. I say mates because they were sharing the load of the iron chain wrapped around in layers. We could not believe ourselves that all this could happen in the heart of the capital, at Deen Dayal Upadhyay Hospital, Delhi.

Rationalisation Of Classification Of Prisoners In Tihar Jail, Maurya Vijay Chandra

Maurya Vijay Chandra

These pourings of the imprisoned poet lay bare the anguish - mental and emotional - that a jail Inmate undergoes. The experience no doubt was of jails of 19th Century, but interestingly the perceptions have not much changed, so much so that we have in the judgement delivered by the Supreme Court on 23-12-1996 (2), on a petition complaining of incarceratory torture and maladministration in jail, observaticns of Justice B.L.Hansaria

From The Desk Of Law Faculty, Delhi University (Right: Which Was Denied), Maurya Vijay Chandra

Maurya Vijay Chandra

"Sir, I have the keys of the shop I .....ork in. Please let me ring up the owner and inform him that he should take the keys from here:' But Narender's repeated plea fell on deaf ears of the policemen in the Civil Lines Police Station. Instead of allowing him his right to contact a friend/relative, so boldly painted in every police station, the police personnel simply denied Narender possessed anything but a 10" knife. The "right" which Narender was denied are painted in white over blue in every Police Station. Now Aren't blue and white both very passive colours? …

Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit

Nancy Levit

It may seem a little odd to suggest that feminist theory has overlooked men. Yet, in several important respects, apart from the role of culprit, men have been largely omitted from feminism. Feminist legal theorists have paid mild attention to the "Can men be feminists?" question but this issue is usually relegated to footnotes. The negative effect gender role stereotypes have on men is typically subsidiary to the main focus of feminist legal literature, which has concentrated on documenting the patterns of subordination of women and on questions of feminist ideology.

The primary purpose of this article is to suggest …

Peace V. Accountability In Bosnia, Anthony D'Amato

Anthony D'Amato

No abstract provided.

Foreward To The Symposium On The Restatement Of Law Governing Lawyers, Judith Maute

Judith L. Maute

No abstract provided.

Comment, Constitutional Law: Penalty Enhancements For Bigoted Beliefs, Jeffrey M. Mcfarland

Jeffrey M McFarland

No abstract provided.

“Sorry, Wrong Number”: Why Media Polls On Gun Control Are So Often Unreliable, David B. Kopel, Gary Mauser

David B Kopel

How scientific are the polls reported in the media on the gun control issue? Without arguing for or against gun controls, this article examines the interviewing and

sampling methods used by media polls and finds that some polls claiming impressive majorities in favor of severe gun controls may not be accurate.

This article was originally published in Political Communication and Persuasion, vol. 9, pp. 69-92 (1992). This web version is a from a reprint (without the tables) in the Journal on Firearms & Public Policy, volume 6, pp. 23-53 (1994). Starred page numbers [*24] indicate the beginning of a new …

Private Detective Agencies And Labour Discipline In The United States, 1855-1946, Robert P. Weiss

Robert P. Weiss

No abstract provided.

Effect Of A Teaching Consultation Process Upon Personal Development In Faculty, Mary Deane Sorcinelli

Mary Deane Sorcinelli

The purpose of this exploratory study was to answer two primary questions: (1) Does the teaching consultation process promote personal growth of instructors as well as change in teaching skills?; (2) In what ways do instructors experience personal growth in their teaching lives as a result of this process?

No Habeas Corpus For The Guilty, Michelle W. Ghetti

Michelle W. Ghetti

This article discusses whether habeas corpus relief should be provided to a defendant when there is no question as to his or her guilt.

Government Publications: Government Information, Jo Bell Whitlatch

Jo Bell Whitlatch

No abstract provided.

Government Publications – Resources On Drug Information, Jo Bell Whitlatch

Jo Bell Whitlatch

No abstract provided.

Some Perspectives On Crime And Criminal Justice Policy, John Donohue

John Donohue

No abstract provided.