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Full-Text Articles in Law
The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos
The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos
Articles
Two conflicting stories have consumed the academic debate regarding the impact of deinstitutionalization litigation. The first, which has risen almost to the level of conventional wisdom, is that deinstitutionalization was a disaster. The second story challenges the suggestion that deinstitutionalization has uniformly been unsuccessful, as well as the causal link critics seek to draw with the growth of the homeless population. This Article, which embraces the second story, assesses the current wave of deinstitutionalization litigation. It contends that things will be different this time. The particular outcomes of the first wave of deinstitutionalization litigation, this Article contends, resulted from the …
Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review
Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review
Michigan Law Review
A Review of Conscience and Convenience: The Asylum and Its Alternatives in Progressive America by David J. Rothman
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
Michigan Law Review
A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman
Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin
Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin
Michigan Law Review
Each year more of our fellow citizens are involuntarily committed to a mental institution of one sort or another than are incarcerated for the commission of a crime. To those committed, the walls and barred windows of the hospital, as well as the treatment and mode of living, are probably not significantly different from those of a prison. This is particularly the case with those confined for treatment by court order or by some special statutory procedure following acquittal of a crime on grounds of insanity. Yet these mentally ill, even after perpetrating what would otherwise have been a criminal …
Confinement Of The Insane, Thomas M. Cooley
Confinement Of The Insane, Thomas M. Cooley
Articles
The time is almost within the memory of living persons when it was deemed not only lawful but proper to confine persons afflicted with mental disease in dungeons and with chains, and to subject them to beating, at the discretion of their keepers, in order to subdue their senseless fury and drive away their delusions.1 The notions of an ignorant and barbarous age justified such treatment, but the common law on the subject has been so much modified in the greater intelligence of the present century that opinions as to how much of the old rules remain must be expressed …