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Reflections On Substance And Form In The Civil Rights Classroom, Doni Gewirtzman
Reflections On Substance And Form In The Civil Rights Classroom, Doni Gewirtzman
Articles & Chapters
Legal education typically treats substance and form as unrelated entities -- the same pedagogical structure and tools are used regardless of the nature of the course. This Essay attempts to align the way we teach civil rights law with the nature of the subject matter by exploring three central conflicts that touch on both substance and form: the battle between coercion and freedom, the battle between public and private, and the battle between law and love. It argues that while the form of legal education polarizes each of these divides, the substance of civil rights law takes a more ambiguous …
They Keep It All Hid: The Ghettoization Of Mental Disability Law And Its Implications For Legal Education, Michael L. Perlin
They Keep It All Hid: The Ghettoization Of Mental Disability Law And Its Implications For Legal Education, Michael L. Perlin
Articles & Chapters
The Supreme Court has, since 1972, decided more than fifty cases involving persons with mental disabilities, a docket spanning virtually every aspect of constitutional law and criminal procedure. These cases have dealt with the substantive and procedural limitations on the commitment power, the conditions of confinement in psychiatric institutions, the application of the Americans with Disabilities Act to persons institutionalized because of mental illness, the substantive and procedural aspects of the criminal incompetency inquiry and the insanity defense, the relationship between mental disability and sexually violent predator laws, and all aspects of the death penalty. Thousands of cases have been …