Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Brave New School: A Constitutional Argument Against State-Mandated Mental Health Assessments In Public Schools, Jennifer H. Gelman Nov 2005

Brave New School: A Constitutional Argument Against State-Mandated Mental Health Assessments In Public Schools, Jennifer H. Gelman

Northern Illinois University Law Review

This comment examines the constitutionality of emotional health assessments in public schools. Despite the Supreme Court's recognition nearly a century ago that parents have a right to control the education of their children, American courts have grown increasingly hostile to parental interests in conflicts between parent and school. The author explores the possibility that the Court's reaffirmation of parental rights in Troxel v. Granville (2003) could be invoked in certain cases to reverse that trend. It is argued, in particular, that parental objections to school involvement in emotional health determinations ought to merit some form of heightened scrutiny.


George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter Jan 2005

George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter

Articles

No abstract provided.


Rearranging Deck Chairs On The Titanic: Why The Incarceration Of Individuals With Serious Mental Illness Violates Public Health, Ethical, And Constitutional Principles And Therefore Cannot Be Made Right By Piecemeal Changes To The Insanity Defense, Jennifer Bard Jan 2005

Rearranging Deck Chairs On The Titanic: Why The Incarceration Of Individuals With Serious Mental Illness Violates Public Health, Ethical, And Constitutional Principles And Therefore Cannot Be Made Right By Piecemeal Changes To The Insanity Defense, Jennifer Bard

Jennifer Bard

The author argues that the problem of adjudicating the mentally ill who commit crimes is too large a societal issue to be resolved by refining the insanity defense. Since this is a threat to the public's health, it is fair to describe the current situation as a public health crisis. First, by not providing adequate mental health resources we create conditions in which people with mental illness find themselves in situations where due to their illness they have the opportunity to commit criminal acts which are causally related to the impairment of their thought process. Second, when people with mental …


Comment: Mental Health Treatment And Mistreatment In Prisons, Joyce Kosak Jan 2005

Comment: Mental Health Treatment And Mistreatment In Prisons, Joyce Kosak

William Mitchell Law Review

No abstract provided.


Protecting Mental Disability Rights: A Success Story In The Inter-American Human Rights System, Alison A. Hillman Jan 2005

Protecting Mental Disability Rights: A Success Story In The Inter-American Human Rights System, Alison A. Hillman

Human Rights Brief

No abstract provided.