Disability Law Commons^™

Therapeutic Jurisprudence And Outpatient Commitment Law: Kendra’S Law As Case Study, Michael L. Perlin

Articles & Chapters

No abstract provided.

Beyond Dusky And Godinez: Competency Before And After Trial, Michael L. Perlin

Articles & Chapters

Scholars have carefully considered all aspects of the incompetency to stand trial process, questions involving incompetency to confess, questions involving incompetency to be executed, and, to a lesser extent, questions related to incompetency to plead guilty or to waive counsel, but little attention has been paid to the relationship between incompetency and the full range of other criminal procedure issues: sentencing, appeals, consent to searches, and others. This article discusses this range of issues, assesses the factors relied upon by courts in deciding these cases and attempts to offer an agenda for future scholarly developments in this area.

What's Good Is Bad, What's Bad Is Good, You'll Find Out When You Reach The Top, You're On The Bottom: Are The Americans With Disabilities Act (And Olmstead V. L.C.) Anything More Than 'Idiot Wind', Michael L. Perlin

Articles & Chapters

Mental Disability law is contaminated by "sanism," an irrational prejudice similar to such other irrational prejudices as racism and sexism. The passage of the Americans with Disabilities Act (ADA) - a statute that focused specifically on questions of stereotyping and stigma - appeared at first to offer an opportunity too deal frontally with sanist attitudes and, optimally, to restructure the way that citizens with mental disabilities were dealt with by the remainder of society. However, in its first decade, the ADA did not prove to be a panacea for such persons. The Supreme Court's 1999 decision in Olmstead v. L.C. …

Chimes Of Freedom: International Human Rights And Institutional Mental Disability Law, Michael L. Perlin

Articles & Chapters

No abstract provided.

Re-Interpreting The Effect Of Rights: Career Narratives And The Americans With Disabilities Act, David Engel, Frank W. Munger

Articles & Chapters

This article examines how the employment rights guaranteed by the Americans

with Disabilities Act (ADA) affect the careers of individuals with disabilities. The

article draws on in-depth interviews with sixty adults who provided extended life

story narratives, describing early family and educational experiences and later

experiences with employment. Their detailed accounts offer insights into the

sometimes subtle role rights play in peoples lives and careers. Relatively few

rights violations actually lead to explicit or formal invocations of the law. The

effect of the ADA on careers can be profound but is primarily indirect or

symbolic. Moreover, other factors affect the …

For The Misdemeanor Outlaw: The Impact Of The Ada On The Institutionalization Of Criminal Defendants With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This article argues that the Supreme Court's decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999), finding a qualified right to community treatment and services for certain institutionalized persons under the Americans with Disabilities Act (ADA), causes us to reconceptualize state policies that mandate that all defendants in four categories - those being evaluated for competency to stand trial, those found permanently incompetent to stand trial under the Supreme Court's decision in Jackson v. Indiana, 406 U.S. 715 (1972), those being evaluated for insanity, and those found not guilty by reason of insanity - be treated and housed in …

I Ain't Gonna Work On Maggie's Farm No More: Institutional Segregation, Community Treatment, The Ada, And The Promise Of Olmstead V. L.C., Michael L. Perlin

Articles & Chapters

Olmstead v. L.C., 119 S. Ct. 2176 (1999), qualifiedly affirming a decision that the Americans with Disabilities Act entitled plaintiffs - residents of Georgia State Hospital - to treatment in an "integrated community setting" as opposed to an "unnecessarily segregated" state hospital, potentially has the capacity to transform and revolutionize institutional mental disability law. Whether that potential is realized depends on multiple factors, especially the extent to which courts, legislatures and the public are willing to confront the extent to which sanism (an irrational prejudice of the same quality and character of other irrational prejudices that cause and are reflected …

A Law Of Healing, Michael L. Perlin

Articles & Chapters

No abstract provided.

Stepping Outside The Box: Viewing Your Client In A Whole New Light, Michael L. Perlin

Articles & Chapters

No abstract provided.

Their Promises Of Paradise: Will Olmstead V. L.C. Resuscitate The Constitutional Least Restrictive Alternative Principle In Mental Disability Law, Michael L. Perlin

Articles & Chapters

This article argues that the Supreme Court's decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999), finding a qualified right to community treatment and services for certain institutionalized persons under the Americans with Disabilities Act (ADA) and endorsing an "integration mandate," forces us to reconsider the role of the "least restrictive alternative" in institutional mental disability law, and may serve to resuscitate and revitalize the constitutional foundations of that principle in this area of the law. In this context, Olmstead has the capacity to be the Supreme Court's most therapeutic mental disability law decision since that Court decided, in …

Half-Wracked Prejudice Leaped Forth: Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin

Articles & Chapters

Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and …

"Half-Wracked Prejudice Leaped Forth:" Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin

Articles & Chapters

Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and …

Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel

Articles & Chapters

No abstract provided.

Make Promises By The Hour: Sex, Drugs, The Ada, And Psychiatric Hospitalization, Michael L. Perlin

Articles & Chapters

No abstract provided.

Rights, Remembrance And The Reconciliation Of Difference, David Engel, Frank W. Munger

Articles & Chapters

Rights in American society present a paradox-critics increasingly assert that proliferation of rights is undermining Americans' sense of community, yet scholars continue to document Americans' reluctance to assert formal legal rights. We explore the meaning of rights in American society by describing the intersection between the evolving civil rights of a previously excluded minority, culminating in the, and the personal histories of two individuals who might potentially invoke or benefit from such rights. Tracing the life stories of "Sara Lane" and 'Jill Golding" from childhood through adolescence to adulthood and employment, we relate the everyday relevance or irrelevance of law …

No Direction Home: The Law And Criminal Defendants With Mental Disabilities, Michael L. Perlin

Articles & Chapters

No abstract provided.

Therapeutic Jurisprudence: Understanding The Sanist And Pretextual Bases Of Mental Disability Law, Michael L. Perlin

Articles & Chapters

Symposium: Therapeutic Jurisprudence: From Idea to Application

The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin

Articles & Chapters

No abstract provided.

Hospitalized Patients And The Right To Sexual Interaction: Beyond The Last Frontier, Michael L. Perlin

Articles & Chapters

No abstract provided.

What Is Therapeutic Jurisprudence?, Michael L. Perlin

Articles & Chapters

No abstract provided.

On Sanism, Michael L. Perlin

Articles & Chapters

No abstract provided.

Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin

Articles & Chapters

No abstract provided.

Unpacking The Myths: The Symbolism Mythology Of Insanity Defense Jurisprudence, Michael L. Perlin

Articles & Chapters

The insanity defense has been the subject of great controversy. A review of the jurisprudential debate, infamous cases, judicial and legislative decision-making, media coverage, as well as public attitudes, when read in light of scientific and empirical research, reveals a gaping disparity between what we know and how we think about the mentally ill and the insanity defense. The Author argues that this disparity is the result of several operational myths about the mentally ill and the insanity defense. In this Article, the Author focuses on the role of psychiatry, psychology, and mental illness in the law, specifically addressing how …

Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin

Articles & Chapters

No abstract provided.

Ten Years After: Evolving Mental Health Advocacy And Judicial Trends, Michael L. Perlin

Articles & Chapters

No abstract provided.

The Supreme Court, The Mentally Disabled Criminal Defendant, Psychiatric Testimony In Death Penalty Cases, And The Power Of Symbolism: Dulling The Ake In Barefoot’S Achilles Heel, Michael L. Perlin

Articles & Chapters

No abstract provided.