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Full-Text Articles in Jurisprudence

The Timeless Explosion Of Fantasy's Dream: How State Courts Have Ignored The Supreme Court's Decision In Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon, Maren Geiger Jan 2023

The Timeless Explosion Of Fantasy's Dream: How State Courts Have Ignored The Supreme Court's Decision In Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon, Maren Geiger

Articles & Chapters

Multiple states have enacted statutes to govern procedures when a state seeks to execute a person who may be incompetent to understand why s/he is being so punished, an area of the law that has always been riddled with confusion. The Supreme Court, in Panetti v. Quarterman, sought to clarify matters, ruling that a mentally ill defendant had a constitutional right to make a showing that his mental illness “obstruct[ed] a rational understanding of the State’s reason for his execution.” However, the first empirical studies of howPanetti has been interpreted in federal courts painted a dismal picture. Only a handful …


In These Times Of Compassion When Conformity’S In Fashion: How Therapeutic Jurisprudence Can Root Out Bias, Limit Polarization And Support Vulnerable Persons In The Legal Process, Michael L. Perlin Jan 2023

In These Times Of Compassion When Conformity’S In Fashion: How Therapeutic Jurisprudence Can Root Out Bias, Limit Polarization And Support Vulnerable Persons In The Legal Process, Michael L. Perlin

Articles & Chapters

In this paper, I consider the extent to which caselaw has – either explicitly or implicitly – incorporated the precepts of therapeutic jurisprudence (TJ), a school of legal thought that focuses on the law’s influence on emotional life and psychological well-being, and that asks us to assess the actual impact of the law on people’s lives. Two of the core tenets of TJ in practice are commitments to dignity and to compassion. I conclude ultimately that, with these principles as touchstones, TJ can be an effective tool – perhaps the most effective tool - in rooting out bias, limiting polarization, …