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Articles 1 - 8 of 8
Full-Text Articles in Law
Through The Wild Cathedral Evening: Barrier, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin
Through The Wild Cathedral Evening: Barrier, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin
Articles & Chapters
This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons with Disabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us …
Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin
Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin
Articles & Chapters
This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons withDisabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us to …
Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel
Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel
Articles & Chapters
No abstract provided.
Everybody Is Making Love/Or Else Expecting Rain: Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin
Articles & Chapters
One of the most controversial policy questions in all of institutional mental disability law is the extent to which patients in psychiatric hospitals have a right to voluntary sexual interaction. The resolution of this matter involves the resolution of difficult and sensitive questions of law, social policy, clinical judgment, politics, religion, and family structures.
As difficult as these questions are in cases involving civil hospitals, the difficulties are exacerbated when the topic is the application of the right in forensic hospitals. Such facilities typically house individuals involved in the criminal justice system (either those who may be incompetent to stand …
I Might Need A Good Lawyer, Could Be Your Funeral, My Trial: Global Clinical Legal Education And The Right To Counsel In Civil Commitment Cases, Michael L. Perlin
I Might Need A Good Lawyer, Could Be Your Funeral, My Trial: Global Clinical Legal Education And The Right To Counsel In Civil Commitment Cases, Michael L. Perlin
Articles & Chapters
The quality of counsel assigned to represent individuals facing involuntary civil commitment to psychiatric hospitals is, in most American jurisdictions, mediocre or worse. In many other nations, it is non-existent, or so minimal as to offer only the illusion of legal safeguards. (Perhaps) remarkably, there has been virtually no mention of this latter scandal in the legal literature. Also, there has been little attention paid to this development by the clinical education movement (domestically and globally).
A variety of interrelated factors, however, may shed some light on this scandal, and may, encouragingly, lead to social change in the future:
- …
Killing Them Softly: Meditations On A Painful Punishment Of Death, Robert I. Blecker
Killing Them Softly: Meditations On A Painful Punishment Of Death, Robert I. Blecker
Articles & Chapters
This brief essay argues that any attempt by the U.S. Supreme Court and others to establish a painless punishment, especially lethal injection, fails logically and morally.
From the beginning, by definition, etymologically and existentially, “punishment” and “pain” have been inseparably connected. Those who advocate ‘painless punishment’ call for contradiction. Whether looking to the future (utilitarians) or the past (retributivists), we once clearly understood and embraced the inseparable connection between punishment and pain. Gradually, however, punishment has morphed into something which denies its own nature, culminating in today's move toward a massive dose of anesthetic as the ultimate punishment - as …
Tolling For The Luckless, The Abandoned And Forsaked: Community Safety, Therapeutic Jurisprudence And International Human Rights Law As Applied To Prisoners And Detainees, Michael L. Perlin, Astrid Birgden
Tolling For The Luckless, The Abandoned And Forsaked: Community Safety, Therapeutic Jurisprudence And International Human Rights Law As Applied To Prisoners And Detainees, Michael L. Perlin, Astrid Birgden
Articles & Chapters
There has been an explosion of interest in therapeutic jurisprudence as both a filter and lens for viewing theextent to which the legal system serves therapeutic or anti therapeutic consequences. However, little attention has been paid to the impact of therapeutic jurisprudence on questions of international human rights law and the role of forensic psychologists. Human rights are based on legal, social, and moral rules. The paper will propose that human rights principles can add to the normative base of therapeutic jurisprudence, and in turn, therapeutic jurisprudence can assist forensic psychologists to actively address human rights. As duty bearers, forensic …
Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin
Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin
Articles & Chapters
This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons with Disabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us …