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Full-Text Articles in Law

The Borderline Which Separated You From Me: The Insanity Defense, The Authoritarian Spirit, The Fear Of Faking, And The Culture Of Punishment, Michael L. Perlin Jan 1997

The Borderline Which Separated You From Me: The Insanity Defense, The Authoritarian Spirit, The Fear Of Faking, And The Culture Of Punishment, Michael L. Perlin

Articles & Chapters

No abstract provided.


Make Promises By The Hour: Sex, Drugs, The Ada, And Psychiatric Hospitalization, Michael L. Perlin Jan 1997

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

Articles & Chapters

No abstract provided.


The Executioner’S Face Is Always Well-Hidden: The Role Of Counsel And The Courts In Determining Who Dies, Michael L. Perlin Jan 1996

The Executioner’S Face Is Always Well-Hidden: The Role Of Counsel And The Courts In Determining Who Dies, Michael L. Perlin

Articles & Chapters

No abstract provided.


I'Ll Give You Shelter From The Storm: Privilege, Confidentiality, And Confessions Of Crime, Michael L. Perlin Jan 1996

I'Ll Give You Shelter From The Storm: Privilege, Confidentiality, And Confessions Of Crime, Michael L. Perlin

Articles & Chapters

No abstract provided.


No Direction Home: The Law And Criminal Defendants With Mental Disabilities, Michael L. Perlin Jan 1996

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

Articles & Chapters

No abstract provided.


Rashomon And The Criminal Law: Mental Disability And The Federal Sentencing Guidelines, Michael L. Perlin, Keri K. Gould Jan 1995

Rashomon And The Criminal Law: Mental Disability And The Federal Sentencing Guidelines, Michael L. Perlin, Keri K. Gould

Articles & Chapters

No abstract provided.


Therapeutic Jurisprudence: Understanding The Sanist And Pretextual Bases Of Mental Disability Law, Michael L. Perlin Jan 1994

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

Articles & Chapters

Symposium: Therapeutic Jurisprudence: From Idea to Application


Corrections Law: The Supreme Court And Treatment In Correctional And Forensic Mental Health Facilities: Recent Trends And Decisions, Michael L. Perlin Jan 1994

Corrections Law: The Supreme Court And Treatment In Correctional And Forensic Mental Health Facilities: Recent Trends And Decisions, Michael L. Perlin

Articles & Chapters

No abstract provided.


The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin Jan 1994

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 Jan 1994

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

Articles & Chapters

No abstract provided.


Psychotropic Medication In The Criminal Trial Process: The Constitutional And Therapeutic Implications Of Riggjns V. Nevada, Bruce J. Winick Jan 1993

Psychotropic Medication In The Criminal Trial Process: The Constitutional And Therapeutic Implications Of Riggjns V. Nevada, Bruce J. Winick

NYLS Journal of Human Rights

No abstract provided.


Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin Jan 1993

Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin

Articles & Chapters

No abstract provided.


Sanism, Social Science, And The Development Of Mental Disability Law Jurisprudence, Michael L. Perlin, D.A. Dorfman Jan 1993

Sanism, Social Science, And The Development Of Mental Disability Law Jurisprudence, Michael L. Perlin, D.A. Dorfman

Articles & Chapters

This article examines the way that "sanist" attitudes (attitudes driven by the same kind of irrational, unconscious and bias-driven stereotypes exhibited in racist and sexist decisionmaking) lead to "pretextual" decisions (in which dishonest testimony is either explicitly or implicitly accepted) in mental disability law jurisprudence. In conjunction with these sanist ends, social science data is teleologically employed by legal decisionmakers, so that it is privileged when it supports a conclusion that the fact-finder wishes to reach but subordinated when it questions such a conclusion. The article examines recent Supreme Court cases in an effort to determine the extent of domination …


What Is Therapeutic Jurisprudence?, Michael L. Perlin Jan 1993

What Is Therapeutic Jurisprudence?, Michael L. Perlin

Articles & Chapters

No abstract provided.


Snips And Snails And Puppy Dogs’ Tails, That’S What Little Boys Are Made Of. Book Reviews Of American Manhood: Transformations In Masculinity From The Revolution To The Modern Era, By E. Anthony Rotundo, And Power At Play: Sports And The Problem Of Masculinity, By Michael A. Messner, Carlin Meyer Jan 1993

Snips And Snails And Puppy Dogs’ Tails, That’S What Little Boys Are Made Of. Book Reviews Of American Manhood: Transformations In Masculinity From The Revolution To The Modern Era, By E. Anthony Rotundo, And Power At Play: Sports And The Problem Of Masculinity, By Michael A. Messner, Carlin Meyer

Articles & Chapters

No abstract provided.


Decoding Right To Refuse Treatment Law, Michael L. Perlin Jan 1993

Decoding Right To Refuse Treatment Law, Michael L. Perlin

Articles & Chapters

No abstract provided.


The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone?, Michael L. Perlin Jan 1993

The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone?, Michael L. Perlin

Articles & Chapters

No abstract provided.


On Sanism, Michael L. Perlin Jan 1992

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 Jan 1992

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

Articles & Chapters

No abstract provided.


Tarasoff And The Dilemma Of The Dangerous Patient: New Directions For The 1990’S, Michael L. Perlin Jan 1992

Tarasoff And The Dilemma Of The Dangerous Patient: New Directions For The 1990’S, Michael L. Perlin

Articles & Chapters

No abstract provided.


Power Imbalances In Therapeutic And Forensic Relationships, Michael L. Perlin Jan 1991

Power Imbalances In Therapeutic And Forensic Relationships, Michael L. Perlin

Articles & Chapters

This article examines the ways that power imbalances affect relationships in the forensic mental disability system and between therapists and their clients. It considers the impact of the "dual loyalty" dilemma on forensic relationships, the manner in which courts deal with this dilemma, and suggests several points of commonality that arise around such power conflicts. It also examines recent litigation involving therapeutic relationships, and attempts to extract doctrinal threads from these cases. Finally, it recommends that, in order for the judicial system to attempt to correct any of the underlying imbalances, courts and jurors must openly come to grips with …


Book Review: Out Of Bedlam: The Truth About Deinstitutionalization, By Ann Braden Johnson, Michael L. Perlin Jan 1991

Book Review: Out Of Bedlam: The Truth About Deinstitutionalization, By Ann Braden Johnson, Michael L. Perlin

Other Publications

No abstract provided.


Competency, Deinstitutionalization, And Homelessness: A Story Of Marginalization, Michael L. Perlin Jan 1991

Competency, Deinstitutionalization, And Homelessness: A Story Of Marginalization, Michael L. Perlin

Articles & Chapters

No abstract provided.


Are Courts Competent To Decide Competency Questions? Stripping The Facade From United States V. Charters, Michael L. Perlin Jan 1990

Are Courts Competent To Decide Competency Questions? Stripping The Facade From United States V. Charters, Michael L. Perlin

Articles & Chapters

No abstract provided.


Psychodynamics And The Insanity Defense: Ordinary Common Sense And Heuristic Reasoning, Michael L. Perlin Jan 1990

Psychodynamics And The Insanity Defense: Ordinary Common Sense And Heuristic Reasoning, Michael L. Perlin

Articles & Chapters

No abstract provided.


Unpacking The Myths: The Symbolism Mythology Of Insanity Defense Jurisprudence, Michael L. Perlin Jan 1990

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 …


Aids-Related Dementia And Competency To Stand Trial: A Potential Abuse Of The Forensic Mental Health System?, Michael L. Perlin, Joel Dvoskin Jan 1990

Aids-Related Dementia And Competency To Stand Trial: A Potential Abuse Of The Forensic Mental Health System?, Michael L. Perlin, Joel Dvoskin

Articles & Chapters

No abstract provided.


Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin Jan 1989

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

Articles & Chapters

No abstract provided.


Admissibility Of Psychiatric Evaluations Under Miranda And The Right To Counsel: Satterwhite And Buchanan, Michael L. Perlin Jan 1988

Admissibility Of Psychiatric Evaluations Under Miranda And The Right To Counsel: Satterwhite And Buchanan, Michael L. Perlin

Other Publications

No abstract provided.


State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin Jan 1987

State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin

Articles & Chapters

No abstract provided.