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Law and Psychology

University of Michigan Law School

Mental health

Michigan Law Review

Articles 1 - 15 of 15

Full-Text Articles in Law

Dubious Delegation: Article Iii Limits On Mental Health Treatment Decisions, Adam Teitelbaum Jun 2012

Dubious Delegation: Article Iii Limits On Mental Health Treatment Decisions, Adam Teitelbaum

Michigan Law Review

A common condition of supervised release requires a defendant, post-incarceration, to participate in a mental health treatment program. Federal district courts often order probation officers to make certain decisions ancillary to these programs. However Article III delegation doctrine places limits on such actions. This Note addresses the constitutionality of delegating the "treatment program" decision, in which a probation officer decides which type of treatment the defendant must undergo; the choice is often between inpatient treatment and other less restrictive alternatives. The resolution of this issue ultimately depends on whether this decision constitutes a "judicial act." Finding support in lower court …


The Impact Of The Americans With Disabilities Act On State Bar Examiner's Inquiries Into The Psychological History Of Bar Applicants, Carol J. Banta Oct 1995

The Impact Of The Americans With Disabilities Act On State Bar Examiner's Inquiries Into The Psychological History Of Bar Applicants, Carol J. Banta

Michigan Law Review

This Note argues that the use of any questions based upon an applicant's psychological history in the state bar application process violates the Americans with Disabilities Act. Part I demonstrates that Title II of the ADA applies to state boards of bar examiners, and that the ADA definition of a person with a disability includes a person who has sought or received psychological counseling. Part II applies the ADA and accompanying regulations to the psychological history inquiries currently used by state bar examiners and argues that such inquiries violate the ADA because they inquire specifically about disabled status. Part III …


Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch Feb 1984

Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch

Michigan Law Review

A Review of Madness and the Criminal Law by Norval Morris


The Theory And Practice Of Civil Commitment, Andrew Scull Feb 1984

The Theory And Practice Of Civil Commitment, Andrew Scull

Michigan Law Review

A Review of The Court of Last Resort: Mental Illness and the Law by Carol A.B. Warren, contributions by Stephen J. Morse and Jack Zusman


The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review Feb 1984

The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review

Michigan Law Review

A Review of The Insanity Plea: The Uses and Abuses of the Insanity Defense by William J. Winslade and Judith Wilson Ross


Mental Health Law: Major Issues, Michigan Law Review Mar 1982

Mental Health Law: Major Issues, Michigan Law Review

Michigan Law Review

A Review of Mental Health Law: Major Issues by David B. Wexler


Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review Dec 1981

Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review

Michigan Law Review

This Note considers the applicability of the necessity defense in criminal prosecutions of parents and deprogrammers. Part I explores the conflicting policies that underlie the traditional necessity defense, and suggests that courts replace their unitary approach to necessity with a "choice of evils" defense - for actors reasonably attempting to avoid a greater evil - and a "compulsion" defense - for actors reacting understandably to the pressure of circumstances. Part II applies these defenses to deprogramming cases, and concludes that rarely may they be advanced successfully.


Mental Disabilities And Criminal Responsibility, Michigan Law Review Mar 1981

Mental Disabilities And Criminal Responsibility, Michigan Law Review

Michigan Law Review

A Review of Mental Disabilities and Criminal Responsibility by Herbert Fingarette and Ann Fingarette Hasse


Beating A Rap? Defendants Found Incompetent To Stand Trial, Michigan Law Review Mar 1981

Beating A Rap? Defendants Found Incompetent To Stand Trial, Michigan Law Review

Michigan Law Review

A Review of Beating a Rap? Defendants Found Incompetent To Stand Trial by Henry J. Steadman


Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review Mar 1981

Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review

Michigan Law Review

A Review of Conscience and Convenience: The Asylum and Its Alternatives in Progressive America by David J. Rothman


The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider Mar 1979

The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider

Michigan Law Review

A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman


Regulation Of Electroconvulsive Therapy, Michigan Law Review Dec 1976

Regulation Of Electroconvulsive Therapy, Michigan Law Review

Michigan Law Review

Regulation of ECT has generally focused on whether the patient or his representative effectively consented to the treatment. The highly intrusive nature of ECT and the unique circumstances of those patients who are likely to receive it create particularly difficult legal issues concerning the validity of the patient's consent. This Note will examine the various methods that are available to protect the rights of patients for whom ECT is proposed. After briefly explaining the nature of the therapy, the Note will discuss the efficacy of judicial remedies with respect to both competent and incompetent patients. It will argue that, because …


Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin Feb 1968

Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin

Michigan Law Review

Each year more of our fellow citizens are involuntarily committed to a mental institution of one sort or another than are incarcerated for the commission of a crime. To those committed, the walls and barred windows of the hospital, as well as the treatment and mode of living, are probably not significantly different from those of a prison. This is particularly the case with those confined for treatment by court order or by some special statutory procedure following acquittal of a crime on grounds of insanity. Yet these mentally ill, even after perpetrating what would otherwise have been a criminal …


Courts-Scope Of Authority-Sterilization Of Mental Defectives, William R. Warnock May 1963

Courts-Scope Of Authority-Sterilization Of Mental Defectives, William R. Warnock

Michigan Law Review

Respondent, age nineteen, appeared before the probate court of Muskingum County, Ohio, upon an affidavit filed by her mother alleging the child to be feeble-minded and in need of medical treatment. Results of psychological tests were presented at the hearing, revealing that respondent had an intelligence quotient of thirty-six and was therefore a feeble-minded person within the statutory definition. Respondent had had one illegitimate child, for whom she was unable to provide even rudimentary care or financial support, and was physically capable of bearing more children. Taking judicial notice that the state mental hospitals were then overcrowded and unable to …


Guttmacher & Weihofen: Psychiatry And The Law., Morris Ploscowe Dec 1953

Guttmacher & Weihofen: Psychiatry And The Law., Morris Ploscowe

Michigan Law Review

A Review of Psychiatry and the Law. By Manfred. S. Guttmacher and Henry Weihofen.