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Articles 1 - 22 of 22
Full-Text Articles in Law
Sustaining Lawyers, Seema Saifee
Sustaining Lawyers, Seema Saifee
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Many lawyers are drawn to a career in social justice, in part, to help others and, in part, to fulfill their own path to wellness. Advocacy that sustains personal well-being, however, also poses considerable obstacles to well-being. Some of these obstacles are inherent to social justice work but some are embedded within organizational culture. These cultural norms impair the health of advocates, harm the communities with whom they work, and portend far-reaching consequences for the future of progressive struggles for freedom. Drawing on the author's personal experience, this Essay identifies three cultural norms, described as pathologies, that are rarely discussed …
Mental Disorder And Criminal Justice, Stephen J. Morse
Mental Disorder And Criminal Justice, Stephen J. Morse
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This paper is a chapter that will appear in REFORMING CRIMINAL JUSTICE: A REPORT OF THE ACADEMY FOR JUSTICE BRIDGING THE GAP BETWEEN SCHOLARSHIP AND REFORM (Erik Luna ed., Academy for Justice 2018). The criminal law treats some people with severe mental disorders doctrinally and practically differently at virtually every stage of the criminal justice process, beginning with potential incompetence to stand trial and ending with the question of competence to be executed, and such people have special needs when they are in the system. This chapter begins by exploring the fundamental mental health information necessary to make informed judgements …
A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson
A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson
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This essay provides an overview of the legal issues relating to intoxication, including the effect of voluntary intoxication in imputing to an offender a required offense culpable state of mind that he may not actually have had at the time of the offense; the effect of involuntary intoxication in providing a defense by negating a required offense culpability element or by satisfying the conditions of a general excuse; the legal effect of alcoholism or addiction in rendering intoxication involuntary; and the limitation on using alcoholism or addiction in this way if the offender can be judged to be reasonably responsible …
Involuntary Competence In United States Criminal Law, Stephen J. Morse
Involuntary Competence In United States Criminal Law, Stephen J. Morse
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This is a draft of a chapter that has been accepted for publication by Oxford University Press in the forthcoming book Fitness to Plead: International and Comparative Perspectives edited by Ronnie Mackay and Warren Brookbanks due for publication in May 2018. It addresses whether the state may forcibly medicate an unwilling defendant or prisoner to restore competence in the criminal process, including competence to stand trial, competence to plead guilty and to waive trial rights, competence to represent oneself, and competence to be sentenced. It begins with a description of the doctrinal and mental health background information and the right …
The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax
The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax
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A recent body of work in neuroscience examines the brains of people suffering from social and economic disadvantage. This article assesses claims that this research can help generate more effective strategies for addressing these social conditions and their effects. It concludes that the so-called neuroscience of deprivation has no unique practical payoff, and that scientists, journalists, and policy-makers should stop claiming otherwise. Because this research does not, and generally cannot, distinguish between innate versus environmental causes of brain characteristics, it cannot predict whether neurological and behavioral deficits can be addressed by reducing social deprivation. Also, knowledge of brain mechanisms yields …
Addiction, Choice And Criminal Law, Stephen J. Morse
Addiction, Choice And Criminal Law, Stephen J. Morse
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This chapter is a contribution to a volume, Addiction and Choice, edited by Nick Heather and Gabriel Segal that is forthcoming from Oxford University Press. Some claim that addiction is a chronic and relapsing brain disease; others claim that it is a product of choice; yet others think that addictions have both disease and choice aspects. Which of these views holds sway in a particular domain enormously influences how that domain treats addictions. With limited exceptions, Anglo-American criminal law has implicitly adopted the choice model and a corresponding approach to responsibility. Addiction is irrelevant to the criteria for the …
Cultural Collisions And The Limits Of The Affordable Care Act, Jasmine E. Harris
Cultural Collisions And The Limits Of The Affordable Care Act, Jasmine E. Harris
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National Federation of Independent Business v. Sebelius (“NFIB”) settled the central constitutional questions impeding the rollout of the Patient Protection and Affordable Care Act (“ACA”): whether the federal government’s “individual mandate” to purchase or hold health insurance and the federal government’s authority to retract existing federal dollars if states fail to expand Medicaid eligibility violate the Constitution. However, a number of residual questions persist in its wake. While most of the focus this year has been on related constitutional issues — such as religious exemptions from offering contraceptive coverage to employees — NFIB also clears the path for a discussion …
Shots For Tots?, Eric A. Feldman
Shots For Tots?, Eric A. Feldman
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By endorsing the use of a vaccine that makes the experience of puffing on a cigarette deeply distasteful, Lieber and Millum have taken the first few tentative steps into a future filled with medical interventions that manipulate individual preferences. It is tempting to embrace the careful arguments of “Preventing Sin” and celebrate the possibility that the profound individual and social costs of smoking will finally be tamed. Yet there is something unsettling about the possibility that parental discretion may be on the cusp of a radical expansion, one that involves a new and unexplored approach to behavior modification.
A Good Enough Reason: Addiction, Agency And Criminal Responsibility, Stephen J. Morse
A Good Enough Reason: Addiction, Agency And Criminal Responsibility, Stephen J. Morse
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The article begins by contrasting medical and moral views of addiction and how such views influence responsibility and policy analysis. It suggests that since addiction always involves action and action can always be morally evaluated, we must independently decide whether addicts do not meet responsibility criteria rather than begging the question and deciding by the label of ‘disease’ or ‘moral weakness’. It then turns to the criteria for criminal responsibility and shows that the criteria for criminal responsibility, like the criteria for addiction, are all folk psychological. Therefore, any scientific information about addiction must be ‘translated’ into the law’s folk …
New Therapies, Old Problems, Or, A Plea For Neuromodesty, Stephen J. Morse
New Therapies, Old Problems, Or, A Plea For Neuromodesty, Stephen J. Morse
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This article suggests that investigational deep brain stimulation (DBS) for mental disorders raises few new bioethical issues. Although the scientific basis of the procedure may be both complex and largely unknown, addressing informed consent in such situations is a familiar problem. After reviewing the legal and moral background for investigating DBS and the scientific difficulties DBS faces as a potential treatment for mental disorders, the article focuses on informed consent and makes two primary suggestions. The study of DBS may proceed, but "hyper-disclosure" of the complexities should be required for competent subjects or proper surrogates if the candidate is not …
Mental Disorders And The "System Of Judgmental Responsibility", Anita L. Allen
Mental Disorders And The "System Of Judgmental Responsibility", Anita L. Allen
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No abstract provided.
Subsidizing Addiction: Do State Health Insurance Mandates Increase Alcohol Consumption?, Jonathan Klick, Thomas Stratmann
Subsidizing Addiction: Do State Health Insurance Mandates Increase Alcohol Consumption?, Jonathan Klick, Thomas Stratmann
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A model of addiction in which individuals are forward looking implies that as the availability of addiction treatment options grows, individuals will consume more of an addictive good. We test this implication using cross-state variation in the adoption of mental health parity mandates that include substance abuse treatments. We examine the effects of these mandates on the consumption of alcohol and find that parity legislation leads to an increase in alcohol consumption. To account for the possible endogeneity of the adoption of mental health parity mandates, we perform an instrumental variables analysis and find that the ordinary least squares estimation …
Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick
Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick
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Proponents of laws requiring a waiting period before a woman can receive an abortion argue that these cooling off periods protect against rash decisions on the part of women in the event of unplanned pregnancies. Opponents claim, at best, waiting periods have no effect on decision-making and, at worst, they subject women to additional mental anguish and stress. In this article, I examine these competing claims using adult female suicide rates at the state level as a proxy for mental health. Panel data analyses suggest that the adoption of mandatory waiting periods reduce suicide rates by about 10 percent, and …
Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse
Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse
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No abstract provided.
Crazy Reasons, Stephen J. Morse
Neither Desert Nor Disease, Stephen J. Morse
Neither Desert Nor Disease, Stephen J. Morse
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No abstract provided.
The Challenge Of Substance Abuse For Family Preservation Policy, Dorothy E. Roberts
The Challenge Of Substance Abuse For Family Preservation Policy, Dorothy E. Roberts
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No abstract provided.
Unshackling Black Motherhood, Dorothy E. Roberts
Unshackling Black Motherhood, Dorothy E. Roberts
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No abstract provided.
Is Equal Access The Prescription For Equity?, Victor Sidel, Dorothy E. Roberts, Jennifer Dohrn, Kathy Anastos, Nitza Milagros Escalera, Peter Holland, Sylvia Kleinman, Sylvia Law, Jack O'Sullivan, Robert Padgug, Dennis Rivera, Beth Weitzman
Is Equal Access The Prescription For Equity?, Victor Sidel, Dorothy E. Roberts, Jennifer Dohrn, Kathy Anastos, Nitza Milagros Escalera, Peter Holland, Sylvia Kleinman, Sylvia Law, Jack O'Sullivan, Robert Padgug, Dennis Rivera, Beth Weitzman
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No abstract provided.
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
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No abstract provided.
Justice, Mercy, And Craziness, Stephen J. Morse
Justice, Mercy, And Craziness, Stephen J. Morse
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No abstract provided.
Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse
Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse
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No abstract provided.