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Full-Text Articles in Law
Is It More Than Dodging Lions And Wastin' Time: Adequacy Of Counsel, Questions Of Competence, And The Judicial Process In Individual Right To Refuse Treatment Cases, Michael L. Perlin, Deborah Dorfman
Is It More Than Dodging Lions And Wastin' Time: Adequacy Of Counsel, Questions Of Competence, And The Judicial Process In Individual Right To Refuse Treatment Cases, Michael L. Perlin, Deborah Dorfman
Articles & Chapters
This article argues that, if the MacArthur Treatment Competence Study (e.g., P. S. Appelbaum and T. Grisso, Grisso et al, and Grisso and Appelbaum; see records 82:39258, 82:35494, and 82:37814, respectively) is to be meaningfully operationalized, it is necessary to consider the ways that counsel is provided in individual cases to institutionalized individuals wishing to assert the right to refuse antipsychotic drug treatment. It looks at the role of counsel in individual right to refuse cases, examines the ways that counsel is assigned in 3 states, and considers the underlying questions through the filters of "sanism" and "pretextuality." It concludes …
Rights, Remembrance And The Reconciliation Of Difference, David Engel, Frank W. Munger
Rights, Remembrance And The Reconciliation Of Difference, David Engel, Frank W. Munger
Articles & Chapters
Rights in American society present a paradox-critics increasingly assert that proliferation of rights is undermining Americans' sense of community, yet scholars continue to document Americans' reluctance to assert formal legal rights. We explore the meaning of rights in American society by describing the intersection between the evolving civil rights of a previously excluded minority, culminating in the, and the personal histories of two individuals who might potentially invoke or benefit from such rights. Tracing the life stories of "Sara Lane" and 'Jill Golding" from childhood through adolescence to adulthood and employment, we relate the everyday relevance or irrelevance of law …