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Awareness And The Legal Profession: An Introduction To The Mindful Lawyer Symposium, Leonard L. Riskin
Awareness And The Legal Profession: An Introduction To The Mindful Lawyer Symposium, Leonard L. Riskin
UF Law Faculty Publications
This article introduces the Mindfulness Symposium, which includes five articles that developed out of the Mindful Lawyer Conference held at U. California-Berkeley in 2010. The article explains mindfulness and its growing importance in the legal profession, situates it among other curricular innovations, summarizes the articles in the symposium, describes other mindfulness curriculum developments, and offers resources.
Theorizing Mental Health Courts, E. Lea Johnston
Theorizing Mental Health Courts, E. Lea Johnston
UF Law Faculty Publications
To date, no scholarly article has analyzed the theoretical basis of mental health courts, which currently exist in forty-three states. This Article examines the two utilitarian justifications proposed by mental health court advocates—therapeutic jurisprudence and therapeutic rehabilitation—and finds both insufficient. Therapeutic jurisprudence is inadequate to justify mental health courts because of its inability, by definition, to resolve significant normative conflict. In essence, mental health courts express values fundamentally at odds with those underlying the traditional criminal justice system. Furthermore, the sufficiency of rehabilitation, as this concept appears to be defined by mental health court advocates, depends on the validity of …