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Articles 1 - 15 of 15
Full-Text Articles in Law
Is A Mentally Ill Defendant Still Considered Competent To Waive The Right To Counsel In New York After Indiana V. Edwards?, John H. Wilson
Is A Mentally Ill Defendant Still Considered Competent To Waive The Right To Counsel In New York After Indiana V. Edwards?, John H. Wilson
Pace Law Review
No abstract provided.
Law And Mental Health: A Relationship In Crisis?, Sheila Wildeman
Law And Mental Health: A Relationship In Crisis?, Sheila Wildeman
Dalhousie Law Journal
What is the significance of the rule of law to the area of professional knowledge and practice that is "mental health"-or to the interaction of those two aspirational, one might say euphemistically-named social systems: the mental health and justice systems? This question centres upon the rule of law-specifically, I suggest (as I relate further in closing), a thick conception of the rule of law grounded in an ideal of state-subject reciprocity-and not, or not directly, upon the individual and social good ofhealth. It is this overarching question that I wish to pursue in setting the stage for the two lectures …
Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin
Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin
Dalhousie Law Journal
In this lecture, I offer some thoughts on a medical/legal issue that is old, yet perennially pertinent; that is common, yet extraordinary; that is wellknown, yet all too often swept under the carpet. I refer to the issue-or more accurately the plethora of issues-that surround mental health and the law.
"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick
"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick
Dalhousie Law Journal
When I embarked on my journey at the Hyde Inquiry I really felt I knew nothing. The place I came to know for the first time, at the end, was a place I had really not known before. I was taken there by the narratives that made up the threads of the Inquiry and it is some of these narratives I am going to discuss here.
What The Governor’S Panel Learned, Aradhana "Bela" Sood
What The Governor’S Panel Learned, Aradhana "Bela" Sood
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Lanterman-Petris-Short Act: A Review After Ten Years, Meredith Lenell
The Lanterman-Petris-Short Act: A Review After Ten Years, Meredith Lenell
Golden Gate University Law Review
No abstract provided.
Vol. 1 No. 2, Spring 2010; Iraq Veterans' War With The U.S. Department Of Veterans Affairs: Post Traumatic Stress Disorder Claims Under A Procedural Due Process Analysis, Purvi Shah
Northern Illinois Law Review Supplement
This Comment explores the Department of Veterans Affairs and its current disability compensation and medical care systems for soldiers who have returned from the War on Terror with mental health disabilities, such as post traumatic stress disorder. More specifically, this Comment analyzes two assertions made by veterans groups — Veterans United for Truth and Veterans for Common Sense — against the VA: (1) there is a lack of neutral decision-makers for veterans who would like to appeal their compensation amount , and (2) there is a lack of an additional procedure allowing a veteran with a mental health emergency to …
An Analysis Of South Africa’S Mental Health Legislation, Natalie Latoya Mccrea
An Analysis Of South Africa’S Mental Health Legislation, Natalie Latoya Mccrea
Legal Writing Competition Winners
If one were to measure a society’s health by its historical environment, then something can indeed be said of South Africa. This nation is known for its long abhorrent history with apartheid entrenched with a political and human rights struggle. In 1995, the world witnessed the evisceration of apartheid and the birth of a new democratic South Africa. In light of the struggle endured by a visible portion of the South African population, a question asked is, what about the forgotten and somewhat invisible individuals, those who suffer with mental illness. The purpose of this work is to discuss South …
The Essential Role Of Social Work In Addressing Victims And Survivors Of Trafficking, Nancie Palmer
The Essential Role Of Social Work In Addressing Victims And Survivors Of Trafficking, Nancie Palmer
ILSA Journal of International & Comparative Law
"All persons held as slaves ... are and henceforth free."' The orders from President Lincoln's Emancipation Proclamation first issued on September twenty-second in 1862 while limited in scope freeing certain slaves, served to ignite imagination and pride in those who now look back in history at this defining event.
Death Ineligibility And Habeas Corpus, Lee B. Kovarsky
Death Ineligibility And Habeas Corpus, Lee B. Kovarsky
Faculty Scholarship
I examine the interaction between what I call 'death ineligibility' challenges and the habeas writ. A death ineligibility claim alleges that a criminally-confined capital prisoner belongs to a category of offenders for which the Eighth Amendment forbids execution. By contrast, a 'crime innocence' claim alleges that, colloquially speaking, a capital prisoner 'wasn’t there, and didn’t do it.' In the last eight years, the Supreme Court has identified several new ineligibility categories, including mentally retarded offenders. Configured primarily to address crime innocence and procedural challenges, however, modern habeas law is poorly equipped to accommodate ineligibility claims. Death Ineligibility traces the genesis …
Incompetence To Maintain A Divorce Action: When Breaking Up Is Odd To Do, Douglas Mossman Md, Amanda N. Shoemaker
Incompetence To Maintain A Divorce Action: When Breaking Up Is Odd To Do, Douglas Mossman Md, Amanda N. Shoemaker
Faculty Articles and Other Publications
The law has well-established provisions for handling divorce actions initiated on behalf of persons already adjudged incompetent or by competent petitioners against incompetent spouses. But how should a court respond if a mentally ill petitioner who is competent to manage most personal affairs seeks to divorce a spouse for bizarre, very odd, or crazy-sounding reasons?
Several recent social developments - better psychiatric treatment, wider acceptance of divorce, population trends, and the advent of “no-fault” and unilateral divorce laws - have made it more likely that mentally ill petitioners will seek divorces. Yet the question of whether to allow a divorce …
Nebraska's Youth Need Help--But Was A Safe Haven Law The Best Way?, Diane K. Donnelly
Nebraska's Youth Need Help--But Was A Safe Haven Law The Best Way?, Diane K. Donnelly
University of Miami Law Review
No abstract provided.
Rethinking Guardianship (Again): Substituted Decision Making As A Violation Of The Integration Mandate Of Title Ii Of The Americans With Disabilities Act, Leslie Salzman
University of Colorado Law Review
In every state, when an adult has a diminished capacity to make decisions about personal affairs or property management, a court may transfer the individual's right to make decisions to a guardian. This Article argues that, in most cases, it would be preferable to support decision making rather than supplant it through guardianship, and then seeks to locate a right to receive such support as a less restrictive alternative to the substituted decision making that characterizes guardianship. Building on the reasoning in Olmstead v. L.C. and subsequent decisions interpreting the Americans with Disabilities Act's integration mandate, this Article argues that …
Rethinking Guardianship (Again): Substituted Decision Making As A Violation Of The Integration Mandated Of Title Ii Of The Americans With Disabilities Act, Leslie Salzman
Faculty Articles
In every state, when an adult has a diminished capacity to make decisions about personal affairs or property management, a court may transfer the individual’s right to make decisions to a guardian. This Article argues that, in most cases, it would be preferable to support decision making rather than supplant it through guardianship, and then seeks to locate a right to receive such support as a less restrictive alternative to the substituted decision making that characterizes guardianship.
Building on the reasoning in Olmstead v. L.C. and subsequent decisions interpreting the Americans with Disabilities Act’s integration mandate, this Article argues that …
Death, Ineligibility And Habeas Corpus, Lee B. Kovarsky
Death, Ineligibility And Habeas Corpus, Lee B. Kovarsky
Lee Kovarsky
I examine the interaction between what I call 'death ineligibility' challenges and the habeas writ. A death ineligibility claim alleges that a criminally-confined capital prisoner belongs to a category of offenders for which the Eighth Amendment forbids execution. By contrast, a 'crime innocence' claim alleges that, colloquially speaking, a capital prisoner 'wasn’t there, and didn’t do it.' In the last eight years, the Supreme Court has identified several new ineligibility categories, including mentally retarded offenders. Configured primarily to address crime innocence and procedural challenges, however, modern habeas law is poorly equipped to accommodate ineligibility claims. Death Ineligibility traces the genesis …