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Articles 1 - 24 of 24
Full-Text Articles in Law
Examining The New Standard Of Care For Medical Advice And Patients With Mental Health Conditions, Gary Kok Yew Chan
Examining The New Standard Of Care For Medical Advice And Patients With Mental Health Conditions, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
In 2017, the Singapore Court of Appeal in Hii Chii Kok v Oii Peng Jin London Lucien (Hii Chii Kok) favoured a patient-centric approach towards issues of providing medical advice. Section 37 of the Singapore Civil Law Act, which took effect on 1 July 2022, stipulates that the standard of care in giving medical advice to patients is based on peer professional opinion. This article will analyse, with reference to other common law jurisdictions, how the new statutory provision applies to patients with mental disorders under the Singapore Mental Capacity Act 2008. It will provide an interpretation of s 37 …
Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America, Zachary Lecompte
Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America, Zachary Lecompte
University of Cincinnati Law Review
No abstract provided.
Finding Parity Through Preclusion: Novel Mental Health Parity Solutions At The State Level, Ryan D. Kingshill
Finding Parity Through Preclusion: Novel Mental Health Parity Solutions At The State Level, Ryan D. Kingshill
Dickinson Law Review (2017-Present)
Recently, the federal government has taken numerous steps to promote the equal treatment (also known as parity) of mental and physical health issues. The two most impactful actions are the Mental Health Parity and Addiction Act of 2008 and the Affordable Care Act. These acts focus on the traditional avenue for parity change—insurance regulation. While these acts have improved parity, major gaps in coverage and treatment between mental health/substance use disorder treatment and medical/surgical treatment persist. ERISA Preemption, evasive insurer behavior, lack of enforcement, and lack of consumer education continue to plague patients and healthcare professionals. On its own, federal …
Kicked Out, Kicked Again: The Discharge Review Boards’ Illiberal Application Of Liberal Consideration For Veterans With Post-Traumatic Stress Disorder, Jessica Lynn Wherry
Kicked Out, Kicked Again: The Discharge Review Boards’ Illiberal Application Of Liberal Consideration For Veterans With Post-Traumatic Stress Disorder, Jessica Lynn Wherry
Georgetown Law Faculty Publications and Other Works
In recent years, the Department of Defense (DoD) has responded to the growing awareness of mental health issues for military servicemembers during and after service. This Article focuses on veterans who have already been discharged from service, and specifically those who have been discharged under other-than-honorable conditions for misconduct that is likely the result of a mental health condition, including post-traumatic stress disorder (PTSD), traumatic brain injury, sexual assault, or sexual harassment. Thousands of former servicemembers have been kicked out of the military for misconduct rather than treated for mental health conditions they experienced due to their military service. When …
The Science Of Solitary: Expanding The Harmfulness Narrative, Craig Haney
The Science Of Solitary: Expanding The Harmfulness Narrative, Craig Haney
Northwestern University Law Review
The harmful effects of solitary confinement have been established in a variety of direct observations and empirical studies that date back to the nineteenth century, conducted in many different countries by researchers with diverse disciplinary backgrounds. This Essay argues that these effects should be situated and understood in the context of a much larger scientific literature that documents the adverse and sometimes life- threatening psychological and physical consequences of social isolation, social exclusion, loneliness, and the deprivation of caring human touch as they occur in free society. These dangerous conditions are the hallmarks of solitary confinement. Yet they are imposed …
Due Process Supreme Court Appellate Division
Mentally Ill, Or Mentally Ill And Dangerous?: Rethinking Civil Commitments In Minnesota, Eliot T. Tracz
Mentally Ill, Or Mentally Ill And Dangerous?: Rethinking Civil Commitments In Minnesota, Eliot T. Tracz
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin
Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin
D'Andre Devon Lampkin
This research project explores correctional rehabilitation and disconnects between correctional facilities and linkage to follow up mental health treatment. One of the components to releasing inmates is providing them with services that help reintroduce them into society. For the mentally ill, linkage to mental health services after spending any amount of time in a correctional facility is heavily dependent on follow through by the former inmate and the expediency and capacity of the mental health departments’ outpatient facilities within the community the former inmate is released into.
Don't Call Me Crazy: A Survey Of America's Mental Health System, Justin L. Joffe
Don't Call Me Crazy: A Survey Of America's Mental Health System, Justin L. Joffe
Chicago-Kent Law Review
Unfortunately, the typical exposure to mental illness for most Americans comes via tragic mass shootings or highly publicized celebrity mental breakdowns. However, the vast majority of mentally ill individuals are not violent murderers or hyper-tweeting celebrities. Rather, they are the ordinary, everyday people that make up the tens of millions of American adults suffering from some form of mental illness. The American mental health system has a lamentable history. The initial policy of locking up mentally ill individuals in jails transitioned to a system of confinement in asylums that quickly became notorious for their poor living conditions and treatment. The …
Introduction: Mental Health, Psychology, And The Law, Mary Kay Kisthardt
Introduction: Mental Health, Psychology, And The Law, Mary Kay Kisthardt
Faculty Works
The authors coordinated and edited a symposium law review issue on Mental Health, Psychology and the Law. The Introduction summarizes submissions that included a memoir from an author whose family members were consumers of mental health services, legal scholars and practitioners who use mental health evidence to defend clients facing the death penalty, and the duty of attorneys to tend to their own mental health care needs while dealing with these emotionally heavy issues.
Empathy For Psychopaths: Using Fmri Brain Scans To Plea For Leniency In Death Penalty Cases, Kimberly D. Phillips
Empathy For Psychopaths: Using Fmri Brain Scans To Plea For Leniency In Death Penalty Cases, Kimberly D. Phillips
Kimberly D Phillips
From Trusted Confidant To Witness For The Prosecution: The Case Against The Recognition Of A Dangerous-Patient Exception To The Psychotherapist-Patient Privilege, Deborah Paruch
The University of New Hampshire Law Review
[Excerpt] “In 1996, in Jaffee v. Redmond, the U.S. Supreme Court, pursuant to the authority set forth in Federal Rule of Evidence 501, recognized a psychotherapist-patient privilege in the federal courts. In doing so, the Court acknowledged the essential role that confidentiality plays in a therapist-patient relationship and also recognized the important role that psychotherapy plays in the mental health of the American citizenry. However, in dicta set out in a footnote near the conclusion of the opinion (footnote 19 of the opinion), the Court suggested that the privilege might not be absolute, that it might need to “give way …
An Uncertain Privilege: Implied Waiver And The Eviseration Of The Psychotherapist Patient Privilege In The Feral Courts, Deirdre M. Smith
An Uncertain Privilege: Implied Waiver And The Eviseration Of The Psychotherapist Patient Privilege In The Feral Courts, Deirdre M. Smith
Faculty Publications
Twelve years ago in Jaffee v. Redmond, 518 U.S. 1 (1996), the United States Supreme Court first recognized a federal common law psychotherapist-patient privilege and held that federal courts must protect confidential communications arising in psychotherapy despite the "likely evidentiary benefit" of such communications. This article examines the sharply conflicting authority in the federal courts that has developed since that landmark decision on the question of whether a plaintiff to a civil lawsuit waives the psychotherapist-patient privilege merely by seeking emotional distress damages. The federal courts' inconsistent and unprincipled approaches to this question renders the privilege itself nearly illusory and …
Benumbed, Carl E. Schneider
Benumbed, Carl E. Schneider
Articles
I originally intended to write a column on tort liability and research ethics, and I still plan to do so. But this column is a cri de coeur as I finish another semester teaching law and bioethics. This year, I asked with growing frequency, urgency, and exasperation, "Must law's reverence for autonomy squeeze out the impulse to kindness? Where is the beneficence in bioethics?" These questions assail me every term. Why? Consider Steele v. Hamilton County Community Mental Health Board. Mr. Steele was involuntarily "hospitalized after his family reported that he was 'seeing things and trying to fight imaginary …
Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo
Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo
Seattle University Law Review
This Article explores the establishment of mental health courts as a partial solution to the perplexing societal problem that relegates mentally ill offenders to a "revolving door" existence in and out of prisons and jails.This inescapable situation results from a paucity ofeffective humanitarian policies, laws, and procedures for treating such medically disordered defendants. The establishment of mental health specialty courts is investigated as a potential means of addressing the complex legal issues and psycho-sociological problems faced by the judicial system in dealing with mentally ill offenders.
Calling Dr. Love: The Physician-Patient Sexual Relationship As Grounds For Medical Malpractice - Society Pays While The Doctor And Patient Play, Scott M. Puglise
Calling Dr. Love: The Physician-Patient Sexual Relationship As Grounds For Medical Malpractice - Society Pays While The Doctor And Patient Play, Scott M. Puglise
Journal of Law and Health
This note examines "consensual" sexual relationships between non-mental health physicians and patients. More specifically, it examines whether such relationships ever amount to medical malpractice. Generally, a non-mental health physician would be liable under the rubric of medical malpractice only if the sexual relationship was commenced under the guise of "medical treatment." Recent cases, however, have expanded liability in certain circumstances when the physician-patient relationship has involved "counseling matters." "Counseling matters" describes talking to patients about their feelings, or discussing personal problems not necessarily related to their proposed treatment. Medical treatment supplemented by "counseling" purportedly requires greater scrutiny due to the …
Ex Parte Civil Commitment, Family Care-Givers, And Schizophrenia: A Therapeutic Jurisprudence Analysis, Éva Szeli
Seattle University Law Review
First, this Article will discuss schizophrenia and its impact on these individuals and their families. Family variables in the course of the disorder will be highlighted. Then, this Article will review the legal power afforded such families by ex parte provisions in civil commitment statutes using the involuntary examination portion of the Florida mental health code as a model. Finally, this Article will assess this system of civil commitment available to care-giving families in therapeutic jurisprudential terms, with recommendations for maximizing the therapeutic consequences and minimizing the antitherapeutic consequences of ex parte procedures.
True Protection For Persons With Severe Mental Disabilities, Such As Schizophrenia, Involved As Subjects In Research - A Look And Consideration Of The Protection Of Human Subjects , Anne J. Ryan
Journal of Law and Health
This article begins with an in-depth discussion of the UCLA incident followed by the history of protecting human research subjects and a review of the current law intended to protect research participants. Next, it explains the nature of schizophrenia and discusses the topic of schizophrenia and the informed consent process, explaining why persons with schizophrenia warrant more protection than is currently given, especially in the areas of monitoring and informed consent. This article also examines proposed ideas, from various sources, for better protection of the mentally disabled as research subjects. This article concludes with this writer's proposal as to how …
Justiciability And Mental Health, Lewis H. Larue
Justiciability And Mental Health, Lewis H. Larue
Washington and Lee Law Review
No abstract provided.
Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers
Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers
Articles
In 1930, Ford sold Fords only in black and states offered treatment for mental illness only in public mental hospitals. Today, new views of mental health care and mental health problems have begotten a galaxy of new treatment settings. Few cities can boast community-based programs sufficient to meet their needs, but almost all cities of any size rely increasingly on outpatient programs. The large public mental hospitals still stand, of course. Indeed, every year more people enter public hospitals than entered the year before. Over 400,000 Americans were admitted as inpatients to state and county mental hospitals last year.1 Partly …
Courts-Scope Of Authority-Sterilization Of Mental Defectives, William R. Warnock
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
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.
Criminal Law And Procedure--Insanity--Irresistible Impulse (Kleptomania)
Criminal Law And Procedure--Insanity--Irresistible Impulse (Kleptomania)
Michigan Law Review
In a prosecution for larceny, held that under a Minnesota statute evidence that defendant had an irresistible impulse to steal could not establish the defense of insanity. State v. Simenson, (Minn. 1935) 262 N. W. 638.
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Articles
MENTAL pain or anxiety the law cannot value, and does not pretend to redress, when the unlawful act complained of causes that alone. Lord Wensleydale's famous dictum in Lynch v. Knight will serve as a starting point for this discussion. His lordship's notion of mental pain is evidently that of a "state of mind" or feeling, hidden in the inner consciousness of the individual; an intangible, evanescent something too elusive for the hardheaded workaday common law to handle. Likewise, in that very interesting problem regarding recovery for damages sustained through fright, it is always assumed, tacitly or expressly, that mere …