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Mental health

University of Missouri School of Law

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Full-Text Articles in Law

Mental-Mental Claims--Placing Limitations On Recovery Under Workers' Compensation For Day-To-Day Frustrations, Natalie D. Riley Nov 2000

Mental-Mental Claims--Placing Limitations On Recovery Under Workers' Compensation For Day-To-Day Frustrations, Natalie D. Riley

Missouri Law Review

No abstract provided.


Wrongful Life, Wrongful Birth, Wrongful Death, And The Right To Refuse Treatment: Can Reasonable Jurisdictions Recognize All But One, Mark Strasser Jan 1999

Wrongful Life, Wrongful Birth, Wrongful Death, And The Right To Refuse Treatment: Can Reasonable Jurisdictions Recognize All But One, Mark Strasser

Missouri Law Review

One of the most controversial birth-related torts is the wrongful life action in which a plaintiff sues for damages, claiming that he would have been better off never having lived at all and, but for defendant's negligence, would not in fact have lived. Most jurisdictions refuse to recognize this cause of action. However, the justifications for those refusals are often unpersuasive, since the acceptance of those rationales would imply that other existing practices must be changed. For example, although wrongful life and wrongful birth are different actions involving different duties and harms, many of the rationales for and against recognizing …


Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca Jan 1999

Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca

Missouri Law Review

People have long perceived a connection between mental and even physical illness and spiritual anguish. Yet, modem culture tends to view both types of illness from an increasingly medical perspective, seeking a genetic or environmental explanation. In most cases, this "medical model" is probably the best approach, even if it is imperfect. First, the purely medical explanation may be accurate. Second, even if it is not accurate, treating the symptoms of a disease with a spiritual source is probably far easier than treating the source itself. Ultimately, however, we must take note that disease is often not the result of …


The Authority Of A Guardian To Commit An Adult Ward, David M. English Jul 1996

The Authority Of A Guardian To Commit An Adult Ward, David M. English

Faculty Publications

Placement in a mental health facility may be made through either a voluntary or involuntary commitment. Involuntary commitment usually requires a number of protective safeguards, including a court hearing, the appointment of counsel, and the meeting of a statutory criterion such as danger to self or others. Voluntary commitment is much more informal, with a written application and clinical assessment being all that is normally required. Most voluntary commitments are made upon application.of a patient who has the ability to give informed consent. But in a substantial number of states an individual also may be committed by his or her …


Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika Lietzan Apr 1995

Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika Lietzan

Faculty Publications

This article examines preventive outpatient commitment, which targets those not ill or dangerous enough to be committed to inpatient facilities under state commitment laws. After discussing the history and design of the NC scheme, it explores constitutional and practical difficulties. Ultimately, it argues that individualized case management through local mental health clinics is the more effective and humane way of serving the interests of both the individual and the state.