Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (212)
- University of Nebraska - Lincoln (23)
- New York Law School (17)
- Yeshiva University, Cardozo School of Law (6)
- Touro University Jacob D. Fuchsberg Law Center (5)
-
- Roger Williams University (4)
- The Peter A. Allard School of Law (4)
- Brooklyn Law School (3)
- Marquette University Law School (3)
- University of Maryland Francis King Carey School of Law (3)
- University of Michigan Law School (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Vanderbilt University Law School (3)
- Pepperdine University (2)
- St. Mary's University (2)
- University at Albany, State University of New York (2)
- University of Maine School of Law (2)
- University of Richmond (2)
- Washington and Lee University School of Law (2)
- William & Mary Law School (2)
- American University Washington College of Law (1)
- Association of American Law Schools (1)
- Brigham Young University Law School (1)
- California State University, San Bernardino (1)
- Chapman University (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Florida International University College of Law (1)
- Fordham Law School (1)
- Fordham University (1)
- Keyword
-
- Law (13)
- Mental illness (9)
- Criminal law (8)
- Discrimination (7)
- Mental health (7)
-
- SFFA (7)
- Affirmative Action (6)
- Constitution (6)
- ESG (6)
- Public health (6)
- Criminal justice (5)
- Death penalty (5)
- Disabilities (5)
- Disability (5)
- Diversity (5)
- Fourteenth Amendment (5)
- Justice (5)
- Mental Health (5)
- Reform (5)
- Securities and exchange commission (5)
- Sentencing (5)
- Addiction (4)
- Artificial intelligence (4)
- Children (4)
- Community (4)
- Criminalization (4)
- Housing (4)
- Insanity defense (4)
- Intellectual disability (4)
- International human rights law (4)
- Publication Year
- Publication
-
- Seattle University Law Review (187)
- Seattle Journal for Social Justice (25)
- Nebraska Journal on Advancing Justice (23)
- Articles & Chapters (13)
- All Faculty Publications (4)
-
- Cardozo Law Review (3)
- Faculty Scholarship (3)
- Michigan Law Review (3)
- NYLS Law Review (3)
- Touro Law Review (3)
- Cardozo Journal of Equal Rights & Social Justice (2)
- Faculty Publications (2)
- Journal of Law and Policy (2)
- Journal of Race, Gender, and Equality (2)
- Marquette Benefits and Social Welfare Law Review (2)
- Pepperdine Law Review (2)
- Pro Bono Collaborative Staff Publications (2)
- Psychology Faculty Scholarship (2)
- Scholarly Works (2)
- St. Mary's Law Journal (2)
- Vanderbilt Law School Faculty Publications (2)
- All Faculty Scholarship (1)
- Articles (1)
- BYU Law Review (1)
- Brooklyn Law Review (1)
- Cardozo Public Law, Policy & Ethics Journal (1)
- Cleveland State Law Review (1)
- Dickinson Law Review (2017-Present) (1)
- Electronic Theses, Projects, and Dissertations (1)
- FIU Law Review (1)
- Publication Type
Articles 301 - 330 of 335
Full-Text Articles in Disability Law
A Situational Approach To Incapacity And Mental Disability In Sexual Assault Law, Janine Benedet, Isabel Grant
A Situational Approach To Incapacity And Mental Disability In Sexual Assault Law, Janine Benedet, Isabel Grant
All Faculty Publications
Prosecutions for sexual assault most often focus on whether the Crown has proven that the complainant did not consent to the sexual activity in issue, based on her subjective state of mind at the time of the offence. However, Canadian criminal law also provides that no consent is obtained where the complainant is incapable of consenting. In cases where the complainant has a mental disability affecting cognition or decisionmaking, prosecutors in Canada have been reluctant to argue that the complainant was incapable of consenting. In this article, the authors agree that claims of incapacity should be used sparingly, but contend …
Online Mental Disability Law Education, A Disability Rights Tribunal, And The Creation Of An Asian Disability Law Database: Their Impact On Research, Training And Teaching Of Law, Criminology Criminal Justice In Asia, Michael L. Perlin, Heather Ellis Cucolo, Yoshikazu Ikehara
Online Mental Disability Law Education, A Disability Rights Tribunal, And The Creation Of An Asian Disability Law Database: Their Impact On Research, Training And Teaching Of Law, Criminology Criminal Justice In Asia, Michael L. Perlin, Heather Ellis Cucolo, Yoshikazu Ikehara
Articles & Chapters
Two professors at New York Law School (NYLS) and the director of the Tokyo Advocacy Law Office are engaged in initiatives with the potential to have major influences on the study of law, criminology, and criminal justice: the creation of a Disability Rights Tribunal for Asia and the Pacific (DRTAP), and expansion of NYLS’s online mental disability law program (OMDLP) to include numerous Asian venues.
DRTAP seeks to create a sub-regional body (a Commission and eventually a Court) to hear violations of the UN’s Convention on the Rights of Persons with Disabilities. This will explicitly inspire scholarship about issues such …
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Pepperdine Law Review
No abstract provided.
Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom
Pepperdine Law Review
No abstract provided.
Understanding Jurors’ Judgments In Cases Involving Juvenile Defendants: Effects Of Confession Evidence And Intellectual Disability, Cynthia J. Najdowski, Bette L. Bottoms
Understanding Jurors’ Judgments In Cases Involving Juvenile Defendants: Effects Of Confession Evidence And Intellectual Disability, Cynthia J. Najdowski, Bette L. Bottoms
Psychology Faculty Scholarship
Juveniles are at heightened risk for falsely confessing to crimes, particularly if they are intellectually disabled. We conducted a mock trial experiment to investigate the effects of a juvenile defendant’s confession and status as intellectually disabled on jurors’ decision making. As expected, jurors discounted a juvenile’s coerced confession: Jurors’ judgments were similar for a juvenile who was perceived to have confessed under coercion and a juvenile who did not confess. In general, these effects were explained by the fact that, compared to a juvenile who was perceived as having confessed voluntarily, a juvenile who was perceived as having confessed under …
The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography, Jean Mattimoe
The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography, Jean Mattimoe
Articles
The United States Supreme Court over the last decade has selectively whittled away at the scope and availability of the death penalty by exempting certain groups from execution under the Eighth Amendment. In 2002 the court ruled that executing mentally retarded criminals violates the Constitution's ban on cruel and unusual punishment. In 2005 the court ruled that the Constitution forbids the execution of individuals who were under the age of 18 when they committed their crimes. Currently there is an active debate on whether to extend the categorical exemptions created by the Court to the mentally ill. At the forefront …
Confine Is Fine: Have The Non-Dangerous Mentally Ill Lost Their Right To Liberty? An Empirical Study To Unravel The Psychiatrist’S Crystal Ball, Donald H. Stone
Confine Is Fine: Have The Non-Dangerous Mentally Ill Lost Their Right To Liberty? An Empirical Study To Unravel The Psychiatrist’S Crystal Ball, Donald H. Stone
All Faculty Scholarship
This Article will examine the reverse trend in civil commitment laws in the wake of recent tragedies and discuss the effect of broader civil commitment standards on the care and treatment of the mentally ill. The 2007 Virginia Tech shooting, the 2011 shooting of Congresswoman Giffords, and the 2012 Aurora movie theatre shooting have spurred fierce debates about the dangerousness of mentally ill and serve as cautionary tale about what happens when warning signs go unnoticed and opportunities for early intervention missed. This piece will explore the misconception about the role medication and inpatient civil commitments should play in prevention …
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Law Student Publications
Part II of this comment will discuss the existing issues that effectuate the tension between the criminal justice system and mentally ill offenders, which provides important context to the debate surrounding the establishment of MHCs. Part III will examine the recent federal support for alternative approaches to handling mentally ill offenders and the different operational tactics implemented by existing MHC programs. Finally, Part IV will study the launch of Virginia’s first MHC in Norfolk, while exploring the latest legislative defeat in Virginia, Senate Bill 158 of the 2010 General Assembly, which sought to establish MHCs statewide.
Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck
Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck
NYLS Law Review
No abstract provided.
Decriminalizing Students With Disabilities, Dean Hill Rivkin
Decriminalizing Students With Disabilities, Dean Hill Rivkin
NYLS Law Review
No abstract provided.
Jurors’ Perceptions Of Juvenile Defendants: The Influence Of Intellectual Disability, Abuse History, And Confession Evidence, Cynthia J. Najdowski, Bette L. Bottoms, Maria C. Vargas
Jurors’ Perceptions Of Juvenile Defendants: The Influence Of Intellectual Disability, Abuse History, And Confession Evidence, Cynthia J. Najdowski, Bette L. Bottoms, Maria C. Vargas
Psychology Faculty Scholarship
Understanding jurors’ perceptions of juvenile defendants has become increasingly important as more and more juvenile cases are being tried in adult criminal court rather than family or juvenile court. Intellectual disability and child maltreatment are overrepresented among juvenile delinquents, and juveniles (particularly disabled juveniles) are at heightened risk for falsely confessing to crimes. In two mock trial experiments, we examined the effects of disability, abuse history, and confession evidence on jurors’ perceptions of a juvenile defendant across several different crime scenarios. Abused juveniles were treated more leniently than nonabused juveniles only when the juvenile’s crime was motivated by self-defense against …
The Criminalization Of Mental Illness: How Theoretical Failures Create Real Problems In The Criminal Justice System, Georgia L. Sims
The Criminalization Of Mental Illness: How Theoretical Failures Create Real Problems In The Criminal Justice System, Georgia L. Sims
Vanderbilt Law Review
When Andrea Yates drowned her five children, she believed she was preventing Satan from infiltrating their souls. Rusty Yates blamed both the mental health system and the criminal justice system for his wife's actions and also for her initial conviction. Andrea Yates suffered from post-partum depression and psychosis; had attempted suicide twice; had been hospitalized on several occasions for psychiatric treatment; and was found not guilty by reason of insanity in her 2006 retrial.' Although Yates likely will spend the rest of her life in a mental institution, she will receive mental health treatment throughout her time at the facility. …
Reconceptualizing Competence: An Appeal, Mae C. Quinn
Reconceptualizing Competence: An Appeal, Mae C. Quinn
Journal Articles
No abstract provided.
The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill
The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill
Articles & Chapters
The question of how courts assess expert evidence - especially when mental disability is an issue - raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (‘cherry picking’ evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The …
Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer
Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer
Articles & Chapters
No abstract provided.
An Uncertain Privilege: Implied Waiver And The Eviseration Of The Psychotherapist Patient Privilege In The Federal Courts, Deirdre M. Smith
An Uncertain Privilege: Implied Waiver And The Eviseration Of The Psychotherapist Patient Privilege In The Federal 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 …
Involuntary Outpatient Commitment: Some Th Oughts On Promoting A Meaningful Dialogue Between Mental Health Advocates And Lawmakers, Henry A. Dlugacz
Involuntary Outpatient Commitment: Some Th Oughts On Promoting A Meaningful Dialogue Between Mental Health Advocates And Lawmakers, Henry A. Dlugacz
NYLS Law Review
No abstract provided.
Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Evidentiary And Procedural Issues, Janine Benedet
Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Evidentiary And Procedural Issues, Janine Benedet
All Faculty Publications
When a woman with a mental disability makes a complaint of sexual assault, she must confront a criminal trial process that was not designed in contemplation of her as a witness. The requirements of repeated testimony under oath and the ability to be cross-examined are not always well-suited to the particular needs and capacities of women with mental disabilities. These problems are magnified by the tendency to infantilize women with mental disabilities, thereby diminishing their credibility and depicting them as hypersexual when they engage in any sexual activity. These stereotypes also manifest themselves in the application of evidentiary rules relating …
An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin
An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin
Articles & Chapters
No abstract provided.
Emotional Competence, "Rational Understanding," And The Criminal Defendant, Terry A. Maroney
Emotional Competence, "Rational Understanding," And The Criminal Defendant, Terry A. Maroney
Vanderbilt Law School Faculty Publications
Adjudicative competence, more commonly referred to as competence to stand trial, is a highly under-theorized area of law. Though it is well established that, to be competent, a criminal defendant must have a "rational" as well as 'factual" understanding of her situation, the meaning of such "rational understanding" has gone largely undefined. Given the large number of criminal prosecutions in which competence is at issue, the doctrine's instability stands in stark contrast to its importance. This Article argues that adjudicative competence, properly understood, asks whether a criminal defendant has capacity to participate meaningfully in the host of decisions potentially required …
Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker
Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber
Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber
Faculty Scholarship
States around the country have begun to adopt programs to divert drug offenders from jails and prisons to community-based drug treatment services. For this strategy to succeed, local officials will need to expand the availability of outpatient and residential treatment programs and address the barriers to siting treatment services, the most significant of which are community opposition and government zoning policies that facilitate community resistance. Civil rights laws, including the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA), prohibit zoning discrimination against persons with histories of alcoholism and drug dependence and provide a solid legal foundation for …
Restored To Health To Be Put To Death: Reconciling The Legal And Ethical Dilemmas Of Medication To Execute In Singleton V. Norris, Kursten Hensl
Restored To Health To Be Put To Death: Reconciling The Legal And Ethical Dilemmas Of Medication To Execute In Singleton V. Norris, Kursten Hensl
Villanova Law Review (1956 - )
No abstract provided.
An End To Insanity: Recasting The Role Of Mental Disability In Criminal Cases, Christopher Slobogin
An End To Insanity: Recasting The Role Of Mental Disability In Criminal Cases, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article argues that mental illness should no longer be the basis for a special defense of insanity. Instead, mental disorder should be considered in criminal cases only if relevant to other excuse doctrines, such as lack of mens rea, self-defense and duress, as those defenses have been defined under modern subjectively-oriented codes. With the advent of these subjectively defined doctrines (a development which, ironically, took place during the same period that insanity formulations expanded), the insanity defense has outlived its usefulness, normatively and practically. Modern official formulations of the defense are overbroad because, fairly construed, they exculpate the vast …
Is Hiv "Extraordinary"?, Jordan B. Hansell
Is Hiv "Extraordinary"?, Jordan B. Hansell
Michigan Law Review
The Sentencing Reform Act of 1984 (the "Act") attempts to reduce inconsistencies in the sentences of defendants convicted of comparable crimes. The Act created a Sentencing Commission (the "Commission") and authorized it to promulgate a set of sentencing guidelines to steer judicial decisionmaking. To fulfill this mandate, the Commission drafted the Federal Sentencing Guidelines (the "Guidelines"), which Congress enacted in 1987. Although Congress wanted to eliminate sentencing disparities, it also wanted to allow some degree of individualized sentencing. To achieve the correct balance, the Commission created three categories of characteristics: those a court must consider in sentencing each defendant; those …
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'
The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin
The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin
Articles & Chapters
No abstract provided.
Presumptions And Burdens Of Proof In Determining Competency To Stand Trial: An Analysis Of Medina V. California And The Supreme Court's New Due Process Methodology In Criminal Cases, Bruce J. Winick
University of Miami Law Review
No abstract provided.
Postpartum Psychosis As A Defense To Infant Murder, Barbara E. Rosenberg
Postpartum Psychosis As A Defense To Infant Murder, Barbara E. Rosenberg
Touro Law Review
No abstract provided.