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Articles 121 - 150 of 153
Full-Text Articles in Law and Psychology
Sanism, Social Science, And The Development Of Mental Disability Law Jurisprudence, Michael L. Perlin, D.A. Dorfman
Sanism, Social Science, And The Development Of Mental Disability Law Jurisprudence, Michael L. Perlin, D.A. Dorfman
Articles & Chapters
This article examines the way that "sanist" attitudes (attitudes driven by the same kind of irrational, unconscious and bias-driven stereotypes exhibited in racist and sexist decisionmaking) lead to "pretextual" decisions (in which dishonest testimony is either explicitly or implicitly accepted) in mental disability law jurisprudence. In conjunction with these sanist ends, social science data is teleologically employed by legal decisionmakers, so that it is privileged when it supports a conclusion that the fact-finder wishes to reach but subordinated when it questions such a conclusion. The article examines recent Supreme Court cases in an effort to determine the extent of domination …
Snips And Snails And Puppy Dogs’ Tails, That’S What Little Boys Are Made Of. Book Reviews Of American Manhood: Transformations In Masculinity From The Revolution To The Modern Era, By E. Anthony Rotundo, And Power At Play: Sports And The Problem Of Masculinity, By Michael A. Messner, Carlin Meyer
Articles & Chapters
No abstract provided.
On Sanism, Michael L. Perlin
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Articles & Chapters
No abstract provided.
Tarasoff And The Dilemma Of The Dangerous Patient: New Directions For The 1990’S, Michael L. Perlin
Tarasoff And The Dilemma Of The Dangerous Patient: New Directions For The 1990’S, Michael L. Perlin
Articles & Chapters
No abstract provided.
Competency, Deinstitutionalization, And Homelessness: A Story Of Marginalization, Michael L. Perlin
Competency, Deinstitutionalization, And Homelessness: A Story Of Marginalization, Michael L. Perlin
Articles & Chapters
No abstract provided.
Power Imbalances In Therapeutic And Forensic Relationships, Michael L. Perlin
Power Imbalances In Therapeutic And Forensic Relationships, Michael L. Perlin
Articles & Chapters
This article examines the ways that power imbalances affect relationships in the forensic mental disability system and between therapists and their clients. It considers the impact of the "dual loyalty" dilemma on forensic relationships, the manner in which courts deal with this dilemma, and suggests several points of commonality that arise around such power conflicts. It also examines recent litigation involving therapeutic relationships, and attempts to extract doctrinal threads from these cases. Finally, it recommends that, in order for the judicial system to attempt to correct any of the underlying imbalances, courts and jurors must openly come to grips with …
Unpacking The Myths: The Symbolism Mythology Of Insanity Defense Jurisprudence, Michael L. Perlin
Unpacking The Myths: The Symbolism Mythology Of Insanity Defense Jurisprudence, Michael L. Perlin
Articles & Chapters
The insanity defense has been the subject of great controversy. A review of the jurisprudential debate, infamous cases, judicial and legislative decision-making, media coverage, as well as public attitudes, when read in light of scientific and empirical research, reveals a gaping disparity between what we know and how we think about the mentally ill and the insanity defense. The Author argues that this disparity is the result of several operational myths about the mentally ill and the insanity defense. In this Article, the Author focuses on the role of psychiatry, psychology, and mental illness in the law, specifically addressing how …
Psychodynamics And The Insanity Defense: Ordinary Common Sense And Heuristic Reasoning, Michael L. Perlin
Psychodynamics And The Insanity Defense: Ordinary Common Sense And Heuristic Reasoning, Michael L. Perlin
Articles & Chapters
No abstract provided.
Aids-Related Dementia And Competency To Stand Trial: A Potential Abuse Of The Forensic Mental Health System?, Michael L. Perlin, Joel Dvoskin
Aids-Related Dementia And Competency To Stand Trial: A Potential Abuse Of The Forensic Mental Health System?, Michael L. Perlin, Joel Dvoskin
Articles & Chapters
No abstract provided.
Are Courts Competent To Decide Competency Questions? Stripping The Facade From United States V. Charters, Michael L. Perlin
Are Courts Competent To Decide Competency Questions? Stripping The Facade From United States V. Charters, Michael L. Perlin
Articles & Chapters
No abstract provided.
Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin
Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin
Articles & Chapters
No abstract provided.
The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss?, Michael L. Perlin
The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss?, Michael L. Perlin
Articles & Chapters
No abstract provided.
Ten Years After: Evolving Mental Health Advocacy And Judicial Trends, Michael L. Perlin
Ten Years After: Evolving Mental Health Advocacy And Judicial Trends, Michael L. Perlin
Articles & Chapters
No abstract provided.
State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin
State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin
Articles & Chapters
No abstract provided.
Economic Rights Of The Institutionalized Mentally Disabled, Michael L. Perlin
Economic Rights Of The Institutionalized Mentally Disabled, Michael L. Perlin
Articles & Chapters
No abstract provided.
Treatment Refusals For The Critically And Terminally Ill: Proposed Rules For The Family, The Physician, And The State, Stephen A. Newman
Treatment Refusals For The Critically And Terminally Ill: Proposed Rules For The Family, The Physician, And The State, Stephen A. Newman
Articles & Chapters
No abstract provided.
The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss, Michael L. Perlin
The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss, Michael L. Perlin
Articles & Chapters
No abstract provided.
Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin
Articles & Chapters
No abstract provided.
State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin
State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin
Articles & Chapters
No abstract provided.
The Supreme Court, The Mentally Disabled Criminal Defendant, Psychiatric Testimony In Death Penalty Cases, And The Power Of Symbolism: Dulling The Ake In Barefoot’S Achilles Heel, Michael L. Perlin
Articles & Chapters
No abstract provided.
The United States Supreme Court And Mental Health Law: A Retrospective, Michael L. Perlin
The United States Supreme Court And Mental Health Law: A Retrospective, Michael L. Perlin
Articles & Chapters
No abstract provided.
The Use Of Statistical Evidence Of Identification In Civil Litigation: Well-Worn Hypotheticals, Real Cases, And Controversy., James Brook
Articles & Chapters
The process of forensic proof, like many decision making procedures, is a complex admixture of questions, some of which are easy and some of which are hard. What is curious, however, is that in law, un-like most other fields of endeavor in which fact finding is crucial, the incorporation of data in quantitative rather than qualitative form apparently is thought to make the decisions not easier, but more difficult. To be sure, numerical evidence and analysis is not unknown in the law,! but in the minds of many courts and individuals the possibility of "trial by the numbers" is greeted …
The Insanity Defense Under Siege: Legislative Assaults And Legal Rejoinders, Joseph H. Rodriguez, Laura M. Lewinn, Michael L. Perlin
The Insanity Defense Under Siege: Legislative Assaults And Legal Rejoinders, Joseph H. Rodriguez, Laura M. Lewinn, Michael L. Perlin
Articles & Chapters
No abstract provided.
Reliable Identification: Could The Supreme Court Tell In Manson V. Brathwaite, Randolph N. Jonakait
Reliable Identification: Could The Supreme Court Tell In Manson V. Brathwaite, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
An Invitation To The Dance: An Empirical Response To Chief Justice Warren Burger’S ‘Time-Consuming Procedural Minuets’ Theory In Parham V. J.R., Michael L. Perlin
An Invitation To The Dance: An Empirical Response To Chief Justice Warren Burger’S ‘Time-Consuming Procedural Minuets’ Theory In Parham V. J.R., Michael L. Perlin
Articles & Chapters
No abstract provided.
The Legal Status Of The Psychologist In The Courtroom, Michael L. Perlin
The Legal Status Of The Psychologist In The Courtroom, Michael L. Perlin
Articles & Chapters
No abstract provided.
Rights Of Ex-Patients In The Community: The Next Frontier?, Michael L. Perlin
Rights Of Ex-Patients In The Community: The Next Frontier?, Michael L. Perlin
Articles & Chapters
No abstract provided.
Après The Acquittal, Le Déluge: Release Procedures And Allocation Of The Burden Of Proof In Subsequent Review Hearings Following A Finding Of ‘Not Guilty By Reason Of Insanity’ In State Of New Jersey V. Herta Fields, Michael L. Perlin
Articles & Chapters
No abstract provided.
Legal Status Of The Psychologist In The Courtroom, Michael L. Perlin
Legal Status Of The Psychologist In The Courtroom, Michael L. Perlin
Articles & Chapters
In discussing the legal status of the psychologist in the courtroom, the more important but hidden issue of the social status of the psychologist must also be explored. Thus, although psychologists now routinely testify as expert witnesses on a whole range of issues in criminal and civil matters, a perception lingers in the minds of judges and jurors that the psychologist is a "second-rate" expert compared to the forensic psychiatrist. The roots of this assumption are examined, and it is suggested that psychologists themselves have helped perpetuate this myth. On the other hand, psychologists clearly do have special skills and …