Law and Psychology Commons^™

Homo Psychologicus: Notes On A New Legal Formalism, William H. Simon

Faculty Scholarship

Having survived the assault of the Realists earlier in this century, the doctrinal tradition in legal theory and legal education is undergoing a second wave of criticism. Again, doctrinal writing and education is charged with promoting a conservative ideological perspective and with ignoring the practical tasks of lawyering. Law schools are criticized for failing both to train competent practitioners and to instill in their students an appropriate sense of "responsibility."

One of the most interesting aspects of this second wave of criticism has been the emergence of a new style of discourse about law inspired by psychology. This style, which …

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

Articles & Chapters

No abstract provided.

Public Law 94-103: An Implied Private Right Of Action To Enforce The Right To Treatment For Institutionalized Mentally Retarded Persons, John Cahalan

Indiana Law Journal

No abstract provided.

The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider

Michigan Law Review

A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman

On Tapp (And Levine), Michael J. Saks

Michigan Law Review

A Review of Law, Justice, and the Individual in Society: Psychological and Legal Issues edited by June Louin Tapp and Felice J. Levine

Book Review: H. Fingarette & A. Fingarette Hasse, Mental Disabilities And Criminal Responsibilities, John Q. La Fond

Seattle University Law Review

Whether mental illness and related impairments in the human psyche should affect an individual's criminal responsibilityfor law-breaking behavior has always provoked intense andwide-ranging debate. This debate clearly reflects society's lack of consensus concerning the appropriateness and scope of considering mental impairment in assessing individual criminal responsiblility. Thus, it is not unexpected that recently proposals to abolish the insanity defense have been seriously suggested or that noted scholars have urged society to place the disposition of mentally ill offenders in the exclusive hands of experts. That this heated discussion continues unabated should come as no surprise, since legal doctrines which excuse …

Psychosurgery And The Involuntarily Confined, John P. Kopesky

Villanova Law Review (1956 - )

No abstract provided.

Negligence - Recovery For Negligently Inflicted Mental Distress Permitted To Mother Who Witnessed The Violent Death Of Her Child Even Though The Mother Was Outside Zone Of Danger, Bruce A. Issadore

Villanova Law Review (1956 - )

No abstract provided.

The Psychological Stress Evaluator: The Theory, Validity And Legal Status Of An Innovative "Lie Detector", William H. Kenety

Indiana Law Journal

No abstract provided.

Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann

Faculty Scholarship

Under the aegis of President John Kennedy, Congress first began to concern itself with the needs of the mentally ill over two decades ago. Bills providing for community mental health centers and congregate housing have appeared subsequently to attempt to expedite integration of the mentally ill into community life. These congressional mandates, however, have met with reluctance-if not hostility. While federal law makers have been the champion of deinstitutionalization, they have placed responsibility for implementation of their programs on the state and local levels. There, local governmental authorities have reacted defensively to exclude the mentally ill from their neighborhoods, primarily …

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.

The Constitutionality Of Michigan's Guilty But Mentally Ill Verdict, John M. Grostic

University of Michigan Journal of Law Reform

This article will assess the constitutionality of the statute providing for a GBMI verdict by examining the likely, impact of this statute on the constitutional rights of legally insane defendants. Part I will briefly outline the relevant provisions of the GBMI statute. Part II will consider whether legally insane defendants have a constitutional right to an insanity defense. Part III will then argue that some defendants, though legally insane at the time they committed allegedly criminal acts, will nevertheless be found GBMI rather than NGRI.

Due Process And The Insanity Defense: The Supreme Court's Retreat From Winship And Mullaney, Jeffrey A. Burger

Indiana Law Journal

No abstract provided.

The Lawyer In The Interviewing And Counselling Process, By Andrew S. Watson, Margaret C. Attridge

Indiana Law Journal

No abstract provided.

Post Hoc Evaluations Of Obviousness: Preliminary Report Of An Attempt To Identify, Empirically, The Characteristics Of A Superior Evaluator, Juanita V. Field, Thomas G. Field Jr.

Law Faculty Scholarship

Over a century and a quarter have passed since the Supreme Court in Hotchkiss v. Greenwood held that more than mere novelty is necessary to support a valid patent. Congress, after 100 years of experience with a concept which came to be called "invention," attempted to improve the situation by requiring that an invention not be "obvious" if it is to be patented. It seems safe to say that in the intervening time the doctrine of non-obviousness has not developed into a foolproof yardstick for measuring the quality of cerebral or other effort necessary to make an advance over the …

Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert

Articles

This study uses hearing transcripts to examine judge-defendant interaction in a trial-type setting. The setting is a public housing eviction hearing; judges are eviction board members and defendants are tenants facing eviction for non-payment of rent. All tenants in the sample were formally evicted, but in each case the execution of the eviction order was stayed on the condition that the tenant pay his rent. Two forms of verbal interaction are identified. The first, “moralizing” is deemed present when one or more board members directs a degrading remark toward the tenant. The second, “cooling in” is deemed present when one …

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 …

Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi

Publications

No abstract provided.

Regulation Of Electroconvulsive Therapy, Michigan Law Review

Michigan Law Review

Regulation of ECT has generally focused on whether the patient or his representative effectively consented to the treatment. The highly intrusive nature of ECT and the unique circumstances of those patients who are likely to receive it create particularly difficult legal issues concerning the validity of the patient's consent. This Note will examine the various methods that are available to protect the rights of patients for whom ECT is proposed. After briefly explaining the nature of the therapy, the Note will discuss the efficacy of judicial remedies with respect to both competent and incompetent patients. It will argue that, because …

Another Visit To The Man Divided: A Justification For The Law Teacher's Schizophrenia, John L. Costello Jr.

Journal of Legal Education

No abstract provided.

Report Of Seminar On Law And Medicine, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles M. Leibson, John A. Krichbaum, Paul A. Van Pernis, William C. Ball, Galen J. White, Harry N. Peterson, B. J. Anderson, Harvey L. Ruben, William D. Weitzel, Oliver Grant Bruton Jr., Oliver H. Barber Jr., Joe C. Savage, Robert J. Turnley, William G. Winter, L. T. Grant, William D. Grubbs, Charles Landrum Jr., Leslie G. Whitmer, Robert Rich, Edward A. Rothschild

Continuing Legal Education Materials

Reports from the UK/CLE Seminar on Law and Medicine held May 26-28, 1976.

Constitutional Law - Due Process - Prior To Voluntary Commitment By A Parent Or Guardian To A State Mental Institution, Children Under The Age Of 18 Are Entitled To Specific Procedural Due Process Rights Which Cannot Be Waived By The Committing Adult, Mark J. Levin

Villanova Law Review (1956 - )

No abstract provided.

Michigan's Revised Mental Health Code, William David Serwer

University of Michigan Journal of Law Reform

This note will evaluate the three chapters of the Michigan Code which present the most significant legislative attempts to safeguard the rights of the mentally ill. Chapter Four of the Code extends several traditional due process guarantees to the civil commitment process. By guaranteeing the right to adequate notice, the right to be present at the hearing, the right to be represented by counsel, and the right to notice of trial by jury, the Code offers better protection from unwarranted commitment. However, due to the difficulty of defining mental illness and accurately identifying those in need of treatment, the possibility …

Right To Voluntary, Compensated, Therapeutic Work As Part Of The Right To Treatment: A New Theory In The Aftermath Of Souder, Michael L. Perlin

Articles & Chapters

No abstract provided.

Book Review: Involuntary Treatment Of The Mentally Ill, By Michael Peszke, Michael L. Perlin

Other Publications

No abstract provided.

A Mental Patient's Right To Vote: An Analysis Of The Wild Case, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article is an analysis of the Wild case that was heard on 15 June 1976 by Judge Lloyd Jones of the County Court, Warrington.

In order to vote, the person's name must appear on the register of electors as a resident of a particular locality. Any place where the elector legitimately resides (even a hostel, a general hospital or a university) may be used as an address which qualifies a person for entry onto the register. The one exception is found in section 4(3) of the Representation of the People Act 1949, as amended by the Mental Health Act, …

Donaldson V. O'Connor: Constitutional Right To Treatment For The Involuntarily Civilly Committed, Leonard T. Jernigan

North Carolina Central Law Review

No abstract provided.

Sentencing: A Study Of The Effects Of Presentence Report Recommendations Upon The Sentencing Practices Of Judges In Multnomah County, Oregon, John George Gardin Ii

Dissertations and Theses

The process of judicial decision-making is not well understood. This paper has tried to shed some light on that process by examining the impact of presentence report recommendations upon the sentences handed down by the judges of a circuit court. Very little empirical work has been done on this problem, even though the presentence report recommendation is generally regarded by those in the judicial system as extremely important to the sentencing process.

Administrative Discharge Procedures For Involuntary Civilly-Committed Mental Patients: An Alternative, Barbara Woodall Kragie

Indiana Law Journal

No abstract provided.