Medicine and Health Sciences Commons^™

Beyond "Restoration Of Honor": Compensating Veterans For The Psychological Injuries Of The Gay And Transgender Bans, Evan R. Seamone

William & Mary Journal of Race, Gender, and Social Justice

This Article is titled “Beyond Restoration of Honor” specifically to introduce the policy priority of ensuring that all Sexual and Gender Identity Minority (SGIM) veterans who were harmed by...discriminatory policies [like Don't Ask, Don't Tell] can obtain and use Veterans Affairs (VA) disability benefits for injuries resulting from discrimination while in the military. While this Article highlights the value of codifying a series of specific SGIM stressor markers for PTSD in the VA’s regulations concerning personal assault and creating presumptions of service-connection for specific military experiences, existing laws and regulations permit service-connection for these injuries without further regulatory changes.

In …

Prosecuting Poverty, Criminalizing Care, Wendy A. Bach

William & Mary Law Review

In 2013, state legislators sitting at the heart of America’s opiate epidemic created the crime of fetal assault. Although they offered a fairly standard series of criminologic rationales to justify the legislation, they also posited that the creation of this crime was a precondition to secure treatment (or care) resources for women addicted to opiates. This extraordinary supposition—that criminalizing conduct creates a road to care—is an outgrowth of three interlinked socio-legal trends: the building of the carceral state, the criminalization of poverty, and the rapid growth, since the late 1980s, of a new generation of problem-solving courts. Framed in this …

Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts

Faculty Publications

No abstract provided.

Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann

William & Mary Journal of Race, Gender, and Social Justice

This Article analyzes, from both a doctrinal and theoretical perspective, the First Amendment speech interests at stake before the U.S. Court of Appeals for the Ninth Circuit in Welch v. Brown and Pickup v. Brown. Those cases pivot on a controversial California law banning mental health providers from performing sexual orientation change efforts (also known as conversion therapy) on minors. Two district court judges reached radically different conclusions about the First Amendment questions. The Article explores how a trio of recent Supreme Court decisions involving seemingly disparate factual scenarios—Brown v. Entertainment Merchants Association, United States v. Alvarez and Gonzales v. …

Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Assessing Substance Abuse And Mental Health Among Lawyers, Susan Grover, Mark R. Voss

Popular Media

No abstract provided.

Mothers Versus Babies: Constitutional And Policy Problems With Prosecutions For Prenatal Maternal Substance Abuse, Meghan Horn

William & Mary Journal of Race, Gender, and Social Justice

This note examines the constitutional and policy implications of criminal prosecutions for prenatal maternal substance abuse under statutes criminalizing drug delivery, child abuse, and manslaughter. Although only one of these convictions has been upheld in the thirty years since a prosecutor first brought such charges, prosecutors continue to propose new and increasingly inventive theories of prosecution. Not only do these cases present procedural due process, substantive due process, and equal protection problems, they also cannot be supported by public policy. The prosecutions are opposed by healthcare workers, pit the interests of mothers and unborn children against each other, and actually …

Curioser And Curioser: Involuntary Medications And Incompetent Criminal Defendents After Sell V. United States, Dora W. Klein

William & Mary Bill of Rights Journal

No abstract provided.

Confidentiality And Juvenile Mental Health Records In Dependency Proceedings, David R. Katner

William & Mary Bill of Rights Journal

Providing children's disclosures to their mental health therapists greater protection in juvenile dependency cases recognizes the importance of privacy in therapeutic communications. Numerous children are required by juvenile courts to divulge the most intimate details of their lives to mental health experts only to have those disclosures revealed in court proceedings. Reversing the presumption that children's mental health records may be discussed openly in dependency litigation and requiring courts to perform in camera reviews affords children the dignity and respect adults take for granted. Ensuring greater confidentiality for children's mental health records is one step the legal system should take …

Protecting The Fetus: The Criminalization Of Prenatal Drug Use, Kellam T. Parks

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

"Of Deaths Put On By Cunning And Forced Cause": Reality Bites The Tobacco Industry, Paul A. Lebel

William & Mary Law Review

No abstract provided.

The Fair Housing Act, Oxford House, And The Limits Of Local Control Over The Regulation Of Group Homes For Recovering Addicts, Douglas E. Miller

William & Mary Law Review

No abstract provided.