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Mental health

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Articles 61 - 89 of 89

Full-Text Articles in Health Law and Policy

Decoding Right To Refuse Treatment Law, Michael L. Perlin Jan 1993

Decoding Right To Refuse Treatment Law, Michael L. Perlin

Articles & Chapters

No abstract provided.


Introduction: Caring For The Nation--Current Issues In Health Care Reform, Susan E. Powley May 1992

Introduction: Caring For The Nation--Current Issues In Health Care Reform, Susan E. Powley

Vanderbilt Law Review

Health care reform is once again on the "front burner" of American politics. With health care costs in the United States rising at three times the rate of inflation and an increasing portion of the population falling through the cracks of the current health care delivery system,' legislators, health care professionals, and the population at large now have little difficulty agreeing that the system is badly in need of reform. This consensus, however, falls apart when discussion turns to what needs to be fixed and how to fix it. Federal legislators currently have over twenty health bills pending before them ...


Justice, Mental Health, And Therapeutic Jurisprudence, David B. Wexler Jan 1992

Justice, Mental Health, And Therapeutic Jurisprudence, David B. Wexler

Cleveland State Law Review

Mental health law advocates and even scholars have typically been hostile toward, afraid of, or at best indifferent to, the mental health disciplines (mainly psychiatry and psychology) and their practitioners. Learning to be skeptical of supposed scientific expertise is an important lesson, and the law should never simply defer to psychiatry and the related disciplines. But to the extent that the legal system now ignores developments in the mental health disciplines, the lesson of healthy skepticism has been overlearned. It is my thesis, then, that those of us interested in 'justice" in mental health law ought not to adopt the ...


The Justice Mission And Mental Health Law, Steven R. Smith Jan 1992

The Justice Mission And Mental Health Law, Steven R. Smith

Cleveland State Law Review

Mental health law's concern with justice, so much a part of the discussion of civil commitment, the insanity defense and other traditional mental health subjects, has been a neglected subject in one important area. Malpractice claims against mental health professionals commonly are slow, expensive and embarrassing for the professional and the injured. Processing these claims creates great stress on plaintiffs and defendants alike. The legal system has been insensitive to the harm it inflicts on mental health patients who pursue malpractice claims. Too often even patients' lawyers have also ignored the potential for harm. Because the current system conflicts ...


Rights Within The Therapeutic Relationship, Patricia King Jan 1991

Rights Within The Therapeutic Relationship, Patricia King

Journal of Law and Health

My thesis is that the failure of these rights to be implemented in any meaningful way for persons with mental illness is the result of a narrow image of rights which emphasizes the individual, valuing autonomy independent of care, and sacrifices relationship and the connection to the community. By conceiving of rights in such a way, we strengthen the individual but do not address the reality of the context or relationship within which persons with mental illness will actualize these rights. This failure to recognize and account for the disequilibrium within therapeutic relationships and the necessity of caring within such ...


Mental Health Care For Children: Before And During State Custody, The Honorable K. Edward Greene Jan 1990

Mental Health Care For Children: Before And During State Custody, The Honorable K. Edward Greene

Campbell Law Review

This Article...suggests the need to attend more carefully to the care of children after they are removed from their homes. Specifically, it will address the state's obligation to provide mental health care to children in the home and to those removed from the home and in state custody.


The Freedom To Be Psychotic, Joram Graf Haber Jan 1988

The Freedom To Be Psychotic, Joram Graf Haber

Journal of Law and Health

The following will examine both involuntary commitment and deinstitutionalization, as well as some recent and rather novel proposals that have been championed by those who advocate neither. I refer here to the so called "Ulysses Contract" as well as to "mandatory out-patient treatment." My concern is primarily with the moral and legal aspects of these practices and to that end will focus on more conceptual matters. I will conclude by defending a concept of freedom which does greater justice to patients' needs than does the one currently employed.


Ten Years After: Evolving Mental Health Advocacy And Judicial Trends, Michael L. Perlin Jan 1987

Ten Years After: Evolving Mental Health Advocacy And Judicial Trends, Michael L. Perlin

Fordham Urban Law Journal

"Address to the Mental Health Legal Advocacy Symposium, "Current Issues in Law and Psychiatry," New York, New York, May 30, 1985." This speech provides an overview of trends in mental disability law as they evolved from 1972 to 1982. It also explores social, economic, and political developments impacting on mental health advocacy, and looks at both seminal supreme court cases and lower courts' responses. It finds an ambivalent Supreme Court without a clear position on many issues related to mentally disabled individuals.


Foreword: Public Health & The Law—A Symposium Dedicated To Professor William J. Curran, Lawrence O. Gostin Jan 1987

Foreword: Public Health & The Law—A Symposium Dedicated To Professor William J. Curran, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This essay serves as the foreword to Public Health & the Law, a symposium dedicated to Professor William J. Curran held in 1987.

During his career, Professor Curran chaired the Harvard School of Public Health Committee on Human Research; he directed the Program in Law and Public Health; and he was co-director of the Harvard Interfaculty Program in Medical Ethics from 1973 to 1980. He was also an advisor to the World Health Organization and spent two sabbatical periods in Europe with WHO organizations. He advised and lectured in countries throughout the world.

At Harvard Law School and at the Harvard School of Public Health, Professor Curran educated three generations of lawyers who have gone on to hold varied positions of influence in the field of health law--from academia to ...


Review Of The Reign Of Error: Psychiatry, Authority, And Law, Linda C. Fentiman Jan 1985

Review Of The Reign Of Error: Psychiatry, Authority, And Law, Linda C. Fentiman

Pace Law Faculty Publications

No abstract provided.


The Theory And Practice Of Civil Commitment, Andrew Scull Feb 1984

The Theory And Practice Of Civil Commitment, Andrew Scull

Michigan Law Review

A Review of The Court of Last Resort: Mental Illness and the Law by Carol A.B. Warren, contributions by Stephen J. Morse and Jack Zusman


The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review Feb 1984

The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review

Michigan Law Review

A Review of The Insanity Plea: The Uses and Abuses of the Insanity Defense by William J. Winslade and Judith Wilson Ross


Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch Feb 1984

Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch

Michigan Law Review

A Review of Madness and the Criminal Law by Norval Morris


The Propriety Of Denying Entry To Homosexual Aliens: Examining The Public Health Service's Authority Over Medical Exclusions, Robert Poznanski Jan 1984

The Propriety Of Denying Entry To Homosexual Aliens: Examining The Public Health Service's Authority Over Medical Exclusions, Robert Poznanski

University of Michigan Journal of Law Reform

This Note defends the position that the PHS has the authority to define homosexuality for the purpose of the section 212(a)(4) exclusion, and that the PHS definition is binding upon the INS. Therefore, the PHS's decision to refuse to examine aliens for homosexuality precludes the INS from excluding aliens on that basis. Part I of this Note traces the history of the policy of excluding homosexual aliens. Part II maintains that, regardless of the psychiatric profession's interpretation of ''psychopathic personality,'' Congress intended the expression to encompass homosexuality. Part III contends that Congress intended to empower the ...


Mental Health Law: Major Issues, Michigan Law Review Mar 1982

Mental Health Law: Major Issues, Michigan Law Review

Michigan Law Review

A Review of Mental Health Law: Major Issues by David B. Wexler


Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review Mar 1981

Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review

Michigan Law Review

A Review of Conscience and Convenience: The Asylum and Its Alternatives in Progressive America by David J. Rothman


Missouri's New Mental Health Act: The Problems With Progress, Valerie Hughes Staulcup Jan 1979

Missouri's New Mental Health Act: The Problems With Progress, Valerie Hughes Staulcup

Washington University Law Review

No abstract provided.


"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne N. Henderson Jan 1979

"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


Regulation Of Electroconvulsive Therapy, Michigan Law Review Dec 1976

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 ...


Michigan's Revised Mental Health Code, William David Serwer Jan 1976

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 ...


Hew Proposed Policy On The Protection Of Human Subjects: Experimentation And The Institutionalized Mentally Disabled Jan 1975

Hew Proposed Policy On The Protection Of Human Subjects: Experimentation And The Institutionalized Mentally Disabled

Washington University Law Review

No abstract provided.


Civil Commitment: Recognition Of Patients’ Right To Treatment, Donaldson V. O’Connor, 493 F.2d 507 (5th Cir. 1974) Jan 1974

Civil Commitment: Recognition Of Patients’ Right To Treatment, Donaldson V. O’Connor, 493 F.2d 507 (5th Cir. 1974)

Washington University Law Review

No abstract provided.


On The Voluntary Admission Of Minors, Louis Lessem Jan 1974

On The Voluntary Admission Of Minors, Louis Lessem

University of Michigan Journal of Law Reform

The past several years have been witness to dramatic changes in both the theory and practice of civil commitment. In the law, this development has taken the form of increased concern for the protection of the personal liberties of the mentally ill while among members of the medical profession it has been experienced as a part of the process of opening up the back wards. Legislatures in many states have responded by revising their mental health statutes to establish more rigorous standards for commitment, periodic review of the status of committed patients, and better procedural safeguards throughout the commitment process ...


Police Initiated Emergency Psychiatric Detention In Michigan, Mark F. Mehlman Jan 1972

Police Initiated Emergency Psychiatric Detention In Michigan, Mark F. Mehlman

University of Michigan Journal of Law Reform

While performing his duties a police officer may frequently be confronted with the behavior of an individual which threatens or has resulted in self-inflicted injury, or which poses an imminent threat to the safety of others. Under such circumstances an officer may determine that criminal arrest is inappropriate but that some form of restraint is necessary. Michigan has provided an alternative course of action by authorizing temporary emergency psychiatric detention of an individual whom a police officer deems to be "mentally ill and manifesting homicidal or other dangerous tendencies."


Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers Jan 1972

Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers

Articles

In 1930, Ford sold Fords only in black and states offered treatment for mental illness only in public mental hospitals. Today, new views of mental health care and mental health problems have begotten a galaxy of new treatment settings. Few cities can boast community-based programs sufficient to meet their needs, but almost all cities of any size rely increasingly on outpatient programs. The large public mental hospitals still stand, of course. Indeed, every year more people enter public hospitals than entered the year before. Over 400,000 Americans were admitted as inpatients to state and county mental hospitals last year ...


Mental Illness And Criminal Commitment In Michigan, Grant H. Morris Jan 1971

Mental Illness And Criminal Commitment In Michigan, Grant H. Morris

University of Michigan Journal of Law Reform

This article concentrates on one vital issue: to what extent are differences in treatment justified because of a mentally ill person's "criminal" involvement. While the article is primarily concerned with Michigan institutions and Michigan statutes, the discussion and the solutions proposed are in many respects applicable to all states of the Union. Not only must all states reevaluate their policies toward criminal commitment of the mentally ill in light of ever-changing medical and penal theory, but they must also consider the developing constitutional concepts in this area. These constitutional issues are raised here only to the extent necessary to ...


The Language Of Involuntary Mental Hospitalization: A Study In Sound And Fury, Steven H. Levinson Jan 1970

The Language Of Involuntary Mental Hospitalization: A Study In Sound And Fury, Steven H. Levinson

University of Michigan Journal of Law Reform

Involuntary civil commitment is the business of hospitalizing and treating, without their consent, persons whom a court, with the aid of professional diagnosticians, determines to be psychologically disturbed or mentally ill. The purpose of the present study will be to demonstrate that the medical diagnoses of mental illness which justify involuntary civil commitment are achieved on the basis of at least unreliable and at worst invalid sets of diagnostic categories and assessments. For the purpose of determining the reliability of these diagnostic findings, the author selected a representative sample of the involuntary mental hospitalization proceedings of the Wayne County Probate ...


Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin Feb 1968

Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin

Michigan Law Review

Each year more of our fellow citizens are involuntarily committed to a mental institution of one sort or another than are incarcerated for the commission of a crime. To those committed, the walls and barred windows of the hospital, as well as the treatment and mode of living, are probably not significantly different from those of a prison. This is particularly the case with those confined for treatment by court order or by some special statutory procedure following acquittal of a crime on grounds of insanity. Yet these mentally ill, even after perpetrating what would otherwise have been a criminal ...


Acute Psychiatric Hospitalization Of The Mentally Ill In The Metropolis: An Empirical Study, George E. Dix Jan 1968

Acute Psychiatric Hospitalization Of The Mentally Ill In The Metropolis: An Empirical Study, George E. Dix

Washington University Law Review

Part I describes the development of the legal framework for legally-proscribed criteria for nonvoluntary hospitalization. Part II is a description of how the purportedly regulated system actually works, applied at various points in the process. While the discussion is structured as a description of the steps from the community to full-time hospitalization, the descriptions and the illustrative examples should present a fairly complete picture of the variety of situations with which a metropolitan public acute psychiatric hospitalization service is called upon to deal. Part III is a discussion of one central legal issue, the role of the judiciary in the ...