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Author: Lawrence A. Kane Publisher: ISBN: Category : Education Languages : en Pages : 368
Book Description
This book is the formal presentation of the issues discussed at the Second National Conference on the Legal Rights of Citizens with Mental Retardation. A relationship between the community and its citizens with mental retardation is discussed extensively in the first section of the book. Other sections of the book are devoted to key litigation and legislation for the rights of citizens with mental retardation, law as it pertains to newborns with severe handicaps, advances in education and rehabilitation, and future strategies for advocacy. A few of the noted contributors include Carl R. Halpern, Dean of the CUNY Law School, Professor Robert A. Burt of Yale University, and Professor Robert H. Mnookin of Stanford University. This book is designed as a basic reference for advocates and others concerned with the mentally retarded.
Author: Lawrence A. Kane Publisher: ISBN: Category : Education Languages : en Pages : 368
Book Description
This book is the formal presentation of the issues discussed at the Second National Conference on the Legal Rights of Citizens with Mental Retardation. A relationship between the community and its citizens with mental retardation is discussed extensively in the first section of the book. Other sections of the book are devoted to key litigation and legislation for the rights of citizens with mental retardation, law as it pertains to newborns with severe handicaps, advances in education and rehabilitation, and future strategies for advocacy. A few of the noted contributors include Carl R. Halpern, Dean of the CUNY Law School, Professor Robert A. Burt of Yale University, and Professor Robert H. Mnookin of Stanford University. This book is designed as a basic reference for advocates and others concerned with the mentally retarded.
Author: Michael L. Perlin Publisher: ISBN: Category : Law Languages : en Pages : 1142
Book Description
This casebook covers all of constitutional "civil" mental health law, including involuntary civil commitment, the right to refuse treatment, and the rights of persons with mental disabilities in community settings. Perlin also addresses federal statutory rights, including, but not limited to, the Americans with Disabilities Act; other civil mental health issues, including tort law; and the criminal trial process, including all aspects of competency, the insanity defense, self-incrimination, confessions, the death penalty, and sentencing and post-sentencing issues. Important Supreme Court decisions that have been handed down since the first edition (Olmstead v. L.C., Tennessee v. Lane, Kansas v. Crane, Sell v. United States, and Atkins v. Virginia) are all given extensive attention. Mental Disability Law not only teaches students the relevant doctrine and theory, but also gives them an understanding of why the cases were decided as they were. Questions are provided after all major sections that encourage the teacher to direct students to think about the social, political, and behavioral forces that led to many of the decisions in question.
Author: Martha A. Field Publisher: Harvard University Press ISBN: 9780674036840 Category : Law Languages : en Pages : 468
Book Description
Engaging in sex, becoming parents, raising children: these are among the most personal decisions we make, and for people with mental retardation, these decisions are consistently challenged, regulated, and outlawed. This book is a comprehensive study of the American legal doctrines and social policies, past and present, that have governed procreation and parenting by persons with mental retardation. It argues persuasively that people with retardation should have legal authority to make their own decisions. Despite the progress of the normalization movement, which has moved so many people with mental retardation into the mainstream since the 1960s, negative myths about reproduction and child rearing among this population persist. Martha Field and Valerie Sanchez trace these prejudices to the eugenics movement of the late nineteenth and early twentieth centuries. They show how misperceptions have led to inconsistent and discriminatory outcomes when third parties seek to make birth control or parenting decisions for people with mental retardation. They also explore the effect of these decisions on those they purport to protect. Detailed, thorough, and just, their book is a sustained argument for reform of the legal practices and social policies it describes.
Author: Richard J. Bonnie Publisher: University of Chicago Press ISBN: 9780226064505 Category : Business & Economics Languages : en Pages : 324
Book Description
A barrage of "handbooks" and "resource manuals" aimed at employers and legal practitioners on the employment rights of people with disabilities has begun to appear. Until now, however, there has been no serious book-length scholarly treatment of how mental disorder can affect work, how work can affect mental disorder, and the role of law in addressing employment discrimination based on mental rather than physical disability. In Mental Disorder, Work Disability and the Law, the editors bring together original work by leading scholars who have studied mental disorder and work disability from the fields of sociology, psychology, psychiatry, law, and economics. The authors' contributions build upon one another to create the first integrated account of the important policy issues at stake when law deals with the rights of mentally disordered citizens to work when they are able to, and to receive benefits when they are not. This book will be of great value to scholars in law and the mental health professions and to policy makers and the administrators of disability programs.
Author: Michael L. Perlin Publisher: Rowman & Littlefield Publishers ISBN: 1442200588 Category : Law Languages : en Pages : 295
Book Description
There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.
Author: Christopher Slobogin Publisher: Harvard University Press ISBN: 9780674022041 Category : Law Languages : en Pages : 408
Book Description
This comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities provides innovative solutions to problems associated with criminal responsibility, protection of society from "dangerous" individuals, and the state's authority to act paternalistically.
Author: Michael L. Perlin Publisher: Oxford University Press ISBN: 0195393236 Category : Law Languages : en Pages : 352
Book Description
Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems.
Author: National Research Council Publisher: National Academies Press ISBN: 0309083230 Category : Social Science Languages : en Pages : 351
Book Description
Current estimates suggest that between one and three percent of people living in the United States will receive a diagnosis of mental retardation. Mental retardation, a condition characterized by deficits in intellectual capabilities and adaptive behavior, can be particularly hard to diagnose in the mild range of the disability. The U.S. Social Security Administration (SSA) provides income support and medical benefits to individuals with cognitive limitations who experience significant problems in their ability to perform work and may therefore be in need of governmental support. Addressing the concern that SSA's current procedures are consistent with current scientific and professional practices, this book evaluates the process used by SSA to determine eligibility for these benefits. It examines the adequacy of the SSA definition of mental retardation and its current procedures for assessing intellectual capabilities, discusses adaptive behavior and its assessment, advises on ways to combine intellectual and adaptive assessment to provide a complete profile of an individual's capabilities, and clarifies ways to differentiate mental retardation from other conditions.
Author: Lawrence A. Kane
Author: Lawrence A. Kane
Author: Michael L. Perlin
Author: Martha A. Field
Author: Michael L. Perlin
Author: Richard J. Bonnie
Author: Michael L. Perlin
Author: R. C. Scheerenberger
Author: Christopher Slobogin
Author: Michael L. Perlin
Author: National Research Council