Author: Michael L. Perlin
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 952
Book Description
Mental Disability Law
Author: Michael L. Perlin
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 952
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 952
Book Description
Mental Disorder, Work Disability, and the Law
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.
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.
Mental Disability Law
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.
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.
Minding Justice
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.
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.
International Human Rights and Mental Disability Law
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.
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.
The Ugly Laws
Author: Susan M. Schweik
Publisher: NYU Press
ISBN: 081474057X
Category : History
Languages : en
Pages : 446
Book Description
In 1881, the Chicago City Code read, "Any person who is diseased, maimed, mutilated, or in any way deformed... shall not... expose himself to public view." These "ugly laws" began in San Francisco in 1867, then spread through the U.S. and abroad; many in the U.S. weren't repealed until the 1970s. English professor Schweik (A Gulf So Deeply Cut: American Women Poets and the Second World War), co-director of UC Berkley's disabilities studies program, explores the emergence of these laws and their tragic consequences for thousands. Motivated largely by the desire to reduce beggar populations and to expand the role of charitable organizations, in practical terms the ugly laws meant "harsh policing; antibegging; systematized suspicion...; and structural and institutional repulsion of disabled people." Schweik discusses the nineteenth century conditions that created a demand for these laws, but notes how the resulting practices have carried through to the present. Schweik draws on a deep index of resources, from legal proceedings to out-of-print books, to tell the story of individuals long lost to history. Her detailed analysis will be of primary interest to those involved with the history of social justice in the U.S. and the passage of the Americans with Disabilities Act. 18 Illus. Copyright Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
Publisher: NYU Press
ISBN: 081474057X
Category : History
Languages : en
Pages : 446
Book Description
In 1881, the Chicago City Code read, "Any person who is diseased, maimed, mutilated, or in any way deformed... shall not... expose himself to public view." These "ugly laws" began in San Francisco in 1867, then spread through the U.S. and abroad; many in the U.S. weren't repealed until the 1970s. English professor Schweik (A Gulf So Deeply Cut: American Women Poets and the Second World War), co-director of UC Berkley's disabilities studies program, explores the emergence of these laws and their tragic consequences for thousands. Motivated largely by the desire to reduce beggar populations and to expand the role of charitable organizations, in practical terms the ugly laws meant "harsh policing; antibegging; systematized suspicion...; and structural and institutional repulsion of disabled people." Schweik discusses the nineteenth century conditions that created a demand for these laws, but notes how the resulting practices have carried through to the present. Schweik draws on a deep index of resources, from legal proceedings to out-of-print books, to tell the story of individuals long lost to history. Her detailed analysis will be of primary interest to those involved with the history of social justice in the U.S. and the passage of the Americans with Disabilities Act. 18 Illus. Copyright Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
Administrative Law in Canada
Author: Sara Blake
Publisher: Markham, Ont. : Butterworths
ISBN:
Category : Law
Languages : en
Pages : 288
Book Description
Publisher: Markham, Ont. : Butterworths
ISBN:
Category : Law
Languages : en
Pages : 288
Book Description
A New Era for Mental Health Law and Policy
Author: Piers Gooding
Publisher: Cambridge University Press
ISBN: 1108509452
Category : Political Science
Languages : en
Pages : 297
Book Description
The Convention on the Rights of Persons with Disabilities (CRPD) has generated new ideas and standards in healthcare and disability law and policy. In the mental health context, the CRPD directs governments to ensure people with mental impairments are treated equally before the law, including ensuring people have access to the resources necessary to enjoy their rights. But what this means in practice remains unclear. In addition, current domestic laws that authorise involuntary psychiatric interventions stand at cross-purposes with the CRPD, which requires respect for the 'will, preference and rights' of persons with disabilities 'on an equal basis with others'. This book explores the implications of the CRPD for law, policy and practice that respond to the complex issues raised by mental health impairment and disability. It argues that the support framework of the CRPD holds the potential to address persistent shortcomings in mental health law and policy.
Publisher: Cambridge University Press
ISBN: 1108509452
Category : Political Science
Languages : en
Pages : 297
Book Description
The Convention on the Rights of Persons with Disabilities (CRPD) has generated new ideas and standards in healthcare and disability law and policy. In the mental health context, the CRPD directs governments to ensure people with mental impairments are treated equally before the law, including ensuring people have access to the resources necessary to enjoy their rights. But what this means in practice remains unclear. In addition, current domestic laws that authorise involuntary psychiatric interventions stand at cross-purposes with the CRPD, which requires respect for the 'will, preference and rights' of persons with disabilities 'on an equal basis with others'. This book explores the implications of the CRPD for law, policy and practice that respond to the complex issues raised by mental health impairment and disability. It argues that the support framework of the CRPD holds the potential to address persistent shortcomings in mental health law and policy.
Social Security Disability Law and the American Labor Market
Author: Jon C. Dubin
Publisher: NYU Press
ISBN: 1479811025
Category : Law
Languages : en
Pages : 276
Book Description
How social security disability law is out of touch with the contemporary American labor market Passing down nearly a million decisions each year, more judges handle disability cases for the Social Security Administration than federal civil and criminal cases combined. In Social Security Disability Law and the American Labor Market, Jon C. Dubin challenges the contemporary policies for determining disability benefits and work assessment. He posits the fundamental questions: where are the jobs for persons with significant medical and vocational challenges? And how does the administration misfire in its standards and processes for answering that question? Deploying his profound understanding of the Social Security Administration and Disability law and policy, he demystifies the system, showing us its complex inner mechanisms and flaws, its history and evolution, and how changes in the labor market have rendered some agency processes obsolete. Dubin lays out how those who advocate eviscerating program coverage and needed life support benefits in the guise of modernizing these procedures would reduce the capacity for the Social Security Administration to function properly and serve its intended beneficiaries, and argues that the disability system should instead be “mended, not ended.” Dubin argues that while it may seem counterintuitive, the transformation from an industrial economy to a twenty-first-century service economy in the information age, with increased automation, and resulting diminished demand for arduous physical labor, has not meaningfully reduced the relevance of, or need for, the disability benefits programs. Indeed, they have created new and different obstacles to work adjustments based on the need for other skills and capacities in the new economy—especially for the significant portion of persons with cognitive, psychiatric, neuro-psychological, or other mental impairments. Therefore, while the disability program is in dire need of empirically supported updating and measures to remedy identified deficiencies, obsolescence, inconsistencies in application, and racial, economic and other inequities, the program’s framework is sufficiently broad and enduring to remain relevant and faithful to the Act’s congressional beneficent purposes and aspirations.
Publisher: NYU Press
ISBN: 1479811025
Category : Law
Languages : en
Pages : 276
Book Description
How social security disability law is out of touch with the contemporary American labor market Passing down nearly a million decisions each year, more judges handle disability cases for the Social Security Administration than federal civil and criminal cases combined. In Social Security Disability Law and the American Labor Market, Jon C. Dubin challenges the contemporary policies for determining disability benefits and work assessment. He posits the fundamental questions: where are the jobs for persons with significant medical and vocational challenges? And how does the administration misfire in its standards and processes for answering that question? Deploying his profound understanding of the Social Security Administration and Disability law and policy, he demystifies the system, showing us its complex inner mechanisms and flaws, its history and evolution, and how changes in the labor market have rendered some agency processes obsolete. Dubin lays out how those who advocate eviscerating program coverage and needed life support benefits in the guise of modernizing these procedures would reduce the capacity for the Social Security Administration to function properly and serve its intended beneficiaries, and argues that the disability system should instead be “mended, not ended.” Dubin argues that while it may seem counterintuitive, the transformation from an industrial economy to a twenty-first-century service economy in the information age, with increased automation, and resulting diminished demand for arduous physical labor, has not meaningfully reduced the relevance of, or need for, the disability benefits programs. Indeed, they have created new and different obstacles to work adjustments based on the need for other skills and capacities in the new economy—especially for the significant portion of persons with cognitive, psychiatric, neuro-psychological, or other mental impairments. Therefore, while the disability program is in dire need of empirically supported updating and measures to remedy identified deficiencies, obsolescence, inconsistencies in application, and racial, economic and other inequities, the program’s framework is sufficiently broad and enduring to remain relevant and faithful to the Act’s congressional beneficent purposes and aspirations.
Mental Disability and the Law in Canada
Author: Gerald B. Robertson
Publisher: Thomson Carswell
ISBN: 9780459306717
Category : Insanity
Languages : en
Pages : 423
Book Description
Guardianship of the person :
Publisher: Thomson Carswell
ISBN: 9780459306717
Category : Insanity
Languages : en
Pages : 423
Book Description
Guardianship of the person :