Research Guides: Health Law Research Guide: Mental Health/Psychiatry

Cases

United States v. Comstock
560 U.S. ___ (2010)
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Regarding 18 U.S.C. § 4248 (2006), which allows the federal government to place in indefinite civil commitment "sexually dangerous" persons.
Clark v. Arizona
548 U.S. 735 (2006)
Sell v. U.S.
539 U.S. 166 (2003)
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"The Constitution permits the Government involuntarily to administer antipsychotic drugs to render a mentally ill defendant competent to stand trial on serious criminal charges if the treatment is medically appropriate, is substantially unlikely to have side effects that may undermine the trial’s fairness, and, taking account of less intrusive alternatives, is necessary significantly to further important governmental trial-related interests."
Kansas v. Crane
534 U.S. 407 (2002)
Olmstead v. L.C.
527 U.S. 581 (1999)
Kansas v. Hendricks
521 U.S. 346 (1997)
Shannon v. United States
512 U.S. 573 (1994)
Heller v. Doe
509 U.S. 312 (1993)
Ford v. Wainwright
477 U.S. 399 (1986)
City of Cleburne, Texas v. Cleburne Living Center, Inc.
473 U.S. 432 (1985)
Ake v. Oklahoma
470 U.S. 68 (1985)
Parham v. J.R.
442 U.S. 584 (1979)
Disability Advocates, Inc. v. Paterson
598 F. Supp. 2d 289 (E.D.N.Y. 2009)
Matter of Miguel M.
N.Y. Court of Appeals, May 10, 2011

Sources of Mental Health Laws and Regulations

Mental Health Parity and Addiction Equity Act
Overview of Disability Law
Cornell LII
Overview of Mental Health Law
Cornell LII.
Overview of the Insanity Defense and Diminished Capacity, Cornell's Legal Information Institute
Protection and Advocacy for Individuals with Mental Illness
42 U.S.C. ch. 114
Psychology Laws & Licensing Boards In Canada & the United States
Sex Offenders Requiring Civil Commitment or Supervision (NY)
NY Mental Hygiene Law Article 10
State Insanity Defense Laws
State Laws Mandating or Regulating Mental Health Benefits
National Conference of State Legislatures

Legislative Histories

Education of the Handicapped: Laws, Legislative Histories and Administrative Documents KF4210 .A25 1982

Human Experimentation: Federal Laws, Legislative Histories, Regulations and Related Documents KF3827.M38 R44 1985

Federal Laws of the Mentally Handicapped: Laws, Legislative Histories and Administrative Documents KF480 .A3 U5

The Mental Health Parity Act: A Legislative History
CRS Report for Congress (2007)

Agencies

News

Blogs and Discussion Groups

Reports and Articles

“Actuarial Justice” - Representing Sex Offenders Facing Lifetime Civil Confinement
Al O’Connor, New York State Defenders Association (2007)
The Americans with Disabilities Act (ADA): The Definition of Disability
Congressional Research Service report, March 2006.
Annual Report on the Implementation of Mental Hygiene Law Article 10: New York’s Sex Offender Management and Treatment Act of 2007
New York State Office of Mental Health (2013)
Bad Science Makes Bad Law: How Deference Afforded to Psychiatry Undermines Civil Liberties
Samantha Godwin. Georgetown University Law Center; University College London, working paper (2011)
Building Bridges: An Act to Reduce Recidivism by Improving Access to Benefits for Individuals with Psychiatric Disabilities upon Release from Incarceration
Bazelon Center for Mental Health Law
Civil Commitment of Sexually Dangerous Persons: Statutory Interpretation of State's SDP Law
36 Journal of the American Academy of Psychiatry and the Law 138 (2008).
The Competing Faces of Mental Health Law: Recovery and Access versus the Expanding Use of Preventive Confinement
John Petrila & Corine De Ruiter, 3 Amsterdam Law Forum (2011)
Deportation by Default: Mental Disability, Unfair Hearings, and Indefinite Detention in the US Immigration System (2010)
Human Rights Watch and ACLU, July 2010
A Corrections Quandary: Mental Illness and Prison Rules
Jamie Fellner, 41 Harvard Civil Rights-Civil Liberties Law Review 391 (2006)
Diagnosing Liability: The Legal History of Posttraumatic Stress Disorder
Deirdre M. Smith, 84 Temple L. Rev. (2011)
Do General Health Care Proxies Allow Voluntary Commitment?
Summary of Cohen v. Bolduc, No. SJC-08554 (Mass. 01/11/2002).
Do State Laws Place Mental Health Professionals in Danger?
Dual Relationships, Multiple Relationships, & Boundary Decisions
Duty to Warn and Dissociative Identity Disorder
Michael A. Norko
Forced Medication after U.S. v. Sell
Donna Lee Elm & Doug Passon (2007)
Health Care Providers' Duty to Warn
Judith J. Regan, MD, MBA, Ann Alderson, BA, William M. Regan, MD
Improving Responses to People with Mental Illnesses: The Essential Elements of a Mental Health Court
Council of State Governments Justice Center and Bureau of Justice Assistance (2008)
In Defense of Absolute Confidentiality
Kenneth Kipnis
Informed Consent to Psychoanalysis: The Law, The Theory, and the Data
Elyn R. Saks, University of Southern California Legal Studies Working Paper Series (March 2011)
The Insanity Defense in the Twenty-First Century:
Julie E. Grachek (2006)
Judge: Mentally Ill Migrants Have Right to Lawyer
Mercury News 12/23/10
Law Equalizes Coverage For Mental, Physical Care: 'Milestone' Measure Could Expand Treatment Services
Chris L. Jenkins, Washington Post, October 10, 2008, page B01
Medical Necessity in Private Health Plans: Implications for Behavioral Health Care
Center for Mental Health Services (2003)
Mental Health: A Report of the Surgeon General
DHHS (1999)
Mental Health Courts: A Guide to Research-Informed Policy and Practice
Council for State Governments Justice Center (2009)
Mental Health Courts: A Primer for Policymakers and Practitioners
Council for State Governments and Bureau of Justice Assistance (2008)
Mental Illness and the Death Penalty
Mental Illness and the Freedom to Refuse Treatment: Privilege or Right
Ronals Bassman
Online Readings in Psychology and Culture
Walter J. Lonner et al., eds.
Overriding Mental Health Treatment Refusals: How Much Process is "Due"?
Samuel Jan Brakel and John M. Davis (2008)
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52 St. Louis University Law Review 501 (2008)
An Overview of Insanity on Trial (PBS)
Parallels in Predicting Dangerousness–What Price Security?
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by Adele Bernhard, Vanessa Merton, Henry Steadman, Scott Rogge.
Perspectives on Mental Disability Law
53 New York Law School Law Review (2008-2009).
Planning for Alzheimer’s Disease with Mental Health Advance Directives
Lisa Ellen Brodoff, 17 Elder Law Journal (2009)
Policy Report: Civil Commitment under Medicaid Managed Care
Center for Mental Health Services, Substance Abuse and Mental Health Services Administration, 2000
Postpartum Depression and Women Who Kill Their Children
Thomas L. Hafemeister, HealthLaw Prof Blog, April 27, 2011
Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care
UN General Assembly Resolution 46/119 (1991)
Prisoners Can Be Forced To Take Anti-Psychotic Drugs: Commentary on Sell v. United States
Psychiatric Malpractice: Basic Issues in Evolving Contexts
Sell v. U.S.: Involuntary Medication to Restore Trial Competency - A Workable Standard?
Joan B. Gerbasi and Charles L. Scott (2004)
The Sex Offender Management and Treatment Act: The First Year
Office of the New York State Attorney General (2008)
Still Waiting ... the Unfulfilled Promise of Olmstead
Bazelon Center for Mental Health Law
Tarasoff Warnings Resulting in Criminal Charges: Two Case Reports
Throwing the Key Away: An Examination Of New York’s Sex Offender Civil Commitment Law
Joseph E. Fahey (2007)

Breaking News

New Titles at Pace Law Library

International Human Rights and Mental Disability Law: When the Silenced Are Heard by Michael L. Perlin
Call Number: K640 .P47 2012
ISBN: 0195393236
What Is Mental Illness? by Richard J. McNally
Call Number: RC454 .M326 2011
ISBN: 0674046498
The Ethics of Total Confinement: A Critique of Madness, Citizenship, and Social Justice by Bruce A. Arrigo
Call Number: K5077 .A97 2011
ISBN: 0195372212

Internet Resources

Access to Mental Hygiene Records in New York State:
NY Commission on Quality of Care and Access for Persons with Disabilities
Ethical Principles of Psychologists and Code of Conduct
American Psychological Association
Grading the States 2009: A Report on America’s Health Care System for Adults with Serious Mental Illness
National Alliance on Mental Illness
Mental Health Acronyms
NY Office of Mental Health
Overview of Mental Health Law
Cornell LII.
Mental Retardation: Determining Eligibility for Social Security Benefits
NY Sex Offender Management and Treatment Act: Flow Chart
Scope Note: Dangerousness: Prediction and Legal Status
The Mental Health Resource Handbook for Human Service Personnel Serving the Local Correctional Population (NY)
NY Office of Mental Health (2001)

Reference

Diagnostic and Statistical Manual of Mental Disorders: DSM-IV-TR RC455.2 .C4 A48 2000 Course Reserve

DSM-IV Sourcebook RC 455.2 .C4 D754 1994

Dictionary of Psychology
American Psychological Association
Mental Health.gov
A comprehensive source of information from the federal government about mental disorders, diagnosis, medications, and research.
Mental Health Dictionary
SAMHSA Mental Health Dictionary.
Mental Health Acronyms
NY Office of Mental Health

Treatises, Digests, Monographs

Mental Retardation: Determining Eligibility for Social Security Benefits

Organizations

ABA Commission on Disability Rights
Works "to promote the ABA's commitment to justice and the rule of law for persons with mental, physical, and sensory disabilities and to promote their full and equal participation in the legal profession."
American Association on Intellectual and Developmental Disabilities
Bazelon Center for Mental Health Law
Institute for Health, Health Care Policy, and Aging Research
Disability Rights Education and Defense Fund
Disability Rights Legal Center
Institute of Law, Psychiatry & Public Policy
Institute activities include academic programs, forensic clinical evaluations, professional training, empirical and theoretical research, and public policy consultation and review.
Law, Health Policy and Disability Center
Leader in law, technology, education and research, focused on improving the quality of life for persons living with disabilities. University of Iowa College of Law
The Law Project for Psychiatric Rights
National Alliance on Mental Illness
National Center on Education, Disability, and Juvenile Justice
National Coalition of Mental Health Professionals and Consumers
World Federation for Mental Health