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Tables of Contents for Law, Mental Health, and Mental Disorder
Chapter/Section Title
Page #
Page Count
Part 1 Foundations for Law, Mental Health, and Mental Disorder Interactions
1
60
The Newly Emerging Mental Health Law
2
13
Bruce D. Sales
Daniel W. Shuman
Early Rationale for Mental Health Law
3
1
Empirical Questioning of Mental Health Law
4
1
Therapeutic Jurisprudence Lens on Mental Health Law
5
1
Redefining the Boundaries of Mental Health Law
6
3
Factors Threatening the Success of the New Mental Health Law
9
2
A New Relationship for the Legal and Mental Health Disciplines
11
1
Conclusion
12
1
References
13
2
``Why Would I Need a Lawyer?'' Legal Counsel and Advocacy for People with Mental Disabilities
15
25
Jan C. Costello
Clash of Two Cultures: Law and Mental Health
17
2
Existing Law: Right to Legal Counsel
19
3
The Role and Ethical Obligations of Counsel
22
6
Expansion of Rights of Persons with Mental Disabilities
28
1
Criticisms of Existing Law
29
4
Therapeutic Impact of Legal Counsel
33
3
Conclusion
36
1
References
37
3
Mental Health Professional Expertise in the Courtroom
40
21
Maureen O'Connor
Bruce D. Sales
Daniel W. Shuman
Mental Health Professional Expertise
41
4
Admissibility of Mental Health Expertise
45
9
Conclusion
54
1
References
54
7
Part 2 Mental Health Professionals and the Law
61
88
Confidentiality in the Psychotherapeutic Relationship
62
14
Michele Smith-Bell
William J. Winslade
Privacy
63
1
Confidentiality
64
2
Privilege
66
2
Mandatory Reporting of Child Abuse
68
5
Conclusion
73
1
References
74
2
Malpractice Liability of Mental Health Professionals and Institutions
76
23
Steven R. Smith
Malpractice Principles and Process
77
1
Institutional Liability
77
2
Liability Arising in Practice
79
5
Realities of the Malpractice System
84
2
Consequences of the Current System
86
2
Reform Proposals
88
3
Avoiding Malpractice Liability
91
2
Conclusion
93
1
References
93
6
Regulating the Marketplace for Competition among Mental Health Providers: The Roles of Antitrust Law and State Mandates
99
23
Thomas L. Greaney
Antitrust Law and Mental Health Care Providers
99
15
Mental Health Mandates
114
3
Conclusion
117
1
References
118
4
Legal Influences on the Financing of Mental Health Care
122
27
Jeffrey Rubin
The Financing and Organization of Mental Health Care
123
4
Case Law and Private Health Insurance
127
7
Legal Actions against States
134
2
Reform Legislation and State Financing of Mental Health Care
136
7
Conclusion
143
2
References
145
4
Part 3 Mental Health Clients and the Law
149
160
The Voluntary Delivery of Mental Health Services in the Community
150
28
Michael L. Perlin
The Right to Services in the Community
152
5
The Supreme Court Speaks
157
2
Homelessness and Deinstitutionalization
159
2
A Different Vision?
161
2
The Impact of Therapeutic Jurisprudence
163
3
New Developments
166
4
On ``Sanism''
170
1
Conclusion
170
1
References
171
7
Protections for Persons with Mental Disabilities: Americans with Disabilities Act and Related Federal and State Law
178
24
Laura F. Rothstein
Education
179
4
Higher Education
183
5
Employment Discrimination
188
8
Public Accommodations and Public Services
196
1
Housing
197
1
Conclusion
198
1
References
198
4
Guardianship for Incapacitated Persons
202
17
Philip B. Tor
Bruce D. Sales
Guardianship Standards
203
2
Due Process in Guardianship Proceedings
205
6
Alternatives to Full Guardianship
211
2
Monitoring and Enforcement of Guardianships
213
2
Selection of Guardians
215
1
Conclusion
216
1
References
217
2
The Impact of Law on the Delivery of Involuntary Mental Health Services
219
21
John Q. La Fond
The Liberal Era
219
1
Involuntary Civil Commitment Law Reform
220
10
The Neoconservative Era
230
5
Conclusion
235
1
References
235
5
Issues Relating to Women and Ethnic Minorities in Mental Health Treatment and Law
240
39
Susan Stefan
History of the Mental Health Profession's Theory and Practice toward Women and Minorities
243
5
Impact of Mental Health Law on Women and Members of Minority Groups
248
19
Key Legal Issues for Women and Minorities in the Mental Health System
267
3
Conclusion
270
1
References
271
8
Treatment and Refusal Rights in Mental Health: Therapeutic Justice and Clinical Accommodation
279
15
Marshall B. Kapp
Origins of Patients' Rights to Treatment and to Refuse Treatment
280
3
Objections and Fears
283
2
Implementing the Law in Practice
285
4
Conclusion
289
1
References
290
4
Compensation for Mental and Emotional Distress
294
15
Daniel W. Shuman
Cynthia E. Daley
Compensation for Mental and Emotional Distress in Tort Law
294
5
Tort Claiming
299
4
Compensation for Mental and Emotional Distress Outside the Tort System
303
1
Conclusion
304
2
References
306
3
Part 4 Offenders with Mental Disorders and the Law
309
130
Incompletency to Proceed in the Criminal Process: Past, Present, and Future
310
31
Bruce J. Winick
Incompetency in the Criminal Process: Past and Present
311
4
Restructuring the Incompetency Process
315
19
Conclusion
334
1
References
335
6
The Insanity Defense: Deconstructing the Myths and Reconstructing the Jurisprudence
341
19
Michael L. Perlin
The Development of Insanity Defense Doctrine
343
4
Hinckley and Its Aftermath
347
1
The Role of Punishment
348
1
The Role of Externalities
349
4
Conclusion
353
1
References
354
6
Dangerousness as a Criterion in the Criminal Process
360
24
Christopher Slobogin
When Dangerousness Could Be Relevant
360
3
When Dangerousness Should Be Relevant
363
9
What Is Dangerousness?
372
7
Conclusion
379
1
References
379
5
The Incapacitation by Civil Commitment of Pathologically Violent Sex Offenders
384
13
Alexander D. Brooks
Challenges to the SVP Legislation
388
1
The Washington Supreme Court Decides
388
6
Conclusion
394
1
References
395
2
Offenders with Mental Disorders in the Criminal Justice--Correctional Process
397
17
Fred Cohen
Entry into the System
398
1
Legal Filters for Offenders with Mental Disorders
399
2
Persons with Mental Disorders in Prison
401
1
Legal Mandates for Treatment
402
6
Resistance to Treatment
408
2
Conclusion
410
1
References
411
3
The Mental Health Implications of Crime Victims' Rights
414
25
Richard P. Wiebe
The Scope and Purposes of Victims' Rights
416
6
The Mental Health Consequences of Victims' Rights
422
9
The Future of Victims' Rights
431
2
Conclusion
433
1
References
433
6
Part 5 Impact of the Law on the Mental Health of Children and Families
439
100
The Legal Processing of Domestic Violence Cases
440
24
Leonore M. J. Simon
Psychology of Domestic Violence Offenders
442
2
Psychology of Domestic Violence Victims
444
2
Arrest and Prosecution of Offenders
446
4
Trials, Plea Bargains, and Sentencing Issues
450
3
Restraining Orders
453
1
Conclusion
454
1
References
455
9
The Law's Response to Child Abuse and Neglect
464
23
Catherine M. Brooks
Child Abuse and Neglect Cases in Criminal Court
464
6
Child Abuse and Neglect Cases in Civil Court
470
3
Child Abuse and Neglect Cases in Family Court
473
6
Expert Witness Testimony
479
3
Court Actions to Terminate Parental Rights
482
2
Conclusion
484
1
References
484
3
Voluntary Admission and Involuntary Hospitalization of Minors
487
16
James W. Ellis
Treatment of Children and Adolescents with Mental Illness
487
1
Habilitation of Children and Adolescents with Mental Retardation
488
2
Effects of Institutionalization on Children
490
1
History of Laws Regarding Institutionalization of Minors
491
1
The Parham Decision
491
5
Should Legislatures Go beyond Parham?
496
3
Conclusion
499
1
References
499
4
Mental Health Issues in Juvenile Justice
503
19
Loren Warboys
Shannan Wilber
The Historical Development of the U.S. Juvenile Justice System
503
3
Interaction of the Juvenile Justice System and Mental Health Professionals
506
1
Capacity, Competency, and Culpability
507
8
Disposition and the Decision Regarding Placement and Services
515
3
Conclusion
518
1
References
518
4
Child Custody Decision Making and the Politics of Child Advocacy
522
17
Martha Albertson Fineman
The Rhetorical Context
523
5
The Special Dilemma of Legal Advocacy
528
3
The Failures of Legal Institutions
531
1
Political and Policy Implications of Child Advocacy
531
4
The Ideal Child Advocate
535
1
Conclusion
535
1
References
536
3
Name Index
539
10
Subject Index
549