Developments in Mental Health Law

Articles from Vol. 5, No. 3-4, July-December

Congress Seeks to Overturn Smith V. Robinson
Following the Supreme Court's controversial reading of the Education For Ali Handicapped Children Act (P.L. 94-142), in Smith v. Robinson, 104 S.Ct. 3457 (1984), Congress recently moved to amend the EAHCA and overturn the Court's decision. In Smith,...
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Fourth Circuit Affirms Verdict against Buschi Plaintiffs
On October 29, 1985, the Fourth Circuit Court of Appeals affirmed the district court judgment against seven former employees at Virginia's Western State Hospital. The employees had complained inter alia of a conspiracy to deprive them of their rights...
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Protection and Advocacy of the Rights of the Mentally Ill: Congress Tries Again
Recently Congress has shown renewed interest in defining and protecting the rights of mentally iii patients in residential facilities. On July 31 the Senate passed the "Protection and Advocacy for Mentally III Persons Act" (S. 974) sponsored by Senator...
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Psychic Trauma: Putting the Proposed Revisions to DSM-III in Perspective
There is widespread disagreement within the legal community on the question of whether compensation should be paid to a person who suffers significant mental impairment after experiencing stress, or "psychic trauma," attributable to another's wrongdoing....
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Social Security Notes
The Social Security Disability Benefits Reform Act of 1984 made a number of important changes in disability law, including requiring the Social Security Administration (SSA) to promulgate new mental impairment criteria and a new standard of review...
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Supreme Court Considers Voluntariness of Confessions
The "voluntariness" of confessions is a question of law requiring independent determination by the federal courts in habeas corpus proceedings, the Supreme Court ruled in Miller v. Fenton, --U.S. --, 54 U.S.L.W. 4022 (Dec. 3, 1985). Justice O'Connor's...
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Virginia Legislative Proposals concerning Forensic Psychiatry
Psychiatric Hospitalization of Jail Inmates An interagency committee established by the Virginia Department of Mental Health and Mental Retardation and the Virginia Department of Corrections to implement the recommendations of the Joint Task Force...
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