Developments in Mental Health Law

Articles from Vol. 9, No. 2, July-December

Burden of Proving Mental Competency Given Less Stringent Requirement
Nelms v. Nelms, 236 Va. 281, 5 VLR 883 (1988). Parties are not required to meet the "clear and convincing" standard when faced with showing that a grantor of certain property possessed the mental capacity to convey the land. Instead, the correct...
Commitment and Recommitment: Shortcomings in the Application of the Law: The Gap between the Letter and the Practice of the Law
Civil commitment hearings The changes in civil commitment law over the past twenty years have stimulated much empirical research. These studies (1) have been almost unanimous in concluding that the civil commitment process rarely lives up to its...
Court Finds "Individualized Education Plan" Suitable
School Board of Campbell County v. Beasley, --Va.--, 380 S.E.2d 884 (Va. 1989). In this case, the Virginia Supreme Court considered whether the School Board of Campbell County failed to provide handicapped student Darren Scott Beasley with a "free...
Investigative Detention Based on "Drug Courier Profile" Permitted
United States v. Sokolow, --U.S.--, 109 S.Ct. 1581, (1989). In considering whether federal drug agents had reasonable suspicion to believe that a traveler was transporting illegal drugs through an airport, the Supreme Court held that a variety of...
Mandatory Drug Testing Allowed
National Treasury Employees Union v. Von Raab, --U.S.--, 109 S.Ct. 1384; Skinner v. Railway Labor Executives" Association, --U.S.--, 109 S.Ct. 1402 (1989). In two of the most closely watched and eagerly anticipated cases of last term, the Supreme...
Municipality's Failure to Train Must Reflect "Deliberate Indifference"
City of Canton v. Harris, --.U.S.--, 109 S.Ct. 1197, (1989). In April 1978, 52 year old Geraldine Harris was driving her teenage daughter to school when she was stopped by a Canton police officer for speeding. After Harris allegedly became uncontrollably...
No Constitutional Duty to Protect Child
DeShaney v. Winnebago County Dept. of Social Services, --U.S.--, 109 S.Ct. 998, (1989). In one of the most emotionally charged cases of last term, the Supreme Court, in a 6-3 vote, held that a social services agency in Wisconsin and several of its...
Proof of Intentional Tort Required
Ruth v. Fletcher, 237 Va. 366, 5 VLR 1915 (1989). A plaintiff suing on the grounds of intentional infliction of emotional distress must establish adequate proof that the defendant set out intentionally or recklessly to cause emotional distress....
States Cannot Be Sued for EHA Violations
Dellmuth v. Muth, --U.S.--, 109 S.Ct. 2397, (1989). The United States Supreme Court, in a 5-4 decision, held that the state of Pennsylvania is immune from a tuition reimbursement suit in federal court under the Education of the Handicapped Act (EHA),...
Supreme Court Rules on Execution of the Mentally Retarded
Penry v. Lynaugh --U.S.--, 109 S.Ct. 2934 (1989). The United States Supreme Court has ruled that mentally retarded criminal offenders may be sentenced to death, but only if the sentencing jury has been permitted to consider and give effect to evidence...
Testator Must Be Found "Enfeebled in Mind"
Jarvis v. Tonkin, --Va.--, 380 S.E.2d 900 (Va. 1989). A unanimous Virginia Supreme Court reversed a chancellor's decree and found that an elderly woman's will was not procured by undue influence allegedly exerted by the principal beneficiary. In...
"What's in a Name?" Changing Definitions in the Nursing Home Reform Act
The Omnibus Budget Reconciliation Act (OBRA) (P.L. 100-203) was signed into law on December 22, 1987. This legislation contains statutory requirements for a preadmission screening and annual resident review to determine file appropriateness of nursing...

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.