Legal Issues and Articles

This page is designed to try and keep track of legal precedent in various issues and make it searchable by using the web search engine.  Susan Stefan, a terrific attorney with the Center for Public Representation, presents an annual summary of mental health law at the annual NARPA conference and here is her  .

• §1983 Actions
• Advance Directives
• Civil Rights of Institutionalized Persons Act (CRIPA).
• Corruption in the Courts
• Forced Electroshock
  • Competency, Consent, And Electroconvulsive Therapy: A Mentally Ill Prisoner’s Right To Refuse Invasive Medical Treatment In Oregon’s Criminal Justice System, by Elizabeth R. Newell, Lewis & Clark Law Review, Vol 9:4, p1020-45.
• Excessive confinement to make someone competent to stand trial.
• Forced Medication
• Informed Consent
• Involuntary Commitment
  • Dangerousness
• Learned Intermediary
• Psychotherapist/Patient Privilege
• Qui Tam (False Claims Act)
• Suing Patients for Assault
• US Dept. of Justice Guide to federal Disability Rights (Septmeber, 2005).
•  Amicus Brief by theNational Mental Health Self-Help Clearing House on behalf of consumer organizations in Olmstead case over the Americans with Disabilities Act.

Susan Stefan NARPA Updates

• 2009 Mental Health Law Update
• 2006 Mental Health Law Update

Publications

• Department of Health and Social Services Medicare and Medicaid Programs; Hospital Conditions of Participation: Patients’ Rights; Final Rule. 42 CFR Part 482

Articles

• The Tail Still Wags the Dog:  The Pervasive and Inappropriate Influence by the Psychiatric Profession on the Civil Commitment Process, by William M. Brooks, 86 North Dakota L. Rev. 259, (2010).  6 Megabytes.
• Involuntary Commitment and Forced Psychiatric Drugging in the Trial Courts: Rights Violations as a Matter of Course, by James B. (Jim) Gottstein, 25 Alaska L. Rev.  51 (2008).
• ADHD and the Meaning of Evidence, by Barry Turner, Lecturer in Medical Ethics and Law at the University of Lincoln, United Kingdom, Criminal Litigator and Mental Health Law Consultant
• The implications of the Atkins Concept on the Lives of People with Disabilities in Criminal and Civil Courts, by Salvatore Pizzuro (2009).

Last modified 11/11/2022