The Legal Rights of Citizens with Mental Retardation
The Legal Rights of Citizens with Mental Retardation

Author: Lawrence A. Kane

Publisher:

Published: 1988

Total Pages: 368

ISBN-13:

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This book is the formal presentation of the issues discussed at the Second National Conference on the Legal Rights of Citizens with Mental Retardation. A relationship between the community and its citizens with mental retardation is discussed extensively in the first section of the book. Other sections of the book are devoted to key litigation and legislation for the rights of citizens with mental retardation, law as it pertains to newborns with severe handicaps, advances in education and rehabilitation, and future strategies for advocacy. A few of the noted contributors include Carl R. Halpern, Dean of the CUNY Law School, Professor Robert A. Burt of Yale University, and Professor Robert H. Mnookin of Stanford University. This book is designed as a basic reference for advocates and others concerned with the mentally retarded.

Equal Treatment for People with Mental Retardation
Equal Treatment for People with Mental Retardation

Author: Martha A. Field

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 468

ISBN-13: 9780674036840

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Engaging in sex, becoming parents, raising children: these are among the most personal decisions we make, and for people with mental retardation, these decisions are consistently challenged, regulated, and outlawed. This book is a comprehensive study of the American legal doctrines and social policies, past and present, that have governed procreation and parenting by persons with mental retardation. It argues persuasively that people with retardation should have legal authority to make their own decisions. Despite the progress of the normalization movement, which has moved so many people with mental retardation into the mainstream since the 1960s, negative myths about reproduction and child rearing among this population persist. Martha Field and Valerie Sanchez trace these prejudices to the eugenics movement of the late nineteenth and early twentieth centuries. They show how misperceptions have led to inconsistent and discriminatory outcomes when third parties seek to make birth control or parenting decisions for people with mental retardation. They also explore the effect of these decisions on those they purport to protect. Detailed, thorough, and just, their book is a sustained argument for reform of the legal practices and social policies it describes.

International Human Rights and Mental Disability Law
International Human Rights and Mental Disability Law

Author: Michael L. Perlin

Publisher: Oxford University Press

Published: 2012

Total Pages: 352

ISBN-13: 0195393236

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Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems.

Mental Disorder, Work Disability, and the Law
Mental Disorder, Work Disability, and the Law

Author: Richard J. Bonnie

Publisher: University of Chicago Press

Published: 1997

Total Pages: 324

ISBN-13: 9780226064505

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A barrage of "handbooks" and "resource manuals" aimed at employers and legal practitioners on the employment rights of people with disabilities has begun to appear. Until now, however, there has been no serious book-length scholarly treatment of how mental disorder can affect work, how work can affect mental disorder, and the role of law in addressing employment discrimination based on mental rather than physical disability. In Mental Disorder, Work Disability and the Law, the editors bring together original work by leading scholars who have studied mental disorder and work disability from the fields of sociology, psychology, psychiatry, law, and economics. The authors' contributions build upon one another to create the first integrated account of the important policy issues at stake when law deals with the rights of mentally disordered citizens to work when they are able to, and to receive benefits when they are not. This book will be of great value to scholars in law and the mental health professions and to policy makers and the administrators of disability programs.

Minding Justice
Minding Justice

Author: Christopher Slobogin

Publisher: Harvard University Press

Published: 2006

Total Pages: 408

ISBN-13: 9780674022041

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This comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities provides innovative solutions to problems associated with criminal responsibility, protection of society from "dangerous" individuals, and the state's authority to act paternalistically.

Mental Disability and the Death Penalty
Mental Disability and the Death Penalty

Author: Michael L. Perlin

Publisher: Rowman & Littlefield Publishers

Published: 2013-01-17

Total Pages: 295

ISBN-13: 1442200588

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There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.

Mental Retardation
Mental Retardation

Author: National Research Council

Publisher: National Academies Press

Published: 2002-08-09

Total Pages: 351

ISBN-13: 0309083230

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Current estimates suggest that between one and three percent of people living in the United States will receive a diagnosis of mental retardation. Mental retardation, a condition characterized by deficits in intellectual capabilities and adaptive behavior, can be particularly hard to diagnose in the mild range of the disability. The U.S. Social Security Administration (SSA) provides income support and medical benefits to individuals with cognitive limitations who experience significant problems in their ability to perform work and may therefore be in need of governmental support. Addressing the concern that SSA's current procedures are consistent with current scientific and professional practices, this book evaluates the process used by SSA to determine eligibility for these benefits. It examines the adequacy of the SSA definition of mental retardation and its current procedures for assessing intellectual capabilities, discusses adaptive behavior and its assessment, advises on ways to combine intellectual and adaptive assessment to provide a complete profile of an individual's capabilities, and clarifies ways to differentiate mental retardation from other conditions.