Michael L. Perlin
An internationally-recognized expert on mental disability law, Michael L. Perlin has devoted his career to championing legal rights for people with mental disabilities. A prolific author of 23 books and nearly 300 scholarly articles on all aspects of mental disability law, Professor Perlin says that his ninth book, THE HIDDEN PREJUDICE: MENTAL DISABILITY ON TRIAL (American Psychological Association Press, 2000), “reflects the essence of the work he has done throughout his career.” The book is an attempt to educate society about how the fear of persons with mental illness creates a hidden bias against them that prevents equal justice, a form of discrimination he calls “sanism.”
In his book and his other work, he speaks out against “sanism,” which he defines as “the irrational prejudice that causes, and is reflected in, prevailing social attitudes toward persons with mental disabilities.” Prof. Perlin’s 2011 book, INTERNATIONAL HUMAN RIGHTS AND MENTAL DISABILITY LAW : WHEN THE SILENCED ARE HEARD (Oxford University Press), explores how the virulence of sanism is an international phenomenon. In a book he published in early 2013, MENTAL DISABILITY AND THE DEATH PENALTY: THE SHAME OF THE STATES (Rowman & Littlefield Publishers), he examines its impact on death penalty decision making. In a book also published in 2013 , A PRESCRIPTION FOR DIGNITY: RETHINKING CRIMINAL JUSTICE AND MENTAL DISABILITY LAW (Ashgate Press), he seeks to place dignity at the core of the criminal justice system, especially in those cases that involve defendants with mental disabilities. He is currently working on two new books, both with NYLS alumni: one on sex offender law and policy (to be published by Temple University Press) with NYLS Adjunct Professor Heather Ellis Cucolo ’02, and one on sexuality, mental disability law and therapeutic jurisprudence with Alison J. Lynch, Esq. (’13, M.A. ’15)
A teacher-lawyer-advocate who advises mental health professionals, hospitals, advocates, activists, lawyers, and governments, Professor Perlin has worked directly on mental disability cases as a deputy public defender and as director of the Division of Mental Health Advocacy in the New Jersey Department of the Public Advocate, at all levels of the judicial system from the police court to the Supreme Court of the United States. He has witnessed the complexities and frustrations facing both judges and attorneys with such cases.Professor Perlin travels around the globe to speak out about the legal rights of people with mental disabilities. In conjunction with Disability Rights International, a U.S.-based human rights advocacy organization, he has presented mental disability training workshops in Hungary, Estonia, Latvia, Poland, Bulgaria, and Uruguay. As part of his work with the Justice Action Center, he is working with advocates from Japan, Australia and the Pacific Rim to create the Disability Rights Tribunal for Asia and the Pacific, a topic that he discusses at length in a recent article, Promoting Social Change in Asia and the Pacific: The Need for a Disability Rights Tribunal to Give Life to the UN Convention on the Rights of Persons with Disabilities, 44 GEO. WASH. INT’L L. REV. 1 (2012). He has done extensive work in China with the American Bar Association’s RULE of Law—Asia office where he has conducted “Training the Trainers” workshops in Xi’an, China to teach experienced death penalty defense lawyers how to train inexperienced lawyers, employing the online distance learning methodologies used in the NYLS online program. As a Fulbright Senior Specialist, he has taught International Human Rights and Mental Disability Law to the Global Law Program at the University of Haifa in Israel and has advised the disability rights clinic and lectured extensively on comparative law, mental disability law and criminal procedure at the Islamic University of Indonesia in Yogyakarta. In early 2014, he was elected as co-chair of the Disability Rights Interest Group of the American Society of International Law.
In 2002, he helped organize a symposium at New York Law School on “International Human Rights Law and the Institutional Treatment of Persons with Mental Disabilities: The Case of Hungary.” It was the first such U.S. gathering, bringing together prominent activists, advocates, and attorneys to look at the application of international human rights law to improve the treatment of people with mental disabilities. Nine years before that, he hosted the first law school-based symposium ever held on Therapeutic Jurisprudence.
His multivolume treatise, MENTAL DISABILITY LAW: CIVIL AND CRIMINAL (Lexis Law Publishing, 1998–2003), which was first published in 1989 by Michie, won the 1990 Walter Jeffords Writing Prize; the five-volume second edition of that treatise won the 1990 Otto Walter Writing Award in 2003, and is the indispensable authority for legal practitioners. A seven-volume third edition — to be co-authored with NYLS Adjunct Prof. Heather Ellis Cucolo — is currently in preparation. Another book, THE JURISPRUDENCE OF THE INSANITY DEFENSE (Carolina Academic Press, 1994), won the Manfred Guttmacher Award of the American Psychiatric Association and the American Academy of Psychiatry and Law as the best book of the year in law and forensic psychiatry in 1994–95. He was given the American Academy of Psychiatry and Law’s Amicus Award in 1998, and the Lifetime Achievement Award by the Human Dignity and Humiliation Studies Network in 2012. The same year, he was awarded an honorary Doctorate of Letters by John Jay College of Criminal Justice. In the summer 2013, he received the first Bruce Winick Award, given by the International Academy of Law and Mental Health (on whose board of directors he sat for twenty years).
Since he joined the faculty in 1984, Professor Perlin has helped build the course offering in his legal specialty at New York Law School to such an extent that it now leads the nation in mental disability law curricula. He created and teaches the first online courses on mental disability law, offered to students here, at other U.S.-based law schools, as well as in Japan and in Nicaragua. He has also taught sections of these courses in Israel and in Finland, and has taught portions of them in Sweden, Taiwan and Indonesia. There are currently thirteen courses in the online program. He also was instrumental in the creation of the new online Masters of Arts program in mental disability law studies that NYLS launched in January 2009.
Professor Perlin has many other passions outside the law, including the clarinet, fishing, birding, and the music of Bob Dylan.
A Prescription for Dignity: Rethinking Criminal Justice and Mental Disability Law (Ashgate) (to be published, Summer 2013) (in press)
Mental Disability and the Death Penalty: The Shame of the States (Rowman & Littlefield, 2013)
International Human Rights and Mental Disability Law: When the Silenced Are Heard (Oxford University Press, 2011)
Competence in the Law: From Legal Theory to Clinical Application (with NYLS Prof. Pamela Champine, NYLS Adjunct Prof. Henry Dlugacz, and Mary Connell) (John Wiley) (2008)
Psychiatric Ethics and The Rights of Persons with Mental Disabilities in the Community (with Harold Bursztajn, Kris Gledhill & Eva Szeli) (Yozmot Ltd., Israel UNESCO) (2008)
Mental Health Issues in Jails and Prisons: Cases and Materials (with Henry Dlugacz) (Carolina Academic Press) (2008)
International Human Rights and Comparative Mental Disability Law: Cases and Materials. (Carolina Academic Press, 2006) (With A.S. Kanter, M.P. Treuthart, E. Szeli, & K. Gledhill)
International Human Rights and Comparative Disability Law: Documents Supplement. (Carolina Academic Press, 2006) (With A.S. Kanter, M.P. Treuhart, E. Szeli, & K. Gledhill)
Mental Disability Law: Civil and Criminal, 18th ed (Carolina Academic Press, 2006) (with C. Morton & H. Ellis)
Mental Disability Law: Civil and Criminal, 18th edition pocket part (coauthored with Christine Morton ’99 and Heather Ellis ’03) (January 2006)
Lawyering Skills in the Representation of Persons with Mental Disabilities, (with Keri Gould, Pamela Cohen, Henry Dlugacz & Richard Friedman) (Carolina Academic Press) (2006)
Mental Disability Law: Cases and Materials. 2d ed. (Carolina Academic Press, 2005)
The Essentials of New York City Mental Health Law: A Straightforward Guide for Clinicians of All Disciplines. (W.W. Norton, 2003) (with S.H. Behnke & M. Bernstein)
The Hidden Prejudice: Mental Disability on Trial. American Psychological Press, 2000
Mental Disability Law: Civil and Criminal. 2nd ed. Volume 1–5 (Lexis Law Publishing, 1998–2002) (Annual Supplements)
Law and Mental Disability. Michie, 1994
The Jurisprudence of the Insanity Defense (Carolina Academic Press, 1994) (winner, 1994-95, Manfred Guttmacher Award, American Psychiatric Association), excerpts reprinted in Law in a Therapeutic Key: Developments in Therapeutic Jurisprudence 59 (D. Wexler & B. Winick eds. 1996)
Mental Disability Law: Civil and Criminal (Michie Co., 1989) (three volumes) (supplemented yearly, 1990-2000)
Impact of Recent Mental Disability Litigation (Research Press, 1980) (with Reed Martin, Esq.)
CHAPTERS IN BOOKS
Mental Disability, Factual Innocence and the Death Penalty, in CONTEMPORARY TRENDS IN ASIAN CRIMINAL JUSTICE: PAVING THE WAY FOR THE FUTURE at 21-46 (I. Kim and J. Liu, eds., Korean Institute of Criminology, 2014).
“You That Hide Behind Walls”: The Relationship between the Convention on the Rights of Persons with Disabilities and the Convention Against Torture and the Treatment of Institutionalized Forensic Patients, in TORTURE IN HEALTHCARE SETTINGS: REFLECTIONS ON THE SPECIAL RAPPORTEUR ON TORTURE’S 2013 THEMATIC REPORT at 195-217 (American University Washington College of Law, Center for Human Rights & Humanitarian Law, 2013) (with M. Schriver)
“There Are No Trials Inside the Gates of Eden”: Mental Health Courts, the Convention on the Rights of Persons with Disabilities, Dignity, and the Promise of Therapeutic Jurisprudence, in COERCIVE CARE: LAW AND POLICY (Bernadette McSherry & Ian Freckelton, eds. 201e) (Routledge) (in press)
Understanding the Intersection between International Human Rights and Mental Disability Law: The Role of Dignity, in THE ROUTLEDGE HANDBOOK OF INTERNATIONAL CRIME AND JUSTICE STUDIES (Bruce Arrigo & Heather Bersot, eds.) (2013) (in press)
“Oh, Stop That Cursed Jury”: The Role of the Forensic Psychologist in the Mitigation Phase of the Death Penalty Trial, in HANDBOOK ON FORENSIC PSYCHOLOGY (Mark Goldstein, ed. 2013) (Springer) (with Dr. Valerie McClain & Dr. Elliot Atkins) (in press)
“There’s Voices in the Night Trying to be Heard”: The Potential Impact of the Convention on the Rights of Persons with Disabilities on Domestic Mental Disability Law” in EVOLVING ISSUES IN DISCRIMINATION: SOCIAL SCIENCE AND LEGAL PERSPECTIVES (R. Wiener et al, eds. 2013) (Springer) (in press)
Mental Health Law and Human Rights: Evolution and Contemporary Challenges, in MENTAL HEALTH AND HUMAN RIGHTS: VISION, PRAXIS, AND COURAGE 98 (Michael Dudley et al eds. 2012) (Oxford University Press) (with Prof. Eva Szeli)
Considering Pathological Altruism in the Law from Therapeutic Jurisprudence and Neuroscience Perspectives, in PATHOLOGICAL ALTRUISM 156 (Barbara Oakley, Ariel Knafo, Guruprasad Madhavan, David Sloan Wilson, eds., Oxford University Press, 2011).
“The Sources of This Hidden Pain”: Why a Class in Race, Gender, Class and Mental Disability, in VULNERABLE POPULATIONS & TRANSFORMATIVE LAW TEACHING 313 (Hazel Weiser ed. 2011) (with Prof. Deborah Dorfman).
Mental Health Law and Human Rights: Evolution, Challenges and the Promise of the New Convention, in UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: MULTIDISCIPLINARY PERSPECTIVES 241 (Jukka Kumpuvuori & Martin Scheninen, eds. 2010) (with Prof. Eva Szeli)
Competency to Stand Trial, in CRIME AND MENTAL ILLNESS: A GUIDE TO COURTROOM PRACTICE 23 (Robert Sadoff & Frank Dattillio eds., 2008)
“They’re An Illusion To Me Now”: Forensic Ethics, Sanism and Pretextuality, in PSYCHOLOGY, CRIME AND LAW: BRIDGING THE GAP 239 (David Canter & Rita Zukauskien eds. 2008)
Criminal Responsibility, Defenses, and Standards, in 1 ENCYCLOPEDIA OF PSYCHOLOGY AND LAW 161 (Brian Cutler ed., 2008).
Recent Criminal Legal Decisions: Implications for Forensic Mental Health Experts, in FORENSIC PSYCHOLOGY: ADVANCED TOPICS 333 (Alan Goldstein ed. 2006)
“Using Non-Fiction ‘Table Setters’ to Enrich the Course,” Contribution to TEACHING THE LAW SCHOOL CURRICULUM at 178–179 (S. Friedland & G. Hess, eds., Carolina Academic Press, 2004)
Preface to Kate Diesfeld’s and Ian Freckelton’s Involuntary Detention and Therapeutic Jurisprudence: International Perspectives on Civil Commitment at xxxiii–xli (Ashgate, 2003)
The Right to Refuse Treatment in Criminal Law Settings, Chapter 53 in PRINCIPLES AND PRACTICE OF FORENSIC PSYCHIATRY at 526–532 (R. Rosner ed., 2d ed. 2003); earlier version Chapter 55 in 1st ed. at 403–408 (1998)
Preface to Bruce Arrigo’s Punishing the Mentally Ill: A Critical Analysis of Law and Psychiatry at xiii–xvi. (State University of New York Press, 2002)
“Mental Illness, Crime, and the Culture of Punishment.” Chapter 2 in THE ROLE OF MENTAL ILLNESS IN CRIMINAL TRIALS: VOLUME 2, at 125–149, edited by J.M. Moriarty. Routledge, 2000
“‘Big Ideas, Images and Distorted Facts’: The Insanity Defense, Genetics, and the ‘Political World.’” Chapter 2 in GENETICS AND CRIMINALITY: THE POTENTIAL MISUSE OF SCIENTIFIC INFORMATION IN COURT, at 37–66, edited by J.R. Botkin, W.M. McMahon & L.P. Francis. American Psychological Association, 1999
“The Basis of Medical Malpractice.” Chapter 1 in MALPRACTICE RISK MANAGEMENT IN PSYCHIATRY: A COMPREHENSIVE GUIDE, at 15–22, edited by F. Flach. Hatherleigh Press, 1998
“Protecting Others from Violence.” Chapter 16 in MALPRACTICE RISK MANAGEMENT IN PSYCHIATRY: A COMPREHENSIVE GUIDE , at 218–233, edited by F. Flach. Hatherleigh Press, 1998
“Risk Issues in Psychiatric Malpractice.” Chapter 2 in MALPRACTICE RISK MANAGEMENT IN PSYCHIATRY: A COMPREHENSIVE GUIDE, at 23–38, edited by F. Flach, ed. Hatherleigh Press, 1998
“The Suicidal Patient.” Chapter 11 in MALPRACTICE RISK MANAGEMENT IN PSYCHIATRY: A COMPREHENSIVE GUIDE, at 148–158, edited by F. Flach. Hatherleigh Press, 1998
“Tarasoff v. Regents and the Duty to Protect.” Chapter 17 in MALPRACTICE RISK MANAGEMENT IN PSYCHIATRY: A COMPREHENSIVE GUIDE, at 243–260, edited by F. Flach. Hatherleigh Press, 1998
“The Jurisprudence of the Insanity Defense.” Chapter 3 in LAW IN A THERAPEUTIC KEY: DEVELOPMENTS IN THERAPEUTIC KEY: DEVELOPMENTS IN THERAPEUTIC JURISPRUDENCE, at 59–75, edited by D.B. Wexler & B.J. Winick. Carolina Academic Press, 1997
“Therapeutic Jurisprudence and the Civil Rights of Institutionalized Mentally Disabled Persons: Hopeless Oxymoron or Path to Redemption?” Chapter 38 in LAW IN A THERAPEUTIC KEY: DEVELOPMENTS IN THERAPEUTIC JURISPRUDENCE, at 739–761, edited by D.B. Wexler & B.J. Winick. Carolina Academic Press, 1997 (with K.K. Gould & D.D. Dorfman)
“The Insanity Defense: Deconstructing the Myths and Reconstructing the Jurisprudence.” Chapter 16 in LAW, MENTAL HEALTH, AND MENTAL DISORDER, at 341–359 (B.D. Sales & D.W. Shuman, eds.). Brooks/Cole Publishing, 1996
“The Voluntary Delivery of Mental Health Services in the Community.” Chapter 8 in LAW, MENTAL HEALTH, AND MENTAL HEALTH, AND MENTAL DISORDER at 149–177 (B.D. Sales & D.W. Shuman, eds.). Brooks/Cole Publishing, 1996
“The Current Status of the Insanity Defense.” Chapter 13 in INNOVATIONS IN CLINICAL PRACTICE: A SOURCE BOOK, at 383–409 (L.Vandecreek, ed.). Professional Resource Exchange, 1994
“Therapeutic Jurisprudence: A Multi-Professional Perspective.” Chapter in MENTAL HEALTH LAW AND PRACTICE THROUGH THE LIFE CYCLE(S. Verdun-Jones, ed.). 1994
“Understanding Zinermon v. Burch.” Chapter 6 in PSYCHIATRIC MALPRACTICE RISK MANAGEMENT, 1993
“Patients Rights.” Chapter in PSYCHIATRY(J. Cavenar, ed., Lippincott, rev. ed.), 1986
“Torts.” Chapter in LAW AND ETHICS: A GUIDE FOR THE HEALTH PROFESSIONAL (N.T. Sidley, ed.). Human Sciences Press, 1985
“Psychiatric Hospitalization: Some Predictions for the Eighties.” Chapter 17 in CRITICAL ISSUES IN AMERICAN PSYCHIATRY AND THE LAW, at 239–262 (R. Rosner, ed.)
AMERICAN ACADEMY OF PSYCHIATRY & LAW, 1982. “The Deinstitutionalization Myths: Old Wine in New Bottles,” In Conference Report: The Second National Conference on the Legal Rights of the Mentally Disabled, at 20 (K. Menninger & H. Watts, eds.). 1979
“Mental Health Advocacy.” Chapter 17 in MEDICO-LEGAL DIGEST FOR NEW JERSEY PSYCHIATRISTS. (S. Kern, ed.). New Jersey Psychiatric Association, 1979 (with S. Van Ness)
“The Adversary System.” Chapter 20 in VIOLENCE: PERSPECTIVES ON MURDER AND AGGRESSION, at 394–403 (I.L. Kutash, S.B. Kutash & L.B. Schlesinger, eds.). Jossey-Bass, 1978
“Institutionalization and the Law,” In PSYCHIATRIC SERVICES IN INSTITUTIONAL SETTINGS: SELECTED CONFERENCE PAPERS, at 75–85. American Hospital Association, 1978
“Mental Health Advocacy: The New Jersey Experience.” In MENTAL HEALTH ADVOCACY AN EMERGING FORCE IN CONSUMERS’ RIGHTS, at 62 (L.E. Kopolow & H. Bloom, eds.). National Institute of Mental Health, U.S. Government Printing Office, 1977 (with S. Van Ness)
LAW REVIEW ARTICLES AND OTHER SCHOLARLY PUBLICATIONS
“All His Sexless Patients”: Persons with Mental Disabilities and the Competence to Have Sex, 89 WASHINGTON LAW REVIEW 257-300 (2014) (with A. Lynch).
Sanism and the Law, 15 VIRTUAL MENTOR 878-885 (October 2013) available at http://virtualmentor.ama-assn.org/2013/10/msoc1-1310.html.
“Preventing Sex-Offender Recidivism through Therapeutic Jurisprudence Approaches and Specialized Community Integration,” — TEMPLE POLITICAL & CIVIL RTS. L. REV.,– (2013) (with Prof. Heather Ellis Cucolo).
“Striking for the Guardians and Protectors of the Mind”: The Convention on the Rights of Persons with Mental Disabilities and the Future of Guardianship Law, – PENN ST. L. REV. — (2013) (in press).
“John Brown Went Off to War”: Considering Veterans’ Courts as Problem-Solving Courts,– NOVA L. REV. – (2013) (in press).
Online Mental Disability Law Education, a Disability Rights Tribunal, and the Creation of an Asian Disability Law Database: Their Impact on Research, Training and Teaching of Law, Criminology Criminal Justice in Asia, 1 ASIAN J. LEGAL ED. – (2013) (with Prof. Heather Ellis Cucolo & Yosshikazu Ikehara, Esq.) (in press).
“Wisdom Is Thrown into Jail”: Using Therapeutic Jurisprudence to Remediate the Criminalization of Persons with Mental Illness, — MICH. ST. U. J. L & MED. – (2013) (in press).
“They’re Planting Stories In the Press”: The Impact of Media Distortions on Sex Offender Law and Policy, — DENVER U. CRIM. L. REV. – (2013) (with Prof. Heather Ellis Cucolo) (in press).
“The Judge, He Cast His Robe Aside”: Mental Health Courts, Dignity and Due Process, to be published in — J. MENT. HEALTH L. & POL’Y – (2013). (in press).
“Justice’s Beautiful Face”: Bob Sadoff and the Redemptive Promise of Therapeutic Jurisprudence, 40 J. PSYCHIATRY & L. 265 (2012).
“Promoting Social Change in Asia and the Pacific: The Need for a Disability Rights Tribunal to Give Life to the UN Convention on the Rights of Persons with Disabilities,” 44 GEO. WASH. INT’L L. REV. 1 (2012).
“Abandoned Love”: The Impact Of Wyatt v. Stickney On The Intersection Between International Human Rights And Domestic Mental Disability Law, 35 LAW & PSYCHOL. REV. 121 (2011).
“Online, Distance Legal Education as an Agent of Social Change,” 24 PAC. MCGEORGE GLOBAL BUS. & DEV. L.J. 95. (2011).
‘‘Good and Bad, I Defined These Terms, Quite Clear No Doubt Somehow’’: Neuroimaging and Competency to be Executed after Panetti, 28 BEHAV. SCI. & L. 621 (2010).
“Too Stubborn To Ever Be Governed By Enforced Insanity”: Some Therapeutic Jurisprudence Dilemmas in the Representation of Criminal Defendants in Incompetency and Insanity Cases, 33 INT’L J. L. & PSYCHIATRY 475 (2010).
“Unasked (and Unanswered) Questions About the Role of Neuroimaging in the Criminal Trial Process,” 28 AM. J. FORENSIC PSYCHOLOGY 5 (2010) (with Dr. Valerie McClain).
“With Faces Hidden While The Walls Were Tightening”: Applying International Human Rights Standards To Forensic Psychology, 7 U.S.-CHINA LAW REVIEW 1 (2010).
“They Keep It All Hid: The Ghettoization of Mental Disability Law and Its Implications for Legal Education,” 54 ST. LOUIS U. L. J. 857 (2010).
“Where Souls Are Forgotten”: Cultural Competencies, Forensic Evaluations and International Human Rights, 15 PSYCHOL., PUB. POL’Y & L 257(2009) (With Dr. Valerie McClain).
‘‘It’s Doom Alone That Counts’’: Can International Human Rights Law Be An Effective Source of Rights in Correctional Conditions Litigation? (with Prof. Henry Dlugacz), 27 BEHAV. SCI. & L. 675 (2009).
“A Change Is Gonna Come”: The Implications of the United Nations Convention on the Rights of Persons with Disabilities for the Domestic Practice of Constitutional Mental Disability Law, 29 NO. ILL. U. L. REV. 483 (2009).
“Where The Home In The Valley Meets The Damp Dirty Prison”: A Human Rights Perspective On Therapeutic Jurisprudence And The Role Of Forensic Psychologists In Correctional Settings, 14 AGGRESSION & VIOLENT BEHAVIOR 256 (2009) (with Prof. Astrid Birgden).
“The Witness Who Saw, He Left Little Doubt”: A Comparative Consideration of Expert Testimony in Mental Disability Law Cases, 6 J. INVESTIGATIVE PSYCHOL. & OFFENDER PROF. 59 (2009) (with Profs. Astrid Birgden & Kris Gledhill).
“His Brain Has Been Mismanaged with Great Skill”: How Will Jurors Respond to Neuroimaging Testimony in Insanity Defense Cases?, 42 AKRON L. REV. 885 (2009).
“And I See Through Your Brain: Access To Experts, Competency To Consent, And The Impact Of Antipsychotic Medications In Neuroimaging Cases In The Criminal Trial Process,” 2009 STANFORD TECHNOL. L. J. 1.
“Everybody Is Making Love/Or Else Expecting Rain: Considering the Sexual Autonomy Rights of Persons Institutionalized Because of Mental Disability in Forensic Hospitals and in Asia,” 83 U. WASH. L. REV. 481 (2008).
“I Might Need a Good Lawyer, Could Be Your Funeral, My Trial”: A Global Perspective on the Right to Counsel in Civil Commitment Cases, and Its Implications for Clinical Legal Education,” 28 WASH. U. J. L. & SOC=L POL=Y 241 (2008).
“Tolling for the Luckless, the Abandoned and Forsaked”: Community Safety, Therapeutic Jurisprudence and International Human Rights Law As Applied to Prisoners and Detainees, 13 LEG. & CRIMINOL. PSYCHOLOGY 231 (2008) (with Prof. Astrid Birgden).
“Through the Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor tenBroek, and the Rights of Persons with Mental Disabilities,” 13 TEX. J. ON CIV. LIBS. & CIV. RTS. 413 (2008).
“International Human Rights Law and Comparative Mental Disability Law: The Universal Factors” (Symposium: The United Nations Convention on the Rights of Persons with Disabilities), 34 Syracuse Journal of International Law and Commerce 333-357 (2007).
“An Internet-Based Mental Disability Law Program: Implications for Social Change in Nations with Developing Economies” (Symposium: Global Alliance for Justice Education (“GAJE”) North American Regional Conference), 30 Fordham International Law Journal 435-454 (2007).
“‘Ain’t No Goin’ Back': Teaching Mental Disability Law Courses Online” (New York Law School Faculty Presentation Day III), 51 New York Law School Law Review 991-1001 (2006-2007).
“Cross-Cultural Perspectives on the Classification of Children With Disabilities: Part II. Implementing Classification Systems in Schools,” 40 Journal of Special Education 46-58 (2006) (with M.J. McLaughlin, A. Dyson, K. Nagle, M. Thurlow, M. Rouse, M. Hardman, B. Norwich, and P.J. Burke).
“International Human Rights and Comparative Mental Disability Law: The Use of Institutional Psychiatry as a Means of Suppressing Political Dissent” (Constitutionalism and Judicial Review in a Rifted Democracy: Symposium on Jeremy Waldon’s Law and Disagreement), 39 Israel Law Review 69-96 (2006).
“Clinicians in the Courtroom,” Journal of the American Medical Association (with Prof. Harold Bursztajn, et. al.) (2006).
“‘You Got No Secrets to Conceal': Considering the Application of the Tarasoff Doctrine Abroad” (Symposium: The Future of ‘The Duty to Protect': Scientific and Legal Perspectives on Tarasoff’s Thirtieth Anniversary), 75 University of Cincinnati Law Review 611-630 (2006).
“‘And My Best Friend, My Doctor/Won’t Even Say What It Is I’ve Got’: The Role and Significance of Counsel in Right to Refuse Treatment Cases,” 42 San Diego Law Review 735-756 (2005).
“‘Limited in Sex, They Dare’: Attitudes Toward Issues of Patient Sexuality,” 26 American Journal of Forensic Psychiatry 1-19 (2005).
“‘May You Stay Forever Young’: Robert Sadoff and the History of Mental Disability Law,” 33 Journal of the American Academy of Psychiatry and the Law 236-244 (2005).
“‘Salvation’ or a ‘Lethal Dose’? Attitudes and Advocacy in Right to Refuse Treatment Cases,” 4 Journal of Forensic Psychology and Practice 51–70 (2004).
Beyond Dusky and Godinez: Criminal Competency Before and After Trial (Symposium), 21 Behavioral Sciences and the Law 297–310 (2003).
“She Breaks Just Like a Little Girl”: Neonaticide, the Insanity Defense, and the Irrelevance of ‘Ordinary Common Sense,’ 10 William & Mary Journal of Women and the Law 1–31 (2003).
Therapeutic Jurisprudence and Outpatient Commitment Law: Kendra’s Law as Case Study (Special Theme Issue: Preventive Outpatient Commitment for Persons with Serious Mental Illness), 9 Psychology, Public Policy & Law 183–208 (2003).
“Chimes of Freedom:” International Human Rights and Institutional Mental Disability Law (Symposium: International Human Rights Law and the Institutional Treatment of Persons with Mental Disabilities: The Case of Hungary), 21 New York Law School Journal of International & Comparative Law 423-433 (2002).
An Overview: International Human Rights and Mental Disability Law (Symposium: International Human Rights Law and the Institutional Treatment of Persons with Mental Disabilities: The Case of Hungary), 21 New York Law School Journal of International & Comparative Law 340–360 (2002) (with E. Szeli & K. Kanev).
“Things Have Changed: Looking at Non-Institutional Mental Disability Law Through the Sanism Filter.” (Special Issue: Reflecting on the Legal Issues of Our Times. New York Law School Faculty Presentation Day), 46 New York Law School Law Review 535-545 (2002-2003).
“What’s Good is Bad, What’s Bad is Good, You’ll Find Out When You Reach the Top, You’re on the Bottom: Are the Americans with Disabilities Act (and Olmstead v. L.C.) Anything More Than ‘Idiot Wind.'” 35 University of Michigan Journal of Law Reform 235-261 (2001-2002).
“‘For the Misdemeanor Outlaw’: The Impact of the ADA on the Institutionalization of Criminal Defendants with Mental Disabilities (Symposium: The Americans with Disabilities Act: A Ten-Year Retrospective).” 52 Alabama Law Review 193-240 (2000).
“Stepping Outside the Box: Viewing Your Client in a Whole New Light (Symposium: Creative Problem Solving Conference).” 37 California Western Law Review 65-81 (2000).
“‘Half-Wracked Prejudice Leaped Forth’: Sanism, Pretextuality, and Why and How Mental Disability Law Developed as it Did (Symposium: Rethinking Mental Disability Law: Resolving Old Issues in a New Millennium).” 10 Journal of Contemporary Legal Issues 3-36 (1999).
“‘There’s No Success Like Failure/and Failure’s No Success at All’: Exposing the Pretextuality of Kansas v. Hendricks (Symposium: Throwing Away the Key: Social and Legal Responses to Child Molesters).” 92 Northwestern University Law Review 1247–1277 (1998).
“‘Where the Winds Hit Heavy on the Borderline’: Mental Disability Law, Theory and Practice, ‘Us’ and ‘Them’ (Symposium on Mental Disability Law).” 31 Loyola of Los Angeles Law Review 775–794 (1998).
Book Review of Mental Disorder, Work Disability, and the Law, edited by R.J. Bonnie and J. Monahan. 25 Journal of Law, Medicine & Ethics 310–313 (1997).
“‘Mixed-Up Confusion’: Kansas v. Hendricks, Sexually Violent Predator Laws, and Empty Promises.” 2 Health Law Journal 3–9 (1997).
“Sex on the Wards: Conundra for Clinicians.” 25 Journal of the American Academy of Psychiatry and Law 441–460 (1997) (with D. Mossman & D.A. Dorfman).
“‘I’ll Give You Shelter From the Storm’: Privilege, Confidentiality, and Confessions of Crime (Symposium: Executing the Wrong Person: The Professionals’ Ethical Dilemmas).” 29 Loyola of Los Angeles Law Review 1699–1707 (1996).
“Is It More Than ‘Dodging Lions and Wastin’ Time’? Adequacy of Counsel, Questions of Competence, and the Judicial Process in Individual Right to Refuse Treatment Cases.” 2 Psychology, Public Policy, and Law 114–136 (1996) (with D.A. Dorfman).
“‘Make Promises by the Hour': Sex, Drugs, the ADA and Psychiatric Hospitalization (Symposium: Individual Rights and Reasonable Accommodations Under the Americans With Disabilities Act).” 46 DePaul Law Review 947-985 (1997).
“‘No Direction Home:’ The Law and Criminal Defendants With Mental Disabilities.” 20 Mental and Physical Disability Law Reporter 605–612 (1996).
“‘Dignity was the First to Leave’: Godinez v. Moran, Colin Ferguson, and the Trial of Mentally Disabled Criminal Defendants (Symposium: Persons with Disabilities).” 14 Behavioral Sciences & the Law 61–82 (1996).
“Myths, Realities, and the Political World: The Anthropology of Insanity Defense Attitudes.” 24 Bulletin of the American Academy of Psychiatry and the Law 5–27 (1996).
“Therapeutic Jurisprudence and the Civil Rights of Institutionalized Mentally Disabled Persons: Hopeless Oxymoron or Redemptive Strategy?” 1 Psychology, Public Policy, and Law 80–119 (1995) (with K. Gould & D. Dorfman).
“Corrections Law: The Supreme Court and Treatment in Correctional and Forensic Mental Health Facilities: Recent Trends and Decisions.” 30 Criminal Law Bulletin 458–474 (1994).
“The Sanist Lives of Jurors in Death Penalty Cases: The Puzzling Role of ‘Mitigating’ Mental Disability Evidence (Symposium: Capital Punishment).” 8 Notre Dame Journal of Law, Ethics & Public Policy 239-280 (1994).
“Therapeutic Jurisprudence: Understanding the Sanist and Pretextual Bases of Mental Disability Law.” 20 New England Journal on Criminal and Civil Confinement 369–384 (1994).
“Back to the Past: Why Mental Disability Law ‘Reforms’ Don’t Reform.” Book Review of Back to the Asylum: The Future of Mental Health Law and Policy in the United States, by John Q. LaFond and Mary Durham. 4 Criminal Law Forum 403–412 (1993).
“Decoding Right to Refuse Treatment Law (Special Issue: Forensic Treatment).” 16 International Journal of Law and Psychiatry 151–177 (1993).
“Sanism, Social Science, and the Development of Mental Disability Law Jurisprudence.” 11 Behavioral Sciences & the Law 47–66 (1993) (with D.A. Dorfman). Reprinted as Chapter 15 in Law and Psychology, at 169–188, (M. L. Levine, ed., New York University Press, 1995).
“What is Therapeutic Jurisprudence? (Symposium: Therapeutic Jurisprudence)” 10 New York Law School Journal of Human Rights 623–636 (1993).
“Fatal Assumption: A Critical Evaluation of the Role of Counsel in Mental Disability Cases.” 16 Law and Human Behavior 39–59 (1992).
Book Review of Out of Bedlam: The Truth About Deinstitutionalization, by Ann Braden Johnson. 8 New York Law School Journal on Human Rights 557–575 (1991).
“Morality and Pretextuality, Psychiatry and Law: Of ‘Ordinary Common Sense,’ Heuristic Reasoning, and Cognitive Dissonance.” 19 Bulletin of the American Academy of Psychiatry and the Law 131–150 (1991).
“Power Imbalances in Therapeutic and Forensic Relationships.” 9 Behavioral Sciences & the Law 111–128 (1991). Reprinted in The Hatherleigh Guide to Psychotherapy, at 215–229 (Hatherleigh, 1995).
“AIDS-Related Dementia and Competency to Stand Trial: A Potential Abuse of the Forensic Mental Health System?” 18 Bulletin of the American Academy of Psychiatry and the Law 349–363 (1990) (with J.A. Dvoskin).
“Are Courts Competent to Decide Competency Questions? Stripping the Facade from United States v. Charters.” 38 University of Kansas Law Review 957–1001 (1990).
“Colorado v. Connelly: Farewell to Free Will?” 14 Search and Seizure Law Report 121–128 (1987). Reprinted as, “Criminal Confessions and the Mentally Disabled: Colorado v. Connelly and the Future of Free Will.” In From Criminal Court Consultation, at 157–192 (R. Rosner & R.B. Harmon, eds., Plenum Press, 1989).
“Admissibility of Psychiatric Evaluations under Miranda and the Right to Counsel: Satterwhite and Buchanan.” 15 Search and Seizure Law Report 73–78 (1988).
“Fourth Amendment Right of Mentally Ill Defendants to Refuse Medication Before Trial.” 15 Search and Seizure Law Report 9–15 (1988).
“Economic Rights of the Institutionalized Mentally Disabled.” 10 International Journal of Law & Psychiatry 187–214 (1987).
“State Constitutions and Statutes as Sources of Rights for the Mentally Disabled: The Last Frontier? (Symposium: The Future Direction of Disability Law: New Approaches and Forums).” 20 Loyola of Los Angeles Law Review 1249–1327 (1987).
“The Supreme Court and the Mentally Disabled Criminal Defendant: Recent Developments.” 15 Bulletin of the American Academy of Psychiatry and the Law 391–409 (1987).
“Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional and Tort Liability Aspects of the Right of the Institutionalized Mentally Disabled to Refuse Treatment: On the Cutting Edge.” 3 Touro Law Review 13–46 (1986).
Book Review of Testifying in Court, by Jack E. Horsley and John Carloca. 13 Journal of Psychiatry & Law 465–469 (1985).
“The Supreme Court, the Mentally Disabled Criminal Defendant, Psychiatric Testimony in Death Penalty Cases, and the Power of Symbolism: Dulling the Ake in Barefoot’s Achilles Heel (Symposium: The Cutting Edge+Emerging Medial Issues and the Law).”3 New York Law School Human Rights Annual 91-169 (1985).
“The United States Supreme Court and Mental Health Law: A Retrospective.” 4 Medicine and Law 49–54 (1985).
“Proportionality Review in New Jersey: An Indispensable Safeguard in the Capital Sentencing Process.” 15 Rutgers Law Journal 399–442 (1984) (with J.H. Rodriguez & J.M. Apicella).
“The Insanity Defense Under Siege: Legislative Assaults and Legal Rejoinders (Symposium: Perspectives on Mental Illness and Mental Handicaps: Part I). 14 Rutgers Law Journal 397–430 (1983) (with J.H. Rodriguez & L.M. LeWinn).
Book Review of Psychology in Legal Contexts, by Lloyd Bostock. 10 Journal of Psychiatry & Law 111–114 (1982).
Book Review of Law and Psychological Practice, by Robert L. Schitzgebel and R. Kirkland Schwitzgebel. 9 Journal of Psychiatry & Law 229–233 (1981).
“An Invitation to the Dance: An Empirical Response to Chief Justice Warren Burger’s ‘Time-Consuming Procedural Minuets’ Theory in Parham v. J.R.” 9 Bulletin of the American Academy of Psychiatry and the Law 149–164 (June 1981).
“Rights of Ex-Patients in the Community: The Next Frontier?” 8 Bulletin of the American Academy of Psychiatry and the Law 33–43 (1980).
“Après the Acquittal, Le Déluge: Release Procedures and Allocation of the Burden of Proof in Subsequent Review Hearings Following a Finding of ‘Not Guilty by Reason of Insanity’ in State of New Jersey v. Herta Fields.” 7 Bulletin of American Academy of Psychiatry and the Law 29–38 (1979).
“Legal Implications of Behavior Modification Programs.” 4 Bulletin of the American Academy of Psychiatry and the Law 175–183 (1976).
“Rights of the Mentally Handicapped.” 4 Bulletin of the American Academy of Psychiatry and the Law 77–86 (1976).
“The Role of the Lawyer in Mental Health Advocacy.” 4 Bulletin of the American Academy of Psychiatry and the Law 204–215 (1976).
“Psychiatric Testimony in a Criminal Setting.” 3 Bulletin of the American Academy of Psychiatry and the Law 143–151 (1975).
NEWSPAPER ARTICLES, PRACTICE MATERIALS, AND OTHER PUBLICATIONS
The Impact of the ADA on the Treatment of Psychiatric Inpatients, 26 Directions in Psychiatry, 129-137 (2006).
Kumho for Clinicians in the Courtroom: Inconsistency in the Trial Courts, 24 (2) Medical Malpractice at 1-2, 4-7 (with H. Bursztajn, M. Pulde, & D. Pirakititikulr) (2006).
Recent Criminal Legal Decisions: Implications for Forensic Mental Health Experts in Forensic Psychology: Advanced Topics 333 (2006) (A. Goldstein, ed).
Review: Bob Dylan Concert, Wachovia Spectrum (November 18, 2006).
Commentary: Mental Health Legislation, 43 Israel Journal of Psychiatry 227-230 (2006).
Competency to Stand Trial in Crime and the Mind (American Bar Association, 2005) (R. Sadoff & F. Dattilio, Eds).
“Beyond Dusky and Godinez: Criminal Competency Before and After Trial.” (Symposium), 21 Behavioral Sciences and the Law 297-310 (2003).
“Therapeutic Jurisprudence and Outpatient Commitment Law: Kendra’s Law as Case Study.” (Special Theme Issue: Preventive Outpatient Commitment for Persons with Serious Mental Illness), 9 Psychology, Public Policy & Law 183-208 (2003).
Essay in Eight Blocks Away: Memoirs of September 11, 2001 at 75-76 (New York Law School, 2002).
“Second Opinion Legal Consultation in Criminal Competency Evaluations.” 23 American Journal of Forensic Psychiatry 59-72 (2002) (with D.P. Greenfield, E.J. Dougherty, R.I. Friedman, R.M. Jackson, J.W. Podboy & M.I. Zimmerman).
“On the Edge: The Insanity Defense in America Today.” 16 In Brief 3-7 (Spring/Summer 1998).
Editor, “Report on Mental Disability Law.” (Civic Research Institute, 1994-1996).
“The Right of Hospitalized Patients to Engage in Sexual Interaction.” 15 Psychiatric Forum 1 (1995).
“‘With Great Lawyers You Have Discussed…’ : References to Bob Dylan in Published Legal Cases.” On the Tracks, Spring 1995, at 15.
“Power Imbalances in Forensic Relationships.” Lesson 3a in 3 Ethics in Psychotherapy (D. Cermele, ed.). Hatherleigh, 1995.
“Power Imbalances in Therapeutic Relationships.” Lesson 3b in 3 Ethics in Psychotherapy (D. Cermele, ed.). Hatherleigh, 1995.
“Law and the Delivery of Mental Health Services in the Community.” 64 American Journal of Orthopsychiatry 194-208 (1994).
“A Major Step Backwards: Deciphering Godinez v. Moran.” 2 Criminal Practice Law Reporter 89 (1994).
“New Perspectives on Tarasoff: The Institutionalization of Patients and Constitutional Rights.” 11 Psychiatric Times 12 (November 1994).
“Forced Drugging and Fair Trial Rights: Understanding Riggins v. Nevada.” 1 Criminal Practice Law Report 64 (1993).
“Much More than Meets the Eye: Deconstructing Heller v. Doe.” 19 Newsletter of the American Academy of Psychiatry & Law 62-64 (December, 1993).
“Sexual Activity Among Psychiatric Inpatients: International Perspectives.” 4 Journal of Forensic Psychiatry 109 (1993) (with A. Payne).
“New Directions in the Legal Regulation of the Mental Health Profession.” Foreword to Psychiatric Malpractice, by Robert I. Simon and Robert L. Sadoff (American Psychiatric Press, 1992).
“Psychiatry and the Homeless Mentally Ill: A Reply to Dr. Lamb.” 149 American Journal of Psychiatry 951-957. (1992).
“Riggins v. Nevada: Forced Medication Collides With the Right to a Fair Trial.” 17 Newsletter of the American Academy of Psychiatry & Law 81-83 (December 1992).
“Reading the Supreme Court’s Tea Leaves: Predicting Judicial Behavior in Civil and Criminal Right to Refuse Treatment Cases.” 12 American Journal of Forensic Psychiatry 37 (1991).
“Involuntary Civil Commitment of Juveniles.” Lesson 14 in 9 Directions in Psychiatry (1989).
“Taking Syndromes Seriously: State v. Ciskie, ‘Ordinary Common Sense’ and the Limits of Expert Testimony.” 14 Newsletter of the American Academy of Psychiatry & Law 48 (1989).
“United States v. Charters: The Right of Pretrial Detainees to Refuse Medication.” 13 Newsletter of the American Academy of Psychiatry & Law 4-8 (April 1988).
“Five Years After: Judicial Interpretation of the Supreme Court Right to Treatment Decision.” Lesson 10 in 7 Directions in Psychiatry (1987).
“Forensic Psychiatric Witness and Contingent Fee Arrangements: Ethical Implications From a Lawyer’s Perspectives.” 11 Newsletter of the American Academy of Psychology and the Law 25-26 (April 1986).
“The Right to Refuse Treatment.” Lesson 14 in 6 Directions in Psychiatry (1986).
“After Hinkley: Old Myths, New Realities and the Future of the Insanity Defense.” Lesson 22 in 5 Directions in Psychiatry (1985).
“Discharged Pending Placement: The Due Process Rights of the Institutionalized Mentally Handicapped with ‘Nowhere to Go.’” Lesson 21 in 5 Directions in Psychiatry (1985).
“The Beat Goes On: Music-as-Metaphor and the Family.” 7 Family Therapy Networker 53 (1983) (with L. Perlin).
“Recent Developments in Mental Health Law.” 1983 Psychiatric Clinics of North America 539 (1983).
“Whose Plea Is It Anyway? Insanity Defense Myths and Realities.” 79 Philadelphia Medicine 5 (1983).
“Mental Patient Advocacy by a Public Advocate.” 54 Psychology Quarterly 169-176 (1982).
“The Right to Refuse Treatment: A New Right Emerges.” 1 Advocacy Now: Journal of Patients’ Rights & Mental Health Advocacy 9-10 (1979).
“The Right to Refuse Treatment in New Jersey.” 6 Psychiatric Annals 300 (1976). Reprinted in Psychiatrists and the Legal Process: Diagnosis and Debate (R.J. Bonnie, ed., 1977).
“On ‘Behavior Therapy and Civil Liberties.’” 31 American Psychologist 534 (1976).
Book Review of Cops and Rebels: A Study of Provocation, by Paul Chevigny. 10 Criminal Law Bulletin 267-271 (1974).
Book Review of The Meaning of Criminal Insanity, by Herbert Fingarette. 9 Criminal Law Bulletin 375-379 (1973).
“The Insanity Defense in English Speaking African Countries.” 1 African Law Studies 73-92 (1969).