Mental Disability Law, Survey of
Students examine the civil and constitutional bases of mental disability law in such areas as civil commitment; institutional rights (with specific focus on the right to refuse treatment); and de-institutionalization, aftercare, and federal statutory rights (with specific focus on the Americans with Disabilities Act). Students explore all aspects of the role of mental disability in the criminal trial process, including criminal incompetencies; insanity defense; federal sentencing guidelines; and the death penalty. Students also study the meanings of sanism and pretextuality, the history of mental disability law and why and how it has developed as it has; and most importantly, why judges and fact finders decide mental disability law cases the way they do, to facilitate our predictions of future trends and outcomes.
This upper-level substantive course examines the legal, historical, and policy issues related to mental disability.
Recommended for the following Professional Pathways: Civil Rights/Civil Liberties; Criminal Defense; Criminal Prosecution; Family Law; Government/Public Sector; General Practice – Litigation/Dispute Resolution