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Articles from Developments in Mental Health Law (January 1, 2007)

1-27 out of 27 article(s)
Title Author Type Words
"State-created danger" doctrine can be used to hold a municipality and its police officer liable for a federal constitutional claim that the officer wrongfully placed a woman in peril from a teenager known to be violent and failed to notify and protect the woman as promised. Hafemeister, Thomas L. 1312
A cloudy crystal ball: concerns regarding the use of juvenile psychopathy scores in judicial waiver hearings. Kolbe, Vanessa L. 14736
Alaska Supreme Court joins other states in ruling that, unless there is an emergency, psychotropic medication can be administered over objection to an involuntarily hospitalized person only if a judge first finds that the medication is in the person's best interests and no less intrusive treatment is available. Hafemeister, Thomas L. 1229
Before liability can be imposed, plaintiff must show not only that a patient's suicide was foreseeable, but also establish the applicable standard of care, that the psychiatrist breached this standard, and that the breach was a proximate cause of the suicide. Hafemeister, Thomas L. 839
Citing school district's authority to protect and promote the mental health of its students, Ninth Circuit upholds administration of a psychological survey to elementary school children that probes various sexual topics; ruling not disturbed. Hafemeister, Thomas L. 1000
Claim that state violated ADA by not providing sufficient funding for home and community-based Medicaid-funded services for adults with a developmental disability not barred by sovereign immunity. Hafemeister, Thomas L. 538
Constitutional claim for forcible removal by police from home for mental health treatment dismissed; ruling not disturbed. Hafemeister, Thomas L. 450
Conviction of mother who had been found guilty of criminal charge for failing to maintain adequate home conditions for child who committed suicide overturned. Hafemeister, Thomas L. 1091
Correct calculation of inmate's score on designated actuarial instrument a prerequisite for an inmate to be civilly committed in Virginia as a sexually violent predator. Hafemeister, Thomas L. 662
Courtroom can be cleared before a child victim testifies; ruling not disturbed. Hafemeister, Thomas L. 492
Criminal defendant found to lack rational understanding of the proceedings and determined to be incompetent to stand trial. Hafemeister, Thomas L. 405
Defendant who initiates an appeal of his death sentence can not later waive the appeal, even though he has been found competent and his waiver is determined to be voluntary. Hafemeister, Thomas L. 1738
Experience can qualify an individual as an expert witness and a licensed professional counselor can provide testimony that a purported victim of child sexual abuse suffers from PTSD. Hafemeister, Thomas L. 569
Federal judge enjoins California law that would limit the access of minors to violent video games. Hafemeister, Thomas L. 519
Forced grooming found to constitute patient abuse and to be grounds for removal of psychiatric nurse from her position. Hafemeister, Thomas L. 563
Fourth Circuit rejects various mental health-related claims asserted by capital defendant and affirms death penalty; ruling not disturbed. Hafemeister, Thomas L. 678
In federal court, a forensic psychologist can disclose information to a jury that constitutes hearsay if its probative value substantially outweighs its prejudicial effect; Fourth Circuit does not address Crawford issue. Hafemeister, Thomas L. 711
Man who attempted to commit suicide after discharge from emergency room can pursue EMTALA and medical malpractice claim against hospital. Hafemeister, Thomas L. 538
Medicaid Act does not require states to provide services to individuals with a developmental disability. Hafemeister, Thomas L. 1108
New Jersey statute shielding mental health practitioners from liability does not apply when practitioner has abandoned a patient who subsequently commits suicide. Hafemeister, Thomas L. 862
New York's involuntary hospitalization of sex offenders upon release from prison ruled illegal. Hafemeister, Thomas L. 516
No "recent overt act" required to justify civil commitment of sexually violent predator; ruling not disturbed. Hafemeister, Thomas L. 736
Oklahoma psychiatrist responding to a mental health emergency protected by good Samaritan statute. Hafemeister, Thomas L. 646
Parents of a developmentally disabled autistic adult lack standing to pursue federal civil rights action on behalf of a daughter removed from their home once permanent conservator appointed; ruling not disturbed. Hafemeister, Thomas L. 416
Suicide attempt does not automatically establish grounds for ordering an evaluation of a defendant's competence to stand trial. Hafemeister, Thomas L. 654
Trial verdict assigning death penalty to Daryl Atkins because jury found he was not mentally retarded reversed because of improper expert testimony and inappropriate jury instructions. Hafemeister, Thomas L. 1000
Violent videogames, crime, and the law: looking for proof of a causal connection. Chananie, Jonathan 11193

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