American Bankruptcy Institute Law Review 17 Am. Bankr. Inst. L. Rev., No. 1, Spring, 2009. Boston College Law Review 50 B.C. L. Rev., No. 3, May, 2009. Boston University Public Interest Law Journal 18 B.U. Pub. Int. L.J., No. 2, Spring, 2009. Cardozo Journal of Conflict Resolution 10 Cardozo J. Conflict Resol., No. 2, Spring, 2009. Cardozo Public Law, Policy, & Ethics Journal 7 Cardozo Pub. L. Pol’y & Ethics J., No. 3, Summer, 2009. Chicago Journal of International Law 10 Chi. J. Int’l L., No. 1, Summer, 2009. Colorado Journal of International Environmental Law and Policy 20 Colo. J. Int’l Envtl. L. & Pol’y, No. 2, Winter, 2009. Columbia Journal of Law & the Arts 32 Colum. J.L. & Arts, No. 3, Spring, 2009. Connecticut Public Interest Law Journal 8 Conn. Pub. Int. L.J., No. 2, Spring-Summer, 2009. Cornell Journal of Law and Public Policy 18 Cornell J.L. & Pub. Pol’y, No. 1, Fall, 2008. Cornell Law Review 94 Cornell L. Rev., No. 5, July, 2009. Creighton Law Review 42 Creighton L. Rev., No. 3, April, 2009. Criminal Law Forum 20 Crim. L. Forum, Nos. 2-3, Pp. 173-394, 2009. Delaware Journal of Corporate Law 34 Del. J. Corp. L., No. 2, Pp. 433-754, 2009. Environmental Law Reporter News & Analysis 39 Envtl. L. Rep. News & Analysis, No. 7, July, 2009. European Journal of International Law 20 Eur. J. Int’l L., No. 2, April, 2009. Family Law Quarterly 43 Fam. L.Q., No. 1, Spring, 2009. Georgetown Journal of International Law 40 Geo. J. Int’l L., No. 3, Spring, 2009. Georgetown Journal of Legal Ethics 22 Geo. J. Legal Ethics, No. 2, Spring, 2009. Golden Gate University Law Review 39 Golden Gate U. L. Rev., No. 2, Winter, 2009. Harvard Environmental Law Review 33 Harv. Envtl. L. Rev., No. 2, Pp. 297-608, 2009. International Review of Law and Economics 29 Int’l Rev. L. & Econ., No. 1, March, 2009. Journal of Environmental Law and Litigation 24 J. Envtl. L. & Litig., No. 1, Pp. 1-201, 2009. Journal of Legislation 34 J. Legis., No. 1, Pp. 1-98, 2008. Journal of Technology Law & Policy 14 J. Tech. L. & Pol’y, No. 1, June, 2009. Labor Lawyer 24 Lab. Law., No. 3, Winter/Spring, 2009. Michigan Journal of International Law 30 Mich. J. Int’l L., No. 3, Spring, 2009. New Criminal Law Review 12 New Crim. L. Rev., No. 2, Spring, 2009. Northern Kentucky Law Review 36 N. Ky. L. Rev., No. 4, Pp. 445-654, 2009. Ohio Northern University Law Review 35 Ohio N.U. L. Rev., No. 2, Pp. 445-886, 2009. Pace Law Review 29 Pace L. Rev., No. 3, Spring, 2009. Quinnipiac Health Law Journal 12 Quinnipiac Health L.J., No. 2, Pp. 209-332, 2008-2009. Real Property, Trust and Estate Law Journal 44 Real Prop. Tr. & Est. L.J., No. 1, Spring, 2009. Rutgers Race and the Law Review 10 Rutgers Race & L. Rev., No. 2, Pp. 441-629, 2009. San Diego Law Review 46 San Diego L. Rev., No. 2, Spring, 2009. Seton Hall Law Review 39 Seton Hall L. Rev., No. 3, Pp. 725-1102, 2009. Southern California Interdisciplinary Law Journal 18 S. Cal. Interdisc. L.J., No. 3, Spring, 2009. Stanford Environmental Law Journal 28 Stan. Envtl. L.J., No. 3, July, 2009. Tulsa Law Review 44 Tulsa L. Rev., No. 2, Winter, 2008. UMKC Law Review 77 UMKC L. Rev., No. 4, Summer, 2009. Washburn Law Journal 48 Washburn L.J., No. 3, Spring, 2009. Washington University Global Studies Law Review 8 Wash. U. Global Stud. L. Rev., No. 3, Pp.451-617, 2009. Washington University Journal of Law & Policy 29 Wash. U. J.L. & Pol’y, Pp. 1-401, 2009. Washington University Law Review 86 Wash. U. L. Rev., No. 6, Pp. 1273-1521, 2009. William Mitchell Law Review 35 Wm. Mitchell L. Rev., No. 4, Pp. 1235-1609, 2009. Yale Journal of International Law 34 Yale J. Int’l L., No. 2, Summer, 2009. Yale Journal on Regulation 26 Yale J. on Reg., No. 2, Summer, 2009.

/pdf/current-index-to-legal-periodicals-8re353ze53.pdf

Current index to legal periodicals

The morality of freedom

Informed Consent. Legal Theory and Clinical Practice

/pdf/the-economic-approach-to-law-3x1zmvsxn8.pdf

The economic approach to law

Community notification, known as "Megan's Law," provides the public with information about known sex offenders in an effort to assist parents and potential victims to protect themselves from dangerous predators. The purpose of this study was to explore the impact of community notification on the lives of registered sex offenders. Two hundred and thirty-nine sex offenders in Connecticut and Indiana were surveyed. The negative consequences that occurred with the greatest frequency included job loss, threats and harassment, property damage, and suffering of household members. A minority of sex offenders reported housing disruption or physical violence following community notification. The majority experienced psychosocial distress such as depression, shame, and hopelessness. Recommendations are made for community notification policies that rely on empirically derived risk assessment classification systems in order to better inform the public about sex offenders' danger while minimizing the obstacles that interfere with successful community reintegration.

/pdf/megan-s-law-and-its-impact-on-community-re-entry-for-sex-1rii7crmxg.pdf

Megan's Law and its impact on community re-entry for sex offenders.

Mental health law, which originated only about 20 years ago,1 has reached a turning point. Born in the aftermath of the civil rights movement, and seizing the momentum of the revolution in criminal procedure and prisoners' rights, the field was built on a constitutional foundation that grew out of concern for protecting the rights of patients. But that constitutional foundation is now crumbling, and as a result, mental health law seems to have lost its driving force and much of its lustre. Bruce Ennis, appropriately described as the founder of the mental health bar,2 set the stage for advocacy and scholarship in a 1971 article which argued that "if persons are involuntarily to be confined because of mental illness, the standards and procedures for confine ment should guarantee no fewer rights than those afford ed criminal defendants."3 While early case law seemed to embrace this premise, the attraction soon wore off. Indeed, even in the heyday of mental health law, the courts rarely accorded mental patients the full-blown rights accorded to criminal defendants. In any event, the criminal procedure revolution surely has been quelled, leading to a concomitant calm in the evolution of mental health law. A new perspective is needed to rejuvenate the field and to infuse it with academic appeal. The time has come to conceptualize new approaches and research directions. Our research interests have increasingly focused on what we have come to call "therapeutic jurisprudence" the extent to which substantive rules, legal procedures, and the roles of lawyers and judges produce therapeutic or antitherapeutic consequences.4 The purpose of this essay is to describe what we mean by therapeutic jurispru dence, and to explain how the therapeutic jurisprudence

https://www.jstor.org/stable/info/20783213

Therapeutic jurisprudence and criminal justice mental health issues

This Article analyzes the concept of competency to be executed. It examines the Supreme Court's 1986 decision in Ford v. Wainwright, discussing both its Eighth Amendment and procedural due process determinations. It then considers the standard that should be applied in determining competency in this context and the procedures that the states should utilize to insure a fair determination consistent with due process. The article then considers the perplexing problem of whether an incompetent death row prisoner may assert a constitutional or statutory right to refuse treatment designed to restore him to competency for execution, examining both the constitutional and therapeutic implications of involuntary treatment in this context. Language: en

Competency to be executed: A therapeutic jurisprudence perspective

The Supreme Court's 2002 decision in Atkins v. Virginia and 2005 decision in Roper v. Simmons marked a significant new direction in Eighth Amendment jurisprudence. This Article explores the Court's emerging conception of proportionality under the Eighth Amendment, which also is reflected in its 2008 decision in Kennedy v. Louisiana. The Article analyzes the application of this emerging approach in the context of severe mental illness. It argues that the Court can extend Atkins and Roper to severe mental illness even in the absence of a legislative trend away from using the death penalty in this context. The strong parallels between severe mental illness at the time of the offense and mental retardation and juvenile status make such an extension of the Eighth Amendment appropriate. Severe mental illness would not justify a categorical exemption from the death penalty; rather, a determination would need to be made on a case-by-case basis. The major mental disorders, like schizophrenia, major depression, and bipolar disorder, could qualify in appropriate cases, but not antisocial personality disorder, pedophilia, and voluntary intoxication. The Article discusses the functional standard that should be used in this context, and proposes that the determination be made by the trial judge on a pretrial motion rather than by the capital jury at the penalty phase. Future implications of the Court's emerging approach also are examined.

The Supreme Court's Emerging Death Penalty Jurisprudence: Severe Mental Illness as the Next Frontier

Psychotropic medication in the criminal trial process: the constitutional and therapeutic implications of Riggins v. Nevada.

The problem of elder drivers experiencing impariments that diminish their driving abilities raises serious concerns for public health and safety. Although this is an important health problem, existing state practices are inadequate in several respects and impose unnecessary negative social, economic, health, and psychological consequences for many of the elder drivers whose driving privileges are restricted or terminated.This article uses the approach of Therapeutic Jurisprudence to examine these issues by focusing attention on the antitherapeutic consequences of existing rules and practices. Therapeutic jurisprudence provides a useful complement to public health strategies for dealing with these issues. We seek to balance the public health needs of the community with the desire to minimize the negative consequences that existing practices pose on the psychological wellbeing of elder drivers and their families. We propose a comprehensive solution based on the Social Ecology of Health model augmented by principles and approaches of therapeutic jurisprudence. This model, which we call the Safe Driving Center, combines screening and assessment, remedial/rehabilitation interventions, education and training, individual and family counseling, and a comprehensive community-based approach for dealing with the problem preventatively. Whenever possible, the center will seek to persuade impaired elder drivers voluntarily to cease or restrict their driving by offering inducements and alternative transportation solutions.

Bruce J. Winick

Papers

Therapeutic jurisprudence and criminal justice mental health issues

Competency to be executed: A therapeutic jurisprudence perspective

The Supreme Court's Emerging Death Penalty Jurisprudence: Severe Mental Illness as the Next Frontier

Psychotropic medication in the criminal trial process: the constitutional and therapeutic implications of Riggins v. Nevada.

Aging, Driving, and Public Health: A Therapeutic Jurisprudence Approach