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The path of mental disability law over the past 35 years bears the stamp of the work of Dr. Robert L. Sadoff, one of the leading forensic psychiatrists in the nation. This article tracks the development of civil commitment law, right to... more
The path of mental disability law over the past 35 years bears the stamp of the work of Dr. Robert L. Sadoff, one of the leading forensic psychiatrists in the nation. This article tracks the development of civil commitment law, right to treatment law, and right to refuse treatment law, and demonstrates the crucial roles that Dr. Sadoff has played in each of these.
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In this paper, I seek to contextualize veterans courts in light of the therapeutic jurisprudence (TJ) movement, the turn to problem-solving courts of all sorts (especially focusing on mental health courts), and the societal ambivalence... more
In this paper, I seek to contextualize veterans courts in light of the therapeutic jurisprudence (TJ) movement, the turn to problem-solving courts of all sorts (especially focusing on mental health courts), and the societal ambivalence that we have shown to veterans in the four decades since the Vietnam war. I argue that TJ’s focuses on how law actually impacts people’s lives, on the law’s influence on emotional life and psychological well-being and on the need for law to value psychological health and avoid the imposition of anti-therapeutic consequences whenever possible can serve as a template for a veterans courts model (if we are to expand these courts robustly). TJ is the explicit inspiration for many of the most important problem-solving courts (including Judge Ginger Lerner-Wren’s mental health court in Broward County), but it is also clear that many such courts – specifically, some drug courts – do not follow TJ principles, existing, instead in a “due process-free zone” (im...
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Research Interests: Sociology and Medical Law
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This article questions the assumption that mentally disabled individuals are regularly afforded com- petent counsel. It finds that such counsel is frequently not available and that our failure to challenge this assumption threatens to... more
This article questions the assumption that mentally disabled individuals are regularly afforded com- petent counsel. It finds that such counsel is frequently not available and that our failure to challenge this assumption threatens to make illusory reform efforts by lawyers and ...
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This essay, based on the 3rd Annual Martin Tansey Memorial Lecture, delivered May 26, 2010, at the Criminal Courts of Justice in Dublin, and sponsored by the Association of Criminal Justice Research and Development, introduces the... more
This essay, based on the 3rd Annual Martin Tansey Memorial Lecture, delivered May 26, 2010, at the Criminal Courts of Justice in Dublin, and sponsored by the Association of Criminal Justice Research and Development, introduces the perspective of therapeutic jurisprudence (TJ) and applies the perspective to several criminal justice issues, such as sentencing, probation, and parole. It calls for an academic-practitioner interdisciplinary and international partnership to enable the field to grow and flourish.
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... Whether hospitals or other treatment facilities use innovative treatment programs or conventional ap-proaches, research would be desirable concerning the suggested applications of therapeutic jurisprudence in the... more
... Whether hospitals or other treatment facilities use innovative treatment programs or conventional ap-proaches, research would be desirable concerning the suggested applications of therapeutic jurisprudence in the competency-to-stand-trial context. ...
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This paper discusses a conceptual tension that arises from the attempt to regulate the fiduciary therapeutic relationship through the law of negligence. This tension becomes particularly problematic when courts adopt crystallized duties... more
This paper discusses a conceptual tension that arises from the attempt to regulate the fiduciary therapeutic relationship through the law of negligence. This tension becomes particularly problematic when courts adopt crystallized duties as per se rules or as presumptive standards of care for psychotherapists. Under certain conditions, this tension can undermine the therapeutic process, the fiduciary nature of the therapeutic relationship, and the process by which professional organizations promulgate guidelines for their members. Thus, under certain circumstances, regulation through negligence law may frustrate both therapeutic and legal purposes. This paper suggests steps that courts and professional organizations can take to minimize the insidious effects of this tension, but it does not contend that these steps will resolve all of the difficulties associated with tort regulation of psychotherapy.
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At the University of Arizona, we hope to develop a series of studies that will ultimately examine a variety of empirical issues relating to the law and plea process with respect to sex offenders. These studies arise from one particular... more
At the University of Arizona, we hope to develop a series of studies that will ultimately examine a variety of empirical issues relating to the law and plea process with respect to sex offenders. These studies arise from one particular therapeutic jurisprudence application proposed by David Wexler and Bruce Winick. This Article summarizes the empirical questions raised by Wexler and
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... Whether hospitals or other treatment facilities use innovative treatment programs or conventional ap-proaches, research would be desirable concerning the suggested applications of therapeutic jurisprudence in the... more
... Whether hospitals or other treatment facilities use innovative treatment programs or conventional ap-proaches, research would be desirable concerning the suggested applications of therapeutic jurisprudence in the competency-to-stand-trial context. ...
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ABSTRACT This essay forms the basis of a presentation at Balliol College, Oxford University, at the International Symposium on Therapeutic Jurisprudence and Problem-Solving Justice. Although therapeutic jurisprudence( TJ) actually... more
ABSTRACT This essay forms the basis of a presentation at Balliol College, Oxford University, at the International Symposium on Therapeutic Jurisprudence and Problem-Solving Justice. Although therapeutic jurisprudence( TJ) actually originated outside the context of problem-solving courts, TJ in practice remains closely associated with such courts, probably because their structure invites the use of a style of judging endorsed by the TJ literature. Recently, however, for economic and other reasons, there has been an interest in “mainstreaming” TJ and related approaches to judging. For that to occur, we need to examine the governing “legal landscapes” (legal rules and legal procedures) in mainstream criminal courts to see how “TJ-friendly “– or unfriendly — they may be. We may conceptualize the principles of TJ judging as a kind of “liquid,” and can look at the operative legal structures as “bottles,” An analysis of varying legal provisions will indicate how much of the TJ liquid can be poured into the assorted bottles. This examination can lead to proposing a TJ “code” of proposed criminal processes, together with a commentary explaining how, under the given suggested structures, the law can be administered to maximize the use of TJ judging principles. In the present essay, I concentrate mostly (but not exclusively) on US law, although the coverage is quite spotty, and a state-by-state TJ look at relevant criminal processes is very much in order. Moreover, as TJ is now quite international in scope, my hope is that the exercise might be undertaken as well in other jurisdictions, and that the result may be the creation of a rich body of TJ thinking in a comparative law context.