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Chronicling a Movement for Civil Rights

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Brakel Samuel Jan, Parry John, and Weiner Barbara A.. The Mentally Disabled and the Law, 3rd ed. (Chicago: American Bar Foundation, 1985). xii + 845 pp. Tables, bibliography, index. $75.00

Published online by Cambridge University Press:  01 July 2024

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The history of the modern movement for civil rights for people with mental disabilities is chronicled in the three editions of the American Bar Foundation's treatise, The Mentally Disabled and the Law. Each presents a snapshot of the status of the law at the time of its publication. Taken together, they provide an overview of the extent of the movement's successes and the speed with which they have been attained in recent years. The first edition, published in 1961, describes the law as it had developed during the years following World War II, and argues that it has been “an opportune time to re-evaluate the law” (Lindman and McIntyre, 1961: 14) and to bring it into conformity with modern scientific understanding of the nature of mental disability and contemporary public opinion concerning individual rights (Ibid.). The second edition, published in 1971, recounts the changes that had taken place in the 1960s, primarily the increasing federal activity in the field of mental disability, as well as scattered developments in state case law and legislation. But its authors again conclude that “[t]he factors conducive to a thorough examination and réévaluation of the laws as they relate to the rights of the mentally disabled exist today to a greater extent than ever before” (Brakel and Rock, 1971: 8).

Type
Review Article
Copyright
Copyright © 1988 The Law and Society Association.

References

References

AMERICAN BAR ASSOCIATION (1984) “Mental Health Criminal Justice Standards,” Chapter 7, American Bar Association Standards for Criminal Justice, 2d Ed. Boston: Little, Brown.Google Scholar
BRADDOCK, David (1987) Federal Policy toward Mental Retardation and Developmental Disabilities. Baltimore: Paul H. Brookes.Google Scholar
BRAKEL, Samuel J., and Ronald S., ROCK (1971) The Mentally Disabled and the Law, revised ed. Chicago: University of Chicago Press.Google Scholar
LINDMAN, Frank T., and McINTYRE, Donald M. Jr. (1961) The Mentally Disabled and the Law. Chicago: University of Chicago Press.Google Scholar
MEISEL, Alan (1982) “The Rights of the Mentally Ill under State Constitutions,” 45 no. 3 Law and Contemporary Problems 7.Google Scholar
MENTAL HEALTH LAW PROJECT (1977–78) “Legal Issues in State Mental Health Care: Proposals for Change,” 2 Mental Disability Law Reporter 55, 265, 439, 613.Google Scholar
MILNER, Neal (1987) “The Right to Refuse Treatment: Four Case Studies of Legal Mobilization,” 21 Law & Society Review 447.Google Scholar
ROTHMAN, David, and Sheila, ROTHMAN (1984) The Willowbrook Wars. New York: Harper and Row.Google Scholar
SALES, Bruce D., D. Matthew, POWELL, and Richard VAN, DUIZEND (1982) Disabled Persons and the Law: State Legislative Issues. New York: Plenum Press.CrossRefGoogle Scholar
SCOTCH, Richard K. (1984) From Good Will to Civil Rights: Transforming Federal Disability Policy. Philadelphia: Temple University Press.Google Scholar
WARREN, Carol (1982) The Court of Last Resort: Mental Illness and the Law. Chicago: University of Chicago Press.Google Scholar
WEXLER, David B. (1981) Mental Health Law: Major Issues. New York: Plenum Press.CrossRefGoogle Scholar

Cases Cited

O'Connor v. Donaldson, 422 U.S. 563 (1975).Google Scholar
Parham v. J.R., 442 U.S. 584 (1979).Google Scholar
Youngberg v. Romeo, 457 U.S. 357 (1982).Google Scholar