Michael L. Perlin

New York Law School

Professor

185 West Broadway

New York, NY 10013

United States

http://www.nyls.edu/bios/perlin.html

SCHOLARLY PAPERS

101

DOWNLOADS
Rank 1,789

SSRN RANKINGS

Top 1,789

in Total Papers Downloads

14,262

CITATIONS
Rank 11,342

SSRN RANKINGS

Top 11,342

in Total Papers Citations

36

Scholarly Papers (101)

1.

Preventing Sex-Offender Recidivism Through Therapeutic Jurisprudence Approaches and Specialized Community Integration

Temple Political & Civil Rights Law Review, Fall 2012, NYLS Legal Studies Research Paper No. 12/13 #33
Number of pages: 78 Posted: 26 Jul 2012
Heather Cucolo and Michael L. Perlin
New York Law School and New York Law School
Downloads 747 (22,901)

Abstract:

Sex offender law, therapeutic jurisprudence, institutionalization, recidivism, criminal procedure, media impact, judicial decisionmaking

2.

Mental Health Law and Human Rights: Evolution and Contemporary Challenges

MENTAL HEALTH AND HUMAN RIGHTS, Michael Dudley, ed., Oxford University Press, 2008, NYLS Legal Studies Research Paper No. 07/08-28
Number of pages: 22 Posted: 13 May 2008
Michael L. Perlin and Eva Szeli
New York Law School and Arizona State University (ASU) - Department of Psychology
Downloads 524 (35,762)
Citation 2

Abstract:

international human rights law, sanism, mental disability law, United Nations, NGOs

3.

Therapeutic Jurisprudence and Outpatient Commitment Law: Kendra's Law as Case Study

Psychology, Public Policy and Law
Number of pages: 74 Posted: 12 Mar 2002
Michael L. Perlin
New York Law School
Downloads 442 (48,542)
Citation 1

Abstract:

4.

Tangled Up in Law: The Jurisprudence of Bob Dylan

Number of pages: 48 Posted: 01 Sep 2011
Michael L. Perlin
New York Law School
Downloads 380 (54,596)

Abstract:

law and literature, law and the humanities, criminal procedure, civil rights, the legal process, law and music

5.

'His Brain Has Been Mismanaged with Great Skill': How Will Jurors Respond to Neuroimaging Testimony in Insanity Defense Cases?

Akron Law Review, Vol. 42, No. 2, 2009, NYLS Legal Studies Research Paper No. 08/09 #16
Number of pages: 46 Posted: 02 Feb 2009
Michael L. Perlin
New York Law School
Downloads 328 (60,581)
Citation 3

Abstract:

insanity defense, neuroimaging, evidence, jury decisionmaking, criminal procedure

6.

International Human Rights and Comparative Mental Disability Law: The Universal Factors

Syracuse Journal of International Law and Commerce, Vol. 34, No. 2, 2007, NYLS Legal Studies Research Paper No. 06/07-29
Number of pages: 38 Posted: 09 May 2007
Michael L. Perlin
New York Law School
Downloads 289 (76,552)
Citation 3

Abstract:

mental disability law, international human rights law, institutions, forensic facilities, psychiatry, psychology counsel

7.

'There are No Trials Inside the Gates of Eden': Mental Health Courts, the Convention on the Rights of Persons with Disabilities, Dignity, and the Promise of Therapeutic Jurisprudence

Coercive Care, edited by Profs. Bernadette McSherry & Ian Freckelton, Routledge/Taylor & Francis (UK), Forthcoming
Number of pages: 57 Posted: 02 May 2012
Michael L. Perlin
New York Law School
Downloads 232 (90,567)

Abstract:

therapeutic jurisprudence, mental health courts, international human rights, mental disability law; forensic facilities, United Nations Convention on the Rights of Persons with Disabilities, criminal justice system, dignity

'All His Sexless Patients': Persons with Mental Disabilities and the Competence to Have Sex

NYLS Legal Studies Research Paper No. 11/12 #26
Number of pages: 56 Posted: 12 Aug 2011
Michael L. Perlin
New York Law School
Downloads 142 (166,813)

Abstract:

mental disability law, criminal law, criminal procedure, law and sexuality, institutional rights, competence

'All His Sexless Patients': Persons with Mental Disabilities and the Competence to Have Sex

Forthcoming, Washington Law Review, 2014
Number of pages: 64 Posted: 23 Mar 2014 Last Revised: 27 Mar 2014
Michael L. Perlin and Alison J. Lynch
New York Law School and Disability Rights New York
Downloads 86 (241,206)

Abstract:

Sexuality, competency, patient's rights, international human rights law, mental disability law, UN Convention on the Rights of Persons with Disabilities, psychiatric institutions, therapeutic jurisprudence, marriage, statutory rape

9.

Unasked (and Unanswered) Questions About the Role of Neuroimaging in the Criminal Trial Process

American Journal of Forensic Psychology, Vol 28, 2009, NYLS Legal Studies Research Paper No. 09/10 #21
Number of pages: 29 Posted: 19 Feb 2010
Michael L. Perlin and Valerie Rae McClain
New York Law School and Neurology and Physical Therapy Centers of Tampa Bay
Downloads 220 (98,729)
Citation 1

Abstract:

Neuroimaging, Forensic Testimony, Criminal Orcedure, Competency, Expert Witnesses, Violence, Forensic Neuropsychology

10.

International Human Rights and Comparative Mental Disability Law: The Role of Institutional Psychiatry in the Suppression of Political Dissent

NYLS Legal Studies Research Paper No. 05/06-15
Number of pages: 32 Posted: 04 Mar 2006
Michael L. Perlin
New York Law School
Downloads 211 (107,659)
Citation 1

Abstract:

international human rights, mental disability law, political use of psychiatry, sanism, pretextuality

11.

'The Judge, He Cast His Robe Aside': Mental Health Courts, Dignity and Due Process

Journal of Mental Health Law & Policy, 2013, NYLS Legal Studies Research Paper No. 12/13 #53, NYLS Clinical Research Institute Paper No. 31/2012
Number of pages: 45 Posted: 23 Feb 2013
Michael L. Perlin
New York Law School
Downloads 204 (99,581)

Abstract:

mental health courts, problem-solving courts, dignity, therapeutic jurisprudence, counsel, competency, criminal procedure, mental disability law

12.

'Love is Just a Four-Letter Word': Sexuality, International Human Rights, and Therapeutic Jurisprudence

Number of pages: 48 Posted: 19 Jan 2014
Michael L. Perlin and Alison J. Lynch
New York Law School and Disability Rights New York
Downloads 176 (106,243)

Abstract:

Sexuality, patients rights, international human rights law, mental disability law, UN Convention on the Rights of Persons with Disabilities, psychiatric institutions, therapeutic jurisprudence

13.

'Things Have Changed': Looking at Non-Institutional Mental Disability Law Through the Sanism Filter

NYLS Law Review, Forthcoming
Number of pages: 17 Posted: 22 Nov 2002
Michael L. Perlin
New York Law School
Downloads 175 (127,560)
Citation 1

Abstract:

Mental Disability Law, Jurisprudence, Sanism, Pretextuality

14.

'They're Planting Stories in the Press': The Impact of Media Distortions on Sex Offender Law and Policy

NYLS Legal Studies Research Paper No. 12/13 #55, NYLS Clinical Research Institute Paper No. # 33/ 2012
Number of pages: 112 Posted: 21 Feb 2013
Heather Cucolo and Michael L. Perlin
New York Law School and New York Law School
Downloads 173 (80,205)

Abstract:

Sex offender law, therapeutic jurisprudence, institutionalization, recidivism, criminal procedure, media impact, judicial decision-making

15.

'Simplify You, Classify You': Stigma, Stereotypes and Civil Rights in Disability Classification Systems

Georgia State University Law Review, Vol. 25, p. 607, 2009, New York Law School Legal Studies Research Paper No. 06/07-27
Number of pages: 47 Posted: 24 Apr 2007
Michael L. Perlin
New York Law School
Downloads 173 (127,560)
Citation 1

Abstract:

Special education, mental disability law, sanism, pretextuality, labelling, criminal justice, learning disabled

16.

'I Expected It to Happen/I Knew He'd Lost Control': The Impact of PTSD on Criminal Sentencing after the Promulgation of DSM-5

Utah Law Review, Forthcoming, NYLS Legal Studies Research Paper
Number of pages: 69 Posted: 13 Nov 2014
Michael L. Perlin
New York Law School
Downloads 170 (118,357)

Abstract:

Sentencing, post-traumatic stress disorder, Federal Sentencing Guidelines, DSM-5, therapeutic jurisprudence, mental disability, sanism

17.

'Where Souls are Forgotten': Cultural Competencies, Forensic Evaluations and International Human Rights

Psychology, Public Policy and Law, Vol. 15, p. 257, 2009, NYLS Legal Studies Research Paper No. 09/10 #6
Number of pages: 36 Posted: 30 Jul 2009
Michael L. Perlin and Valerie Rae McClain
New York Law School and Neurology and Physical Therapy Centers of Tampa Bay
Downloads 166 (117,809)
Citation 2

Abstract:

forensic evaluations, cultural competency, mental disability law, sentencing, death penalty, international human rights, forensic psychology, forensic neuropsychology, nitigation, UN Convention on the rights of persons with disabilities

18.

Representing Criminal Defendants in Incompetency and Insanity Cases: Some Therapeutic Jurisprudence Dilemmas

NYLS Legal Studies Research Paper No. 07/08-30
Number of pages: 20 Posted: 17 Apr 2008
Michael L. Perlin
New York Law School
Downloads 165 (132,094)

Abstract:

Therapeutic jurisprudence, counsel, insanity, incompetency, criminal procedure, mental disability

19.

'A Change is Gonna Come': The Implications of the United Nations Convention on the Rights of Persons with Disabilities for the Domestic Practice of Constitutional Mental Disability Law

North Illinois University Law Review, Forthcoming, NYLS Legal Studies Research Paper No. 08/09 #21
Number of pages: 22 Posted: 04 Feb 2009
Michael L. Perlin
New York Law School
Downloads 160 (133,509)
Citation 3

Abstract:

Rights of patients, International Human Rights, mental disability law, United Nations Convention on the Rights of Persons with Disabilities

20.

'And I Can See Through Your Brain': Access to Experts, Competency to Consent, and the Impact of Antipsychotic Medications in Neuroimaging Cases in the Criminal Trial Process

Stanford Technology Law Review, Forthcoming, NYLS Legal Studies Research Paper No. 08/09 #20
Number of pages: 38 Posted: 04 Feb 2009
Michael L. Perlin
New York Law School
Downloads 158 (131,423)
Citation 1

Abstract:

insanity defense, competency to consent, evidence, right to expect assistance, criminal procedure, neuroimaging, jury decisionmaking, antipsychotic medication

21.

'Where the Home in the Valley Meets the Damp Dirty Prison': A Human Rights Perspective on Therapeutic Jurisprudence and the Role of Forensic Psychologists in Correctional Settings

Aggression & Violent Behavior, Vol. 14, 2009, NYLS Legal Studies Research Paper No. 08/09 #30
Number of pages: 30 Posted: 19 May 2009
Astrid Birgden and Michael L. Perlin
Deakin University and New York Law School
Downloads 151 (144,146)

Abstract:

Forensic psychology, human rights, therapeutic jurisprudence, international human rights law, ethics.

22.

International Human Rights and Comparative Mental Health Law: The Role of Institutional Psychiatry and the Suppression of Political Dissent

Israel Law Review, Vol. 39, pp. 71-97, 2006, New York Law School Legal Studies Research Paper No. 06/07-26
Number of pages: 30 Posted: 24 Apr 2007
Michael L. Perlin
New York Law School
Downloads 150 (146,398)
Citation 1

Abstract:

mental disability law, international human rights law, institutions, psychiatry, psychology, forensic facilities, suppression of free speech, China, Russia

23.

'Friend to the Martyr, a Friend to the Woman of Shame': Thinking About the Law, Shame and Humiliation

Number of pages: 74 Posted: 19 Jan 2014
Michael L. Perlin and Naomi Weinstein
New York Law School and New York State Unified Court System - Mental Hygiene Legal Service
Downloads 145 (146,398)

Abstract:

humiliation, shame, dignity, therapeutic jurisprudence, Scarlet letters, persons with mental disabilities, elders, sex offenders, international human rights law

24.

'Striking for the Guardians and Protectors of the Mind': The Convention on the Rights of Persons with Mental Disabilities and the Future of Guardianship Law

Penn State Law Review, 2013, NYLS Legal Studies Research Paper No. 12/13 # 54, NYLS Clinical Research Institute Paper No. # 32/ 2012
Number of pages: 42 Posted: 21 Feb 2013
Michael L. Perlin
New York Law School
Downloads 140 (103,904)

Abstract:

guardianship, international human rights law, counsel, mental disability law, Convention on the Rights of Persons with Disabilities, therapeutic jurisprudence

25.

Online, Distance Legal Education as an Agent of Social Change

Pacific McGeorge Global Business & Development Law Journal, Vol. 24, p. 95, 2011, NYLS Clinical Research Institute Paper No. 11/12 #17
Number of pages: 17 Posted: 11 Feb 2012
Michael L. Perlin
New York Law School
Downloads 136 (152,060)

Abstract:

legal education, mental disability law, online education, sanism, pedagogy, international human rights law

26.

And My Best Friend, My Doctor, Won't Even Say What it is I've Got: The Role and Significance of Counsel in Right to Refuse Treatment Cases

San Diego Law Review, Forthcoming
Number of pages: 49 Posted: 24 Jan 2005
Michael L. Perlin
New York Law School
Downloads 133 (164,578)
Citation 3

Abstract:

Psychiatric institutionalization, right to refuse treatment, role of counsel

27.

Neuroimaging and Competency to Be Executed after Panetti

NYLS Legal Studies Research Paper No. 09/10 #20
Number of pages: 40 Posted: 23 Feb 2010
Michael L. Perlin
New York Law School
Downloads 132 (171,205)

Abstract:

neuroimaging, criminal procedure, expert witness, violence, forensic testimony

28.

'Justice's Beautiful Face': Bob Sadoff and the Redemptive Promise of Therapeutic Jurisprudence

Journal of Psychiatry and Law, 2012, NYLS Clinical Research Institute Paper No. 02/2012
Number of pages: 26 Posted: 11 Feb 2012
Michael L. Perlin
New York Law School
Downloads 126 (171,205)

Abstract:

therapeutic jurisprudence, forensic psychiatry, mental disability law, criminal law, criminal procedure, ethics

29.

Understanding the Intersection between International Human Rights and Mental Disability Law: The Role of Dignity

The Routledge Handbook of International Crime and Justice Studies, Bruce Arrigo and Heather Bersot, eds. 2013, NYLS Clinical Research Institute Paper No. 24/2012, NYLS Legal Studies Research Paper No. 12/13 #36
Number of pages: 48 Posted: 06 Dec 2012
Michael L. Perlin
New York Law School
Downloads 124 (149,641)

Abstract:

International human rights law, dignity,mental disability law, therapeutic jurisprudence, forensic mental health system, Convention on the Rights of Persons with Disabilities

30.

'They're an Illusion to Me Now': Forensic Ethics, Sanism and Pretextuality

PSYCHOLOGY AND LAW: BRIDGING THE GAP, David Canter and Rita Zukauskien, eds., 2008, NYLS Legal Studies Research Paper No. 07/08-27
Number of pages: 29 Posted: 08 May 2008
Michael L. Perlin
New York Law School
Downloads 122 (174,268)

Abstract:

expert testimony, forensic ethics, sanism, pretextuality, personal values, therapeutic jurisprudence

31.

Creation of a Disability Rights Tribunal for Asia and the Pacific: Its Impact on China?

NYLS Legal Studies Research Paper No. 10/11 #19
Number of pages: 25 Posted: 20 Jan 2011
Michael L. Perlin and Yoshikazu Ikehara
New York Law School and Tokyo Advocacy Law Office
Downloads 119 (171,205)
Citation 1

Abstract:

China, international human rights law, mental disability law, Convention on the Rights of Persons with Disabilities, Disability Rights Tribunal for Asia and the Pacific, right to counsel, anti-discrimination law, 'Asian values', cultural relativism

32.

'With Faces Hidden While the Walls Were Tightening': Applying International Human Rights Standards to Forensic Psychology

U.S.-China Law Review, Vol. 7, No. 1, 2010, NYLS Legal Studies Research Paper No. 10/11 #15
Number of pages: 14 Posted: 19 Jan 2011
Michael L. Perlin
New York Law School
Downloads 117 (152,060)
Citation 2

Abstract:

international human rights, forensic psychology, therapeutic jurisprudence, mental disability law, institutional litigation

33.

'Abandoned Love': The Impact of Wyatt v. Stickney on the Intersection Between International Human Rights and Domestic Mental Disability Law

Law and Psychology Review, 2011, NYLS Legal Studies Research Paper No. 11/12 #27
Number of pages: 38 Posted: 12 Aug 2011
Michael L. Perlin
New York Law School
Downloads 110 (174,268)

Abstract:

mental disability law, right to treatment, institutional rights, international human rights law, Convention on the Rights of Persons with Disabilities, patients’ rights

34.

'You that Hide Behind Walls': The Relationship between the Convention on the Rights of Persons with Disabilities and the Convention Against Torture and the Treatment of Institutionalized Forensic Patients

Torture and Ill-Treatment in Health-Care Settings: Reflections on the Special Rapporteur on Torture's 2013 Thematic Report, American University Center on Humanitarian Law, 2013 , NYLS Legal Studies Research Paper No. 13/14 #76
Number of pages: 54 Posted: 23 Mar 2014
Michael L. Perlin and Meredith Schriver
New York Law School and New York Law School
Downloads 109 (203,956)

Abstract:

international human rights law, therapeutic jurisprudence, mental disability law, forensic patients, forensic facilities, Convention on the Rights of Persons with Disabilities. Convention Against Torture

35.

'Far from the Turbulent Space': Considering the Adequacy of Counsel in the Representation of Individuals Accused of Being Sexually Violent Predators

Number of pages: 89 Posted: 26 Jan 2014 Last Revised: 28 Jan 2014
Heather Cucolo and Michael L. Perlin
New York Law School and New York Law School
Downloads 109 (177,511)

Abstract:

36.

'Baby, Look Inside Your Mirror': The Legal Profession's Willful and Sanist Blindness to Lawyers with Mental Disabilities

University of Pittsburgh Law Review, Forthcoming, NYLS Legal Studies Research Paper No. 07/08
Number of pages: 27 Posted: 31 Mar 2008
Michael L. Perlin
New York Law School
Downloads 109 (188,756)

Abstract:

Disability, sanism, legal profession, ADA, therapeutic jurisprudence

37.

Limited in Sex, They Dare. Attitudes Toward Issues of Patient Sexuality

American Journal of Forensic Psychiatry, Vol. 26, No. 3, 2005, NYLS Clinical Research Institute Paper No. 05/06-5, NYLS Legal Studies Research Paper No. 05/06-7
Number of pages: 20 Posted: 13 Oct 2005
Michael L. Perlin
New York Law School
Downloads 109 (198,706)

Abstract:

sexuality, persons with mental disabilities, attitudes, rights of persons with mental disabilities to sexual interaction

38.

'Power and Greed and the Corruptible Seed': Mental Disability, Prosecutorial Misconduct, and the Death Penalty

NYLS Legal Studies Research Paper
Number of pages: 21 Posted: 12 Nov 2014
Michael L. Perlin
New York Law School
Downloads 106 (149,641)

Abstract:

death penalty, prosecutorial misconduct, mental disability, counsel, insanity defense, Brady v. Maryland

39.

Promoting Social Change in East Asia: The Movement to Create a Disability Rights Tribunal and the Promise of International Online, Distance Learning

NYLS Legal Studies Research Paper No. 10/11 #17
Number of pages: 32 Posted: 20 Jan 2011
Michael L. Perlin
New York Law School
Downloads 106 (194,910)
Citation 1

Abstract:

distance learning, law school pedagogy, international human rights law, mental disability law, Convention on the Rights of Persons with Disabilities, Disability Rights Tribunal for Asia and the Pacific, right to counsel, anti-discrimination law, “Asian values”, cultural relativism

40.

'They Keep it All Hid': The Ghettoization of Mental Disability Law and its Implications for Legal Education

St. Louis University Law Journal, Symposium Issue, Vol. 54, No. 3, 2010, NYLS Legal Studies Research Paper No. 09/10 #16
Number of pages: 28 Posted: 26 Jan 2010
Michael L. Perlin
New York Law School
Downloads 103 (199,999)

Abstract:

legal education, mental disability law, criminal procedure, online education, sanism, pedagogy

41.

'It's Doom Alone that Counts:' Can International Human Rights Law Be an Effective Source of Rights in Correctional Conditions Litigation?

Behavorial Sciences and Law, Vol. 27, 2009, New York Law School Legal Studies Research Paper Series 09/10 #1
Number of pages: 41 Posted: 07 Jul 2009
Michael L. Perlin and Henry A. Dlugacz
New York Law School and Beldock Levine & Hoffman, LLP
Downloads 102 (199,999)

Abstract:

Corrections, prison litigation, mental health, psychology, international human rights, UN Convention on the Rights of Persons with Disabilities, Prison Litigation Reform Act

42.

'Insanity is Smashing Up Against My Soul': Panetti v. Quarterman and Questions that Won't Go Away

NYLS Legal Studies Research Paper No. 07/08-25
Number of pages: 36 Posted: 08 May 2008
Michael L. Perlin
New York Law School
Downloads 102 (206,718)

Abstract:

death penalty, competence to be executed, expert testimony, medication of death row inmates

43.

Considering Pathological Altruism in the Law from Therapeutic Jurisprudence and Neuroscience Perspectives

PATHOLOGICAL ALTRUISM, Barbara Oakley, Ariel Knafo, Guruprasad Madhavan, David Sloan Wilson, eds., Oxford University Press, 2011
Number of pages: 21 Posted: 15 Dec 2011
Michael L. Perlin
New York Law School
Downloads 97 (199,999)

Abstract:

Therapeutic jurisprudence, cultural defense, organ donation, dignity, voice, criminal procedure, evidence, competency

44.

'John Brown Went off to War': Considering Veterans’ Courts as Problem-Solving Courts

Nova Law Review, 2013, Forthcoming, NYLS Legal Studies Research Paper No. 12/13 #52, NYLS Clinical Research Institute Paper No. # 30/ 2012
Number of pages: 59 Posted: 21 Feb 2013
Michael L. Perlin
New York Law School
Downloads 96 (187,553)

Abstract:

Veterans courts, mental health courts, problem-solving courts, therapeutic jurisprudence, counsel, competency, criminal procedure, mental disability law, Veterans, post-traumatic stress disorder

45.

May You Stay Forever Young: Robert Sadoff and the History of Mental Disability Law

Journal of the American Academy of Psychiatry and the Law, Vol. 33, pp. 236-244, June 2005, NYLS Legal Studies Research Paper No. 05-06/8, NYLS Clinical Research Institute Paper No. 05/06-2
Number of pages: 10 Posted: 17 Oct 2005
Michael L. Perlin
New York Law School
Downloads 96 (208,148)

Abstract:

Dr. Robert L. Sadoff, forensic psychiatry, mental disability law, involuntary civil commitment, right to treatment, right to refuse treatment

46.

Why a Regional Tribunal is Needed to Implement the CRPD

NYLS Legal Studies Research Paper No. 10/11 #18
Number of pages: 24 Posted: 20 Jan 2011
Michael L. Perlin
New York Law School
Downloads 91 (216,873)
Citation 1

Abstract:

international human rights law, mental disability law, Convention on the Rights of Persons with Disabilities, Disability Rights Tribunal for Asia and the Pacific, right to counsel, anti-discrimination law, 'Asian values', cultural relativism

47.

'I Might Need a Good Lawyer, Could Be Your Funeral, My Trial': Global Clinical Legal Education and the Right to Counsel in Civil Commitment Cases

Washington University Journal of Law and Policy, Vol. 28, No. 1, 2008, NYLS Legal Studies Research Paper No. 07/08-22, NYLS Clinical Research Institute Paper No. 07/08-22
Number of pages: 31 Posted: 07 Feb 2008
Michael L. Perlin
New York Law School
Downloads 91 (222,876)
Citation 1

Abstract:

Human rights, Right to counsel, Psychiatric hospitalization, Civil commitment, Clinical education

48.

'The Ladder of the Law Has No Top and No Bottom': How Therapeutic Jurisprudence Can Give Life to International Human Rights

International Journal of Law and Psychiatry (2013)
Number of pages: 38 Posted: 08 Sep 2013 Last Revised: 19 Nov 2013
Michael L. Perlin
New York Law School
Downloads 89 (163,626)

Abstract:

Therapeutic jurisprudence, mental disability law, international human rights law, right to counsel, Convention on the Rights of Persons with Disabilities

49.

'The Witness Who Saw/He Left Little Doubt:' A Comparative Consideration of Expert Testimony in Mental Disability Law Cases

Journal of Investigative Psychology and Offender Profiling, Vol. 6, pp. 59-88, 2009, NYLS Legal Studies Research Paper No. 09/10 #9
Number of pages: 31 Posted: 26 Aug 2009
Michael L. Perlin, Kris Gledhill and Astrid Birgden
New York Law School, University of Auckland and Deakin University
Downloads 89 (209,565)

Abstract:

expert testimony, criminal law, civil law, psychologists, risk assesment, mental disability law, international human rights law

50.

'Through the Wild Cathedral Evening': Barriers, Attitudes, Participatory Democracy, Professor TenBroek, and the Rights of Persons with Mental Disabilities

Texas Journal of Civil Liberties and Civil Rights, 2008, NYLS Legal Studies Research Paper No. 07/08-26
Number of pages: 15 Posted: 08 May 2008
Michael L. Perlin
New York Law School
Downloads 89 (221,324)

Abstract:

international human rights law, mental disability law, sanism, institutional rights, participatory justice

51.

'Yonder Stands Your Orphan with His Gun': The International Human Rights and Therapeutic Jurisprudence Implications of Juvenile Punishment Schemes

Texas Tech Law Review, Vol. 45, 2013, NYLS Legal Studies Research Paper No. 12/13 #76
Number of pages: 70 Posted: 14 Apr 2013 Last Revised: 19 Dec 2013
Michael L. Perlin
New York Law School
Downloads 88 (205,335)

Abstract:

Juvenile justice, mental disabilities, transfer, international human rights law, therapeutic jurisprudence, correctional facilities, juvenile punishment, juvenile detention facilities

52.

Mental Disability, Factual Innocence and the Death Penalty

Crime and Criminal Justice in Asia (Kim & Liu eds., 2013)
Number of pages: 22 Posted: 08 Sep 2013
Michael L. Perlin
New York Law School
Downloads 87 (186,428)

Abstract:

Mental disability, death penalty, counsel, actual innocence, false confessions, competence to be executed

53.

'Everybody is Making Love/Or Else Expecting Rain'. Considering the Sexual Autonomy Rights of Persons Institutionalized Because of Mental Disability in Forensic Hospitals and in Asia

Washington Law Review, 2008, NYLS Legal Studies Research Paper No. 8/09 #18
Number of pages: 34 Posted: 04 Feb 2009
Michael L. Perlin
New York Law School
Downloads 87 (172,227)
Citation 4

Abstract:

Psychiatric Hospitalization, Forensic International Human rights Law, Sexual autonomy, Mental Disability law, Asia, Rights of patients, Hospitals

54.

'Tolling for the Luckless, the Abandoned and Forsaken': Community Safety, Therapeutic Jurisprudence and International Human Rights Law as Applied to Prisoners and Detainees

Legal & Criminological Psychology, Vol. 13, 2008, NYLS Legal Studies Research Paper No. 07/08-20
Number of pages: 32 Posted: 20 Mar 2008
Astrid Birgden and Michael L. Perlin
Deakin University and New York Law School
Downloads 85 (229,228)
Citation 1

Abstract:

International Human Rights law, therapeutic jurisprudence, forensic psychologists, prisoners & detainees, mental illness

55.

'Salvation' or a 'Lethal Dose'? Attitudes and Advocacy in Right to Refuse Treatment Cases

Journal of Forensic Psychology Practice, Vol. 4, No. 4, pp. 51-70, 2005
Number of pages: 30 Posted: 28 Jan 2005
Michael L. Perlin
New York Law School
Downloads 85 (232,497)

Abstract:

right to refuse treatment, patient/staff attitudes, adequacy of cousel, sanism pretextuality

56.

'Wisdom is Thrown into Jail': Using Therapeutic Jurisprudence to Remediate the Criminalization of Persons with Mental Illness

Michigan State University College of Law Journal of Medicine and Law, 2013, Forthcoming, NYLS Clinical Research Institute Paper No. 29 / 2012, NYLS Legal Studies Research Paper No. 12/13 #51
Number of pages: 60 Posted: 21 Feb 2013
Michael L. Perlin
New York Law School
Downloads 83 (213,885)

Abstract:

criminalization, deinstitutionalization, mental disability law, insanity defense, incompetency to stand trial, counsel, therapeutic jurisprudence, criminal procedure, jails and prisons, police

57.

'Equality, I Spoke that Word/As If a Wedding Vow': Mental Disability Law and How We Treat Marginalized Persons

New York Law School Law Review, Vol. 53, No. 9, 2008, NYLS Legal Studies Research Paper No. 08/09 #25
Number of pages: 19 Posted: 06 Feb 2009
Michael L. Perlin and John Douard
New York Law School and Rutgers, The State University of New Jersey
Downloads 82 (234,138)

Abstract:

sanism, pretextuality, mental disability law, sex offenders, afvocacy, counsel, outpatient treatment, institutional rights

58.

'Too Stubborn to Ever be Governed by Enforced Insanity': Some Therapeutic Jurisprudence Dilemmas in the Representation of Criminal Defendants in Incompetency and Insanity Cases

International Journal of Law and Psychiatry, Vol. 33, No. 4/5, 2010, NYLS Legal Studies Research Paper No. 09/10 #15
Number of pages: 30 Posted: 18 Dec 2009
Michael L. Perlin
New York Law School
Downloads 81 (226,035)
Citation 2

Abstract:

Therapeutic jurisprudence, counsel, insanity, incompetency, criminal procedure, mental disability

59.

Mental Disability and the Death Penalty: The Shame of the States (Rowman & Littlefield, 2012) (in Press) Chapter 1: An Introduction and the Dilemma of Factual Innocence

NYLS Legal Studies Research Paper No. 12/13 #37
Number of pages: 27 Posted: 08 Sep 2012
Michael L. Perlin
New York Law School
Downloads 78 (202,644)

Abstract:

death penalty, mental disability, criminal justice, factual innocence, right to counsel, mitigation, future dangerousness, competency to be executed, medication, neuroimaging, international human rights, therapeutic jurisprudence, dignity, sanism, pretextuality

60.

'Toiling in the Danger and in the Morals of Despair': Risk, Security, Danger, the Constitution, and the Clinician's Dilemma

Number of pages: 61 Posted: 10 Mar 2015 Last Revised: 16 Feb 2016
Michael L. Perlin and Alison J. Lynch
New York Law School and Disability Rights New York
Downloads 74 (219,847)

Abstract:

Forensic institutions, risk, security, clinicians, therapeutic jurisprudence, CRPD, international human rights law, forensic patients

Abstract:

China, international human rights law, mental disability law, Convention on the Rights of Persons with Disabilities, Disability Rights Tribunal for Asia and the Pacific, right to counsel, anti-discrimination law, “Asian values”, cultural relativism, distance learning, law school pedagogy

62.

'There Must Be Some Way Out of Here': Why the Convention on the Rights of Persons with Disabilities is Potentially the Best Weapon in the Fight Against Sanism

20 PSYCHIATRY, PSYCHOL. & L. 462 (2013), NYLS Clinical Research Institute Paper No. 34/2013, NYLS Legal Studies Research Paper 12/13 #77
Number of pages: 16 Posted: 22 Jun 2013 Last Revised: 24 Jun 2013
Michael L. Perlin
New York Law School
Downloads 70 (226,035)

Abstract:

mental disability law, sanism, international human rights, Convention on the Rights of Persons with Disabilities

Abstract:

mental disability law, sanism, Americans with Disabilities Act, international human rights, Convention on the Rights of Persons with Disabilities, therapeutic jurisprudence

64.

Promoting Social Change in Asia and the Pacific: The Need for a Disability Rights Tribunal to Give Life to the UN Convention on the Rights of Persons with Disabilities

George Washington International Law Review, Forthcoming, NYLS Clinical Research Institute Paper No. 11/12 #18
Number of pages: 48 Posted: 11 Feb 2012
Michael L. Perlin
New York Law School
Downloads 66 (246,426)

Abstract:

international human rights law, mental disability law, Convention on the Rights of Persons with Disabilities, Disability Rights Tribunal for Asia and the Pacific, right to counsel, anti-discrimination law, “Asian values”, cultural relativism, regional human rights courts, regional human rights

65.

Online Mental Disability Law Education, a Disability Rights Tribunal, and the Creation of an Asian Disability Law Database: Their Impact on Research, Training and Teaching of Law, Criminology Criminal Justice in Asia

Asian Journal of Legal Education, Vol. 1, No. 1, 2013, NYLS Legal Studies Research Paper No. 12/13 #35
Number of pages: 31 Posted: 06 Dec 2012
Michael L. Perlin, Heather Cucolo and Yoshikazu Ikehara
New York Law School, New York Law School and Tokyo Advocacy Law Office
Downloads 58 (281,481)

Abstract:

online education, mental disability law, criminal law, tribunals, criminal procedure, criminal justice, criminology, international human rights law

66.
Downloads 48 (232,497)

Abstract:

Therapeutic jurisprudence, mental disability, legal education, sexuality, social justice

67.

The Significance of the Convention on the Rights of Persons with Disabilities – and Why it Demands the Creation of an Asian/Pacific Disability Rights Tribunal

NYLS Legal Studies Research Paper
Number of pages: 18 Posted: 28 Oct 2014
Michael L. Perlin
New York Law School
Downloads 41 (279,232)

Abstract:

Convention on the Rights of Persons with Disabilities; Disability Rights Tribunal for Asia and the Pacific; international human rights law; mental disability law

68.

Can Restorative Justice Be of Value in Forensic Cases? Perspectives of a Lawyer and a Psychologist

NYLS Legal Studies Research Paper
Number of pages: 22 Posted: 23 Oct 2014 Last Revised: 30 Oct 2014
Michael L. Perlin and Valerie Rae McClain
New York Law School and Neurology and Physical Therapy Centers of Tampa Bay
Downloads 41 (246,426)

Abstract:

Restorative justice; forensic testimony; incompetency to stand trial; insanity defense; sentencing; criminal trial process

69.

Promoting Social Change in Asia and the Pacific: The Need for a Disability Rights Tribunal

NYLS Legal Studies Research Paper No. 11/12 #29
Number of pages: 33 Posted: 12 Aug 2011
Michael L. Perlin
New York Law School
Downloads 38 (331,433)

Abstract:

distance learning, law school pedagogy, international human rights law, mental disability law, Convention on the Rights of Persons with Disabilities, Disability Rights Tribunal for Asia and the Pacific, right to counsel, anti-discrimination law, “Asian values”, cultural relativism

70.

'There's a Dyin’ Voice within Me Reaching Out Somewhere': How TJ Can Bring Voice to the Teaching of Mental Disability Law and Criminal Law

3 Suffolk U. L. Rev. Online 37 (2015), NYLS Legal Studies Research Paper No. 2581571
Number of pages: 7 Posted: 21 Mar 2015
Michael L. Perlin
New York Law School
Downloads 33 (343,842)

Abstract:

Therapeutic jurisprudence, legal education, legal scholarship, mental disability law, criminal law and procedure

71.

'You Might Have Drugs at Your Command': Reconsidering the Forced Drugging of Incompetent Pre-Trial Detainees from the Perspectives of International Human Rights and Income Inequality

NYLS Legal Studies Research Paper
Number of pages: 37 Posted: 12 Nov 2014
Michael L. Perlin and Meredith Schriver
New York Law School and New York Law School
Downloads 31 (343,842)

Abstract:

incompetency to stand trial, right to refuse medication, involuntary treatment, forensic patients, international human rights law, Convention on the Rights of Persons with Disabilities, income inequality, bail, therapeutic jurisprudence.

72.

Creating a 'Building a Disability Rights Information Center for Asia and the Pacific' Clinic: Of Pedagogy and Social Justice

NYLS Legal Studies Research Paper
Number of pages: 47 Posted: 18 Nov 2014
New York Law School, New York Law School, New York Law School, Georgetown University, Law Center, Students, New York Law School and New York Law School
Downloads 30 (350,365)

Abstract:

international human rights, mental disability law, clinical law, regional tribunals, information law, comparative law

73.

'Have You Seen Dignity?': The Story of the Development of Therapeutic Jurisprudence

Number of pages: 52 Posted: 07 Apr 2017
Michael L. Perlin
New York Law School
Downloads 0 (218,311)

Abstract:

therapeutic jurisprudence, mental disability law, legal education, criminal law and procedure, problem-solving courts, lawyer-client relationships

74.

'I've Got My Mind Made Up': How Judicial Teleology in Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence

NYLS Legal Studies Research Paper No. 2930061
Number of pages: 44 Posted: 09 Mar 2017
Michael L. Perlin
New York Law School
Downloads 0 (367,729)

Abstract:

teleology, social science, therapeutic jurisprudence, judiciary, mental disability, biology, human behavior, sanism, neuroscience, neuroimaging, criminal procedure

75.

'She's Nobody's Child/The Law Can't Touch Her at All': Seeking to Bring Dignity to Legal Proceedings Involving Juveniles

NYLS Legal Studies Research Paper No. 2912499
Number of pages: 50 Posted: 07 Feb 2017
Michael L. Perlin and Alison J. Lynch
New York Law School and Disability Rights New York
Downloads 0 (308,606)

Abstract:

Juveniles, Civil Commitment, Juvenile Delinquency, Criminal Procedure, Therapeutic Jurisprudence, International Human Rights Law, Shame and Humiliation, Dignity

76.

Promoting Dignity and Preventing Shame and Humiliation by Improving the Quality and Education of Attorneys in Sexually Violent Predator (SVP) Civil Commitment Cases

NYLS Legal Studies Research Paper No. 2910541
Number of pages: 69 Posted: 03 Feb 2017 Last Revised: 24 Mar 2017
Heather Cucolo and Michael L. Perlin
New York Law School and New York Law School
Downloads 0 (266,190)

Abstract:

Sex offender law; right to counsel; therapeutic jurisprudence; expert testimony; sexually violent predator acts; SVPA laws; institutionalization; actuarial tests; criminal procedure; jury attitudes; right to experts; judicial decisionmaking; shame and humiliation; dignity

77.

‘Tolling for the Aching Ones Whose Wounds Cannot Be Nursed’: The Marginalization of Racial Minorities and Women in Institutional Mental Disability Law

Forthcoming Symposium Issue of the Journal of Gender, Race, and Justice
Number of pages: 52 Posted: 19 Jan 2017
Michael L. Perlin and Heather Cucolo
New York Law School and New York Law School
Downloads 0 (434,919)

Abstract:

Race, Gender, Therapeutic Jurisprudence, Involuntary Hospitalization, Civil Commitment, Mental Disability Law, Sanism, Cultural Competency, Right to Refuse Medication, Institutionalization

78.

Review of Ya'Ir Ronen, Re-Understanding the Child's Right to Identity: On Belonging, Responsiveness and Hope (2016)

Number of pages: 11 Posted: 17 Jan 2017
Michael L. Perlin
New York Law School
Downloads 0 (382,945)

Abstract:

Therapeutic Jurisprudence; Identity; Children; International Human Rights Law; Dignity

Abstract:

International human rights; forensic psychology, forensic institutions, therapeutic jurisprudence, ethics codes, psychiatric institutions

Abstract:

mental disability, therapeutic jurisprudence, adequacy of counsel, mental health courts, civil commitment courts, legal representation, dignity

81.

Why a Disability Rights Tribunal Must Be Premised on Therapeutic Jurisprudence Principles

Psychological Injury and the Law, special symposium issue on "Therapeutic Jurisprudence and Problem-Solving Courts," Forthcoming
Number of pages: 39 Posted: 06 Oct 2016
Michael L. Perlin and Mehgan Gallagher
New York Law School and Georgetown University, Law Center, Students
Downloads 0 (409,641)

Abstract:

Therapeutic jurisprudence; problem-solving courts; international human rights; mental disability law; regional tribunals; comparative law; interregional courts; Asia and the Pacific; disability rights

82.

'To Wander Off in Shame': Deconstructing the Shaming and Shameful Arrest Policies of Urban Police Departments in Their Treatment of Persons with Mental Disabilities

Forthcoming chapter in Power, Humiliation and Conflict (Prof. Daniel Rothbart, George Mason University), NYLS Legal Studies Research Paper No. 2839820
Number of pages: 29 Posted: 22 Sep 2016
Michael L. Perlin and Alison J. Lynch
New York Law School and Disability Rights New York
Downloads 0 (295,679)

Abstract:

humiliation, shame, dignity, therapeutic jurisprudence, police, nuisance crimes, dignity, persons with mental disabilities, crisis intervention training, Memphis model

83.

'Life's Hurried Tangled Road': A Therapeutic Jurisprudence Analysis of Why Dedicated Counsel Must Be Assigned to Represent Persons with Mental Disabilities in Community Settings

NYLS Legal Studies Research Paper No. 2833365
Number of pages: 27 Posted: 03 Sep 2016
Alison J. Lynch and Michael L. Perlin
Disability Rights New York and New York Law School
Downloads 0 (371,385)

Abstract:

police, mental disability, therapeutic jurisprudence, arrests, jails, crisis intervention training; adequacy of counsel; community treatment

84.

'Said I, 'But You Have No Choice': Why a Lawyer Must Ethically Honor a Client's Decision About Mental Health Treatment Even if It Is Not What S/He Would Have Chosen

NYLS Legal Studies Research Paper No. 2828288
Number of pages: 71 Posted: 25 Aug 2016
Michael L. Perlin and Naomi Weinstein
New York Law School and New York State Unified Court System - Mental Hygiene Legal Service
Downloads 0 (167,393)

Abstract:

ethics; mental disability law; attorney-client relationship; sanism; therapeutic jurisprudence; juvenile law, elder law; capacity; competency; advocacy

85.

Representing Clients with Mental Health and/or Cognitive Impairments in Treatment Courts

NYLS Legal Studies Research Paper No. 2816892
Number of pages: 6 Posted: 02 Aug 2016
Michael L. Perlin
New York Law School
Downloads 0 (286,116)

Abstract:

Legal representation, legal ethics, mental disability, sanism, pretextuality, therapeutic jurisprudence, drug courts, criminal defense

86.

'Your Corrupt Ways Had Finally Made You Blind': Prosecutorial Misconduct and the Use of 'Ethnic Adjustments' in Death Penalty Cases of Defendants with Intellectual Disabilities

65 American University Law Review 1437 (2016).
Number of pages: 23 Posted: 23 May 2016 Last Revised: 13 Sep 2016
Michael L. Perlin
New York Law School
Downloads 0 (180,745)

Abstract:

death penalty, prosecutorial misconduct, mental disability, counsel, sanism, therapeutic jurisprudence, intellectual disabilities, ethnic adjustments, Atkins v. Virginia, Hall v. Florida, expert witnesses, forensic psychologists

87.

'Merchants and Thieves, Hungry for Power': Prosecutorial Misconduct and Passive Judicial Complicity in Death Penalty Trials of Defendants with Mental Disabilities

Washington and Lee Law Review, Vol. 73, 2016, Forthcoming
Number of pages: 55 Posted: 21 May 2016
Michael L. Perlin
New York Law School
Downloads 0 (268,255)

Abstract:

death penalty, prosecutorial misconduct, mental disability, counsel, insanity defense, sanism, therapeutic jurisprudence, pretextuality, judicial bias, judicial complicity

88.

'Infinity Goes Up on Trial': Sanism, Pretextuality, and the Representation of Defendants with Mental Disabilities

Number of pages: 39 Posted: 19 Feb 2016
Michael L. Perlin
New York Law School
Downloads 0 (149,641)

Abstract:

lawyer-client relationship, mental disability, counsel, sanism, pretextuality, heuristics, “ordinary common sense”, competency to stand trial, insanity defense, therapeutic jurisprudence, juries, criminal defense

89.

'In the Wasteland of Your Mind': Criminology, Scientific Discoveries and the Criminal Process

Virginia Journal of Criminal Law, Forthcoming, NYLS Legal Studies Research Paper
Number of pages: 61 Posted: 03 Feb 2016
Michael L. Perlin and Alison J. Lynch
New York Law School and Disability Rights New York
Downloads 0 (117,266)

Abstract:

Sentencing, criminology, Federal Sentencing Guidelines, therapeutic jurisprudence, mental disability, biology, human behavior, sanism, neuroscience, neuroimaging

90.

The Insanity Defense: Nine Myths that Will Not Go Away

The Insanity Defense: Multidisciplinary Views on Its History, Trends, and Controversies (Mark D. White, Editor; Praeger, 2016 Forthcoming), NYLS Legal Studies Research Paper
Number of pages: 22 Posted: 16 Jan 2016
Michael L. Perlin
New York Law School
Downloads 0 (33,938)

Abstract:

Insanity defense; heuristics; therapeutic jurisprudence; juries; myths

91.

'The Distant Ships of Liberty': Why Criminology Needs to Take Seriously International Human Rights Laws that Apply to Persons with Disabilities

NYLS Legal Studies Research Paper
Number of pages: 26 Posted: 19 Nov 2015
Michael L. Perlin and Alison J. Lynch
New York Law School and Disability Rights New York
Downloads 0 (322,594)

Abstract:

forensic facilities, criminology, international human rights, counsel, therapeutic jurisprudence

92.

'Mr. Bad Example': Why Lawyers Need to Embrace Therapeutic Jurisprudence to Root Out Sanism in the Representation of Persons with Mental Disabilities

Wyoming Law Review, Forthcoming, NYLS Legal Studies Research Paper
Number of pages: 38 Posted: 13 Nov 2015
Michael L. Perlin and Alison J. Lynch
New York Law School and Disability Rights New York
Downloads 0 (246,426)

Abstract:

Therapeutic jurisprudence, mental disability, sexuality, social justice, sanism, legal representation

93.
Downloads 0 (160,848)

Abstract:

Keywords: therapeutic jurisprudence, insanity defense, incompetency to stand trial, prison conditions, international human rights law, Convention on the Rights of Persons with Disabilities, CRPD, sanism

94.

'Had to Be Held Down by Big Police': A Therapeutic Jurisprudence Perspective on Interactions between Police and Persons with Mental Disabilities

Fordham Urban Law Journal, Forthcoming, NYLS Legal Studies Research Paper No. 2676909
Number of pages: 30 Posted: 23 Oct 2015
Michael L. Perlin and Alison J. Lynch
New York Law School and Disability Rights New York
Downloads 0 (191,199)

Abstract:

police, mental disability, therapeutic jurisprudence, arrests, jails, crisis intervention training

95.

'You Have Discussed Lepers and Crooks': Sanism in Clinical Teaching

Clinical Law Review, Vol. 9, pp. 683-730, Spring 2003
Posted: 12 Jan 2004
Michael L. Perlin
New York Law School

Abstract:

96.

What's Good is Bad, What's Bad is Good, You'll Find Out When You Reach the Top, You're on the Bottom: Are the Americans with Disabilities Act (and Olmstead v. L.C.) Anything More Than 'Idiot Wind'

University of Michigan Journal of Law Reform, Vol. 35, Pp. 235-261, 2001-2002
Posted: 01 Oct 2002
Michael L. Perlin
New York Law School

Abstract:

97.

'Johnny's in the Basement/Mixing up his Medicine': Therapeutic Jurisprudence and Clinical Teaching

Seattle University Law Review, Vol. 24, Pp. 339-371, 2000
Posted: 14 Jun 2001
Keri K. Gould and Michael L. Perlin
St. John's University - School of Law and New York Law School

Abstract:

98.

'For the Misdemeanor Outlaw': The Impact of the ADA on the Institutionalization of Criminal Defendants with Mental Disabilities

Alabama Law Review, Vol. 52, P. 193, 2000
Posted: 08 Mar 2001
Michael L. Perlin
New York Law School

Abstract:

99.

'Their Promises of Paradise': Institutional Segregation, Community Treatment, the ADA, and Olmstead v. L.C.

Houston Law Review, Vol. 37, P. 999, 2000
Posted: 06 Mar 2001
Michael L. Perlin
New York Law School

Abstract:

100.

I Ain't Gonna Work on Maggie's Farm No More': Institutional Segregation, Community Treatment, the ADA, and the Promise of Olmstead v. L.C.

Thomas M. Cooley Law Review, Vol. 17, P. 53, 2000
Posted: 17 Jan 2001
Michael L. Perlin
New York Law School

Abstract:

101.

'Half-wracked prejudice leaped forth': Sanism, Pretextuality, and Why and How Mental Disability Law Developed as it Did

Journal of Contemporary Legal Issues, Vol. 10, Pp. 3-36, 1999
Posted: 18 Dec 1999
Michael L. Perlin
New York Law School

Abstract: