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Volume 39, Issue 1, Fall 2020

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This issue of DMHL presents (a) an article about supported decision-making; (b) an overview of behavioral health-related legislation in the 2020 general and special sessions of the Virginia General Assembly; and (c) outlines of significant recent cases in various federal and state courts.

Developments in Mental Health Law

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Volume 38, Issue 1, Summer 2019

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This issue of DMHL presents (a) an update on the SJ 47 Joint Subcommittee; (b) an overview of behavioral health related legislation enacted in the 2019 General Assembly session; (c) an article about providing emergency medical care without informed consent; and (d) outlines of significant recent cases in various federal courts.

In This Issue:

In Memoriam [p. 1]

I. Article: SJ 47 Joint Subcommittee Update [p. 2]

II. Behavioral Health Related Legislation Enacted in the 2019 General Assembly Session [p. 26]

III. Providing Emergency Medical Care without Informed Consent: An Important Decision from a Federal District Court [p. 32]

IV. Case Law Developments
United States Supreme Court [p. 38]
Fourth Circuit Court of Appeals [p. 39]

V. Institute Programs [p. 43]

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Volume 37, Issue 2, Winter 2018/2019

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This issue of DMHL presents (a) commentary regarding extreme risk protection orders; (b) an article from the American Psychiatric Association that provides an overview of risk-based gun removal laws; and (c) outlines of significant recent cases in various federal and state courts.

In This Issue:

I. Commentary: Extreme Risk Protection Orders — Effective Tools for Keeping Guns out of Dangerous Hands [p.2]

II. Article: APA Resource Document on Risk-Based Gun Removal Laws [p.6]

III. Case Law Developments
United States Supreme Court [p.17]
Federal Circuit Court Decisions [p.18]
State Court Decisions [p.26]

IV. Institute Programs [p.29]

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Volume 37, Issue 1, Spring 2018

 

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This issue of DMHL presents two updates on Virginia mental health law and mental health initiatives including an overview article SJ 47 Joint Subcommittee: Mental Health Initiatives at the 2018 General Assembly Session; (b) a Data Corner discussing Incidence and Characteristics of TDOs in Psychiatric Admissions to UVA Hospital in 2015; and (c ) outlines of significant recent cases in various federal and state courts.

In This Issue:

I. Article: SJ 47 Joint Subcommittee: Mental Health Initiatives at the 2018 General Assembly Session [p. 1]

II. Update: Mental Health Related Bills Introduced in the 2018 General Assembly Session [p.12]
Bills Related to Mental Health That Have Survived [p.13]
Bills Carried Over to the 2019 Session [p.23]
Bills Related to Mental Health That Did Not Survive [p.24]

IV. Case Law Developments
United States Supreme Court [p.34]
Federal Circuit Court Decisions [p.35]
State Court Decisions [p.40]

V. Institute Programs [p.47]

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Volume 36, Issue 3, Fall 2017

 

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This issue of DMHL presents a feature article - An Opportunity for Further Reflection on Police Encounters with People in Mental Health Crisis – by Stephen L. Braga, Professor of Law, University of Virginia School of Law. Outlines of significant recent cases in various federal and state courts are also in this DMHL including cases involving due process with violent sex offenders, Eighth Amendment rights of jail inmates, forcible administration of antipsychotic medication, and other cases.

In This Issue:

I. Article: Holloman v. Markowski: An Opportunity for Further Reflection
on Police Encounters with People in Mental Health Crisis [p. 1]

II. Editor’s Comment: Excessive Force Jurisprudence and Police Encounters
with People in Mental Health Crisis [p. 16]

III. Case Law Developments
Federal Circuit Court Decisions [p. 22]
State Court Decisions [p. 30]

IV. Institute Programs [p. 40]

Developments in Mental Health Law

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Volume 36, Issue 2, Summer 2017

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This issue of DMHL presents two premier articles on gun violence: a.The Gun Violence Restraining Order: An Opportunity for Common Ground in the Gun Violence Debate and b. Doctors, Patients, and Guns: The First Amendment Rights of Doctors to Counsel Patients about Gun Safety and the Statutory Privacy Rights of Firearm Owners. Case Law Developments in federal and states courts are highlighted.

In This Issue:

I. Article: The Gun Violence Restraining Order: An Opportunity for Common Ground in the Gun Violence Debate [p. 1]

II. Summary Tables of Preemptive Firearm Removal Statutes [p. 23]

III. Article: Doctors, Patients, and Guns: The First Amendment Rights of Doctors to Counsel Patients about Gun Safety and the Statutory Privacy Rights of Firearm Owners [p. 29]

IV. Case Law Developments
United States Supreme Court Decision [p. 35]
Federal Circuit Court Decisions [p. 36]
State Court Decisions [p. 42]

V. Institute Programs [p. 51]
 

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Volume 36, Issue 1, Spring 2017

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Volume 35, Issue 4, Winter 2016

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This issue features timely updates on actions and recommendations to the 2017 Virginia General Assembly by the SJ47 Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century and its Work Groups. An insightful article discusses and a Data Corner describes issues of permanent supportive housing for persons with serious mental illness. Case Law Developments in federal and states courts are highlighted. Programs in ILPPP's current calendar are announced.

In This Issue:

I. Updates:
      A. SJ 47 Joint Subcommittee Actions and Recommendations to the 2017 General   Assembly Session [p. 1]
           Work Group #1: System Structure and Financing [p. 1]
           Work Group #2: Criminal Justice Diversion [p. 5]
           Work Group #3: Mental Health Crisis and Emergency Services [p. 6]
           Work Group #4: Housing [p. 7]
      B. Other Mental Health Related Bills in the 2017 General Assembly [p. 9]

II. Article: The Case for Permanent Supportive Housing for Persons with Serious Mental Illness: Improved Lives, Reduced Costs, and Compliance with Federal Law [p.17]

III. ILPPP Data Corner: Permanent Supportive Housing: Virginia Investment and Estimated State Cost Avoidance [p.23] 

IV. Case Law Developments [p.27]
      Federal Circuit Court Decisions [p.27]
      Virginia Court Decisions [p.33]
      State Court Decisions [p.33]

V. Institute Programs [p.37]

 

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Volume 35, Issue 3, October 2016

This issue features an update article SJ 47 Joint Subcommittee Update: A Vision for Public Mental Health Services in Virginia Takes Shape. The article continues and builds from articles in past editions of DMHL. A fascinating Data Corner describes Virginia summary data from the National Mental Health Services Survey. Case Law Developments in federal and states courts are highlighted. Programs in ILPPP's current calendar are announced.

Developments in Mental Health Law

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Volume 35, Issue 2, July 2016

This issue features an update article: SJ 47 Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century. DMHL's section on Case Law Developments features discussions of cases in the Fourth Circuit (on Treatment over Objection, etc.) in other Federal Circuit Courts (on the ADA Integration Mandate, etc.) and in Virginia and other State Courts. Programs in ILPPP's current calendar are announced.

Developments in Mental Health Law

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Volume 35, Issue 1, March 2016

This issue features an article regarding the Fourth Circuit's establishment of constitutional 'excessive force' standards for taser use, placing new limits on officers' use of force when responding to individuals in mental health crisis. The ILPPP Data Corner presents data regarding use of court-ordered alternatives to law enforcement for transporting people during mental health emergencies. Also find an extensive compilation of case law developments.

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Volume 34, Issue 4, December 2015

This Issue features an article, Responding to Concerned Family Members during a Mental Health Crisis, that highlights issues through a case study. ILPPP Data Corner continues thematically with data on Response Time of Public Outpatient Mental Health Providers. Also find an update on the SJ 47 Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century, summaries of decisions in some court cases, and a roster of upcoming programs offered by the Institute.

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Volume 34, Issue 3, October 2015

This Issue of DMHL presents a featured article, The Gun Violence Restraining order: An Opportunity for Common Ground in the Gun Violence Debate, and a featured update on the the SJ 47 Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century. An ILPPP Data Corner continues the Issue's discussion of firearm access. Summaries of decisions in some court cases and a roster of upcoming programs offered by the Institute are also included in this expansive issue.

Developments in Mental Health Law

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Volume 34, Issue 2, July 2015

This Issue of DMHL presents a feature article on Law Enforcement Intervention in Mental Health Crises; a commentary regarding Adjudicating Claims of Intellectual Disability in Capital Cases; a display and discussion of data on adults who were in police custody in the context of evaluation for TDO; summaries of decisions in some court cases; and a roster of upcoming programs offered by the Institute.

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Volume 34, Issue 1, April 2015

This Issue of DMHL presents a detailed summary of Mental Health Law and Services Reforms in the 2015 Virginia General Assembly, features an article on Mental Health Crises and Hospital Emergency Departments, and outlines in detail some cases in several courts including the US Supreme Court, the Fourth Circuit, and Virginia courts.

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Volume 33, Issue 3-4, December 2014

This double-issue of DMHL features a thoroughgoing overview of systematic reassessments of mental health law and practice in Virginia following a tragic assault and death at the home of a prominent Virginia legislator in late 2013. Actions of the Virginia General Assembly, Governor, and Department of Behavioral Health and Developmental Services are included in the overview.

Developments in Mental Health Law

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Volume 33, Issue 2, May 2014

This Issue of DMHL features an informative summary - Virginia General Assembly Enacts Mental Health Reform Legislation in Response to Tragedy - and also highlights a variety of decisions pertaining to forensic mental health delivered from several state and federal courts regarding dangerousness, sexual offenders' patient privilege, immunity with juveniles' polygraph examination and other matters. Also, be sure to visit the interactive blog of DMHL at www.dmhl.typepad.com

Developments in Mental Health Law

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Volume 32, Issue 3, July 2013

The lead article in Volume 32, Issue 3 is authored by the DMHL Editor, who explores the domain of public policy regarding gun prohibitions for people with mental illness. This timely piece includes exposition of historical and legal issues under the topic. "Recently Decided Cases" informs of recent decisions in federal courts.