Slobogin, Hafemeister, and Mossman's Law and the Mental Health System: Civil and Criminal Aspects, 7th offers a wide-ranging, in-depth coverage of how the legal system responds to challenges posed by persons with mental disorders. It features a sophisticated interdisciplinary treatment of the law and literature relating to regulation of the mental health professions, the government’s authority to deprive people with mental disorders of their liberty and property, and its obligation to provide support for people with mental disorders and protect them from discrimination.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 06/26/2020

Christopher Slobogin, Vanderbilt University Law School

Thomas L. Hafemeister

Douglas Mossman

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1. New studies on the DSM’s categorizations, the role of neuroscience in understanding mental disability, and the effectiveness of anti-psychotic medication

2. Developments in parity legislation

3. Prescription privileges for psychologists

4. Developments on Tarasoff liability, including its application to school counseling services

5. Liability for failing to prevent suicide, particularly by minors

6. The relevance to mental health professionals of the Third Restatement of Torts provisions on liability for physical and emotional harm

7. Wisconsin v. Loomis (excerpted) (Wisconsin Supreme Court case on use of risk assessment instruments at sentencing), and developments in risk assessment

8. Buck v. Davis (Supreme Court case on race and punishment)

9. McWilliams v. Dunn (Supreme Court case on right to expert assistance)

10. The relevance of new neuroscientific discoveries to criminal blameworthiness

11. Kansas v. Kahler (excerpted) (Supreme Court case on the constitutional basis of the insanity defense)

12. Hall v. Florida and Moore v. Texas (heavily quoted) (Supreme Court cases defining intellectual disability for capital sentencing purposes)

13. “Red flag” laws

14. City and County of San Francisco v. Sheehan (Supreme Court case involving use of force against a person with mental disability)

15. Civil commitment and the opioid crisis

16. Litigation over the competence restoration process

17. State laws regulating psychosurgery

18. The Americans with Disabilities Act’s potential impact on incarceration rates

19. The new American Bar Association Criminal Justice Mental Health Standards concerning competency issues

20. McCoy v. Louisiana (Supreme Court case on the right of defendants to control the objectives of the defense)

21. Caselaw construing Indiana v. Edwards (Supreme Court case on right to proceed pro se)

22. Endrew, a Minor v. Douglas County School District Re-1 (excerpted) and Fry v. Napoleon Cty. Schools (Supreme Court cases on the Individuals with Disabilities Education Act)

23. New Social Security rules regarding people with mental disability

24. A revised Teacher’s Manual will also be available in July.

Learn more about this series.