"Their promises of paradise": will Olmstead v. L.C. resuscitate the constitutional "least restrictive alternative" principle in mental disability law?

Radically Questioning the Principle of the Least Restrictive Alternative: A Reply to Nir Eyal; Comment on “Nudging by Shaming, Shaming by Nudging”

In his insightful editorial, Nir Eyal explores the connections between nudging and shaming. One upshot of his argument is that we should question the principle of the least restrictive alternative in public health and health policy. In this commentary, I maintain that Eyal’s argument undermines only a rather implausible version of the principle of the least restrictive alternative and I sketch ...

Long-term care after Olmstead v. L.C.: will the potential of the ADA's integration mandate be achieved?

Mental retardation and the death penalty: a guide to State Legislative issues.

The interest in State Legislatures in the topic of mental retardation and the death penalty has obviously heightened with the United States Supreme Court’s decision in Atkins v. Virginia, 122 S.Ct. 2242 (June 20, 2002). The purpose of this document is to provide legislators and advocates with guidance in implementing the Atkins decision, so that each State’s death penalty legislation is in full...

Relationship between the Rule of Law, Good Governance, and Sustainable Development

This paper reviews the relationship between the rule of law, good governance, and sustainable development as those terms are used by the relevant development organizations; describes the efforts made by various organizations to promote the rule of law and good governance; and addresses the need to strengthen compliance and enforcement for sustainable development. A recent movement, which has re...

Commentary: Atkins and clinical practice.

The American Academy of Psychiatry and the Law’s Committee on the Developmentally Disabled, founded in 1990, has continually grappled with the inequities faced by persons with mental retardation within the criminal justice system. Not the least of our concerns has been capital sentencing and execution of disabled defendants. Indeed, the Committee cut its teeth on the 1989 Supreme Court decision...