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Book Review: Mental Disorder, Work Disability, and the Law

Published online by Cambridge University Press:  01 January 2021

Abstract

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Type
Book Review
Copyright
Copyright © American Society of Law, Medicine and Ethics 1997

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References

See Freud, S., Civilization and Its Discontents, ed. Strachey, J. (New York: W.W. Norton, 1st American ed., 1962): At 48.Google Scholar
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See Milazzo-Sayre, L. Henderson, M. Manderscheid, R., “Serious and Severe Mental Illness and Work: What Do We Know?,” in Bonnie, R.J. Monahan, J., eds., Mental Disorder, Work Disability, and the Law (Chicago: University of Chicago Press, 1997): At 1819.Google Scholar
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See N.J. Stat. Ann. §§ 52:27E–21 to −27 (West 1998) (repealed 1994). Certain duties were transferred to Office of the Public Defender. See N.J. Stat. Ann. §§ 52:27E-50 to −65 (West 1998).Google Scholar
See, for example, Weidenfeller v. Kidulis, 380 F. Supp. 445, 451 (E.D. Wis. 1971); and Wyatt v. Stickney, 344 F. Supp. 387, 402 (M.D. Ala. 1972), aff'd sub nom. Wyatt v. Aderholt, 503 F.2d 1305 (5th Cir. 1974).Google Scholar
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See Schindenwolf v. Klein, No. L41293-75 P.W. (N.J. Super. Ct. Law Div. 1976), reprinted in Perlin, M.L., Mental Disability Law: Civil and Criminal (Charlottesville: Michie, Vol. 2, 1989): § 6.23, at 509–19; compare Davis v. Balson, 461 F. Supp. 842 (N.D. Ohio 1978) (rejecting affirmative right to theory, but finding that countertherapeutic work assignments violated the right to treatment). The theory underlying Schindenwolf is set out in Perlin, M.L., “The Right to Participate in Voluntary, Therapeutic, Compensated Work Programs as Part of the Right to Treatment: A New Theory in the Aftermath of Souder,” Seton Hall Law Review, 7 (1976): 298339.Google Scholar
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See, for example, the few recent cases reported on in Perlin, M.L., Mental Disability Law: Civil and Criminal (Charlottesville: Michie, Cum. Supp., 1997): §§ 6.10-.20, at 283–85.Google Scholar
A law review article has not been published on this topic in at least the last eight years. See id.Google Scholar
Bonnie, R.J., “Work Disability and the Fabric of Mental Health Law: An Introduction,” in Bonnie, Monahan, , eds., supra note 4, at 1, 2.Google Scholar
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Perlin, , supra note 11, § 6.44A, at 297 (ADA stands as Congress's “most innovative attempt to address the pervasive problem of discrimination against mentally and physically handicapped citizens”); see generally Perlin, M.L., “‘Make Promises by the Hour’: Sex, Drugs, the ADA, and Psychiatric Hospitalization,” DePaul Law Review, 46 (1997): 947–85.Google Scholar
See Perlin, M.L., “‘Where the Winds Hit Heavy on the Borderline’: Mental Disability Law, Theory and Practice, ‘Us’ and ‘Them’,” Loyola of Los Angeles Law Review, 31, no. 3 (1998): (in press); see also Perlin, M.L., “The ADA and Persons with Mental Disabilities: Can Sanist Attitudes Be Undone?,” Journal of Law & Health, 8 (1993–94): 2445.Google Scholar
Social Security Act, 42 U.S.C. § 423(d)(1) (1987); see generally Pryor, E.S., “Mental Disabilities and the Disability Fabric,” in Bonnie, Monahan, , eds., supra note 4, at 153.Google Scholar
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Bonnie, , supra note 13, at 4.Google Scholar
The classic treatment is Allport, G., The Nature of Prejudice (Garden City: Doubleday, 1958). For an important new, and different, perspective, see Young-Bruehl, E., The Anatomy of Prejudices (Cambridge: Harvard University Press, 1996). See also Perlin, M.L., “On ‘Sanism’,” Southern Methodist University Law Review, 46 (1992): 373–407.Google Scholar
See Bonnie, , supra note 13, at 7.Google Scholar
See Milazzo-Sayre, Henderson Manderscheid, , supra note 4, at 18–19.Google Scholar
See id. at 18 tbl.1.Google Scholar
See id. at 21.Google Scholar
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Bonnie, R.J. Monahan, J., “Epilogue,” in Bonnie, Monahan, , eds., supra note 4, at 299–301.Google Scholar