Hostname: page-component-cd9895bd7-mkpzs Total loading time: 0 Render date: 2024-12-26T08:52:44.841Z Has data issue: false hasContentIssue false
  • English
  • Français

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

Published online by Cambridge University Press:  01 January 2021

Michael L. Perlin
Get access Rights & Permissions [Opens in a new window]

Abstract

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Book Review
Information
Journal of Law, Medicine & Ethics , Volume 25 , Issue 4 , Winter 1997 , pp. 310 - 313
Copyright
Copyright © American Society of Law, Medicine and Ethics 1997

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

See Freud, S., Civilization and Its Discontents, ed. Strachey, J. (New York: W.W. Norton, 1st American ed., 1962): At 48.Google Scholar
de Grazia, S., Of Time, Work, and Leisure (New York: Twentieth Century Fund, 1962): At 41.Google Scholar
Olshansky, S. Unterberger, L., “The Meaning of Work and Its Implications for the Ex-Hospital Patient,” Mental Hygiene, 47 (1963): 141 (original emphasis).Google Scholar
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 18–19.Google Scholar
Yelin, E. Cistrenas, M., “Employment Patterns among Persons With and Without Mental Conditions,” in Bonnie, Monahan, , eds., supra note 4, at 47.Google Scholar
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 §§ 52:27E–21 to −27 (West 1998) (repealed 1994).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
See Souder v. Brennan, 367 F. Supp. 808 (D.D.C. 1973).Google Scholar
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): 298–339.Google Scholar
See National League of Cities v. Usery, 426 U.S. 833 (1976), overruled by Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985); see generally, Perlin (1989), supra note 9, §§ 6.15–16, at 478–88.Google Scholar
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
Americans with Disabilities Act, 42 U.S.C. §§ 12101–213 (1994).Google Scholar
See Milstein, B. Rubenstein, L. Cyr, R., “The Americans with Disabilities Act: A Breathtaking Promise for Persons with Mental Disabilities,” Clearinghouse Review, 25 (1991): At 1240.Google Scholar
Jenkins, K., “Spotlight Finds Hoyer,” Washington Post, May 28, 1990, at D1, as cited in Ackourey, K., “Insuring Americans with Disabilities: How Far Can Congress Go to Protect Traditional Practices?,” Emory Law Journal, 40 (1991): At 1183 n.1.Google Scholar
“Americans with Disabilities Act of 1990: Summary and Analysis,” Special Supplement (BNA), at S-5 (1990), as cited in Ackourey, , supra note 16, at 1183 n.2 (statement by bill's sponsors). See also, for example, Law, S., “The Americans with Disabilities Act of 1990: Burden on Business or Dignity for the Disabled?,” Duquense Law Review, 30 (1991): 99–114 (describing the Americans with Disabilities Act (ADA) as a “solid and positive step toward making this country a better nation”).Google Scholar
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): 24–45.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
Ravitch, F., “Balancing Fundamental Disability Policies: The Relationship Between the Americans with Disabilities Act and Social Security Disability,” Georgetown Journal on Fighting Poverty, 1 (1994): 240–51.Google Scholar
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
See Yelin, Cistrenas, , supra note 5, at 44.Google Scholar
Estroff, S., “‘No Other Way to Go’: Pathways to Disability Income Application among Persons with Severe, Persistent Mental Illness,” in Bonnie, Monahan, , eds., supra note 4, at 94.Google Scholar
Id. at 95.Google Scholar
Id. at 96.Google Scholar
Strauss, J. Davidson, L., “Mental Disorders, Work, and Choice,” in Bonnie, Monahan, , eds., supra note 4, at 127.Google Scholar
See Warner, R. Polak, P., “Economic Opportunities and Disincentives for People with Mental Illness,” in Bonnie, Monahan, , eds., supra note 4, at 147.Google Scholar
See Hall, L.L., “Making the ADA Work for People with Psychiatric Disabilities,” in Bonnie, Monahan, , eds., supra note 4, at 273–76.Google Scholar
Bonnie, R.J. Monahan, J., “Epilogue,” in Bonnie, Monahan, , eds., supra note 4, at 299–301.Google Scholar