Publications/Policy & Practice

The ILPPP publishes the newsletter Developments in Mental Health Law periodically throughout the year and its faculty publish frequently in scholarly and professional journals. In addition, ILPPP faculty often participate on policymaking bodies at the request of government agencies, foundations or other entities and contribute to policy reports, statutes and regulations. Pdf documents can be accessed by clicking publication or report names found by clicking on the “ILPPP Publications” and “Policy & Practice” tabs below.

To commission a report to a government agency engaged in formulating state policy, please contact ILPPP Director Richard Bonnie rbonnie@virginia.edu

Developments in Mental Health Law


Volume 33, Issue 1, February 2014

This issue highlights several topics - Risk-Based Firearms Policy, Mental Health Firearms Prohibition and Reporting Requirements, "Clear and Present Danger" Mental Health Reporting Requirements - as well as Recently Decided and Pending Cases.

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Developments in Mental Health Law


Volume 32, Issue 4, November 2013

Recently decided and pending cases are discussed in this Issue of DMHL. A variety of concerns are considered including issues involving capital cases, insanity defense, public access to a competency evaluation, and medically necessary treatment.

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Developments in Mental Health Law


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.

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Developments in Mental Health Law


Volume 32, Issue 2, April 2013

This issue features a helpful overview of "Mental Health Related Provisions of the Patient Protection and Affordable Care Act and the Potential Impact of Medicaid Expansion in Virginia." Other items of special interest are an "Update" from the 2013 Virginia General Assembly, and "Recently Decided Cases" in several state and federal courts.

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Developments in Mental Health Law


Volume 32, Issue 1, January 2013

Highlights in this issue include: Confidentiality: A Conundrum in Veterans Behavioral Health Care; and Faculty Handbook Provides Guidance in Assisting Students in Distress; and discussion of cases decided in the US Supreme Court, the Virginia Supreme Court, and other courts.

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Developments in Mental Health Law


Volume 31, Issue 6, October 2012

The Issue explores the topic of Advance Directives with three pieces: (1) Promoting Use of Advance Directives by People with Serious Mental Illness under Virginia’s Health Care Decisions Act: Implementation Study Update; (2) Survey of Stakeholder Knowledge, Experience and Opinions about Mental Health Advance Directives in Virginia Published; and (3) Advance Directives: A Tool for Reducing Coercion

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Developments in Mental Health Law


Volume 31, Issue 6, October 2012

Several featured articles in Volume 31, Issue 6 discuss Advance Directives: Promoting Use of Advance Directives by People with Serious Mental Illness under Virginia’s Health Care Decisions Act; Survey of Stakeholder Knowledge, Experience and Opinions about Mental Health Advance Directives in Virginia; and Advance Directives: A Tool for Reducing Coercion

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Developments in Mental Health Law


Volume 31, Issue 5, July 2012

Topics: Affordable Care Act Upheld As Tax - Medicaid Expansion Would Significantly Impact Behavioral Health Care; Study Presented to JCHC Finds Longer Periods of Temporary Detention Lead to Reduction in Civil Commitments; Inspector General Presents “Failed TDO,” Barriers to Discharge and Forensic Services Reports to JCHC

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Developments in Mental Health Law


Volume 31, Issue 4, May 2012

Highlight article: Virginia Wounded Warrior Program Model for Outreach and Treatment

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Developments in Mental Health Law


Volume 31, Issue 3, April 2012

Topics: Health Department Advance Directive Registry Operational; 2012 Virginia General Assembly Update ( including Mandatory Outpatient Treatment, Commitment Criteria, College Mental Health studies); Residents Move to Intervene in DOJ/Virginia Settlement Agreement Proceeding.

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Developments in Mental Health Law


Volume 31, Issue 2, February 2012

Topics: Virginia Settles DOJ CRIPA/ADA Investigation; Three Virginia Jurisdictions Establish Specialized Mental Health Dockets; Recently Decided Cases: Fourth Circuit Finds Federal Commitment of Sexually Dangerous Persons Does Not Violate Equal Protection, California Supreme Court Rules Court Has Discretion Whether to Permit Competent Defendant to Represent Self, Maine Supreme Judicial Court Finds Right to Competency in Post-Conviction Proceedings

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Developments in Mental Health Law


Volume 31, Issue 1, December 2011

Topics: College Mental Health Study Measures Student Access; CMS Administrator Answers Virginia IG on Restraint Usage; AG Issues Opinion on ECO/TDO Transports for Town Police; Recently Settled and Decided Cases: DOJ/Delaware Settle ADA Investigation; Washington Court Finds No Constitutional Mandate to Represent Self; 1st Circuit Finds No Fault in Failure to Request Competency Evaluation

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Developments in Mental Health Law


Volume 30, Issue 6, July 2011

Topics: Mental Health Law Reform Commission Legislative Proposals; Proposed Rules of Court on Invol. Commitment Proceedings; Inspect Gen Equates OAG Advice on Restraints to Abuse and Neglect; Recently Decided Cases: DOJ loses AK CRIPA/ADA case, DE Settles DOJ ADA Investigation, Prior Negative Sex Offender Determination No Bar to SVP Commitment, Counsel Failure to Seek Mental Health Exam Does Not Overturn Capital Sentence, Burden on Defendant to Prove Incompetence at Retrospective Compet. Hearing

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Developments in Mental Health Law


Volume 30, Issue 5, June 2011

Topics: Study on Reducing Mental Health Civil Commitments through Longer TDO Periods; VA College Mental Health Survey; Recently Decided Cases:US Sup Ct-CA Failure to Provide Treatmt Inmates w/SMI, 9th Circ-NGRI Acquittee Appeal Crim Proceedings, 9th Circ-Test for Mental Impairment for Fed Habeas, TN Sup Ct Expert Testimony for Capital Defendant-Cognitive Ability/IQ Scores

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Developments in Mental Health Law


Volume 30, Issue 4, May 2011

Topics:MH Law Reform Comm Final Mtg; US Sup Ct Allows VOPA Sue DBHDS; VA Gen Assem Budget Update; Recently Decided Cases:US Sup Ct Declines Rev 7th Circ Decis IN Sue-Obtain Records, US Sup Ct Upholds Death Penalty-Defend Atty Did Not Present Bipolar Mood Disorder Evid, US Sup Ct Declines Hear MO Sup Ct Find Ineffec Counsel-Failure Call MH Expert, AK Denies Insan Acquit Appeal, US Sup Ct Declines Hear Appeal 5th Circ Dismiss Suit State Endangermt-Death Police Detain Man w/MI, VT ExParte Communic

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Developments in Mental Health Law


Volume 30, Issue 3, April 2011

Topics: National Healthcare Decisions Day-April 16, 2011; Behavioral Health and Criminal Justice Transformation Update; 2011 VA General Assembly Session; Recently Decided/Pending Cases: Class Action Filed Alleging TX Violates ADA in Failing to Provide Community-based Svcs, Government Fails to Carry Burden to Forcibly Medicate Incompetent Defendant, SVP Petition Cannot Be Filed in NY When Respondent Not in Custody for Sex Offense, Hospital Not Liable for Counselor's Sexual Harrassment of Patients

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Developments in Mental Health Law


Volume 30, Issue 2, March 2011

Topics: VA Use of Mandatory Outpt Treatment(MOT) & Step-Down MOT; Draft Rules of Court-Invol Civil Commitment Proceedings; DOJ Finds VA Violates ADA/Olmstead; Recently Decided Cases: VA Sup Ct Permits SVP Rescind Refusal to Cooperate--Gen Assem Estab Procedure, Ct Authorizes Lay Testimony-Defendants Behavior Since Iraq Return to Support Insanity Defense, Civil Rights Complaint Alleging 4th Amendmt Violation-Death of Man w/Bipolar Disorder Dismissed, TN Dismisses EMTALA Complaint-Suicide Case

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Developments in Mental Health Law


Volume 30, Issue 1, March 2011

Topics: Alternative Transportation; Update on Implementation Plan for Advance Directives in VA; Advance Directive Websites; Recently Decided and Pending Cases: US v. Georgia (ADA settlement agreement), VOPA v. Stewart (State P&A suits against state officials), US v. Tennessee (Arlington Dev. Center consent decree), US v. White (application of Sell criteria), Moore v. Superior Court of Los Angeles County, CA (SVP); Frequently Asked Questions on Virginia’s Civil Commitment Process

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Developments in Mental Health Law


DMHL Blog Site

Welcome to our DMHL Blog. We are in early testing of the DMHL Blog that has been constructed with great care by the DMHL Editor. Please advise of questions to els2e@virginia.edu. The Blog is hosted at the professionally well regarded Blogging platform: Typepad.

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