Articles

Reprints and hard copies of most (but not all) of the following articles are available, usually for cost of copying, from the Center for Public Representation. For information, call the Center’s office at 413-586-6024, or send an e-mail request to info@cpr-ma.org.

• Supported Decision-Making: Lessons from Pilot Projects, 72 Syracuse L. Rev. 99 (2022) by Cathy E. Costanzo, Kristin Booth Glen, & Anna M. Krieger

• Supported Decision-Making: Potential and Challenges for Older Persons, 72 Syracuse L. Rev. 165 (2022) by Morgan K. Whitlatch & Rebekah Diller.

• Components of an Integrated Employment Service System, Part 4, Disability Employment Technical Assistance Center (June 2022) by Steven J. Schwartz and Ruby Moore

• Components of an Integrated Employment Service System, Part 3, Disability Employment Technical Assistance Center (March 2022) by Steven J. Schwartz and Ruby Moore

• The Commonality of Difference: A Framework for Obtaining Class Certification in ADA Cases After Wal-Mart, 71 Syracuse Law Rev. 3 (2021) by Steven J. Schwartz and Kathryn Rucker

• Advancing Competitive Integrated Employment through Legal Advocacy Systems; Legal Foundations for Protection and Advocacy Entities, Part 2, Disability Employment Technical Assistance Center (September, 2021) by Steven J. Schwartz and Ruby Moore

• Ending Segregated Workshops and Promoting Competitive Integrated Employment (CIE); Legal Foundations for Protection and Advocacy Entities, Part 1, Disability Employment Technical Assistance Center (July 15, 2021) by Steven J. Schwartz and Ruby Moore

• Realizing the Promise of Olmstead: Ensuring the Informed Choice of Institutionalized Persons with Disabilities to Receive Services in the Most Integrated Setting, Journal of Legal Medicine, 40:1, 63-100 by Steven J. Schwartz, Robert D. Fleischner, Alexander Z. Schwartz & Emily M. Stephens (2020)

• Negotiated Rulemaking: A Better Alternative, 44 Clearinghouse Rev. J. of Poverty L. & Pol’y 526 (2011) with Jane Hudson and Leslie Seid Margolis.

• Representing Clients Who Have or May Have ‘Diminished Capacity’: Ethics Issues, 41 Clearinghouse Rev. J. of Poverty L. & Pol’yy 346 (2007) with Dara L. Schur

• Hollow Promises: Employment Discrimination Against People With Mental Disabilities, (American Psychological Association Press 2002).

• Unequal Rights: Discrimination Against People with Mental Disabilities and the Americans with Disabilities Act (American Psychological Association Press, 2001)

• “Discharge After NGRI: Superior Court Applies § 9(b) Standards,” 50 Advisor 23 (2000)([Massachusetts] Mental Health Legal Advisors Committee)

• Standby and Emergency Proxies, in Christopher G. Mehne (ed.), Massachusetts Guardianship and Conservatorship Practice, MCLE (2000).

• Representing Clients with Mental Illness, Massachusetts Continuing Legal Education [MCLE] (2000)(Editor with Jennifer Honig)

• Guardianships and Conservatorships in Massachusetts, Second Edition, Lexis Law Publishers (2000)(Annual supplements through 2010) with John H. Cross and Jinanne S.J. Elder

• “Delusions of Rights: Americans with Psychiatric Disabilities, Employment Discrimination and the Americans with Disabilities Act,” 52 Alabama Law Review 271 (2000)(symposium issue)

• “The Americans with Disabilities Act and Mental Health Law: Issues for the Twenty-first Century,” 10 Journal of Contemporary Legal Issues 131 (1999)(symposium issue)

• “The Impact of Law on Women with Diagnoses of Borderline Personality Disorder Related to Childhood Sexual Abuse,” in Levin, Blanch and Jennings, ed., Women’s Mental Health Services: A Public Health Perspective (Sage 1998).

• “Social Control Through the Law,” 49 Psychiatric Services 1099 (1998)(book review)

• “You’d Have to Be Crazy to Work Here: Worker Stress, the Abusive Workplace, and Title I of the ADA,” 31 Loyola Law Review 795 (1998)(symposium issue).

• Advance Directive for People with Mental Illness: A Survey of State Law, 4 Psychology, Public Policy & Law 788 (1998), reprinted in Carol Krohm & Scott Summers, Advance Health Care Directives: A Handbook for Professionals, American Bar Association (2002).

• Access to Mental Health Care and Treatment, in Steven Rosenfeld, et al, Access to Health Care: Representing Clients with Disabilities or Chronic Illness, MCLE (1998).

• Has the Time for Guardianship Reform Finally Arrived? 14 Massachusetts Family Law Journal 93 (1997)

• Fair Housing Law and the Siting of Community Residences, in Ernest Winsor (ed.), Housing and Disability: Securing Housing for Poor People with Disabilities, MCLE (1997)

• “Issues Relating To Women and Ethnic Minorities in Mental Health Treatment and Law,” in Bruce Sales and Dan Shuman, eds. Law, Mental Health and Mental Disorder, Brooks/Cole (1996).

• “Reforming the Provision of Mental Health Treatment,” in Cary Moss, ed. Man-Made Medicine: Women’s Health, Public Policy, and Reform, Duke University Press (1996).

• “Race, Competence Testing, and Disability Law: A Review of the MacArthur Competence Research,” 2 Psychology, Public Policy and Law 31 (1996).

• Privatization and Managed Health Care: Implications for Involuntary Mental Health Care and Treatment, 12 Massachusetts Family Law Journal 21 (1994).

• “The Protection Racket: Violence Against Women, Psychiatric Labelling and Law,” 88 Northwestern University Law Review 1271 (June 1994).

• “Dancing in the Sky Without a Parachute: Love and Sex in Mental Institutions,” in Clarence Sundrum, ed., Choice and Autonomy, New York Commission on Quality of Care for the Mentally Disabled (1994).

• Managed Health Care: Implications for Involuntary Care and Systemic Coercion, in Symposium Proceedings, Involuntary Interventions: The Call for a National Legal and Medical Response, University of Texas Medical Center (1994).

• “Silencing the Different Voice: Competence, Feminist Theory, and Law,” 47 Univ. of Miami Law Review 763 (1993).

• “Abolishing Competency as a Construction of Difference: A Radical Proposal to Promote the Equality of Persons with Disabilities,” 47 Miami Law Rev. 867 (1993)

• “What Constitutes Departure from Professional Judgment?” 17 Mental and Physical Disability Law Reporter 207 (March/April 1993).

• “Leaving Civil Rights To The `Experts’: From Deference To Abdication Under The Professional Judgment Standard,” 102 Yale L.J. 639 (1992).

• “Legal Challenges to Discrimination Against Women with Alcohol Disabilities: Punishment For No Crime,” 76 Massachusetts Bar J. 229 (1991)

• Representing Patients or Family Members in Termination or Refusal of Treatment Cases, in Jonathan Brandt (ed.), “Right to Die”: Planning Ahead, MCLE (1991)

• Guardianships with the Authority to Administer Antipsychotic Medication, 9 Massachusetts Family Law Journal 1 (1991).

• “Establishing Standards for Care of Persons with Disabilities through Damage Actions,” 17 New York U. Rev. of Law and Social Change 651 (1990)

• “Whose Egg Is It Anyway? Reproductive Rights of Institutionalized, Incarcerated, and Incompetent Women,” 13 NOVA Law Review 405 (1989).

• “Preventive Commitment: Administrative and Legal Pitfalls in Creating a Coercive Community,” 11 Journal of Health and Human Resources Administration 459 (Spring 1989).

• “Ill Are Entitled To Rights – And Care,” Editorial, USA Today (March 5, 1987).

• “Compulsory Community Treatment: Distorted Doctrines and Violated Values,” 20 Loyola L. R. 1329 (1987)(with Cathy E. Costanzo)

• “Protection and Advocacy for People Who are Labeled Mentally Ill,” Chapter in Advocacy in Institutions (1987)

• “Compulsory Community Treatment: Distorted Doctrines and Violated Values,” 20 Loyola L. R. 1329 (1987)(with Steven J. Schwartz)

• “Advocating for Mothers in the Mental Health System,” in Protection And Advocacy For People Who Are Labelled Mentally Ill (Mental Health Law Project 1987).

• “Preventive Commitment: The Concept and its Pitfalls,” Mental and Physical Disability Law Reporter, Vol. 11, No. 14 (July-August 1987).

• “Mothers in the Mental Health System” in Isensee and Tarr-Whelan, eds., The Women’s Economic Justice Agenda: Ideas for the States, Washington, D.C.: National Center for Policy Alternatives (1987).

• “The Psychiatric Cure For Homelessness: Wrong Diagnosis, Wrong Treatment,” New Physician (December 1986).

• New Community Opportunities for People With Retardation: Legal Manual for Consumers, Families, and Workers (1985) (co-author)

• Representing the Mentally Impaired Defendant, Mental Health Legal Advisors Committee (1985)

• New Community Opportunities for People With Retardation: Legal Manual for Consumers, Families, and Workers (1985) (co-author) “Rights of Institutionalized Persons,” in Guardianships, Conservatorships, Civil Commitments, and Rights of Institutionalized Persons, Massachusetts Continuing Legal Education (1984)

• “Equal Protection Principles in Medical Care to People With Disabilities: Informed Consent, Not The Right to Refuse,”chapter in Symposium on Right to Refuse Treatment, American Bar Association, Commission on the Mentally Disabled (1985)

• “The Right To Counsel In Commitment Proceedings,” Mental and Physical Disability Law Reporter, Vol. 9, No. 3 (May-June 1985).

• “Massachusetts Complaint Procedure,” 8 Mental and Physical Disability Law Reporter 5 (Sept. – Oct. 1984)

• “Protecting the Rights and Enhancing the Dignity of People With Disabilities,” 14 Rutgers Law J. 541 (June 1983) (co-author)

• Protecting the Rights and Enhancing the Dignity of People with Disabilities: Standards for Effective Legal Advocacy, l4 Rutgers Law Journal 54l (1983) (co- author).

• Book Review, Legal Rights and Mental Health Care, 5 West. New Eng. L. Rev. 1001 (1983)

• “Protecting the Rights and Enhancing the Dignity of People With Disabilities,” 14 Rutgers Law J. 541 (1983) (co-author)

• A Legal Service Delivery System for Persons With Mental Handicaps (NIMH Report 1982) (co-author)

• “The Massachusetts Constitutional Amendment: Prohibiting Discrimination on the Basis of Handicap,” 16 Suffolk Law J. 47 (1982) (co-author)

• “Preparation and Trial of a Civil Commitment Case,” 5 Mental Disability Law Reporter 281 (July – August 1981)

• “Legal Advocacy for Persons Confined in Mental Hospitals,” 5 Mental Disability Law Reporter 274 (July – August 1981) (co-author)

• Legal Advocacy for Persons Confined in Mental Hospitals, 5 Mental Disability Law Reporter, (July-August 1981)(with Steven J. Schwartz)

• “Representing Defendants in Civil Commitment Proceedings,” Massachusetts Continuing Legal Education (1981)

• Community Mental Health Law Bibliography, Irvington Press (1981)

• Establishing and Maintaining An Institutional Advocacy Program: Representing People With Handicaps (Legal Services Corporation 1981) (co-author)

• Trial Manual for Civil Commitment (Mental Health Legal Advisors Committee, rev’d. ed. 1980) (co-author)

• “The Mental Patients Advocacy Project,” Advocacy Now (September 1980)

• “Community Residential Regulations,” 4 Mental Disability Law Reporter 125 (March – April 1980)

• Community Non-Residential Regulations, Mental Disability Law Reporter (April-May 1980)(co-author)

• Models for Legal Advocacy Systems for Institutionalized Persons: Final Report of the Mental Patients Advocacy Project (NIMH 1979) (co-author)

• Models for Legal Advocacy Systems for Institutionalized Persons: Final Report of the Mental Patients Advocacy Project (NIMH 1979) (co-author)

• “The Civil Commitment Hearing,” 1 Mental Disability Law Reporter 379 (March – April 1977)