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The Criminal Defense Lawyer's Fiduciary Duty to Clients With Mental Disability
(Fordham Law Review, 2000)
This Article has argued that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows ...
A Defense of the Integrationist Test as a Replacement for the Special Defense of Insanity
(Texas Tech Law Review, 2009)
This article, written for a symposium on "Criminal Law and the Excuses," defends the "Integrationist" approach to analysis of the exculpatory effect of mental disability that I developed in Chapter Two of my book, Minding ...
Mental Illness and Self-Representation: Faretta, Godinez and Edwards
(Ohio State Journal of Criminal Law, 2009)
In the recent decision of Indiana v. Edwards the Supreme Court held that the right to represent oneself may be denied to defendants who are competent to stand trial if they "still suffer from severe mental illness to the ...