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Unpublished Paper
The Dangerousness of the Status Quo: A Case for Modernizing Civil Commitment Law
ExpressO (2013)
  • Daniel A Moon
Abstract

The states, private healthcare organizations, and those with psychiatric disorders are poorly served by the vague “dangerousness” standard endorsed by the United States Supreme Court in O’Connor v. Donaldson, as well as the state statutes that adhere to the high bar set in its holding. This paper explores involuntary civil commitment from a variety of perspectives in order to highlight these issues and to identify where improvements can be made. Specifically, this article proposes that the American Law Institute or the American Bar Association promulgate model rules intended to correct the system’s shortcomings and protect the various interested parties.

Keywords
  • Involuntary Civil Commitment,
  • O'Connor v Donaldson
Publication Date
August 26, 2013
Citation Information
Daniel A Moon. "The Dangerousness of the Status Quo: A Case for Modernizing Civil Commitment Law" ExpressO (2013)
Available at: http://works.bepress.com/daniel_moon/2/