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PsycLAW : Alphabetical Listing of APA Amicus
Briefs
Amicus Curiae Briefs of the American
Psychological Association
Listing of the amicus briefs in alphabetical order. Each of the titles below links to a one-page summary. Selected full-text briefs are linked below. Please note that the PDF files may take time to download, as they are very large files.
Akron v. Akron Center for Reproductive
Health, Inc. (1983): [US Supreme Court/brief filed
8/82] -- Whether the City of Akron's adoption of an informed
consent requirement for abortions, which mandated that the
individual providing pre-abortion counseling must be the
woman's attending physician (as opposed to other qualified
professionals) and specified the kind and substance of the
information to be presented, was constitutional
Ake v. Oklahoma (1985): [U.S.
Supreme Court/brief filed 6/84] -- Whether an indigent
defendant has the constitutional right to the appointment of a
mental health professional at the State's expense to help the
defendant prepare an insanity defense and rebut evidence of
future dangerousness. (Read Full-Text Amicus Brief )
Alaska v. R. H. Wetherhorn (1984):
[Alaska Court of Appeals/brief filed 10/83] -- Whether
admissions of child abuse made during either
voluntarily-obtained or court-ordered therapy are admissible
in a criminal trial or protected by the state's privileged
communication statutes and the right against
self-incrimination under the state and/or federal constitution. (Read Full-Text Amicus
Brief)
Andersen v. King County
(pending): [Supreme Court of the State of
Washington/brief filed 2/05] -– addresses a challenge to the
constitutionality of Washington’s statutes limiting the right
to marry to opposite-sex couples.
(Read Full-Text Amicus
Brief )
Atkins v. Virginia (2002):
[US Supreme Court/motion filed 11/19/01 to have McCarver
v. North Carolina brief considered in this case] -- addresses
the question, "whether the execution of mentally retarded
individuals convicted of capital crimes violates the Eighth
Amendment."
BenShalom v. Marsh (1989):
[US Court of Appeals for the Seventh Circuit/brief filed
3/89] -- Whether the US Army may constitutionally deny
reenlistment to any serviceperson who declares him/herself to
have a homosexual orientation. (Read Full-Text Amicus
Brief )
Blue Shield of Virginia v. McCready
(1982): [US Supreme Court/brief filed 1/82]
Whether an insured patient receiving psychotherapy has
standing to sue for treble damages under antitrust laws (i.e.,
the Clayton Act) when third party payors refuse to reimburse
psychologists for mental health services unless those services
are billed by physicians (Read Full-Text
Amicus Brief)
Boswell v. Boswell (1998):
[Maryland Court of Appeals/brief filed 7/98] -- Whether a
gay father may be denied overnight visitation with his
children and visitations in the presence of his male partner
(Read Full-Text
Amicus Brief)
Bottoms v. Bottoms (1995):
[Virginia Court of Appeals/brief filed 11/93 & Virginia
Supreme Court/brief filed 12/94] -- Whether a lesbian
biological mother could be denied custody of her child on the
grounds that her sexual orientation rendered her unfit as a
parent (Read Full-Text
Amicus Brief) G16
Bowen v. Kendrick (1988): [US
Supreme Court/APA joined a brief filed 2/88] -- Whether the
1981 Adolescent Family Life Act (AFLA) was constitutional,
including whether it violated the constitutional rights of
individuals to make informed reproductive decisions free of
government coercion. (Read Full-Text Amicus
Brief )
Bowers v. Hardwick (1986): [US
Supreme Court/brief filed 1/86] -- Whether Georgia's sodomy
law which outlawed private sexual conduct between consenting
adults was constitutional. (Read Full-Text Amicus
Brief )
Boy Scouts of America v. Dale, 530 U.S. 640
(2000): [US Supreme Court/brief filed 3/29/2000]
-- Whether the Boy Scouts' claim that the recent New Jersey
Supreme Court's decision, that the Boy Scouts of America is
subject to the State's Law Against Discrimination and violated
the law in expelling an assistant scoutmaster because he
stated publicly that he is gay, infringes upon its First
Amendment right to freedom of association (Read Full-Text Amicus
Brief)
Boy Scouts of America, National Capital
Area Council v. Pool et al (2002): [D.C. Court of
Appeals/APA brief filed 2/26/02] -- Addresses the Boy Scout's
claim that the decision of the District of Columbia's
Commission on Human Rights that the BSA is subject to DC law
against discrimination and violated the law in terminating all
relationships with two gay former Eagle Scouts, is contrary to
the Supreme Court precedent in Dale v. Boy Scouts of America
and infringes on its First Amendment right to freedom of
association. (Read Full-Text Amicus
Brief )
Bucy v. Bucy (1990): [Connecticut
Court of Appeals/brief filed 2/90] -- whether expenses
incurred in psychotherapy for the treatment of eating
disorders are "medical expenses" within the meaning of a
separation and support decree. (Read Full-Text Amicus
Brief )
California Association of Psychology
Providers v. Rank (1990): [California Supreme
Court/brief filed 6/88] -- Whether certain California
regulations were inconsistent with legislation defining the
scope of psychologists' practice in hospitals and permitting
psychologists to provide services as independent practitioners
"without discrimination" (Read
Full-Text Amicus
Brief )
Campbell v. Sundquist (1996):
[Tennessee Court of Appeals/brief filed 10/95] -- Whether
a Tennessee "Homosexual Acts" statute prohibiting private
sexual activity between consenting adults of the same sex
violates the Tennessee Constitution's right to privacy (Read
full-text amicus brief). (Read Full-Text Amicus Brief)
Chandler Exterminators, Inc. v. Morris
(1992): [Georgia Court of Appeals/brief filed
12/90 & Georgia Supreme Court/brief in support of petition for
reconsideration filed 6/92] -- Whether the lower court erred
in rejecting the testimony of a neuropsychologist concerning
the causes of brain damage as a result of exposure to the
neurotoxic substance Aldrin and ruling that psychologists are
not competent to testify as to the organic causes of
psychological dysfunction by stating "Medical causation is not
a subject within the scope of psychological expertise." (Read
Full-Text Amicus
Brief )
City of Cleburne v. Cleburne Living
Center, Inc. (1985): [(US Supreme Court/APA signed
onto brief filed 1984] -- Whether zoning restrictions limiting
the right of mentally retarded persons to establish group
homes was unconstitutional. (Read Full-Text Amicus
Brief )
Colorado v. Connelly (1986):
[US Supreme Court/brief filed 3/86] -- Whether an
individual diagnosed as paranoid schizophrenic acting in
response to "command hallucinations" is competent to waive
Miranda rights and his subsequent confession is voluntary and
admissible. (Read Full-Text Amicus
Brief )
Comfort v. Lynn (2005):
[Missouri Supreme Court/brief filed 6/98] -- Whether a
lesbian mother may be denied custody solely on the basis of
her sexual orientation rather than on the basis of what is in
the best interests of the child. (Read Full-Text Amicus
Brief )
Currie v. United States (1987):
[US Court of Appeals for the Fourth Circuit/brief filed
1/87] -- Whether a psychotherapist is liable under tort law
for failure to institute involuntary commitment proceedings
(Read
Full-Text Amicus
Brief )
Delong v. Delong (1998):
[Missouri Supreme Court/brief filed 6/98] -- Whether a
lesbian mother may be denied custody solely on the basis of
her sexual orientation rather than on the basis of what is in
the best interests of the child.
(Read Full-Text
Amicus Brief)
Dept. of
Treasury, Bureau of Alcohol, Tobacco, & Firearms v. Galioto
(1986): [U.S. Supreme Court/brief filed 2/86] --
Whether provisions of a federal crime statute which
permanently prohibited any individual adjudicated as suffering
from a mental defective or committed to any mental institution
from receiving, transporting, or shipping a firearm or
ammunition in interstate commerce or being sold a firearm was
unconstitutional
Detroit Edison Co. v. National Labor
Relations Board (1979): [US Court of Appeals for
the Sixth Circuit/brief filed 1976 & US Supreme Court/brief
filed 1977] -- Whether an order of the National Labor
Relations Board that required Detroit Edison to provide to a
union with copies of an actual test battery and employees' raw
scores and test papers without their consent should be
enforced in light of confidentiality and test security
concerns. (Read Full-Text Amicus
Brief )
Emerich v. Philadelphia Center for Human
Development, Inc. (1998): [Pennsylvania Supreme
Court/brief filed 10/96] -- Whether a mental health
professional has a duty to warn a third party of a patient's
threats to harm the third party and the scope of any such duty
(Read
Full-Text Amicus
Brief )
Equality Foundation of Greater Cincinnati,
Inc. v. City of Cincinnati (1995): [US Court of
Appeals for the Sixth Circuit/brief filed 12/94] -- Whether an
anti-gay rights ballot initiative was constitutional (Read
Full-Text Amicus
Brief )
Estate of Davis v. Yong-Oh Lhim
(1986): [Michigan Supreme Court/brief filed 7/86]
-- Whether a psychotherapist is liable under tort law for the
standard of care concerning the discharge of patients from
mental hospitals and not a therapist's duty to warn of
potential danger. (Read Full-Text Amicus
Brief )
Ewing v.Goldstein (2004):
[California Supreme Court/letter in support of petition
for review filed 9/04] -– addresses review of a decision that
extends California’s duty to warn statute from communications
from the patient to the therapist to include communications
about the patient from a third party (Read the Letter of
Petition for Review) (Read the Letter of Petition for
Review )
Faulkner v. National Geographic
Enterprises, Inc., (2005): [US Court of Appeals
for the Second Circuit/brief filed 6/04] – addresses the
rights of scholarly publishers to digitize their present and
past works. (Read Full-Text Amicus
Brief )
Ford v. Norton, 107 Cal. Rptr. 2d 776
(2001): [Court of Appeal of the State of
California/brief filed 1/6/00] - the case raises the issue of
the scope of psychologists' practice (i.e., whether a clinical
psychologist is authorized to order the early release of a
patient who is hospitalized involuntarily).
Ford v. Wainwright (1986): [US
Supreme Court/brief filed 1/86] -- Whether (1) it is
unconstitutional to execute an incompetent person, and (2) the
procedural issue of whether Florida's statutory scheme for
evaluating the competency of a condemned prisoner meets the
requirements of due process. (Read Full-Text Amicus
Brief )
Forrest v. Ambach (1983): [NY
Supreme Court/briefs filed 9/80, 7/81 & NY Supreme Court,
Appellate Division/brief filed 12/82] -- Whether the New York
Commissioner of Education acted in an arbitrary and capricious
manner in not permitting a school psychologist to challenge
her employment termination for due disagreeing with the State
Commissioner regarding the statutory requirements for services
to handicapped children. (Read Full-Text Amicus
Brief )
Goodman v. Georgia, (pending):
[US Supreme Court/brief filed 7/05] -– addresses whether
the American with Disabilities Act applies to conditions under
which the disabled are held in state prisons. (Read Full-Text Amicus
Brief )
Grutter v. Bollinger, 539 U.S. 306,
and Gratz v. Bollinger, 539 U.S. 244 (2003): [U.S.
Supreme Court /brief filed 2/18/03] -- this case addresses
whether the University of Michigan's consideration of race in
student admissions violates the Equal Protection Clause of the
14th Amendment, Title VI of the Civil Rights Act, or 42 U.S.C.
1981? (Read Full-Text Amicus
Brief )
Harris v. Forklift Systems, Inc.
(1993): [US Supreme Court/brief filed 4/93] --
Whether a sexual harassment plaintiff must prove not only that
the conduct complained of would have offended a reasonable
victim, and that the plaintiff was in fact offended, but also
that the conduct caused the plaintiff to suffer serious
psychological injury. (Read Full-Text Amicus
Brief )
Harris v. McRae (1980): [US
Supreme Court/APA signed onto a brief filed 7/80] -- Whether
(1) a state participating in the Medicaid program were
required to pay for medically necessary abortions and (2)
Whether the Hyde Amendment denying federal reimbursement for
such abortions was unconstitutional
Hartigan v. Zbaraz (1987):
[US Supreme Court/brief filed 2/87] -- Whether the
Illinois Parental Notice Abortion Act which required a
physician to give 24-hour notice to both parents of a minor
was unconstitutional. (Read Full-Text Amicus
Brief )
Hawthorne v. State of Florida
(1985): [Florida District Court of Appeals/brief
filed 2/83] -- Whether expert testimony on battered women's
syndrome is admissible to help establish claims of
self-defense in a murder case (Parallels the New Jersey v.
Kelly case). (Read Full-Text Amicus
Brief )
Hedlund v. Superior Court of Orange County
(1983): [California Supreme Court/brief filed
10/83] -- Whether a "foreseeable" bystander in a close
relationship to the victim of an assault by a patient can
bring a cause of action against the patient's psychotherapist
for emotional injury resulting from a failure to warn (Read
Full-Text Amicus
Brief )
Hernandez v. Robles
(pending): [New York, Appellate Division, First
Department/Brief filed 8/05] -- -addresses a constitutional
challenge to New York’s refusal to issue marriage licenses to
same-sex couples (Read Full-Text Amicus
Brief )
Hertzler v. Hertzler (1995):
[Wyoming Supreme Court/brief filed 12/94] -- Whether the
"best interests of the child" is served by restricting
visitation rights to a minimum level due to a mother's sexual
orientation as a lesbian. (Read Full-Text Amicus
Brief )
Hodgson v. State of Minnesota (1988) &
(1990): [US Court of Appeals for the Eighth
Circuit/brief filed 3/87 & US Supreme Court/brief filed 9/89]
-- Whether a Minnesota statute requiring physicians to notify
the parents of all unemancipated minors under the age of 18 at
least 48 hours before performing an abortion was
unconstitutional (companion case to Ohio v. Akron) (Read
Full-Text Amicus
Brief )
Horne v. Goodson Logging Co. (1986):
[North Carolina Court of Appeals/brief filed 8/86] --
Whether a neuropsychologist is competent and credible to
testify as an expert determining neurological disability for
the purposes of awarding monetary compensation (Read
Full-Text Amicus
Brief )
Hudgins v. Moore (1999):
[Supreme Court of South Carolina/briefs filed 2/98 and
2/99] -- Whether the prosecution could use raw MMPI-A test
materials, administered to determine the defendant's
competency to stand trial, to argue at trial that the
defendant admitted to being a liar. (Read Full-Text Amicus
Brief )
Huntoon v. TCI Cablevision of Colorado
(1998): [US Court of Appeals for the Ninth
Circuit/brief filed 7/97 & Colorado Supreme Court/brief filed
2/98] -- Whether a neuropsychologist is qualified to testify
as to the causation of a head injury. (Read Full-Text Amicus
Brief )
Hutchinson v. Proxmire (1979):
[US Supreme Court/brief filed 2/79] -- Whether a research
scientist is a "public figure" for the purposes of libel law
if he is supported by public funds, thereby rendering it
difficult for a scientist to sue for libel (Read
Full-Text Amicus
Brief )
In re Bryant (1988): [District
of Columbia Court of Appeals/brief filed 6/87] -- Whether
involuntarily committed mental patients have the right to
refuse anti-psychotic medication. (Read Full-Text Amicus
Brief )
In re. Adoption of Luke (2002):
[Nebraska Supreme Court/APA brief filed 9/01] -- this case
involves an adoption proceeding commenced by the lesbian
partner of a child's natural mother. The case challenges the
issue that second-parent adoptions must be denied when the
co-parents are gay or lesbian. (Read Full-Text Amicus
Brief )
In re Marriage Cases (2008):
[California Supreme Court/brief filed 9/07] -- –Whether prohibiting same-sex marriage discriminates on the basis of sexual orientation, rather than just imposing disparate burdens on gay people. (Read Full-Text Amicus
Brief )
Insurance Board v. Muir (1987):
[US Court of Appeals for the Third Circuit/brief filed
8/86] -- Whether employee benefit plans issued by private
employers but administered by fiscal intermediaries are
subject to ERISA or constitute the business of insurance, thus
saving the state benefits laws from preemption (the main issue
for psychology was whether ERISA exempts insurance carriers
from complying with psychologists' freedom of choice laws and
mandated mental-health benefit laws. (Read Full-Text Amicus
Brief )
International Primate Protection League v.
Institute for Behavioral Research (1986): [US
Court of Appeals for the Fourth Circuit/APA joined 69
scientific organizations filing a joint amici curiae brief
filed 1986 -- Whether animal rights organizations have
standing to sue for custody of a laboratory under state
anti-cruelty to animals. (Read Full-Text Amicus
Brief )
Jaffee v. Redmond (1996): [US
Supreme Court/brief filed 1/96] -- Whether a
psychotherapist-patient privilege was recognized under Rule
501 of the Federal Rules of Evidence. The US Supreme Court
granted certiorari to review a decision of the Seventh Circuit
that recognized the existence of a psychotherapist-patient
privilege and held that confidential communications of a
police officer with a licensed social worker were protected
from compelled disclosure. (Read Full-Text Amicus
Brief )
Jegley v. Picado (2002):
[Arkansas Supreme Court/brief filed 10/01] -- addresses
the constitutionality of an Arkansas law that makes sodomy
between same-sex couples a crime. (Read Full-Text Amicus
Brief )
Jenkins v. United States (1962):
[US Court of Appeals for the District of Columbia/brief
filed 2/62] -- Whether a psychologist is competent to state
professional opinions as an expert witness concerning the
nature, and existence or non-existence, of mental disease and
defect. (Read Full-Text Amicus
Brief )
Kentucky v. Stincer (1987):
[US Supreme Court/brief filed 1/87] -- Whether a defendant
accused of sexually abusing a child has the right to be
present at a pretrial hearing at which a child is questioned
to determine competence to testify at trial (Read
Full-Text Amicus
Brief )
Kentucky v. Wasson (1992):
[Kentucky Supreme Court/brief filed 8/91] -- Whether
Kentucky sodomy laws are constitutional under the Kentucky
Constitution. (Read Full-Text Amicus
Brief )
Landers v. Chrysler Corporation
(1997): [Missouri Court of Appeals/brief filed
8/97] -- Whether a neuropsychologist is qualified to testify
as to the causation of a head injury. (Read Full-Text Amicus
Brief )
Lawrence v. Texas, 539 U.S. 558
(2003): [US Supreme Court/brief filed 1/16/03] --
addresses the constitutionality of a Texas law that makes
sodomy between same-sex couples a crime. (Read Full-Text Amicus
Brief )
Levy v. Edelhofer (2001):
[Fourth District Court of Appeal, State of
California/briefs filed 11/13/00 & 12/4/00] -- the case
presents the questions of: (1) whether the client/therapist
privilege applies to the communications of therapist to the
client, (2) whether a court should evaluate communications in
therapy to decide whether they are "therapeutic" before
deciding whether they are privileged, and (3) whether
psychotherapists owe a general duty of care to third parties,
or whether psychotherapists owe a general duty of care to
their patients' former therapists with whom they have no
contractual relationship.
Lewis v. Harris (2005):
[Superior Court of New Jersey, Appellate Division/brief
filed 10/04] -– whether the New Jersey Constitution compels
the State to allow same-sex couples to marry. (Read Full-Text Amicus
Brief )
Li v. Oregon (2005):
[Supreme Court of the State of Oregon/brief filed 10/04]
-– addresses a challenge to Oregon’s refusal to issue marriage
licenses to same-sex couples (Read
Full-Text Amicus
Brief )
Lockhart v. McCree (1986):
[US Supreme Court/brief filed 12/85] -- Whether the use of
a death-qualified jury in a capital case is unconstitutional
(Read
Full-Text Amicus
Brief )
Martin v. Benson (1988): [North
Carolina Supreme Court/brief filed 4/97] -- Whether a
neuropsychologist is competent to testify as to whether the
symptoms evidenced by a person are indications of a closed
head injury. (Read Full-Text Amicus
Brief )
Maryland v. Craig (1990): [US
Supreme Court/brief filed 3/90] -- Whether certain procedural
protections such as the use of one-way close circuit
television may be afforded to the victims of child abuse when
testifying against the accused individual. (Read Full-Text Amicus
Brief )
McCarver v. North Carolina
(2001): [US Supreme Court/brief filed 6/8/01] --
this case addresses whether the Eighth Amendment's ban against
cruel and unusual punishment prohibits the execution of
individuals with mental. (Read Full-Text Amicus
Brief )
Menendez v. State of California
(1992): [California Supreme Court/brief filed
10/91] -- Whether patient-therapist communications lose their
privileged status once a patient threatens others in a manner
such that the therapist's Tarasoff duties are triggered and
when a therapist-patient relationship is terminated (Read
Full-Text Amicus
Brief )
Metropolitan Edison Co. v. People Against
Nuclear Energy (and United States Nuclear Regulatory
Commission v. People Against Nuclear Energy) (1983):
[US Supreme Court/briefs filed 9/82 and 1/83] -- Whether
there are situations in which an environmental impact
statement under the National Environmental Policy Act must
consider the effects of a proposed action on psychological
health. (Read Full-Text Amicus
Brief )
Metropolitan Life Insurance Co. v. State of
Massachusetts (and Travelers Insurance Co. v. State of
Massachusetts) (1985): [US Supreme Court/brief
filed 1/85] -- Whether a state law requiring mandatory minimal
mental health benefits under which outpatient services could
be provided by a licensed psychologist was preempted by the
federal ERISA law. (Read Full-Text Amicus
Brief )
Miller v. City of Poughkeepsie
(1991): [New York Supreme Court, Appellate
Division/brief filed 12/91] -- Whether the State of New York
and the federal government consider "medical treatment" to
include services provided by a psychologist (Read Full-Text Amicus
Brief )
Mills v. Rogers (1983): [US
Supreme Court/brief filed 1/83 and Massachusetts Supreme
Court/brief filed 9/81] -- Whether a patient institutionalized
in a state psychiatric facility has the right to refuse the
administration of anti-psychotic medication
National Kidney Patients Association v.
Sullivan (1993): [US Supreme Court brief in
support of a petition for certiorari/brief filed 12/92] --
Whether health care providers and Medicare beneficiaries may
seek judicial review of HCFA regulations without first
completing lengthy administrative review process by HCFA (Read
Full-Text Amicus
Brief )
New Jersey v. Kelly (1984):
[New Jersey Supreme Court/brief filed 4/83] -- Whether
expert testimony on battered women's syndrome is admissible to
help establish claims of self-defense in a murder case
(Parallels case of Hawthorne v. Florida). (Read Full-Text Amicus
Brief )
New York v. Uplinger (1984):
[US Supreme Court/brief filed 12/83] -- Whether a New York
Loitering law that prohibited loitering for the purpose of
engaging in "deviate" sexual intercourse was unconstitutional
(Read Full-Text Amicus
Brief )
Ohio v. Akron Center for Reproductive Health,
Inc. (and Hodgson v. State of Minnesota) (1990):
[US Supreme Court/brief filed 9/89] -- Whether an Ohio
statute which prohibited a physician from performing an
abortion upon a minor unless notice was provided to one of the
minor's parents. (Read Full-Text Amicus
Brief )
Olmstead v. L.C. (1999): [US
Supreme Court/brief filed 3/99] -- Whether the Americans With
Disabilities Act compels a state to provide treatment for
mentally disabled patients in a community placement rather
than a state mental institution when that is an appropriate
treatment option
Oregon v. Miller (1985):
[Oregon Supreme Court/brief filed 12/84] -- Whether
psychotherapist-patient privilege extended to a receptionist
and to statements made to a psychiatrist that were not for the
purpose of diagnosis or treatment. (Read Full-Text Amicus
Brief )
Patrick v. Burget (1989): [US
Supreme Court/brief filed 11/87] -- Whether the conduct of
hospital peer committees with the power to grant hospital
privileges were absolutely immune from antitrust liability
under the state action doctrine
Penry v. Lynaugh (1988): [US
Supreme Court/brief filed 9/88] -- Whether mentally retarded
individuals possess the moral culpability to be subjected to
the death penalty. (Read Full-Text Amicus
Brief )
People v. Gil (1998): [New York
Supreme Court, Appellate Division/brief filed 7/97] -- Whether
cognitive research evidence and expert testimony regarding
laypersons' beliefs concerning physics was admissible in a
murder trial
Planned Parenthood of S.E. Pennsylvania v.
Casey (1992): [US Supreme Court/brief filed 3/92]
-- Whether (1) the challenged provisions of Pennsylvania's
abortion statute are constitutional, and (2) the standard of
review established under Roe v. Wade for regulations
restricting abortion remained the law of the land (Read Full-Text Amicus
Brief )
Price Waterhouse v. Hopkins (1989):
[US Supreme Court/brief filed 6/88]-- Whether social
psychological research and expert testimony regarding sex-role
stereotyping is sufficient to support a finding of
sex-discrimination in a Title VII (mixed motivation) case (Read
Full-Text Amicus
Brief )
Progressive Animal Welfare Society (PAWS) v.
University of Washington (1994): [Washington
Supreme Court/brief filed 7/93] -- Whether unfunded grant
proposals submitted to a federal agency are protected from
disclosure by federal preemption and the researcher's First
Amendment right of academic freedom. (Read Full-Text Amicus
Brief )
Riese v. St. Mary's Hospital & Medical
Center (1988): [California Supreme Court/brief
filed 8/88] -- Whether civilly committed mental patients could
refuse the administration of antipsychotic medication absent a
judicial determination of incompetence. (Read Full-Text Amicus
Brief )
Rivers v. Katz (and Grassi v. Acrish)
(1986): [New York Court of Appeals/brief filed
2/86] -- Whether involuntarily committed mental patients, who
have not been formally adjudicated to be incompetent, can
refuse antipsychotic medication. (Read Full-Text Amicus
Brief )
Romer v. Evans (1996): [US
Supreme Court/brief filed 6/95] -- Whether an enacted state
constitutional amendment prohibiting the State and all local
governmental entities from enacting, adopting or enforcing any
law or policy protecting lesbians, gay men and bisexuals from
discrimination violates the Equal Protection Clause of the
Fourteenth Amendment because it burdens the fundamental right
of lesbians, gay men and bisexuals to seek such legal
protections. (Read Full-Text
Amicus Brief)
Rone v. Fireman (1979): [US
District Ct., Northern District, Eastern Div./brief filed
1//78] -- Whether the State had an obligation to treat persons
confined to state mental hospitals in the least restrictive
setting. (Read Full-Text Amicus
Brief )
Roper v. Simmons (2005):
[US Supreme Court/filed 7/04] – Whether the imposition of
the death penalty on an individual who was 17 years old when
he committed a murder constitutes “cruel and unusual”
punishment, and is thus barred by the Eighth and Fourteenth
Amendments. (Read Full-Text Amicus
Brief )
Samuels v. New York State
Department of Health (pending): [New York
Appellate Division: Third Department/Brief filed 5/05] - -
addresses a constitutional challenge to New York’s refusal to
issue marriage licenses to same-sex couples. (Read Full-Text Amicus
Brief )
Schudel v. General Electric
(1997): [US Court of Appeals for the Ninth
Circuit/brief filed 7/95] -- Whether neuropsychologists are
competent to testify on issues pertaining to causation of an
"organic" mental condition. (Read Full-Text Amicus
Brief )
Sell v. U.S., 539 U.S. 166
(2003): [US Supreme Court/brief filed 12/19/02] --
this case addresses whether a criminal defendant should be
involuntary medicated for the purpose of restoring the
defendant to competency so that he can stand trial. (Read the
Full-Text Amicus Brief, PDF format, 2.05 MB) (Read
Full-Text Amicus
Brief )
Shields v. Madigan
(pending): [New York Appellate Division: Second
Department/Brief filed 7/05] -- addresses a constitutional
challenge to New York’s refusal to issue marriage licenses to
same-sex couples (Read Full-Text Amicus
Brief )
Smith v. Murray (1986): [US
Supreme Court/brief filed 12/85 under Smith v. Sielaff] --
Whether information the defendant provides to a mental health
professional for the purpose of diagnosis or assessment
incident to preparing a defense to a charge of a capital
offense can be used against him by the State to establish an
aggravating circumstance during the death penalty phase (Read Full-Text Amicus
Brief )
Soroka v. Dayton Hudson Corp, d.b.a. Target
Stores (1992): [California Supreme Court/APA filed
1/92 letter in support of cert. petition. Although review was
granted, the case was settled in 7/93 without an APA brief
filed] -- Whether certain portions of the MMPI and the
California Psychological Inventory administered to job
applicants (i.e., questions that facially and in isolation
suggest they are related to religious and sexual matters)
violate the privacy provisions of the California Constitution
and certain anti-discrimination laws
Stogner v. California, 539 U.S.
607 (2003): [U.S. Supreme Court /brief filed
2/18/03] -- this case involves the validity of a California
statute that retroactively expanded the statute of limitations
for certain sex offenses (i.e., the rape and molestation of
children by. (Read Full-Text Amicus
Brief )
Stover v. State of Georgia (1986):
[Georgia Supreme Court/brief filed 11/86] -- Whether a
state anti-sodomy law criminally prohibiting oral sex was
constitutional. (Read Full-Text Amicus
Brief )
Texas v. Morales (1994): [Texas
Court of Appeals/brief filed 1/92 and Texas Supreme
Court/brief filed 12/92] -- Whether the equal protection and
due process components of the Texas Constitution prohibit
criminalization of consensual homosexual sodomy among adults
in private. (Read Full-Text Amicus
Brief )
Thornburgh v. American College of
Obstetricians and Gynecologists (1986): [US
Supreme Court/brief filed 8/85] -- Whether a Pennsylvania
state law that required physicians to inform women
contemplating an abortion of the detrimental physical and
psychological effects was constitutional (Read
Full-Text Amicus
Brief )
U.S. v. Fields (pending):
[US Court of Appeals for the Fifth Circuit/brief filed
4/05] -– addresses the reliability of expert testimony in a
death penalty case (Read
Full-Text Amicus
Brief )
U.S. v. Gomes (2002): [US
Court of Appeals for the Second Circuit/brief filed 9/01] --
addresses Whether a criminal defendant can be involuntarily
medicated in order to restore the defendant to competency
(Read Full-Text Amicus
Brief )
U.S. v. Leatherman (1984):
[U.S. Court of Appeals for the District of Columbia/brief
filed 11/83] (case dismissed when Leatherman escaped from
hospital in 2/84) -- addresses Whether a prisoner found not
guilty by reason of insanity and committed for treatment can
refuse antipsychotic medications
U.S. v. Lyons (1984): [U.S.
Court of Appeals for the Fifth District/brief filed 11/83] --
Whether evidence of drug addiction should be admitted when the
defendant raises an insanity defense
United States v. Brawner (1972):
[US Court of Appeals for the District of Columbia/brief
filed 5/71] - Whether in insanity defense cases (1) the
medical model should be abandoned, and (2) the results of
psychological tests like the Rorschach should be admissible
(Read
Full-Text Amicus
Brief )
United States v. Byers (1982):
[US Court of Appeals for the District of Columbia/brief
filed 10/81] -- Whether a prosecution-requested, court-ordered
clinical interview conducted in custodial confinement of a
criminal defendant who was offering an insanity defense
endangered the privilege against self-incrimination protected
by the Fifth Amendment and the right to assistance of counsel
protected by the Sixth Amendment. (Read Full-Text Amicus
Brief )
United States v. Charters
(1988): [US Court of Appeals for the Fourth
Circuit/brief filed 6/88] -- Whether a hospitalized patient
has a federal constitutional right to refuse antipsychotic
drugs unless the patient has been found incompetent to make
treatment decisions or is imminently dangerous to self or
others. (Read Full-Text Amicus
Brief )
Virginia Academy of Clinical Psychologists v.
Blue Shield of Virginia (1980): [U.S. Court of
Appeals for the Fourth Circuit/brief filed 7/79] -- Whether a
health insurance company's refusal to provide direct payments
to clinical psychologists for outpatient psychological
services rendered to the company's subscribers unless those
services were ordered, supervised, and billed by a physician
violated the Sherman Act and "Virginia's "freedom of choice"
legislation
Washington v. Harper (1990):
[U.S. Supreme Court/brief filed 6/89] -- Whether a
prisoner in a correctional facility has the right to refuse
the administration of psychotropic drugs
Watkins v. United States Army
(1989): [U.S. Court of Appeals for the Ninth
Circuit/brief filed 8/88] -- Whether US Army regulations
requiring the discharge of lesbians and gay men and barring
them from reenlisting were unconstitutional
Watson v. Fort Worth Bank and Trust
(1988): [U.S. Supreme Court/brief filed 9/87] --
Whether the use of non-validated employment assessment tools
violated Title VII of the 1964 Civil Rights Act
Webster v. Reproductive Health Services
(1989): [U.S. Supreme Court/brief filed 3/89] --
Whether a state statute that comprehensively regulated
abortion was unconstitutional
Williamson v. Liptzen, 539 S.E. 2d 313
(2000): [Court of Appeals of North Carolina/brief
filed 2/00] -- Whether public policy supports the extension of
the law of proximate causation to allow liability in this case
concerning negligence by a mental health professional (Read
Full-Text Amicus
Brief )
Wyatt v. Aderholt (1973): [U.S.
Court of Appeals for the Fifth Circuit/brief filed 11/72] --
Whether (1) mentally impaired individuals who are
involuntarily confined in state institutions have the right to
treatment and (2) confinement without treatment deprives such
individuals of their constitutional rights
Youngberg v. Romeo (1982):
[U.S. Supreme Court/brief filed 9/81) -- Whether mentally
retarded residents of state hospitals have the constitutional
right to be free from undue bodily restraint, the right to
personal security and protection, and the right to adequate
treatment
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