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9 J.C. & U.L. 101 (1982-1983)
Therapeutic Paternalism and the Misuse of Mandatory Psychiatric Withdrawals on Campus

handle is hein.journals/jcolunly9 and id is 113 raw text is: THERAPEUTIC PATERNALISM AND THE MISUSE OF MANDATORY PSYCHIATRIC WITHDRAWALS ON CAMPUS GARY PAVELA* Experience should teach us to be most on our guard to protect liberty when Government's purposes are beneficient.... Olmstead v. United States, 277 U.S. 438, 479 (1928) (Brandeis, J. dissenting) An administrative withdrawal procedure at a public college in the Midwest provides that a student may be summarily removed from cam- pus for reasons of mental or emotional health if the student's actions, behavior, or state of mind so recommend.1 A public university on * B.A. 1968, Lawrence College; M.A. 1970, Wesleyan University; J.D. 1973, Univer- sity of Illinois. Director of Judicial Programs and Lecturer in General Honors, University of Maryland at College Park. Fellow, Center for Behavioral Science and Law, University of Wisconsin-Madison. Law clerk to the late Judge A. P. Murrah, United States Court of Ap- peals, loth Circuit, 1973-74. Research assistance was provided by David Rardin, Ph.D. can- didate in Psychology at the University of Maryland-College Park, and by James Touhey, third year law student at the University of Maryland School of Law. I Examples cited here are drawn from materials pertaining to psychiatric withdrawals supplied to me by the following institutions: University of Arizona Bowling Green State University University of California at Davis University of California at Los Angeles Columbia University University of Delaware University of Florida University of Georgia Harvard University University of Kentucky Kutztown State College University of Massachusetts at Amherst University of Michigan University of Nebraska University of New Hampshire University of New Haven

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