This paper examines the intersection of behavior modification and recent court litigation dealing with prisoners and mentally handicapped persons. The courts have displayed an unprecedented interest in articulating the rights of institutionalized residents and establishing specific standards to insure that these rights are protected. While many of the court-ordered reforms are clearly beneficial, some of the emerging standards might, and indeed do, limit the use of certain behavior modification techniques, with the very real possibility that important therapeutic interventions could be delayed or even prohibited for some persons. The authors present a comprehensive review of the court decisions relating to