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Articles 1 - 30 of 380
Full-Text Articles in Law
Taxation Without Limitation: The Prohibited Pretext Doctrine V. The Sebelius Theory, Brett W. Hastings
Taxation Without Limitation: The Prohibited Pretext Doctrine V. The Sebelius Theory, Brett W. Hastings
Marquette Elder's Advisor
The Article posits that the Supreme Court erred in its ruling regarding the Affordable Care Act by overlooking a well-established constitutional principle, dubbed the Prohibited Pretext Doctrine. This doctrine, which prohibits the exercise of a prohibited power through the pretextual use of a power granted, faded from memory due to the post- Lochner era expansion of the Commerce Clause. Nevertheless, the doctrine remains valid law. In overlooking the Prohibited Pretext Doctrine, the Supreme Court established a new and contradictory doctrine, labeled the “Sebelius Theory.” The Sebelius Theory turns the Prohibited Pretext Doctrine on its head by explicitly allowing the government …
Survivorship Rights In Joint Bank Accounts: A Misbegotten Presumption Of Intent, Gregory Eddington
Survivorship Rights In Joint Bank Accounts: A Misbegotten Presumption Of Intent, Gregory Eddington
Marquette Elder's Advisor
The Article addresses the frequently litigated issue of the ownership of joint bank accounts that elderly people may have opened to protect against incapacity or to avoid FDIC insurance limits on single accounts. Despite the strong possibility of these non-donative motives, most states—by statute or court decision—award the accounts to the surviving co-tenants instead of the depositors’ heirs or will beneficiaries. This occurs even when the account contract did not contain language of survivorship and even when there is no evidence that the depositor was offered a contract that would have allowed him or her to choose an agency arrangement. …
Consistency Is Key: To Preserve Legislative Intent The Irs Must Afford Legal Recognition To Non-Marital Relationships In A Post-Doma World, Shane R. Martins
Consistency Is Key: To Preserve Legislative Intent The Irs Must Afford Legal Recognition To Non-Marital Relationships In A Post-Doma World, Shane R. Martins
Marquette Elder's Advisor
Although the Supreme Court’s recent ruling in Windsor v. US allows for federal recognition of same-sex marriages, the Internal Revenue Service will only grant spousal recognition to couples residing in states that term same-sex unions as marriages. Consequently, spousal treatment will not be extended to non-marital relationships, even in states that treat their Civil Unions and Domestic Partnerships as “marital equivalents.” Given that spousal recognition for federal tax purposes was intended to ensure geographic uniformity and horizontal equity, the IRS must grant spousal recognition to couples who are in relationships that their respective state identifies as a “marital equivalent”.
Observing Observational Status -- Auditors And Inequities
Observing Observational Status -- Auditors And Inequities
Marquette Elder's Advisor
No abstract provided.
Bring Ulysses To Florida: Proposed Legislative Relief For Mental Health Patients
Bring Ulysses To Florida: Proposed Legislative Relief For Mental Health Patients
Marquette Elder's Advisor
None
Radioactive Veterans: A New Look At The Nuclear History Of America, Craig M. Kabatchnick, P. Michelle Fitzsimmons, Jonathan B. Kelly
Radioactive Veterans: A New Look At The Nuclear History Of America, Craig M. Kabatchnick, P. Michelle Fitzsimmons, Jonathan B. Kelly
Marquette Elder's Advisor
No abstract provided.
Scientific, Social & Legal Perspectives On Obesity: What Grown-Ups Need To Know, Judith G. Mcmullen
Scientific, Social & Legal Perspectives On Obesity: What Grown-Ups Need To Know, Judith G. Mcmullen
Marquette Elder's Advisor
No abstract provided.
Health Care Decision Making In The Veterans Health Administration: The Legal Significance For Informed Consent And Advance Directives, Liliana Kalogjera Barry
Health Care Decision Making In The Veterans Health Administration: The Legal Significance For Informed Consent And Advance Directives, Liliana Kalogjera Barry
Marquette Elder's Advisor
No abstract provided.
Confronting The Elder Care Crisis: The Private Long-Term Care Insurance Market And The Utility Of Hybrid Products
Marquette Elder's Advisor
No abstract provided.
Clear Depictions Promote Clear Decisions: Drafting Abortion Speech-And-Display Statutes That Pass First And Fourteenth Amendment Muster
Marquette Elder's Advisor
None
The Right To Posthumous Bodily Integrity And Implications Of Whose Right It Is, Hilary Young
The Right To Posthumous Bodily Integrity And Implications Of Whose Right It Is, Hilary Young
Marquette Elder's Advisor
The law protects posthumous bodily integrity by allowing people to decide what will happen to their bodies after death. This article asks whose rights these laws intend to protect: the rights-holders could consist only of living individuals whose bodies will become the corpses at issue or could include the dead themselves. Whether rights to posthumous bodily integrity belong only to the living or survive death leads to three types of insight. First, the reasons for protecting posthumous bodily integrity are different depending on who the rights-bearers are. Second, to the extent that some laws are more consistent with an approach …
Implications Of The Supreme Court's Decision In Pliva, Inc. V. Mensing: Why Generic And Brand-Name Pharmaceuticals Must Be Treated Equally Under The Federal Food, Drug, And Cosmetic Act
Marquette Elder's Advisor
No abstract provided.
Preventing Resident-To-Resident Abuse In Long-Term Care: Targeting Sex Offenders But Missing The Mark
Marquette Elder's Advisor
No abstract provided.
The Americans With Disabilities Act, Mental Illness,And Medication: A Historical Perspective And Hope For The Future, Jennifer M. Jackson
The Americans With Disabilities Act, Mental Illness,And Medication: A Historical Perspective And Hope For The Future, Jennifer M. Jackson
Marquette Elder's Advisor
No abstract provided.
Obstacles Faced By The Elderly Veteran, Craig M. Kabatchnick
Obstacles Faced By The Elderly Veteran, Craig M. Kabatchnick
Marquette Elder's Advisor
No abstract provided.
The Responsible Patient: The Senior's Obligation To Conserve Medical Resources, Jeffrey B. Hammond
The Responsible Patient: The Senior's Obligation To Conserve Medical Resources, Jeffrey B. Hammond
Marquette Elder's Advisor
No abstract provided.
Overutilization And Underutilization Of Preventive Services In Elderly Populations, A Conundrum , Freeman L. Farrow Md, Jd
Overutilization And Underutilization Of Preventive Services In Elderly Populations, A Conundrum , Freeman L. Farrow Md, Jd
Marquette Elder's Advisor
No abstract provided.
Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum
Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum
Marquette Elder's Advisor
No abstract provided.
The Economics Of Prevention And Medicare: The Challenge, Potential Solutions And Current Results, Adam Atherly Ph.D., Zhou Yang
The Economics Of Prevention And Medicare: The Challenge, Potential Solutions And Current Results, Adam Atherly Ph.D., Zhou Yang
Marquette Elder's Advisor
No abstract provided.
Chronic Care And Prevention: Evolution In Practice And Finance, John V. Jacobi
Chronic Care And Prevention: Evolution In Practice And Finance, John V. Jacobi
Marquette Elder's Advisor
No abstract provided.
Prevention Paradigms, Over-Diagnosis And Treatment, And Mad Men, Alison Barnes
Prevention Paradigms, Over-Diagnosis And Treatment, And Mad Men, Alison Barnes
Marquette Elder's Advisor
No abstract provided.
Negligence Liability's Role In Changing Pharmacotherapy Responsibilities, Andrew F. Spillane
Negligence Liability's Role In Changing Pharmacotherapy Responsibilities, Andrew F. Spillane
Marquette Elder's Advisor
No abstract provided.
Putting Equity Back In Reverse Mortgages: How State Legislatures Can Bring Fairness To Home Equity Conversion Mortgages, Andrew S. Helman
Putting Equity Back In Reverse Mortgages: How State Legislatures Can Bring Fairness To Home Equity Conversion Mortgages, Andrew S. Helman
Marquette Elder's Advisor
No abstract provided.
The Medico-Legal Aspects Of Dementia-Driven Sexual Abuse In Nursing Homes, Lisa Tripp
The Medico-Legal Aspects Of Dementia-Driven Sexual Abuse In Nursing Homes, Lisa Tripp
Marquette Elder's Advisor
No abstract provided.
Funding Stem Cell Research: The Covergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone
Funding Stem Cell Research: The Covergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone
Marquette Elder's Advisor
No abstract provided.
Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara, Federico Gustavo Pizzetti, Watcharin H. Photangtham
Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara, Federico Gustavo Pizzetti, Watcharin H. Photangtham
Marquette Elder's Advisor
No abstract provided.