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University of Nevada, Las Vegas -- William S. Boyd School of Law

Scholarly Works

2013

Impaired decision-making capacity

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Full-Text Articles in Law

Conflicts Of Interest In Medicine, Research, And Law: A Comparison, Stacey A. Tovino Jan 2013

Conflicts Of Interest In Medicine, Research, And Law: A Comparison, Stacey A. Tovino

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Several of the remarks and articles presented in this symposium have addressed conflicts of interest arising during the provision of legal counsel to individuals who are elderly, including specific conflicts of interest implicated by estate planning, retirement planning, and long-term care planning. Topics examined thus far include conflicts of interest with respect to the application of rules of confidentiality within state rules of professional conduct to elderly clients with impaired decision-making capacity; conflicts of interest involving representative payees for Social Security benefits; conflicts of interest in distributions when parents enter into marriages that are unprotected by law; and conflicts of …


A "Common" Proposal, Stacey A. Tovino Jan 2013

A "Common" Proposal, Stacey A. Tovino

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The Federal Policy for the Protection of Human Subjects (the “Common Rule”) is codified in separate regulations by seventeen federal departments and agencies, including the Department of Health and Human Services (HHS). HHS’s version of the Common Rule currently contains a basic policy for the protection of all human subjects, codified at Subpart A of the Common Rule, as well as special provisions governing human subjects research involving three sets of vulnerable populations, including pregnant women, fetuses, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). This Article proposes that HHS amend the Common Rule to add a …