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Full-Text Articles in Law
Friendly Peruasion, Good Salesmanship, Or Undue Influence, Mary Joy Quinn
Friendly Peruasion, Good Salesmanship, Or Undue Influence, Mary Joy Quinn
Marquette Elder's Advisor
Undue influence is the substituion of one person's will for the true desires of another. Unlike common persuasion and sale techniques, fraud, duress, threats, or other deceits are often features of undue influence.
State Court And Administrative Medicaid Litigation-A Case Study, Steven C. Perlis
State Court And Administrative Medicaid Litigation-A Case Study, Steven C. Perlis
Marquette Elder's Advisor
The article examines a case study discussing an elderly couples access to Medicaid. The case was created to determine whether to approve the elderly couples Medicaid request.
Grandparent Visitation Legislation: The Controversy Didn't Begin Or End With Troxel V. Granville, Randall E. Doyle
Grandparent Visitation Legislation: The Controversy Didn't Begin Or End With Troxel V. Granville, Randall E. Doyle
Marquette Elder's Advisor
The Supreme Court case Troxel v. Granville assured the states the definitive say in grandparents' visitation rights. It also endorsed the traditional right of the parent or parents to decide who their children visit. What paths will the state courts take? This article reviews state statues and decisions for the winning arguments that might influence courts in the future.
Have State Judiciaries Become Legislatures When Grandma Comes To Court?: State Court Decisions In The Post-Troxel Era, Paula A. Lorfeld
Have State Judiciaries Become Legislatures When Grandma Comes To Court?: State Court Decisions In The Post-Troxel Era, Paula A. Lorfeld
Marquette Elder's Advisor
Although Troxel v. Granville mandated presumptive consideration of parents' rights in non-parent visitation statutes, states have interpreted Troxel in different ways. Lorfeld cites cases in several states. Some states have ruled non-complying statutes unconstitutional, while other states have ruled such statutes to be constitutional if they are applied with a presumption of unstated parents' rights. Are these courts usurping legislative functions?
Dealing With Hipaa: Powers Of Attorney, Record Releases, Court Orders, And Subpoenas, Thomas J. Murphy
Dealing With Hipaa: Powers Of Attorney, Record Releases, Court Orders, And Subpoenas, Thomas J. Murphy
Marquette Elder's Advisor
Although the Health Insurance Portability and Accounting Act (HIPAA) enhanced the privacy of individual's health records, the Act reduced the accessibility of medical information to caring loved ones. Murphy gives thoughtful advice on counseling clients about health care powers of attorney, record releases, springing powers of attorney, stand alone medical record releases, and the special status of psychotherapy notes.
Aging Offenders In The Criminal Justice System , Ronald H. Aday, Jennifer J. Krabill
Aging Offenders In The Criminal Justice System , Ronald H. Aday, Jennifer J. Krabill
Marquette Elder's Advisor
As America is graying, so is the prison population. This article discusses the variable ways police treat elderly offenders, often depending on the nature of their infractions. Courts also vary in their treatment of elderly offenders. The greatest future challenges may be in the area of providing (and paying for) adequate health care programs for elderly inmates, especially those with mental health problems.
Union-Negotiated Lifetime Retiree Health Benefits: Promise Or Illusion, William T. Payne, Pamina Ewing
Union-Negotiated Lifetime Retiree Health Benefits: Promise Or Illusion, William T. Payne, Pamina Ewing
Marquette Elder's Advisor
This article discusses the legal theories and causes of action that are commonly associated with claims for benefits of retirees. The authors begin by discussing the way contractual benefits are analyzed by the courts, including the determination of a governing document, the Yard-Man Inference, and the use of extrinsic evidence when governing documents are ambiguous. The authors then discuss several potential claims employees may raise in an attempt to secure benefits, such as promissory estoppel, equitable estoppel, and breach of fiduciary duty. The authors conclude by stating that although they have attempted to lay out the claims associated with retiree …