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Full-Text Articles in Law
Bridging The Law School Learning Gap Through Universal Design, Jennifer Jolly-Ryan
Bridging The Law School Learning Gap Through Universal Design, Jennifer Jolly-Ryan
Touro Law Review
No abstract provided.
Guardianship Mediation, Janice Grant
Guardianship Mediation, Janice Grant
Marquette Elder's Advisor
Court guardianship proceedings are designed to determine the need for a guardian. Mediation may be used to rather substitute voluntary services by allowing interested parties to offer suggestions for appropriate care. Grant discusses which cases may be appropriate or inappropriate for mediation and outlines a suggested mediation process. The advantages of maintaining greater autonomy and independence for the elderly are elaborated.
Special Needs Trusts To Safeguard Disability Benefits In Personal Injury And Divorce Settlements And Estate Planning, Lawrence A. Friedman
Special Needs Trusts To Safeguard Disability Benefits In Personal Injury And Divorce Settlements And Estate Planning, Lawrence A. Friedman
Marquette Elder's Advisor
To avoid disqualifying a disabled person from government aid, amounts should not be paid outright to the person or to a trusts for his support. Instead, the author suggests it is best to use a Special Needs Trust.
A Guardianship Jury Trial Case Study, Steven C. Perlis
A Guardianship Jury Trial Case Study, Steven C. Perlis
Marquette Elder's Advisor
An attorney relates his recent experience with guardianship jury trials. Perils shares his insight gained and explains why the jury system can serve as an effective tool for advocating on behalf of elderly
A Quick Survey Of The Americans With Disabilities Act
A Quick Survey Of The Americans With Disabilities Act
Marquette Elder's Advisor
The Americans with Disabilities Act provides a wide range or protections from discrimination for elders who have physical and mental disabilities. The following article, the first of a series, provides an overview of the structure and principles of the ADA, concentrating on the protections provided for senior citizens seeking to remain on the job.
Consumer Preferences For A Consumer Directed Cash Option Versus Traditional Services, Sharon M. Desmond, Kevin J. Mahoney, Lori Simon-Rusinowitz, Dawn M. Shoop
Consumer Preferences For A Consumer Directed Cash Option Versus Traditional Services, Sharon M. Desmond, Kevin J. Mahoney, Lori Simon-Rusinowitz, Dawn M. Shoop
Marquette Elder's Advisor
This article examines the findings of a telephone survey inquiring into the preferences of Florida elders and adults with physical disabilities with regard to various options for receiving assistance and service.
Disabled Adult Children, Thomas E. Bush
Disabled Adult Children, Thomas E. Bush
Marquette Elder's Advisor
This article discusses under what circumstances a disabled adult child can collect Social Security benefits, the applicable Social Security regulations, the complex rules for re-entitlement, and the relationship between Medicare and Medicaid benefits. Bush gives advice on how an attorney can navigate this system. A lengthy chart summarizes standards and requirements, and gives citations for a variety of relationships.
Reconciling Definitions Of "Disability:" Six Years Later, Has Cleveland V. Policy Management Systems Lived Up To Its Initial Reviews As A Boost For Workers' Rights?, Daniel Korhman, Kimberly Berg
Reconciling Definitions Of "Disability:" Six Years Later, Has Cleveland V. Policy Management Systems Lived Up To Its Initial Reviews As A Boost For Workers' Rights?, Daniel Korhman, Kimberly Berg
Marquette Elder's Advisor
This extensive article identifies many of the difficulties in bringing an action under the Americans with Disabilities Act (ADA) while receiving SSDI benefits. The conflicts of claiming disabilities while also claiming the ability to work with accommodations are explored. The decision in Cleveland v. Policy Management Systems was supposed to set guidelines for evaluation these situations, but interpretation of these guidelines still varies
Veteran's "Pension": Non-Service Connected Veteran's Benefits For The Elderly And Disabled, Alice Reiter Feld
Veteran's "Pension": Non-Service Connected Veteran's Benefits For The Elderly And Disabled, Alice Reiter Feld
Marquette Elder's Advisor
Veteran's benefits can be service connected or non-service connected. A non-service connected benefit available to certain war-time veterans or their dependents is an improved pension for those disabled and in financial need. This article delves into service requirements, disability requirements, net worth requirements, and income requirements, and gives several examples to determine if funding would be available for non-covered expenses, such as long-term care.
Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred
Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred
Marquette Elder's Advisor
This article discusses the reasons for and the problems encountered in setting up the Illinois Guardianship Reform Project. Investigative newspaper articles detailing widespread abuses aroused public demand for reforms. Fred postulates that a change in attitudes and behaviors in regard to the disabled and aging is necessary to balance the widely differing points of view of the various care-givers and court systems in order to both protect the rights of self-determination and provide necessary care
Ensure Your Pet's Future: Estate Planning For Owners And Their Animal Companions , Rachel Hirschfeld
Ensure Your Pet's Future: Estate Planning For Owners And Their Animal Companions , Rachel Hirschfeld
Marquette Elder's Advisor
Pets are a central and vital part of their owners' lives, and it is statistically well-documented that seniors and people with health issues derive substantial benefits from their pets. However, pet owners often do not consider what will happen to their pets if they die or become disabled. Many older people do not have pets because they are concerned about who will care for their pets if they become disabled or die and their pet survives them. Often, older people would like to have a pet companion and would benefit from acquiring one or keeping the one they already have. …
Reality Check: The Dra's Impact On Seniors With Disabilities And Their Caregivers , Kim Dayton
Reality Check: The Dra's Impact On Seniors With Disabilities And Their Caregivers , Kim Dayton
Marquette Elder's Advisor
This article discusses the hardships on seniors with disabilities who are unable to qualify for Medicaid under the Deficit Reduction Act of 2005. The author argues for the repeal of the DRA and calls for policymakers and politicians to work towards a long-term care financing scheme that fairly distributes the costs of long term care across the broader population. The author begins by laying out the arguments that the nation cannot afford the cost of long-term care for the elderly and disabled, their entitlement to such care should be minimized, and individuals should plan for their own healthcare. The author …
At The Crossroads Of Age And Disability: Can Practitioners Rely On The Amended Ada And The Adea To Provide Adequate Recourse For The Older Disabled Individual?, Christopher E. Pashler, Brian C. Lambert
At The Crossroads Of Age And Disability: Can Practitioners Rely On The Amended Ada And The Adea To Provide Adequate Recourse For The Older Disabled Individual?, Christopher E. Pashler, Brian C. Lambert
Marquette Elder's Advisor
This article explores the interconnectedness of age and disability in relation to the Americans with Disabilities Act of 1990 (ADA) and the Age Discrimination in Employment Act (ADEA). The purpose of the article is to explore the impact of recent ADEA litigation and the ADAAA on practitioners who are considering pleading either an ADEA claim or an ADA claim relating to age and disability.
Bringing Age Discrimination And Disability Discrimination Together: Too Few Intersections, Too Many Interstices, Leslie Pickering Francis, Anita Silvers
Bringing Age Discrimination And Disability Discrimination Together: Too Few Intersections, Too Many Interstices, Leslie Pickering Francis, Anita Silvers
Marquette Elder's Advisor
Old age and disability would seem to have adverse features in common. Membership in either group suggests depleted capability, decreased social contribution, significant fragility, and heightened susceptibility to maltreatment by other people. Yet some have argued that no wrong occurs when advanced age is made disadvantageous, for the elderly have had a fair chance at the goods of life. By contract, this argument goes, there is never a fair chance for people with disabilities. This article challenges the view that takes discrimination based on disability and discrimination based on age as so discrepant that they do not deserve similar efforts …
The Elderly With A Disability: Social Security And Representative Payment, Michael J. Churgin
The Elderly With A Disability: Social Security And Representative Payment, Michael J. Churgin
Marquette Elder's Advisor
This article looks at the elderly with disability and how the intersection of social security.
Disability And Aging: Historical And Contemporary Challenges, William N. Myhill, Peter Blanck
Disability And Aging: Historical And Contemporary Challenges, William N. Myhill, Peter Blanck
Marquette Elder's Advisor
This article discusses the challenges that elderly with disabilities face in the work place. The article explores the theme historically and today as they impact qualify of life for persons with and aging into disability.
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson
Pepperdine Law Review
No abstract provided.
Bullying Victimization As A Disability In Public Elementary And Secondary Education, Douglas E. Abrams
Bullying Victimization As A Disability In Public Elementary And Secondary Education, Douglas E. Abrams
Missouri Law Review
As Jamey entered Williamsville North, his life was torn between outward signs of emotional strength and inner impulses toward personal despair. In May of 2011, he used his webcam to produce and post online his video for the "It Gets Better Project," which seeks to fortify students who are bullied because of perceptions about their sexual orientation. The project's perspective is that the sting of childhood and adolescent bullying fades with the passage of time. "All you have to do is hold your head up and you'll go far," Jamey spoke directly into the camera, "Just love yourself and you're …
I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson
I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson
Pepperdine Law Review
No abstract provided.
Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss
Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss
Pepperdine Law Review
This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.
Gray Matters: Autism, Impairment, And The End Of Binaries, Kevin Barry
Gray Matters: Autism, Impairment, And The End Of Binaries, Kevin Barry
San Diego Law Review
First diagnosed by psychiatrist Leo Kanner in 1943, autism has exploded into the public consciousness in recent years. From science to science fiction, academia to popular culture, autism has captured the world's attention and imagination. Autism has also ignited a fierce debate among stakeholders who seek to define its essence. Many parents of autistic children regard autism as a scourge and press for a cure. The "neurodiversity movement," comprised mostly of autistic adults, regards autism as a different way of being worthy of respect and even celebration. The autism war is well underway, and given autism's swelling ranks and proposed …
A Commentary: Presidents Adams And Jefferson, With A Few Others, Discuss Health Reform With A Disabled Lawyer, Gary C. Norman
A Commentary: Presidents Adams And Jefferson, With A Few Others, Discuss Health Reform With A Disabled Lawyer, Gary C. Norman
Journal of Law and Health
Washington lawyers constitute strategic actors within executive, legislative, and judicial forums. This Article discusses the interaction of Washington lawyers in these branches of government regarding healthcare law and policy. The Article discusses how access to technology inhibits a disabled lawyer from equal involvement in the governmental process. The Article also thematically presents the position Presidents Adam and Jefferson would likely harbor on healthcare reform. Public discourse must be more intellectual like that of the founding generation, and it should be improved in its civility.
The Problem Of Protection: Rethinking Rhetoric Of Normalizing Surgeries, Amy Falvey
The Problem Of Protection: Rethinking Rhetoric Of Normalizing Surgeries, Amy Falvey
Journal of Feminist Scholarship
This essay focuses on the rhetoric of protection that emerges around infants who face the prospect of normalizing surgeries. Frequently, decisions to proceed with normalizing surgeries are made by doctors and parents with "protection" of the infant as a motivating force. "Protection," in such contexts, typically refers to protection of the infant from the inhospitable world that lies in wait for an individual whose body does not conform to social, morphological, and biological norms. While this concern may be valid and important, this essay argues that there are alternative narratives or notions of protection that must also be acknowledged and …