Marquette University Law School
Barry University School of Law
University of Massachusetts Boston
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Impact Of Cultural Heritage On Japanese Towns And Villages,
2020
University of Tsukuba
The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.
Seattle Journal of Technology, Environmental & Innovation Law
In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..
However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.
First, this paper seeks to discuss the doctrine of standing ...
The Role Of The Opioid Crisis In Elder Abuse,
2020
University of Southern Maine, Cutler Institute
The Role Of The Opioid Crisis In Elder Abuse, Kimberly I. Snow Mhsa, Jennifer Pratt, Stuart Bratesman Mpp
Disability & Aging
As the opioid crisis has deepened over the past twenty years, its effect on individuals and families, including older adults, has grown. To find out how the opioid crisis might be impacting elder abuse, neglect, and exploitation in Maine, we conducted a mixed methods analysis of 2015-2018 Maine Adult Protective Services (APS) investigations to determine: 1) Did opioid-related investigations increase over time? 2) Do investigations involving opioid misuse or abuse differ from investigations that don’t involve opioids? 3) What themes or features of cases involving opioid misuse or abuse by clients and/or perpetrators emerge from the data?
Key ...
Enough Is As Good As A Feast,
2020
Seattle University School of Law
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ...
Picking The Lock: A Proposal For A Standard Fee Waiver In Texas For Identification Documents,
2020
St. Mary's University School of Law
Picking The Lock: A Proposal For A Standard Fee Waiver In Texas For Identification Documents, Gregory Zlotnick
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Blockchain Wills,
2020
Pace University School of Law
Blockchain Wills, Bridget J. Crawford
Indiana Law Journal
Blockchain technology has the potential to radically alter the way that people have
executed wills for centuries. This Article makes two principal claims—one
descriptive and the other normative. Descriptively, this Article suggests that
traditional wills formalities have been relaxed to the point that they no longer serve
the cautionary, protective, evidentiary, and channeling functions that scholars have
used to justify strict compliance with wills formalities. Widespread use of digital
technology in everyday communications has led to several notable cases in which
individuals have attempted to execute wills electronically. These wills have had a
mixed reception. Four states currently recognize ...
Emergency Parole Release For Older Parole-Eligible Doc Inmates,
2020
Washington and Lee University School of Law
Emergency Parole Release For Older Parole-Eligible Doc Inmates, David I. Bruck
Scholarly Articles
Professor Bruck writes to Secretary Moran and Chairwoman Bennett to urge them to protect elderly Virginia prison inmates from the risk of death from COVID-19 by granting immediate parole release to as many over-60 parole-eligible prisoners as possible, upon a showing that they are at low risk to re-offend, and have a supportive home to go to once released.
Telehealth For An Aging Population: How Can Law Influence Adoption Among Providers, Payors, And Patients?,
2020
Boston University School of Law
Telehealth For An Aging Population: How Can Law Influence Adoption Among Providers, Payors, And Patients?, Tara Sklar, Christopher Robertson
Faculty Scholarship
Telehealth continues to experience substantial investment, innovation, and unprecedented growth. However, telehealth has been slow to transform healthcare. Recent developments in telehealth technologies suggest great potential for chronic care management, mental health services, and care delivery in the home—all of which should be particularly impactful for an aging population with physical and cognitive limitations. While this alignment of technological capacity and market demand is promising, legal barriers remain for telehealth operators to scale up across large geographic areas. To better understand how federal and state law can be reformed to enable greater telehealth utilization, we review and extract lessons ...
Aging Out Arbitration For Wrongful Death Suits In Nursing Homes,
2020
Pepperdine University
Aging Out Arbitration For Wrongful Death Suits In Nursing Homes, Courtney Dyer
Pepperdine Dispute Resolution Law Journal
The first section of this article will discuss the significance of removing arbitration agreements from wrongful death claims and implementing mediation instead. The second section will detail the background of arbitration clauses in nursing homes. The third section will review state acts that have opposed the use of arbitration agreements for wrongful death claims in nursing homes. The fourth section will analyze cases that have challenged arbitration agreements in nursing homes for wrongful death claims. The fifth section will propose compulsory mediation and multi-tiered dispute resolution clauses as substitutes for arbitration clauses. Finally, the sixth section will consider potential objections ...
The Crime Of Grooming,
2020
Barry University School of Law
The Crime Of Grooming, Dr. Limor Ezioni
Child and Family Law Journal
No abstract provided.
Conditional Parentage Is The New Eugenics,
2020
Barry University School of Law
Conditional Parentage Is The New Eugenics, Dr. Yael Efron, Dr. Pnina Lifshitz-Aviram
Child and Family Law Journal
No abstract provided.
The Putative Spouse And Marriage By Estoppel Doctrines: An "End Run Around Marriage" Or Just A Marriage?,
2020
Barry University School of Law
The Putative Spouse And Marriage By Estoppel Doctrines: An "End Run Around Marriage" Or Just A Marriage?, Dana E. Prescott, Esq., Ph.D
Child and Family Law Journal
No abstract provided.
The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws,
2020
Barry University School of Law
The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws, Neyza Guzman, J.D.
Child and Family Law Journal
No abstract provided.
The Baker Act: Time For Florida To Get Its Act Together,
2020
Barry University School of Law
The Baker Act: Time For Florida To Get Its Act Together, Alexander Lemieux
Child and Family Law Journal
No abstract provided.
The Loophole In The Florida Notice Requirement For Foster Caregivers,
2020
Barry University School of Law
The Loophole In The Florida Notice Requirement For Foster Caregivers, Eve Lumsden
Child and Family Law Journal
No abstract provided.
Me Too? The Invisible Older Victims Of Sexual Violence,
2020
Columbia Law School
Me Too? The Invisible Older Victims Of Sexual Violence, Ruthy Lowenstein Lazar
Michigan Journal of Gender & Law
A review of legal research on violence against women and elder abuse reveals a disturbing picture. There is hardly any American legal research examining sexual abuse of older women and its conceptualization in legal literature and treatment in the legal system.
This Article attempts to fill the abovementioned gap and to bring the hidden issue of sexual violence against older women to light. Scholars writing on rape, violence against women, and elder abuse tend to analyze age and gendered sexual violence separately from each other, without accounting for their interplay. This Article proposes a conceptual framework of sexual abuse of ...
For A Sustainable Inclusive 21st Century: What We Must Learn From Japanese Eugenic Protection Act,
2020
Osaka Kawasaki Rehabilitation University
For A Sustainable Inclusive 21st Century: What We Must Learn From Japanese Eugenic Protection Act, Toru Furui, Masayo Furui
Pacific Rim International Conference on Disability & Diversity Proceedings
The COVID-19 pandemic clearly tells us that eugenics had not died with Nazi ideologies. Current COVID-19 discussions emphasize on ‘triage’ and ‘social distance,’ all of which impacts and continues to threaten the lives of people with disabilities, higher-risked, and aging populations. The current pandemic is a warning that we all must understand and mitigate our internalized eugenic ideology so that our 21st century will be sustainable and inclusive for all. Otherwise, we all will be at risk of being killed because we’ve reached society’s social-limited-age. In order to gain a better understanding society must become aware of historical ...
Assessing Mental Capacity: Buv V Buu [2019] Sghcf 15,
2020
Singapore Management University
Assessing Mental Capacity: Buv V Buu [2019] Sghcf 15, Gary Kok Yew Chan
Research Collection School Of Law
The assessment of the mental capacity of an elderly person (“P”) is central to the framework under the Mental Capacity Act (Cap 177A, 2010 Rev Ed). This case note discusses the clinical diagnosis and functional aspects of mental capacity and evidence needed to assess P’s mental capacity; the importance of examining the functional abilities for particular decisions to be made and how they are applied to P’s decision to execute legal documents; the extent to which assistance may be provided to P to make decisions; and the impact of undue influence on mental capacity
Silver And Old: How Emtala's Outdated Appropriate Medical Screening Standard Impacts The Aging Population,
2020
Seattle University School of Law
Silver And Old: How Emtala's Outdated Appropriate Medical Screening Standard Impacts The Aging Population, Madisyn Uekawa
Seattle University Law Review
With the U.S. elder population on the brink of booming, attention to the ramifications of legal standards that affect them is a must. In 2018, the Sixth Circuit split from its sister circuits and solidified an interpretation of the Emergency Medical Treatment and Labor Act’s (EMTALA) “appropriate medical screening” standard that will adversely affect aging individuals. Since older adults are the most likely demographic to use emergency care services, laws that impact emergency care will inevitably trickle down to this group of people. To protect already vulnerable older adults, EMTALA should be modified in such a way that ...
