Elder Law Commons

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Recent Articles in Elder Law

Testimony Before The Erisa Advisory Council, Ellen A. Bruce University of Massachusetts Boston

Testimony Before The Erisa Advisory Council, Ellen A. Bruce

Pension Action Center Publications

I am the director of the Pension Action Center of the Gerontology Institute at the University of Massachusetts Boston. In that capacity, I run the New England Pension Assistance Project (NEPAP), a U.S. Administration on Aging (AoA)-funded pension counseling project, and the Illinois Pension Assistance Project (IPAP) funded by the Retirement Research Foundation. Both of these projects represent low- and moderate-income plan participants who are having difficulty claiming their employer-sponsored retirement income. The AoA funds six pension counseling projects covering 29 states; all of which represent clients in much the same way we do at the Pension Action ...


Special Populations: Mobilization For Change Touro College Jacob D. Fuchsberg Law Center

Special Populations: Mobilization For Change

Touro Law Review

This Article is based on a transcript of a break-out discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March 2008. The discussion was moderated by Karen L. Nicolson, Michael Williams, and Toby Golick.

This Article assesses the needs of various special populations and the possible strategies and solutions to create change through enacting a civil right to counsel. The Article is intended to capture information and viewpoints of the people who participated in the break-out discussion ...


There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon Pepperdine University

There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Cost Of “Choice” In A Voluntary Pension System, Jonathan B. Forman University of Oklahoma College of Law

The Cost Of “Choice” In A Voluntary Pension System, Jonathan B. Forman

Jonathan B. Forman

Unlike our mandatory universal Social Security system, America’s private pension system is replete with choice: choices about the type of pension plan, choices about the amount and timing of contributions, choices about investments, and choices about the timing and nature of distributions. It takes time to make all these choices, and sometimes employers and workers just throw up their hands and don’t make any choices at all. This “choice overload” or “analysis paralysis” imposes significant costs on employers, workers, and government; and this article recommends a variety of ways to reduce those costs.


The Not-So-Golden Years: The Legal Response To Elder Abuse, David P. Mathews Pepperdine University

The Not-So-Golden Years: The Legal Response To Elder Abuse, David P. Mathews

Pepperdine Law Review

No abstract provided.


Should Social Security And Medicare Be More Market-Based?, Daniel Shaviro NELLCO

Should Social Security And Medicare Be More Market-Based?, Daniel Shaviro

New York University Law and Economics Working Papers

Contemporary political debate about Social Security and Medicare often conflates the issue of the programs’ long-term fiscal sustainability with that of whether their design should be made more market-based, such as by transforming Social Security into a private accounts program and Medicare into a voucher-based program. In fact, the sustainability and design issues are fundamentally separate.

This article assesses the case for making the programs more market-based by using two main conceptual vehicles: (1) the model for understanding the programs’ substantive features and rationales that I offered in my books, Making Sense of Social Security Reform and Who Should Pay ...


The Case For Reforming The Program's Spouse Benefits While "Saving Social Security", Peter W. Martin Cornell Law Library

The Case For Reforming The Program's Spouse Benefits While "Saving Social Security", Peter W. Martin

Cornell Law Faculty Working Papers

The Social Security Act currently provides secondary benefits to the wives or widows of covered workers who retire, become disabled, or die. To qualify, a woman must have been married to the worker for a short period and must be old (sixty-two, dropping to sixty in the case of a widow, fifty in the case of a disabled widow) or caring for children under sixteen. If a wife’s or widow’s primary retired-worker or disability benefits equal or exceed her secondary benefit entitlement, she receives only the primary benefits. However, if her secondary benefit amount is greater she receives ...


Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose Pepperdine University

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.


The Americans With Disabilities Act, Mental Illness,And Medication: A Historical Perspective And Hope For The Future, Jennifer M. Jackson Marquette University Law School

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 Marquette University Law School

Obstacles Faced By The Elderly Veteran, Craig M. Kabatchnick

Marquette Elder's Advisor

No abstract provided.


Overutilization And Underutilization Of Preventive Services In Elderly Populations, A Conundrum , Freeman L. Farrow MD, JD Marquette University Law School

Overutilization And Underutilization Of Preventive Services In Elderly Populations, A Conundrum , Freeman L. Farrow Md, Jd

Marquette Elder's Advisor

No abstract provided.


The Responsible Patient: The Senior's Obligation To Conserve Medical Resources, Jeffrey B. Hammond Marquette University Law School

The Responsible Patient: The Senior's Obligation To Conserve Medical Resources, Jeffrey B. Hammond

Marquette Elder's Advisor

No abstract provided.


Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum Marquette University Law School

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 Marquette University Law School

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 Marquette University Law School

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 Marquette University Law School

Prevention Paradigms, Over-Diagnosis And Treatment, And Mad Men, Alison Barnes

Marquette Elder's Advisor

No abstract provided.


Table Of Contents Marquette University Law School

Table Of Contents

Marquette Elder's Advisor

No abstract provided.


Negligence Liability's Role In Changing Pharmacotherapy Responsibilities, Andrew F. Spillane Marquette University Law School

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 Marquette University Law School

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 Marquette University Law School