Marquette University Law School
John Marshall Law School
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Ongoing Challenges For Pennsylvania Continuing Care And Life Plan Communities,
2019
Dickinson College
Ongoing Challenges For Pennsylvania Continuing Care And Life Plan Communities, Katherine C. Pearson, David M. Sarcone
Faculty and Staff Publications By Year
The senior living industry, through a key trade organization, LeadingAge, (formerly American Association of Homes & Services for the Aging or AAHSA), recently organized a national rebranding effort for “Continuing Care Retirement Communities.” In 2015, promoters announced “Life Plan Communities” (LPCs) as the choice for a better brand identity. Larry Minnix, the long-time CEO for LeadingAge, observed that a label such as continuing care retirement community is no longer an adequate image, explaining that the name “Life Plan Community” better represents a setting that encourages growth and new experiences, rather than an environment where residents are merely the subject of care ...
Hb 803 - Crimes And Offenses,
2018
Georgia State University College of Law
Hb 803 - Crimes And Offenses, Scott P. Robertson, Sharnell S. Simon
Georgia State University Law Review
The Act criminalizes the trafficking of elders, disabled adults, and residents for the purpose of appropriating their resources, such as Social Security and disability benefits. According to the Act, this conduct constitutes a felony and those convicted could serve up to twenty years in prison or receive a fine of up to $100,000, or both. The Act defines relevant terms, exempts physicians and other health care providers who act pursuant to lawful authorization, and repeals all conflicting laws.
Incapacity And The Infancy Illation,
2018
University of Memphis
Incapacity And The Infancy Illation, Ralph C. Brashier
Arkansas Law Review
As the population of elderly Americans swells in coming decades, growing numbers of citizens will experience some degree of cognitive incapacity and require the assistance of surrogate decision-makers. Consequently, the decisions of guardians, conservators, and agents will become increasingly important. Experts have frequently noted that, despite modern reforms, doctrines concerning surrogate decision-making are problematic and often do not result in outcomes that maximize autonomy and promote respect for the unique personhood of the adult with diminished capacity. Unlike other writings that seek to refashion or clarify surrogate decision-making statutes and standards, this Article suggests that a more fundamental problem lies ...
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018),
2018
Roger Williams University
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017),
2018
University of Haifa
Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Eugenio Mantovani, Dr. Benny Spanier, Prof. Israel (Issi) Doron
DePaul Journal for Social Justice
No abstract provided.
Avoiding Prolonged Dementia,
2018
Rutgers Law School - Newark
Avoiding Prolonged Dementia, Norman L. Cantor
Norman Cantor
End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy,
2018
University of Maryland Francis King Carey School of Law
End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright
Maryland Law Review
Autonomy is a central principle in many areas of health law. In the case of end-of-life decision-making law and policy, however, the principle of autonomy requires revision. On the whole, law conceptualizes autonomy at the end of life as an individual making private, personal decisions based solely on their interests and values, and independent of others. But ordinary people understand autonomous decisionmaking at the end of life differently, in a way that acknowledges the importance of their interpersonal relationships. Social science research has documented that strengthening relationships with others, sharing responsibility in the decision-making process with healthcare providers, and taking ...
“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts,
2018
Seattle University School of Law
“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts, Michael L. Perlin
Seattle University Law Review
For forty years, we have known that involuntary civil commitment hearings are—in most jurisdictions—“charades.” When the Supreme Court noted, in Parham v. J.R., that the average length of a civil commitment hearing ranged from 3.8 to 9.2 minutes, the reaction of many who had done these cases was, “What? So long?!” The characterization of such hearings as being a “greased runway” to a state institution has never been disputed. Lawyers representing these individuals were bored or contemptuous; judges simply wanted to get cases moving; opposing counsel looked at their wrist watches to see when the ...
Removing Obstacles To A Peaceful Death,
2018
Nova Southeastern University
Removing Obstacles To A Peaceful Death, Kathy L. Cerminara, Barbara A. Noah
Faculty Scholarship
We all will die, but the American health care system often impedes a peaceful death. Instead of a quiet death at home surrounded by loved ones, many of us suffer through overutilization of sometimes-toxic therapeutic interventions long past the time when those interventions do more good than harm. This article proposes revisions to health professional training and payment policy to eliminate as much as possible physical and existential suffering while progressing through the terminal phase of illness. The solution lies in seamless progression from treatment with integrated palliative care to hospice before death, but provider attitudes and payor practices must ...
Texas Leads In Penalized Nursing Homes,
2018
New York Law School
Texas Leads In Penalized Nursing Homes, Joanne Doroshow
Other Publications
No abstract provided.
End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy,
2018
Penn State Law
End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright
Journal Articles
Autonomy is a central principle in many areas of health law. In the case of end-of-life decision-making law and policy, however, the principle of autonomy requires revision. On the whole, law conceptualizes autonomy at the end of life as an individual making private, personal decisions based solely on their interests and values, and independent of others. But ordinary people understand autonomous decisionmaking at the end of life differently, in a way that acknowledges the importance of their interpersonal relationships. Social science research has documented that strengthening relationships with others, sharing responsibility in the decision-making process with healthcare providers, and taking ...
Dispensing (With) Electronic Wills,
2017
University of South Dakota School of Law
Dispensing (With) Electronic Wills, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Caring For Humanity: Non-Profit Elderly Law,
2017
California State University, Monterey Bay
Caring For Humanity: Non-Profit Elderly Law, Sierra Samp
Capstone Projects and Master's Theses
This Capstone was an internship that focused on care in Humanity at Legal Services for Seniors. There is a journal that includes the observations of care in the law office. I focus on how attorneys care for each clients humanness while they are working on their cases. Attorneys may be doing work that can be quite intimidating, but the care they give is quite extraordinary.
Prevention Of Illness,
2017
Selected Works
Prevention Of Illness, Paul Bernstein
Paul Bernstein, MD, JD, FACC
No abstract provided.
Video Surveillance In Nursing Homes,
2017
University at Buffalo School of Law
Video Surveillance In Nursing Homes, Elizabeth G. Adelman
Elizabeth Adelman
No abstract provided.
Exploitation And Abuse Of The Elderly During The Great Recession: A Maine Practitioner's Perspective,
2017
University of Maine School of Law
Exploitation And Abuse Of The Elderly During The Great Recession: A Maine Practitioner's Perspective, Denis T. Culley, Hannah Sanders University Of Maine School Of Law
Maine Law Review
The practitioner often cringes on first exposure to elder abuse. Beating, cheating, or cynically misusing a parent or other beloved elder not only shocks and disheartens those who stumble upon it, but often leaves the practitioner, like the poet, with “a tighter breathing and Zero at the bone.” Nothing in our culture prepares us to behold the abused elder. The elder herself is often similarly shocked and ashamed. Many times, an abused elder is in denial and may feel that she has somehow allowed the abuse to occur. Or the elder may feel that the abuser—oftentimes a family member ...
Table Of Contents,
2017
Marquette University Law School
Table Of Contents
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Activation Measures In Social Security: Lessons From The Dutch Case ,
2017
Marquette University Law School
Activation Measures In Social Security: Lessons From The Dutch Case
Marquette Benefits and Social Welfare Law Review
Dutch social security has undergone important changes since the 1990s, in that the focus shifted from predominantly compensating the loss of income into giving incentives for claimants and benefits recipients to stay in or get back to work. While still providing a relatively high level of benefit if there is no chance to work (to the full extent), the legislature has been quite creative in adopting conditions that stimulate persons to do their best to be in work. For this purpose, this is interesting for an American audience, since the USA system is far less generous out of fear that ...
An Intersectional Approach To Homelessness: Discrimination And Criminalization ,
2017
Marquette University Law School
An Intersectional Approach To Homelessness: Discrimination And Criminalization
Marquette Benefits and Social Welfare Law Review
The purpose of this essay is to address discrimination against homeless people. First of all, the theory of intersectionality will be explained and then applied as a method of analysis. The complexity of defining homelessness will be tackled, focusing on the difficulties encountered when approaching this concept. I will discuss notions of protected ground and immutability of personal characteristics, then outline an intersectional approach to homelessness. Intersectional discrimination has not yet been applied by many courts and tribunals, but Canada has proven to be a vanguard in this area. For this reason, Canadian case law has been chosen as the ...
