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The Troubled State Of America's Nursing Homes, Albert Moran 2014 SelectedWorks

The Troubled State Of America's Nursing Homes, Albert Moran

Albert Moran

Even the most cursory search of news coverage involving nursing homes reveals that horror stories are not difficult to come by. Although the grisly details of each individual horror story vary, most of them share the same general story line—through some combination of gross negligence and profound systemic failure, elderly citizens can experience disturbing conditions in nursing homes that result in suffering and sometimes death. While egregious stories make local news headlines every so often and prompt a brief firestorm of public criticism, the everyday reality of nursing homes is much less sensationalized, and arguably even more sobering. Statistics ...


Litigating For The Future Of Public Pensions, Paul M. Secunda 2014 SelectedWorks

Litigating For The Future Of Public Pensions, Paul M. Secunda

Paul M. Secunda

Public pensions are horribly unfunded, millions of public employees are being forced to make greater contributions to their pensions, retirees are being forced to take benefit cuts, retirement ages and service requirements are being increased, and the list goes on and on. These alarming developments involve all level of American government, from the recent move to require new federal employees to contribute more to their pensions, to the significant underfunding of state and local public pension funds across the country, to the sad spectacle of the Detroit municipal bankruptcy where the plight of public pensions plays a leading role in ...


Multiple Myopias, Multiple Selves, And The Under-Saving Problem, Daniel Shaviro 2014 NELLCO

Multiple Myopias, Multiple Selves, And The Under-Saving Problem, Daniel Shaviro

New York University Law and Economics Working Papers

In both public policy debate and the academic literature, there is widespread, though not universal, agreement that millions of Americans are saving too little for their own retirements. If this is true, we could potentially increase such individuals’ welfare through the adoption of policies that resulted in their saving more. A key dilemma, however, is that, unless one understands why people are under-saving, it is hard to evaluate the likely responses to or merits of a given policy.

Possible explanations for systematic under-saving include at least the following: (1) naïve myopia, (2) sophisticated or self-aware myopia, (3) procrastination, or putting ...


Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer 2014 SelectedWorks

Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer

Nancy J. Knauer

When the 2013 landmark decision in U.S. v. Windsor invalidated part of the Defense of Marriage Act (DOMA), it was hailed as a landmark civil rights victory, but its implementation has been far from seamless. The federal government has not applied a uniform rule for marriage recognition, applying a state-of-domicile rule for some purposes (Social Security) and a broader state-of-celebration rule for others (e.g., federal tax matters). Moreover, Windsor did not directly address the state-level marriage prohibitions that remain in place in the majority of states. As a result, the United States continues to be a patchwork of ...


In Re Allers: A Display Of Progress, Not Perfection, In The Guardianship System, Melanie Rosen 2014 Touro College Jacob D. Fuchsberg Law Center

In Re Allers: A Display Of Progress, Not Perfection, In The Guardianship System, Melanie Rosen

Touro Law Review

No abstract provided.


Financial Security Scorecard: A State-By-State Analysis Of Economic Pressures Facing Future Retirees, Christian Weller, Nari Rhee, Carolyn Arcand 2014 University of Massachusetts Boston

Financial Security Scorecard: A State-By-State Analysis Of Economic Pressures Facing Future Retirees, Christian Weller, Nari Rhee, Carolyn Arcand

Public Policy and Public Affairs Faculty Publication Series

As Americans increasingly worry about their retirement prospects, states play an important and growing role in retirement security policy. States already manage long-term care programs for the elderly through Medicaid. Concerned about the impact of future elder poverty on state and local budgets and their local economies, a number of states are exploring the creation of low-cost and low-risk retirement savings plans for private sector workers who lack access to pensions or 401(k)s on the job. Some states have developed programs to help older workers find work.

This report presents the Financial Security Scorecard, designed to inform state-level ...


Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014), Debra Pogrund Stark, Jessica M. Choplin, Joseph Mikels, Amber Schonbrun McDonnell 2014 The John Marshall Law School

Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014), Debra Pogrund Stark, Jessica M. Choplin, Joseph Mikels, Amber Schonbrun Mcdonnell

Faculty Scholarship

No abstract provided.


Unfulfilled Promise: Mental Disability Voting Rights And The Halving Of Hava’S Potential, Benjamin O. Hoerner 2014 University of Pennsylvania - Biostatistics

Unfulfilled Promise: Mental Disability Voting Rights And The Halving Of Hava’S Potential, Benjamin O. Hoerner

Benjamin O Hoerner

In 2012, the heated presidential election between President Barack Obama and Mitt Romney reanimated the debate surrounding the voting rights of mentally disabled citizens in the United States. A decade earlier, in October 2002, President George W. Bush signed into law the Help America Vote Act of 2002 (HAVA), aiming to protect the voting rights of the country’s disabled population. At the time of its enactment, legislators and commentators lauded HAVA as “the most important voting rights bill since the passing of the Voting Rights Act in 1965.” However, since its passage, HAVA has been subjected to a flurry ...


Tontine Pensions: A Solution To The State And Local Pension Underfunding Crisis, Jonathan B. Forman, Michael J. Sabin 2014 University of Oklahoma College of Law

Tontine Pensions: A Solution To The State And Local Pension Underfunding Crisis, Jonathan B. Forman, Michael J. Sabin

Jonathan B. Forman

Tontines are investment vehicles that can be used to provide retirement income. Basically, a tontine is a financial product that combines features of an annuity and a lottery. In a simple tontine, a group of investors pool their money together to buy a portfolio of investments, and, as investors die, their shares are forfeited, with the entire fund going to the last surviving investor. Over the years, this last-survivor-takes-all approach has made for some great fiction. For example, on the television show “Mash,” Colonel Sherman T. Potter, as the last survivor of his World War I unit, got to open ...


We'll Always Have Shady Pines: Surrogate Decision-Making Tools For Preserving Sexual Autonomy In Elderly Nursing Home Residents, Elizabeth Hill 2014 College of William & Mary Law School

We'll Always Have Shady Pines: Surrogate Decision-Making Tools For Preserving Sexual Autonomy In Elderly Nursing Home Residents, Elizabeth Hill

William & Mary Journal of Women and the Law

No abstract provided.


Conceptualizing Capacity: Interpreting Canada’S Qualified Ratification Of Article 12 Of The Un Disability Rights Convention, Nicholas Caivano 2014 Western University

Conceptualizing Capacity: Interpreting Canada’S Qualified Ratification Of Article 12 Of The Un Disability Rights Convention, Nicholas Caivano

Western Journal of Legal Studies

During the negotiations leading up to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), States Parties vigorously debated the scope of Article 12, which establishes legal capacity for persons with disabilities “on an equal basis with others in all aspects of life.” The ambiguity of Article 12 has led to many interpretations that have been the subject of debate among human rights activists and academics. Developments in the jurisprudence and legislative reforms across several jurisdictions indicate that governments and courts have begun to grapple with what recognizing the right to legal capacity for persons with disabilities ...


La Pensión Familiar En Colombia: ¿Una Solución Al Déficit Pensional Colombiano?, Fernando Castillo Cadena, Ana María Muñoz Segura 2014 Latin American and Caribbean Law and Economics Association

La Pensión Familiar En Colombia: ¿Una Solución Al Déficit Pensional Colombiano?, Fernando Castillo Cadena, Ana María Muñoz Segura

Fernando Castillo Cadena

Colombia enacted the “family old-age pension” through Law 1580/12. This pension is not one of exceptional type, which is granted to certain beneficiaries: it is one that tries to expand the coverage of the pension system in a novel way. Thus, the right to a pension no longer will be a product of regular contributions or savings made on an individual basis, but one that will correspond to the sum of efforts made by the couple that makes up a family group. So, in the event that an affiliate not eligible to obtain an old-age pension on an individual ...


Tillbaka Till Familjen: Privat Och Offentligt Ansvar I Den Svenska Äldreomsorgen, Mirjam Katzin 2014 Lund University, Faculty of Law

Tillbaka Till Familjen: Privat Och Offentligt Ansvar I Den Svenska Äldreomsorgen, Mirjam Katzin

Mirjam Katzin

I Sverige har kommunen ansvar för äldreomsorgen. Den omsorg som utförs av anhöriga är dock en betydande och, till följd av nedskärningar, växande del av äldreomsorgen I Sverige. Denna artikel undersöker på vilket sätt en (re-)privatisering av ansvaret för att tillgodose äldre människors behov har skett, genom att studera och analysera den diskurs som omgärdar frågan om anhörigomsorg för äldre. En ökning av det ansvar som anhöriga tar för omsorgen om äldre innebär framför allt ett ökat åtagande för kvinnor, därför är också rättviseaspekter på omfördelningen relevanta. I artikeln dras slutsatsen att omsorgsansvaret i praktiken tycks ha flyttats tillbaka ...


Consistency Is Key: To Preserve Legislative Intent The Irs Must Afford Legal Recognition To Non-Marital Relationships In A Post-Doma World, Shane R. Martins 2014 Marquette University Law School

Consistency Is Key: To Preserve Legislative Intent The Irs Must Afford Legal Recognition To Non-Marital Relationships In A Post-Doma World, Shane R. Martins

Marquette Elder's Advisor

Although the Supreme Court’s recent ruling in Windsor v. US allows for federal recognition of same-sex marriages, the Internal Revenue Service will only grant spousal recognition to couples residing in states that term same-sex unions as marriages. Consequently, spousal treatment will not be extended to non-marital relationships, even in states that treat their Civil Unions and Domestic Partnerships as “marital equivalents.” Given that spousal recognition for federal tax purposes was intended to ensure geographic uniformity and horizontal equity, the IRS must grant spousal recognition to couples who are in relationships that their respective state identifies as a “marital equivalent”.


Taxation Without Limitation: The Prohibited Pretext Doctrine V. The Sebelius Theory, Brett W. Hastings 2014 Marquette University Law School

Taxation Without Limitation: The Prohibited Pretext Doctrine V. The Sebelius Theory, Brett W. Hastings

Marquette Elder's Advisor

The Article posits that the Supreme Court erred in its ruling regarding the Affordable Care Act by overlooking a well-established constitutional principle, dubbed the Prohibited Pretext Doctrine. This doctrine, which prohibits the exercise of a prohibited power through the pretextual use of a power granted, faded from memory due to the post- Lochner era expansion of the Commerce Clause. Nevertheless, the doctrine remains valid law. In overlooking the Prohibited Pretext Doctrine, the Supreme Court established a new and contradictory doctrine, labeled the “Sebelius Theory.” The Sebelius Theory turns the Prohibited Pretext Doctrine on its head by explicitly allowing the government ...


Survivorship Rights In Joint Bank Accounts: A Misbegotten Presumption Of Intent, Gregory Eddington 2014 Marquette University Law School

Survivorship Rights In Joint Bank Accounts: A Misbegotten Presumption Of Intent, Gregory Eddington

Marquette Elder's Advisor

The Article addresses the frequently litigated issue of the ownership of joint bank accounts that elderly people may have opened to protect against incapacity or to avoid FDIC insurance limits on single accounts. Despite the strong possibility of these non-donative motives, most states—by statute or court decision—award the accounts to the surviving co-tenants instead of the depositors’ heirs or will beneficiaries. This occurs even when the account contract did not contain language of survivorship and even when there is no evidence that the depositor was offered a contract that would have allowed him or her to choose an ...


Patient Safety At Odds With Patient Privacy? The Case Of National And Regional Quality Registries For Incapacitated Elderly In Sweden, Titti Mattsson 2014 Lund University, Faculty of Law

Patient Safety At Odds With Patient Privacy? The Case Of National And Regional Quality Registries For Incapacitated Elderly In Sweden, Titti Mattsson

Titti Mattsson

No abstract provided.


Equidad Pensional Y Salario Base. La Interpretación Judicial Como Base De Inequidad, Fernando Castillo Cadena 2013 Latin American and Caribbean Law and Economics Association

Equidad Pensional Y Salario Base. La Interpretación Judicial Como Base De Inequidad, Fernando Castillo Cadena

Fernando Castillo Cadena

This paper addresses the current problem of interpretation of what should be understood as basic salary for the settlement of the pension bond type A mode 2, for members who move to individual savings scheme, showing how interpretations of the Constitutional Court and the Labor Appeal Chamber of the Supreme Court do not conform to the financial and economic content the law provides, and therefore, create problems of pension equity.


Nursing Home Advocates Challenge Treatment Law - Prof. Mort Cohen, Bob Egelko 2013 Golden Gate University School of Law

Nursing Home Advocates Challenge Treatment Law - Prof. Mort Cohen, Bob Egelko

Articles About Faculty

Advocates for nursing home patients are challenging a California law that allows doctors to decide when a patient is mentally incompetent to refuse treatment.

A lawyer for California Advocates for Nursing Home Reform, which filed the suit Tuesday in Alameda County Superior Court, said doctors have used the 1992 law to administer mind-altering drugs, put patients in physical restraints and, in one case, remove a feeding tube.


Letter Regarding Pbgc Request For Information On Missing Participants In Individual Account Plans, Federal Register, Vol. 78, No. 120, June 21, 2013, Ellen A. Bruce, Brian Reilly 2013 University of Massachusetts Boston

Letter Regarding Pbgc Request For Information On Missing Participants In Individual Account Plans, Federal Register, Vol. 78, No. 120, June 21, 2013, Ellen A. Bruce, Brian Reilly

Pension Action Center Publications

On August 19, 2013, the Pension Action Center wrote to the Office of the General Counsel of the Pension Benefit Guaranty Corporation in response to their request for comments on the implementation of a new program to deal with benefits of missing participants in terminating individual account plans.


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