Digital Commons Network^™

Multidisciplinary Practices (Mdps) In Elder Law, Bryan Koslow

Student Works

No abstract provided.

Recreational Cannabis In The Workplace: The Importance Of Implementing Clear Standards For Employers To Determine Whether Employees Are Impaired At Work, Jessica Shinski

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The End-Of-Life Option Most People Don’T Know About: Is It Legal?, Pamela Bucy Pierson

Idaho Law Review

This article is about an end-of-life option that many people have not heard of: Voluntary Stopping Eating and Drinking (VSED). With VSED, a person deliberately ceases intake of food and fluid to hasten their death. VSED is a peaceful, pain-free end-of-life option chosen by an increasing number of individuals in their last chapter of life who are suffering from chronic, incurable, progressively debilitating diseases. While there is considerable scholarship on the lawfulness of VSED, there is confusion in the existing literature on whether VSED is suicide, and on the related question whether individuals who provide comfort and care to VSED …

Aging Alone In Malaysia: Social Challenges And Legal Protections, Jal Zabdi Mohd Yusoff, Zulazhar Tahir, Siti Zaharah Jamaluddin

Hasanuddin Law Review

According to The Japan Times, nearly 28,000 elderly individuals in Japan will die alone in the first half of 2024. This alarming trend is not unique to Japan; many countries, including Malaysia, are facing the challenges of an aging population. As Malaysia approaches becoming an aging nation, issues affecting the elderly, particularly those living alone, demand urgent attention. While not all elderly people face the same circumstances, some enjoy stable finances or live with their family, while others live in isolation due to various factors, such as remaining unmarried, widowhood, or estranged familial ties. Some are simply separated by their …

Wellness, Transhumanism, And The Death Of Health Law, Leah Fowler

UMKC Law Review

No abstract provided.

"This Is Not A Scam!": Assessment Of An Awareness Raising Program Tackling Older Adults' Scam Victimization In A Multi-Method Study, Katalin Parti, Pamela Teaster, Susanna Rinehart, Charles Dye

Qualitative Criminology (QC)

"Interactive theatre has long been used to educate and empower communities and prevent crime across all age groups. Although older populations are disproportionately victimized through fraudulent online schemes, effective educational interventions, like interactive theatre, have not been utilized to increase crime awareness. This paper describes an explorational research project, analyzing the results of a theatre-based fraud awareness program aimed towards educating victims and their communities about scams targeting older people. The study employs a mixed-method research design to examine program impact. In applying multifaceted tools of data collection, such as survey, participant observation, and follow-up interviews, the research team identified …

Aging On Parole: A Thematic Analysis Of The Parole Officer’S Perspective, Angela Murolo

Qualitative Criminology (QC)

"A growing proportion of people leaving prison are over 50 years old and will live at least temporarily under the supervision of a parole officer. While recidivism rates are lower for older people, there are physical, mental, and societal challenges that accompany advancing age that make successful reentry and reintegration a challenging experience compared to their younger counterparts. This presents novel challenges for parole officers who are tasked with supervising and counseling elderly people on parole. Surveys containing closed and open-ended questions were administered to N=25 parole officers to understand the differences in working with, counseling, and supervising older and …

Rooted In Family Unity: Advocating For U.S. Citizen Children As Qualifying Relatives, Kevin J. Henriquez

University of the District of Columbia Law Review

This paper advocates for expanding the scope of unlawful presence waivers under § 212(a)(9)(B)(v) of the Immigration and Nationality Act (“INA”) to include U.S. citizen offspring as “qualifying relatives.” Under current law, the waiver only recognizes hardship to U.S. citizens or lawful permanent resident spouses or parents, excluding offsprings entirely despite their central role in family life. This exclusion undermines decades of immigration policy prioritizing family unity and creates devastating consequences for mixed-status families, particularly where U.S. citizens, minors, or adults depend on undocumented parents for financial, emotional, or medical support. This paper traces the statutory and legislative history of …

Anything For Views Parenting, Bahar Tarighi

Lewis & Clark Law Review

Children who appear in monetized family vlogs are the product. Without them, the content would not exist, and the revenue would not follow. Yet unlike child actors in traditional entertainment, these children receive no guaranteed wages, no mandated trust accounts, and no right to control the digital record created in their name. This gap is a product of a legal framework that has simply not kept pace: the Fair Labor Standards Act, enacted in 1938, expressly exempted child performers from its protections, and neither Congress nor the majority of states have updated their child labor frameworks to account for the …

Lifetime Tenure, Aging, And Cognitive Decline, David H. Churchwell

Mitchell Hamline Law Review

Aging is a fact of life. We all go through it, and we all experience it. But not all of us are federal judges, and not all of us hold positions of power for life. Aging impacts each of us differently, and there are good reasons to have experienced, elder individuals in roles that benefit from such experience, such as serving as a judge. However, age correlates with an increased prevalence of cognitive decline, and that correlation risks harming the judiciary’s legitimacy. This Article argues that constitutional incentives for federal judges permit lengthy judicial tenures, which increases the risk of …

Age, Law, And Political Economy, Alexander Boni-Saenz

Articles

This Article examines the intersection of age, class, and the law. Its central claim is that age is an essential dimension for the analysis of law and political economy. There are two primary reasons why. First, age is embedded in a large body of legal rules that structure the labor market and address vulnerabilities associated with particular life stages. Child labor laws set minimum ages for entry into the workforce, while social welfare laws use age eligibility criteria to shape the material conditions for older adults. Second, age and its sibling concept, generation, indirectly shape economic and political relations by …

Addressing Health-Related Social Needs With Innovative Healthcare Spending, Kelly Naranjo Ms Ccrc, Eric Rochman Mph, Allyson Schiff Ba, Dorella Walters Mpa, Andrea Zaldivar Ed.D, Ms, Anp

Journal of Law and Health

Key objectives: To address the social determinants of health domains "social and community context" and "neighborhood and built environment" via Medically Tailored Meals, a nutrition intervention that includes home delivery, medical nutrition therapy and education, and frozen medically tailored meals provided by the non-profit partner. This intervention targeted Medicaid members exhibiting high healthcare utilization in conjunction with each individual's risk of developing higher morbidity and mortality of existing disease due to co-existing food and nutrition insecurity. The populations served include people living with Type 2 Diabetes, Hypertension, Cardiovascular Disease, Cancer, HIV/AIDS, and End-Stage Renal Disease, among other conditions, whose burden …

The Esg Paradox: Systemic Resistance And The Crisis Of Corporate Governance, Tawia Ansah

William & Mary Environmental Law and Policy Review

This Article examines a recent lawsuit between ExxonMobil Corporation and its shareholders that contested the definition of “ordinary business operations” under Rule 14a-8 of the Securities & Exchange Act of 1934. Through the lens of Niklas Luhmann’s systems theory particularly his concept of “operational closure,” the analysis reveals how corporate resistance to ESG initiatives reflects deeper systemic patterns in late capitalist governance.

ESG frameworks emerged as a challenge to neoliberal corporate governance, promising to address mounting environmental and social concerns. However, the neoliberal model has responded by both absorbing ESG through “greenwashing” and rejecting its more transformative elements—a pattern that …

Future Crime: A Theoretical Foundation For Designing Effective Cybercrime Laws In The Age Of Ai And Ransomware, Thi Ha Do, Niloufer Selvadurai

North Carolina Journal of Law & Technology

No abstract provided.

The Face Of Ageism, The Reach Of Ageism: Law, Medicine, And Society, Janet L. Dolgin

Tulsa Law Review

No abstract provided.

The Human Dimension Of "Home", Robert A. Destro

Catholic University Law Review

All societies provide a legal framework that protects the pivotal functions of home and family. None provide a clear legal definition of “home”. Nor, this article argues, can they. “Home” is a concept rooted in the lived experience of human persons. In this article, the second in a series, the author employs the “human dimension” [HDIM] concept, initially developed by the U.S. military and later adopted by the Organization for Security and Cooperation in Europe, as the lens through which one can examine the “human element” of human rights. The framework for this analysis is the “four clusters of value-types” …

Integrating Positive Psychology And Spirituality To Foster Meaning And Well-Being In Older Adults, Crystal Morris

Adultspan Journal

This perspective article explores the integration of positive psychology interventions (PPIs) and spirituality in therapy to foster meaning and well-being in older adults. It highlights exercises such as the positive introduction, positive legacy, character strengths, mindfulness, mindful-based yoga, and a manifestation prayer journaling. The interventions presented are tools to support older adults that may experience depression, difficult life transitions, and the search for renewed meaning. Therapists who integrate PPIs and spirituality into therapy can promote a holistic, non-pathological approach to treatment.

Ensuring Housing Stability And Protections For The Nation’S Renters: Avenues For Federal Action, Margaret Hagan, Peter Hepburn, Justin Steil, Brandon Weiss

Scholarly Articles in Law Reviews & Journals

What would it take to ensure housing stability and protections for the nation’s renters? This essay reviews the current literature on landlord–tenant laws, eviction court policies, the provision of legal aid, and the residential security of renter households. It then lays out avenues through which the federal government—particularly the Department of Housing and Urban Development (HUD)—might work to improve renters’ stability. These include targeted efforts to improve engagement with both tenants and landlords, robust implementation of the Affirmatively Furthering Fair Housing provision of the federal Fair Housing Act, especially around source of income discrimination, and facilitation of reforms to state …

Perspectives On Older Workers: Maine's Prohibition Of Mandatory Retirement, Susan Dana Kertzer

Maine Law Review

The 1978 Amendments to the federal Age Discrimination in Employment Act (ADEA), which generally prohibit mandatory retirement before the age of seventy, have been criticized as proposing to "extend freedom of choice by restricting freedom of contract. Despite such criticisms and other less philosophical objections to the Act, the 108th Maine Legislature in 1977 passed the first part of a legislative program which, as of January 1, 1980, prohibits all mandatory retirement in Maine, in both the public and private sectors. Emphasizing the parallels between age discrimination legislation and other civil rights legislation, one of the bill's senate supporters acknowledged …

In Search Of The Best Policies For Translational Geroscience, Tom W. Bell, Kalon Boston

UC Law Science and Technology Journal

Though it once seemed like an inevitable fact of life, geroscience can now credibly promise to slow and even reverse aging. New geroscience treatments offer the prospect of large increases in human welfare and will attract huge demand. How can governments best support research, development, and commercialization of the field? The answer will depend on many factors, including public policies, supply-side resources, and market size. This paper focuses on the first factor, seeking the best public policies for translating geroscience from bench to bedside. It begins with a review of current geroscience policy, identifying the rules and institutions that help …

The Public Utility Regulation Of Dollar General, Olivia R. Sokos

West Virginia Law Review

As food insecurity persists across the country, few solutions have been proposed to address the lack of access to healthy food in rural regions. This Note explores whether public utilities regulation is a theoretical avenue for addressing rural food deserts. The contribution of this Note is to encourage the recognition of healthy food as a critical public good through a modern public utility lens and build solutions to inadequate food access in rural regions by considering the qualities unique to rural populations. One solution proposed herein is to apply a modern public utility framework to dollar stores, ensuring reliable and …

Sentencing Vulnerability: An Empirical Study Into The Role Of Personal Characteristics And The Foreseeable Experience Of Confinement At The Sentencing Of Older Adults, Adelina Iftene, Allison Hearns

Articles, Book Chapters, & Popular Press

This article presents and analyzes findings from a qualitative and quantitative review of reported Nova Scotia sentencing decisions (2013–2020) of aging individuals. The goal is twofold. First, by investigating the judicial discourse around personal characteristics at sentencing aging individuals, we specifically seek to understand where aging, and characteristics that interplay with aging, fit into current sentencing practices and the potential benefits and challenges of considering these factors. Secondly, and more generally, through the case study of older offenders, this article seeks to contribute to the largely theoretical scholarship that has engaged with the need for a methodical inclusion of a …

Nurse Practitioner Autonomy: How The Rejection Of Sb 1700 Restricts Access To Necessary Healthcare In Rural South Texas, Cara Hudson

The Scholar: St. Mary's Law Review on Race and Social Justice

No abstract provided.

High Hopes: Legal And Ethical Issues With Post-Trial Access To Psychedelic Drugs, Callie Terris, Emma Tumilty

Journal of Health Care Law and Policy

No abstract provided.

Guardianship And Its Alternatives: A Handbook On Maryland Law, Joan O'Sullivan, Ellen A. Callegary, Rebecca Hall, James F. Silver

Faculty Scholarship

No abstract provided.

Patient Autonomy, Public Safety, And Drivers With Cognitive Decline, Sharona Hoffman, Cassandra Burke Robertson

Faculty Publications

With a growing elderly population, cognitive decline in drivers has become a significant public safety concern. Currently, over thirty-two million individuals who are seventy or older have driver’s licenses, and that number is growing quickly. In addition, almost ten percent of U.S. seniors (those sixty-five and older) have dementia, and an additional twenty-two percent have mild cognitive impairment. Between a quarter and a half of individuals with mild to moderate dementia still drive. As cognitive abilities such as memory, attention, and decision-making skills deteriorate, a driver's ability to operate a vehicle safely can be compromised. This not only puts the …

The Human Dimension Of “Home”, Robert A. Destro

Scholarly Articles

All societies provide a legal framework that protects the pivotal functions of home and family. None provide a clear legal definition of “home”. Nor, this article argues, can they. “Home” is a concept rooted in the lived experience of human persons. In this article, the second in a series, the author employs the “human dimension” [HDIM] concept, initially developed by the U.S. military and later adopted by the Organization for Security and Cooperation in Europe, as the lens through which one can examine the “human element” of human rights. The framework for this analysis is the “four clusters of value-types” …

Protecting Older Adults Who Are Incarcerated: Does The 8th Amendment Work?, Jalayne J. Arias

Health Matrix: The Journal of Law-Medicine

Older adults in prison and within other carceral systems (i.e. jails, parole) are uniquely at risk for elder mistreatment. Emerging research has begun to consider the experiences of older adults within carceral settings, including aging in prison, chronic conditions and medical care, compassionate release, and end-of-life care. This research exposes evidence that prisons and other carceral settings lack resources and services for older adults. Given increased vulnerability and a lack of protective resources, older adults experiencing incarceration may experience disproportional rates and consequences of elder mistreatment. A public health approach to develop tools and resources that would prevent, detect, and …

Decision-Making Supports And Cognitive Decline, Rebekah Diller

Health Matrix: The Journal of Law-Medicine

For persons with a range of cognitive disabilities, supported decision-making, rooted in a human rights approach to disability, has emerged as a tool that permits them to make legally binding decisions and avoid guardianship. As supported decision-making policy has evolved in the United States, state statutes have primarily focused on formal agreements through which individuals can designate trusted supporters to assist in obtaining information, processing that information, and communicating a decision. This Article argues that supported decision-making has promise for preserving the autonomy of persons living with dementia, but that the model of a supported decisionmaking agreement embodied in the …

Factors Affecting The Joy Of Life In Old Age: A Scale Development Study, Yalçın Karagöz, Yusuf Karaşi̇n, Mustafa Filiz, Mehmet Ateş

Adultspan Journal

This study aims to introduce a measurement tool into the literature that can reveal the factors affecting the joy of life in older adulthood. Participants included 266 individuals aged 55 and over living in Izmir, Turkey. The process of developing the scale includes the following stages: problem identification, item pool creation, expert opinion, form shaping, pilot application, and finalizing the scale. The exploratory factor analysis revealed that the scale consists of 6 different dimensions, and the variance explained by these dimensions was found to be 65.184%. The acceptable values for the scale's fit indicators are as follows: χ²/df0.90, IFI > 0.90, …