Digital Commons Network^™

Living Apart Together As A “Family Form” Among Persons Of Retirement Age: The Appropriate Family Law Response, Cynthia Grant Bowman

Cornell Law Faculty Publications

As the Baby Boom generation enters retirement age, patterns of living among older persons are beginning to change. Unlike their predecessors, the Baby Boomers lived through the sexual revolution, divorced more easily and more often, and institutionalized new patterns of coupling, such as cohabitation. As a result, the rate of marriage has declined and the percent of the population classified as “single” has gone up. This age cohort has now moved into the sixty-five-plus group and makes up those we think of as the retirement generation, or the “Third Age” group. As longevity has increased and the divorce rate for …

Corporate Governance As Privately-Ordered Public Policy: A Proposal, Lynn Stout, Sergio Gramitto

Seattle University Law Review

In this Article, we show how our society can use corporate governance shifts to address, if not entirely resolve, a number of currently pressing social and economic problems. These problems include: rising income inequality; demographic disparities in wealth and equity ownership; increasing poverty and income insecurity; a need for greater innovation and investment in solving problems like disease and climate change; the “externalization” of many costs of corporate activity onto third parties such as customers, employees, creditors, and the broader society; the corrosive influence of corporate money in politics; and discontent and loss of trust in the capitalist system among …

Current Controversies In The Use Of Dna In Forensic Investigations, Samuel Hodge

University of Baltimore Law Review

No abstract provided.

Improving Familial And Communal Eldercare In The United States: Lessons From China And Japan, H. Hunter Bruton

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

Quelling The Silver Tsunami: Compassionate Release Of Elderly Offenders, Jalila Jefferson-Bullock

Law Faculty Publications

No abstract provided.

University Of Nebraska At Omaha 2018-2019 Course Catalog, University Of Nebraska At Omaha

Undergraduate Catalogs

Located in one of America’s best cities to live, work and learn, the University of Nebraska at Omaha (UNO) is Nebraska’s premier metropolitan university. With more than 15,000 students enrolled in 200-plus programs of study, UNO is recognized nationally for its online education, graduate education, military friendliness, and community engagement efforts.Founded in 1908, UNO has served learners of all backgrounds for more than 100 years and is dedicated to another century of excellence both in the classroom and in the community.

Screening Older Physicians For Cognitive Impairment: Justifiable Or Discriminatory?, Ilene N. Moore

Health Matrix: The Journal of Law-Medicine

In the U.S., one out of eight practicing physicians is older than sixty-five, and many practice well into their seventies. Many commentators and healthcare organizations, concerned that aging physicians are at risk for cognitive impairment, have urged, or actually instituted, cognitive "screening" for older physicians as a means to ensure patient safety. An age-based screening program, however, should not proceed unless supported by clear evidence and not prohibited by law. This article argues that neither of these conditions applies. Singling out all older physicians for cognitive testing is empirically unjustified and legally prohibited. Furthermore, there are other means to reliably …

Corporate Governance As Privately-Ordered Public Policy: A Proposal, Lynn A. Stout, Sergio Alberto Gramitto Ricci

Faculty Works

In this Article, we show how our society can use corporate governance shifts to address, if not entirely resolve, a number of currently pressing social and economic problems. These problems include: rising income inequality; demographic disparities in wealth and equity ownership; increasing poverty and income insecurity; a need for greater innovation and investment in solving problems like disease and climate change; the “externalization” of many costs of corporate activity onto third parties such as customers, employees, creditors, and the broader society; the corrosive influence of corporate money in politics; and discontent and loss of trust in the capitalist system among …

The Golden Years, Gray Divorce, Pink Caretaking, And Green Money, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This Article considers the impact of changing family structures on aging in contemporary America. It looks at two critical and interrelated aspects of aging—economic security and caretaking—and offers policy suggestions on how to improve the financial stability of and caretaking possibilities for elders. The core thesis is that our current social, legal, and economic structure for growing old is organized around the nuclear family with respect to both caretaking and financial security. As family structures change in terms of partnering (and re-partnering and non-partnering) and number of children, and with the increase in economic inequality, support for old age needs …

No “Dead Giveaways”: Finding A Viable Model Of Ante-Mortem Probate For New Jersey, Joseph A. Romano

Seton Hall Law Review

No abstract provided.

Corporate Governance As Privately-Ordered Public Policy: A Proposal, Lynn Stout, Sergio Alberto Gramitto Ricci

Hofstra Law Faculty Scholarship

In this Article, we show how our society can use corporate governance shifts to address, if not entirely resolve, a number of currently pressing social and economic problems. These problems include: rising income inequality; demographic disparities in wealth and equity ownership; increasing poverty and income insecurity; a need for greater innovation and investment in solving problems like disease and climate change; the "externalization" of many costs of corporate activity onto third parties such as customers, employees, creditors, and the broader society; the corrosive influence of corporate money in politics; and discontent and loss of trust in the capitalist system among …

State Of Utah, Plaintiff/Appellee, V. David Bryce Jones, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for abuse, neglect, or exploitation of
a vulnerable adult, a second-degree felony, and unlawful
dealing of property by fiduciary, a second-degree felony, in
the Third Judicial District, Salt Lake County, the Honorable
James T. Blanch presiding

U.S. Immigration Restrictions On Foreign Students After 9/11: Impact On Students From Mexico, Yvette Ramos Wade

Law and Business Review of the Americas

No abstract provided.

Employing Older Prisoner Empirical Data To Test A Novel S. 7 Charter Claim, Adelina Iftene

Dalhousie Law Journal

This article builds the case for expanding s. 7 of the Charter of Canadian Rights and Freedoms to apply to prison regulations and decisions in the specific context of an aging prison population. As original empirical data shows, prisons are highly insensitive to age-related problems, and inappropriate or insufficient medical treatment receives official sanction from a wide range of correctional documents. The stark inadequacies of the current system endanger older prisoners' security of the person, and sometimes their lives, in ways that violate their rights under s. 7, since the deprivations they suffer result from legislative policies and state conduct …

Living Apart Together, Women, And Family Law, Cynthia Grant Bowman

Cardozo Journal of Equal Rights & Social Justice

"Living Apart Together, " or "LAT, " describes an intimate relationship in which a committed unmarried couple live in separate residences. This Article discusses whether this lifestyle is particularly attractive to women today. After exploring information available about women and LAT in secondary literature from other parts of the world, the author presents new empirical data about LATs in the United States, based on two surveys and a series of qualitative interviews from 2016 and 2017. She examines whether the women respondents and interviewees offer different reasons for living apart than the men do and discusses whether they choose LAT …

Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope

Georgia State University Law Review

The purpose of this Article is to help improve the quality of healthcare decision making for the unbefriended. I hope that this comprehensive and systematic explanation of both the problem and the available solutions will empower both public and clinical policymakers to develop more informed and more circumspect policies and procedures

Death Row Dogs, Hard Time Prisoners, And Creative Rehabilitation Strategies: Prisoner-Dog Training Programs, Paul J. Larkin, Jr.

Catholic University Law Review

More and more prisons have witnessed the success of Prisoner-Dog Training Programs (PDPs) in the last few years. PDPs entail a prisoner training an animal (usually a dog) to be a service animal for the disabled or a well-behaved household pet. PDPs at state and federal prisons have turned out to be a win-win-win. The animals involved in the program are typically those at risk of being euthanized, giving those animals a second chance at life; the community benefits because people adopt well-behaved and trained animals; and the prisoner-trainers learn what it means to contribute to society in a material …

The Financial Exploitation And Abuse Of The Elderly, Christopher Hodges

Mahurin Honors College Capstone Experience/Thesis Projects

The criminal industry of elder financial fraud and exploitation (EFFE) is a growing concern among policy makers as well as researchers. This is due to the growing financial impact exploiters are having on their victims. EFFE is defined by the National Center on Elder Abuse as “the illegal or improper use of an elder’s funds, property, or assets (NCEA, 2017).” Following this definition, the quantity of wealth determined to have been lost due to EFFE is staggering. As the tangible capital loss has grown so has the need for more research into this topic. The research in this paper seeks …

From Baby-Selling To Boilerplate: Reflections On The Limits Of The Infrastructures Of The Market, Margaret Jane Radin

Osgoode Hall Law Journal

Market-inalienability has a central place in developed societies that embrace private law institutions and a traditional understanding of the role of the polity in underwriting, managing, and preserving those institutions. Market-inalienability is a form of non-commodification. Taking up the issue of what things or relationships can be treated as commodities, I first critique a mode of inquiry—a traditional view of law and economics—that finds no problem with commodification of anything whatsoever. Counter to this mode of reasoning, I review two points of view that consider some kinds of commodification wrongful. Finding neither of these anti-commodification theories satisfactory, I review in …

End Of Life Care For The Incarcerated, Codie Robinson

Dialogue & Nexus

As the prison population ages, a new need has come to light – caring for those who are in the final stage of life. This paper will examine the current end of life services provided to those in prison throughout the United States. After a general awareness of the system is presented, a more complete discussion of end of life care for prisoners will be considered, in light of ethics, social justice, and the Christian perspective. The two care options presented, hospice care and compassionate release, are observed through these lenses. In order to make a decision on how to …

Off-The-Shelf Formative Assessments To Help Each Student Develop Toward A Professional Formation/Ethical Professional Identity Learning Outcome Of An Internalized Commitment To The Student's Own Professional Development, Neil Hamilton

Mercer Law Review

With the shift in American Bar Association (ABA) accreditation standards to emphasize learning outcomes, all law schools will be slowly moving away from structure-and-process based legal education (exposure to specific content for specified periods of time, such as a four credit one semester contracts course) to competency-based legal education (focus on the ultimate competencies needed for excellent service to the clients and the legal system, such as competence in career-long professional development). A large number of law schools are adopting what the next section of this Article defines as competency-based professional-formation or ethical- professional-identity learning outcomes. The specific focus of …

Of Asthma And Ashtrays: Examining The Rights Of And Exploring Ways To Protect Maine Tenants Living In Multi-Unit Rental Housing Who Are Involuntarily Exposed To Secondhand Tobacco Smoke In Their Homes, Amy K. Olfene

Maine Law Review

Toxins found in tobacco smoke are deadly, and there is no safe level of exposure. Secondhand smoke contains over 7,000 chemicals, 69 of which are known to cause cancer in humans. In fact, the U.S. Environmental Protection Agency (“EPA”) has declared secondhand tobacco smoke a Group A carcinogen, a rating “reserved for those compounds or mixtures which have been shown to cause cancer in humans, based on studies in human populations.” Exposure to tobacco smoke can cause a number of diseases and ailments in both smokers and nonsmokers; in addition, such exposure can exacerbate existing illnesses. In the United States, …

My Company Is Freezing The Pension Plan: What Does This Mean?, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston

Pension Action Center Publications

As employers move away from traditional defined benefit pension plans in favor of defined contribution 401(k) plans, the number of frozen pension plans is rapidly increasing. While most companies would like to rid themselves of their pension plan liabilities, more often than not, employers deem it too costly to terminate their existing plans and pay out all accrued benefits to participants and beneficiaries. As a result, instead of terminating their existing pension plans, many employers are electing to “freeze” their plans. Pension plans may be frozen using a “hard freeze” or a “soft freeze”. While both types of plan freezes …

Lump Sum Vs Annuity Payments: Which Is Right For Me?, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston

Pension Action Center Publications

As employers are looking to reduce pension plan liabilities, more and more participants are being given the option to receive a one-time lump sum payment from their pension plan in lieu of receiving monthly annuity payments for life. Deciding on which form of pension benefit to take is a very important decision that requires careful consideration. Unfortunately, there is no one-size-fits-all answer. While a lump sum may make sense for one person, it may be a serious mistake for another. And it is a decision that you will have to live with for the rest of your life. Anyone who …

Recoupment Of Pension Overpayments: Equitable Liens And Meaningful Reform After Montanile, Maria O'Brien, Jeanne Medeiros

Faculty Scholarship

This short paper reviews the current state of the law governing recoupment actions for defined benefit ERISA plans and focuses in particular on actions against retirees who are without fault for the overpayment. The paper argues that the current practices of many plans which focus on recovering overpayments without taking the consequences to the retiree into account are not required by either ERISA or the IRS. The practices which include ceasing all pension payments, huge cuts in payout amounts and unlimited reach back even in cases where the plan fiduciary has clearly breached its duty to participants, cause tremendous harm …

Brief Of Amici Curiae Labor Economists And Social Scientists In Support Of The Petition For Writ Of Certiorari, Fred T. Korematsu Center For Law And Equality, Charlotte Garden

Fred T. Korematsu Center for Law and Equality

Richard M. Villarreal v. R.J. Reynolds Tobacco Co., et al.

How Much Of Health Care Antitrust Is Really Antitrust?, Spencer Weber Waller

Loyola University Chicago Law Journal

No abstract provided.

Addressing The Retirement Crisis With Shadow 401(K)S, Deepa Das Acevedo

Notre Dame Law Review Reflection

This Essay discussed the Shadow 401(k) and its feasibility as a response to the "retirement crisis."

Elder Law & Feminism: Moving Toward Equity In Aging, Emily M. Flesch

Student Scholarship

No abstract provided.

Nutrition And Health Equity: The Role Of Washington, D.C.’S East Capitol Urban Farm, Tia D. Jeffery

Saint Louis University Journal of Health Law & Policy

Disenfranchised communities have yet to become full beneficiaries of the core values of the Constitution. Health inequities are rooted in the social barriers connected to racism, classism, and sexism. Furthermore, marginalized groups in Washington, District of Columbia (D.C.), reside in food deserts. Urban agriculture has gained exposure as a working solution to the epidemic of food deserts in underserved urban communities. The East Capitol Urban Farm is one of the urban food hub extensions of the University of the District of Columbia College of Agriculture, Urban Sustainability, and Environmental Sciences. It operates in a food desert in Ward 7 of …