Digital Commons Network^™

Legal And Regulatory Barriers To Adequate Pain Control For Elders In Long-Term Care Facilities, Laura D. Seng

City University of New York Law Review

No abstract provided.

Pro Bono In Principle And In Practice, Deborah L. Rhode

Journal of Legal Education

No abstract provided.

The Nova Southeastern Lawyer, Summer 2003, Volume 12, Number 3, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Seniors In Public Housing, Jan Mutchler, Francis G. Caro

Gerontology Institute Publications

In recent years, the Boston Housing Authority (BHA) discovered that nearly 40% of the seniors (residents aged 62 and over) living in their public housing developments were living in family housing developments rather than in senior/disabled housing developments. Administrators at the BHA were aware that some seniors lived in family developments, but they were committed to learning more systematically about this population and their needs. They turned to the Gerontology Institute at the University at Massachusetts Boston as a partner in this effort. With funding from the Boston Foundation, the collaboration resulted in a research and policy development effort on …

The Antitrust-Telecom Connection, Steven Semeraro

San Diego Law Review

This Article discusses the Telecommunications Act of 1996, which requires local telephone service providers to provide certain services to competitive local exchange carriers, and its relation to the Sherman Antitrust Act. The author begins by examining the Telecommunications Act and the allegations in the telecom-antitrust cases. In these cases, some courts have held that the antitrust laws apply to local telephone companies as if the Telecommunications Act did not exist, other courts have dismissed identical antitrust claims. The author attempts to explain these conflicting results by showing court's reliance on two different lines of doctrine: implied immunity and antitrust state …

Vol. 53, No. 7, January 28, 2003, University Of Michigan Law School

Res Gestae

•A View from the Crowd: Detroit Auto Show 2003 •Students March to Celebrate MLK Day •Holocaust Asset Seizure: Lawyer Discusses Case •NYC ESP •Inquiring Eyes Take Note •Billy Corgan Returns •Office of Public Service Promotes Pro Bono Work •Lace, Grace All Up in Your Face •"Bush League" Cry for Equal Opportunity •Grade Summary •Michigan Law Hosts Doctor King Symposium •Crossword

Financial Abuse Of The Elderly: Is The Solution A Problem?, Carolyn L. Dessin

McGeorge Law Review

No abstract provided.

What Counsel For The Ward Can Learn From Will Contests, Alison Mcchrystal Barnes

Faculty Publications

In spite of efforts to relax formalities requirements for wills in the revision of the Uniform Probate Code (1990), courts still often decide will contests in such a way as to help family members to keep assets within the family. Barnes suggests that studies of guardianship actions be done to determine if guardianships are being determined solely to benefit family members.

Methodological And Contextual Challenges To Researching Childhood Resilience: An International Collaboration, Michael Ungar, Roger A. Boothroyd, Luis F. Duque, John Leblanc

Mental Health Law & Policy Faculty Publications

No abstract provided.

Escape From New York: Analyzing The State's Relative Interests In Proscribing The Withdrawal Of Life Support And Physician-Assisted Suicide, Colin Miller

Faculty Publications

This Note argues that states cannot consistently prohibit physician assisted suicide for terminally ill patients while they continue to allow the withdrawal of life support for even non-terminal patients. All of the state interests identified by the Supreme Court in rejecting a right to assisted suicide are implicated to a higher degree by withdrawal of life support. The primary reason for this difference is that withdrawal of life support often involves incompetent patients and surrogate decision making while assisted suicide by definition requires a competent patient choosing to hasten her death.

Golden Age In The Golden State: Contemporary Legal Developments In Elder Abuse And Neglect, Seymour Moskowitz

Loyola of Los Angeles Law Review

No abstract provided.

Fcc's Media Ownership Plan Axed: Deregulation And The Debate Over Democracy, Alice Nam

Public Interest Law Reporter

No abstract provided.

Adult Guardianship: Protecting The Elderly Or Shielding Abusers?, Marguerite Angelari

Public Interest Law Reporter

No abstract provided.

Elder Law: A Guide To Key Resources, Susan J. Hemp, Cheryl R. Nyberg

Librarians' Articles

This research guide identifies and describes 163 books, periodicals, reference tools, databases, electronic discussion groups, organizations, and U.S. government agencies useful to the elder law practitioner and the legal researcher. Appendices include a state-by-state list of state aging agencies, bar association committees and sections, law school courses and clinics, and publications; acronyms; and subject headings and a index terms used in library catalogs, periodical indexes, and related sources.

Financial Abuse Of The Elderly: Is The Solution A Problem?, Carolyn L. Dessin

Akron Law Faculty Publications

As a population, we are aging rapidly. With this phenomenon has come an increasing interest in the problems of older Americans. Early studies of elder abuse in the 1970s began a dialogue that continues with increasing vitality. This dialogue has prompted states to attempt to prevent, remedy, and punish elder abuse in a variety of ways.

Although all of the early studies and most of the current studies focus on physical and psychological abuse of the elderly, there is a growing appreciation that financial abuse is a serious problem. Accordingly, many states have attempted to remedy financial abuse, often called …

The Medicare And Medicaid Intersection: Caring For Arizona's Seniors, Nora Super, Lisa Sprague, Judith D. Moore

National Health Policy Forum

This site visit to Phoenix examined the interplay between Medicare and Medicaid and how payment streams and regulatory requirements affect the delivery of health and long-term care services. The visit explored trends related to Medicare+Choice plan participation, physician acceptance of Medicare patients, and care management for individuals with chronic illnesses, such as Alzheimer’s disease. It also considered Arizona’s capitated Medicaid long-term care program, which recently implemented competitive bidding among plans in Maricopa County.

The Quality Of Managed Care: Evidence From The Medical Literature, Joseph Gottfried, Frank A. Sloan

Law and Contemporary Problems

Gottfried and Sloan examine the empirical evidence, drawn from the medical literature, pertaining to the safety of managed care practices. They seek to ground the ongoing debate on the medical merits of managed care organizations in the science of clinical research.

Transitions Along The Continuum Of Care: Elderly And Disabled Persons In New York, Lisa Sprague, Nora Super

National Health Policy Forum

This site visit examined transitions along the continuum of care for elderly and disabled persons in New York. The state offers its residents an extensive array of services, including nursing homes, home health care, personal care, and community-based services. New York spends more than any other state on its Medicaid program, which is reflected in a comprehensive benefit package, full-cost reimbursement of hospitals, high nursing home rates, and extensive coverage of personal care services. Site visitors were briefed on the history and development of long-term care in the state as well as the various care settings available. Panels discussed transitions …

The Medicare Anti-Kickback Statute: In Need Of Reconstructive Surgery For The Digital Age, Michael E. Paulhus

Washington and Lee Law Review

No abstract provided.

Adult Children And Indigent Parents: Intergenerational Responsibilities In International Perspective, Seymour Moskowitz

Law Faculty Publications

No abstract provided.

The Government's Role In Health Care Delivery, Linda Reneé Baker

Annals of Health Law and Life Sciences

As Secretary of Illinois' largest agency, the Department of Human Services, Secretary Baker provides a thorough overview of the role her agency plays in the ongoing health and welfare of the citizens of Illinois. Her contention that government should play a critical role in health care delivery is buttressed by the DHS' role as a funding agent, its contributions of staff and systems, and the direct role it plays in the pursuit of truly public health care. Secretary Baker effectively demonstrates the complexities and disparities that still exist in health care by discussing an inter-generational study of one poor family …

The Virtues Of Corporate And Professional Guardians, Alison Barnes

Faculty Publications

No abstract provided.

Adult Children And Indigent Parents: Intergenerational Responsibilities In International Perspective, Seymour Moskowitz

Marquette Law Review

No abstract provided.

This Might Sting A Bit: Policing Skin Care In Nursing Facilities By Litigating Fraud, Michael Stockham

Cornell Law Review

No abstract provided.

Informed Consent For Medication In Persons With Mental Retardation And Mental Illness, Joan L. O'Sullivan, Breck G. Borcherding

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Putting The Cart Before The Horse: The Need To Re-Examine Damage Caps In California's Elder Abuse Act*

San Diego Law Review

This Comment addresses what has been and continues to be a very controversial area of the law-damage caps imposed on plaintiffs who bring medical malpractice claims against health care providers in California. Since 1975, the state has restricted these actions as a means of holding down liability insurance premiums and reducing litigation through a package of statutes called the Medical Injury Compensation Reform Act (MICRA). In 1991, the legislature extended these limitations to claims brought under the state's Elder Abuse Act while at the same time providing for enhanced remedies in such actions to encourage litigation. Today, upon showing clear …

Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes

University of Michigan Journal of Law Reform

This Article considers the reasons for reinterpretations of age and disability and examines the fundamental reasons for changes in the implementation of both the ADA and ADEA. Part I presents the basic structure and relevant requirements of the two statutes and comments on the reasons their legislative purposes are not often seen as overlapping. Part II discusses the recent Supreme Court decisions that have undermined the purposes and implementation of both the ADA and ADEA and chilled causes of action based on the ADA and ADEA. Part III projects the current problems with anti-discrimination causes into the future, when older …

What Do We Owe The Next Generation(S), Axel P. Grosseries

Loyola of Los Angeles Law Review

No abstract provided.

Raising The Social Security Retirement Ages: Weighing The Costs And Benefits, Kathryn L. Moore

Law Faculty Scholarly Articles

The Social Security program faces a long-term funding deficit. The Board of Trustees of the Federal Old-Age and Survivors and Disability Insurance ("OASDI") Trust Funds predicts that unless corrective action is taken, Social Security benefit payments will exceed dedicated tax revenues by the year 2015, and the Social Security program will become insolvent—unable to pay promised benefits in full-by the year 2037. As a result of this projected deficit, Social Security has become "a lightning rod for far reaching reform proposals."

Proposals range from "traditional" proposals that would maintain the basics of the program's revenue and benefit structure but would …

Demographic Crisis In Japan: Why Japan Might Open Its Doors To Foreign Home Health-Care Aides, Carmel A. Morgan

Washington International Law Journal

Japan is currently facing a two-fold demographic crisis: its birthrate is rapidly falling and its population is rapidly aging. Despite the present recession, Japan is confronting a significant shortage of workers in the health-care field. There may not be enough home health-care aides to meet the needs of all of the elderly who are eligible for visits under Japan's new long-term care insurance program. The Ministry of Justice has recently proposed allowing more foreigners to work in Japan. The proposal encourages the admission of immigrants to work as "home helpers," an occupation that is considered unskilled. This proposal marks a …