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The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler May 2001

The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler

University of Michigan Journal of Law Reform

Title VII has prohibited employment discrimination on the basis of pregnancy since 1978, when Congress passed the Pregnancy Discrimination Act ("PDA"), but it does not require employers to recognize women's caregiving obligations beyond the immediate, physical events of pregnancy and childbirth. The Family and Medical Leave Act of 1993 ("FMLA ") also does little more than provide job security to some relatively privileged women in the case of childbirth. Neither of these statutes, which constitute the bulk of the United States' maternity and parental leave policies, provides for the most common employment leave needs of caregivers, who by all measures …


Driving In Massachusetts: When To Stop And Who Should Decide?, Nina M. Silverstein, Jenai Murtha Apr 2001

Driving In Massachusetts: When To Stop And Who Should Decide?, Nina M. Silverstein, Jenai Murtha

Gerontology Institute Publications

The purpose of this exploratory research was to assess three stakeholders’ perceptions of the locus of responsibility for driving cessation and identify the criteria that should be included in that decision. The stakeholder groups studied were law enforcement officers, physicians, and the general public age 50 years and older. Defining areas of agreement and disagreement across stakeholders will be valuable for informing policy makers who may be considering statewide or national initiatives. Findings will also be useful for public information and training.


The Nova Southeastern Lawyer, Winter 2001, Volume 12, Number 1, Nova Southeastern University - Shepard Broad Law Center Jan 2001

The Nova Southeastern Lawyer, Winter 2001, Volume 12, Number 1, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.


Law & Health Care Newsletter, V. 9, No. 1, Fall 2001 Jan 2001

Law & Health Care Newsletter, V. 9, No. 1, Fall 2001

Law & Health Care Newsletter

No abstract provided.


The Crisis In The Long-Term Care Workforce, Karl Pillemer, Mark S. Lachs Jan 2001

The Crisis In The Long-Term Care Workforce, Karl Pillemer, Mark S. Lachs

Journal of Health Care Law and Policy

No abstract provided.


The Nursing Home Crisis: Views From A Trustee In The Nonprofit Sector, Marshall B. Kapp Jan 2001

The Nursing Home Crisis: Views From A Trustee In The Nonprofit Sector, Marshall B. Kapp

Journal of Health Care Law and Policy

No abstract provided.


Dispute Resolution And Dementia: Seeking Solutions, Erica F. Wood Jan 2001

Dispute Resolution And Dementia: Seeking Solutions, Erica F. Wood

Georgia Law Review

With the rise in dementia, 2nd and 3rd party disputes will be more frequent. The elderly population with cognitive impairments is growing rapidly. By 2030, the population aged 65 years and older is expected to reach 70 million, more than double the number in 1998.1 Moreover, the older population itself is getting older. While a decline in mental function is not an inevitable part of the normal aging process, the likelihood of dementia or related brain disorders increases with advancing age. The prevalence of dementia doubles every five years in the elderly, growing from a disorder that affects one percent …


Conference Participants Jan 2001

Conference Participants

Georgia Law Review

No abstract provided.


Is The Use Of Mediation Appropriate In Adult Guardianship Cases?, Mary F. Radford Jan 2001

Is The Use Of Mediation Appropriate In Adult Guardianship Cases?, Mary F. Radford

Faculty Publications By Year

No abstract provided.


Dementia And Alzheimer's Disease: An Overview, Peter V. Rabins Jan 2001

Dementia And Alzheimer's Disease: An Overview, Peter V. Rabins

Georgia Law Review

Dementia is a syndromic diagnosis defined by three criteria: cognitive decline, multiple impairments, normal level of consciousness. It is an acquired disorder characterized by multiple impairments of cognition (distinct elements of intellectual processing such as memory, abstraction, judgment, and language) occurring in an individual who is fully alert and attentive. It is now known that at least seventy-five distinct diseases can present as this syndrome and that most of these diseases have specific syndromic patterns that allow clinicians to distinguish among them.


Recommendations Of The Joint Conference Jan 2001

Recommendations Of The Joint Conference

Georgia Law Review

Health-care and financial planning for the client with diminished capacity requires a holistic approach that includes consideration of the realities of dementia progression, cultural and linguistic diversity, capacity that may vary over time, issues of surrogate decision making, and recognition of the client's vulnerability to abuse, neglect, exploitation and undue influence. A goal of legal planning should be to limit the use of guardianship to the greatest extent possible.


Caring For The Elderly: Oregon's Pioneers (Portland, Oregon), Nora Super, Lisa Sprague Nov 2000

Caring For The Elderly: Oregon's Pioneers (Portland, Oregon), Nora Super, Lisa Sprague

National Health Policy Forum

This site visit looked at the continuum of care for its elderly and disabled citizens in the first state ever to secure Section 1915(c) and (d) waivers under Medicaid to support home- and community-based services. More than three-quarters of Oregon's Medicaid clients now receive care in these settings. 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 strategies and partnerships focused on alleviating workforce shortages and highlighted Oregon nurses' authority to delegate certain caregiving tasks to laypeople. Multnomah County staff described county-level activities, especially …


Another Trip Into The Great Swamp: The Seventh Circuit’S Preemption Of The Illinois Unclaimed Property Act Under Erisa, Robert Simpson Oct 2000

Another Trip Into The Great Swamp: The Seventh Circuit’S Preemption Of The Illinois Unclaimed Property Act Under Erisa, Robert Simpson

Connecticut Insurance Law Journal

No abstract provided.


In Practice, [V. 1, No. 1], Fall 2000 Sep 2000

In Practice, [V. 1, No. 1], Fall 2000

In Practice

No abstract provided.


Site Visit To Seattle — University Of Washington Academic Medical Center, Karen Matherlee Apr 2000

Site Visit To Seattle — University Of Washington Academic Medical Center, Karen Matherlee

National Health Policy Forum

The event was part of a series of three site visits leading to an April 27–28, 2000, conference in Annapolis, Maryland, on hospital-based health care systems in transition after enactment of the Balanced Budget Act of 1997 (BBA) and the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (BBRA). The site visit focused on the challenges the University of Washington (UW) faces in carrying out its three missions of delivery of health services (with emphasis on the safety net), health professions education, and health science and clinical research. It probed the effects of the BBA on these missions …


Nursing Home Residents And The New California Health Care Decisions Law, David M. English, Rebecca C. Morgan Apr 2000

Nursing Home Residents And The New California Health Care Decisions Law, David M. English, Rebecca C. Morgan

Faculty Publications

This article explores issues involving advance directives made by nursing home residents, both prior to and during their stay in a facility, including the frequency of making directives, the reasons why residents fail to make directives, and the reasons why facilities often fail to honor them. Specifically, this article examines these issues in light of the 1999 California Health Care Decisions Law, effective July 1, 2000, and focuses on how this new statute can be used to empower nursing home residents, and adults more generally, to take control of decisions regarding their own health care.


Site Visit To Detroit — Henry Ford Health System, Lisa Sprague Mar 2000

Site Visit To Detroit — Henry Ford Health System, Lisa Sprague

National Health Policy Forum

This event was one in a series of three site visits leading to an April 27–28, 2000, conference in Annapolis, Maryland, on hospital-based health care systems in transition after the enactment of the Balanced Budget Act of 1997 (BBA) and the Medicare, Medicaid, SCHIP Balanced Budget Refinement Act of 1999 (BBRA). The site visit explored the responses of a large integrated system, the Henry Ford Health System, to the BBA and how the BBA has interacted with other changes in the system's local market and state Medicaid program. Panel presentations highlighted financing and information systems, the integration of diversified services, …


Site Visit To Richmond And Hampton Roads — Bon Secours Health System, Inc., Nora Super Mar 2000

Site Visit To Richmond And Hampton Roads — Bon Secours Health System, Inc., Nora Super

National Health Policy Forum

The first in a series of three site visits leading to an April 27–28, 2000, conference in Annapolis, Maryland, on hospital-based health care systems in transition after the enactment of the Balanced Budget Act of 1997 (BBA) and the Medicare, Medicaid, SCHIP Balanced Budget Refinement Act of 1999 (BBRA). The site visit was designed to better understand how changing payment incentives — particularly the move to prospective payment systems for postacute services — has affected the ability to implement a continuum of care across delivery sites. It examined the Bon Secours Health System's operations in Virginia, which include four hospitals …


You Can't Always Get What You Want: Presidential Elections And Supreme Court Appointments, Paul Finkelman Mar 2000

You Can't Always Get What You Want: Presidential Elections And Supreme Court Appointments, Paul Finkelman

Tulsa Law Review

No abstract provided.


Law & Health Care Newsletter, V. 7, No. 2, Spring/Summer 2000 Jan 2000

Law & Health Care Newsletter, V. 7, No. 2, Spring/Summer 2000

Law & Health Care Newsletter

No abstract provided.


Adapting Unitary Principles Of Professional Responsibility To Unique Practice Contexts: A Reflective Model For Resolving Ethical Dilemmas In Elder Law, Joseph A. Rosenberg Jan 2000

Adapting Unitary Principles Of Professional Responsibility To Unique Practice Contexts: A Reflective Model For Resolving Ethical Dilemmas In Elder Law, Joseph A. Rosenberg

Loyola University Chicago Law Journal

No abstract provided.


Book Review - Long-Term Care Advocacy, By Eric M. Carlson, Matthew Bender & Co., New York And San Francisco, 1999, Jan Ellen Rein Jan 2000

Book Review - Long-Term Care Advocacy, By Eric M. Carlson, Matthew Bender & Co., New York And San Francisco, 1999, Jan Ellen Rein

McGeorge Law Review

No abstract provided.


Nursing Home Residents And The New California Health Care Decisions Law, David M. English, Rebecca C. Morgan Jan 2000

Nursing Home Residents And The New California Health Care Decisions Law, David M. English, Rebecca C. Morgan

McGeorge Law Review

No abstract provided.


Adapting Unitary Principles Of Professional Responsibility To Unique Practice Contexts: A Reflective Model For Resolving Ethical Dilemmas In Elder Law, Joe Rosenberg Jan 2000

Adapting Unitary Principles Of Professional Responsibility To Unique Practice Contexts: A Reflective Model For Resolving Ethical Dilemmas In Elder Law, Joe Rosenberg

Publications and Research

No abstract provided.


Aging, Rights, And Quality Of Life: Prospects For Older People With Developmental Disabilities, Mark C. Weber Jan 2000

Aging, Rights, And Quality Of Life: Prospects For Older People With Developmental Disabilities, Mark C. Weber

Loyola University Chicago Law Journal

No abstract provided.


Quality Of Care And Quality Of Life In Nursing Facilities: What's Regulation Got To Do With It, Marshall B. Kapp Jan 2000

Quality Of Care And Quality Of Life In Nursing Facilities: What's Regulation Got To Do With It, Marshall B. Kapp

McGeorge Law Review

No abstract provided.


Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble Jan 2000

Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble

UIC Law Review

No abstract provided.


Comments: Hospital Mergers Versus Consumers: An Antitrust Analysis, Nicole Harrell Duke Jan 2000

Comments: Hospital Mergers Versus Consumers: An Antitrust Analysis, Nicole Harrell Duke

University of Baltimore Law Review

No abstract provided.


The Bar Strikes Back: The Aba's Misguided Quash Of The Mdp Rebellion, Stuart S. Prince Jan 2000

The Bar Strikes Back: The Aba's Misguided Quash Of The Mdp Rebellion, Stuart S. Prince

American University Law Review

No abstract provided.


Regulating The Sweepstakes Industry: Are Consumers Close To Winning?, Julie S. James Jan 2000

Regulating The Sweepstakes Industry: Are Consumers Close To Winning?, Julie S. James

Santa Clara Law Review

No abstract provided.