Digital Commons Network^™

#Freebritney: A Social Media Movement Shining A Light On Guardianship Abuse And Oversight, Nicole C. Palas

Hofstra Law Review

No abstract provided.

Degree Of Satisfaction Of Elderly About The Services Provided To Them In Social Care Houses In White Beds Association, Yousef Mohammed Al-Shurman, Ferdous Hasan Omari

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims at identifying the degree of satisfaction of the elderly about the (social, health, entertainment, psychological) services provided to them in social care houses. The sample of the study includes all residents of the White Beds Association for the care of the elderly in Amman. The researcher designed a questionnaire to use in the interviews with the elderly. The questionnaire has four items, and each item includes a group of questions about the service provided to them. The researcher interviewed all the members of the White Beds Association, whose health condition allowed this, (75 elderly people: 44 men …

Planning For An Aging Population: The Sustainability Conundrum, Sandi Rosenbloom

Journal of Comparative Urban Law and Policy

By 2030 more than one in four Americans will be 65 years of age or older. What role do city planning academics and practitioners play in planning for the inevitable and increasing aging of society? I examined original research and reviewed articles published in three major planning journals, reviewed the websites of ten Planning Accreditation Board (PAB) accredited planning programs, and evaluated the websites of the American Planning Association’s divisions and special interest groups to determine how each demonstrated or portrayed the value and importance of aging issues in planning scholarship, pedagogy, and practice. I found that these key pillars …

Telemedicine Across Borders: Entrenched Issues Exposed By Covid-19, Richmond B. Wrinkle

Georgia Journal of International & Comparative Law

No abstract provided.

Up In Smoke: Why Regulating Social Media Like Big Tobacco Won’T Work (Yet!), Ian Mckay

Notre Dame Law Review

Lawmakers, pundits, and tech executives’ assertion that social media should be regulated like tobacco in order to protect American teenagers is oversimplistic. While the comparison makes for a good sound bite for the press, the argument disregards the inherent differences between regulating a physical product that has no constitutional protection and a virtual product that can implicate both users’ and social media companies’ First Amendment rights. This paper will identify and analyze some of the main pillars of the tobacco regulatory scheme and apply them to social media products. In Part I, I will define social media and provide a …

Narrative Capacity, James Toomey

Elisabeth Haub School of Law Faculty Publications

The doctrine of capacity is a fundamental threshold to the protections of private law. The law only recognizes private decision-making—from exercising the right to transfer or bequeath property and entering into a contract to getting married or divorced—made with the level of cognitive functioning that the capacity doctrine demands. When the doctrine goes wrong, it denies individuals, particularly older adults, access to basic private-law rights on the one hand and ratifies decision-making that may tear apart families and tarnish legacies on the other.

The capacity doctrine in private law is built on a fundamental philosophical mismatch. It is grounded in …

Narrative Capacity, James Toomey

North Carolina Law Review

No abstract provided.

Reexamining The Application Of Duress And Necessity Defenses To Prison Escape In The Context Of Covid19, Bill Clawges

JCLC Online

The classic example of the necessity defense involves a prisoner escaping from a burning prison. Surely, the law would not require them to stay in the prison when doing so would put their life at an immediate and grave risk. This example epitomizes the purpose of the necessity defense; society would rather the prisoner survive and leave prison than die ablaze while obeying the letter of the law. In recent years, the difference between the two justification defenses of necessity and duress has become blurred, especially in cases involving prison escape. Both are equally applicable, and both are relevant in …

Social Security Benefits Continue To Fall Short Of Covering Cost Of Basic Needs For Older Americans, 2021, Jan Mutchler, Nidya Velasco Roldán

Center for Social and Demographic Research on Aging Publications

Social Security benefits fall short of what is required to cover the basic cost of living across the United States, according to new estimates based on the Elder Index, a county-by-county measure of the income older adults need to secure an independent lifestyle. Nationally, the average Social Security benefit covers just 68% of basic living expenses of housing, food, transportation, and health care for a single renter in 2021, and 81% for an older couple. The gap between Social Security benefits and what it takes to get by is especially problematic for older adults who rely largely or entirely on …

Transgender Rural Communities And Legal Rights To Gender-Affirming Health Care, Nathan R. Hamons, Valarie K. Blake

West Virginia Law Review

No abstract provided.

Revisiting The Visitor: Maine's New Uniform Probate Code & The Evolving Role Of The Court-Appointed Visitor In Adult Guardianship Reform, Lisa Kay Rosenthal

Maine Law Review

A judge may appoint a guardian for an adult who does not have the capacity to make decisions affecting their own health or welfare. However, the power of the guardian—while intended to serve a protective function—potentially invites financial, physical, and emotional abuse of the most vulnerable members of society. To help a probate judge understand the circumstances of a guardianship and the need for protection, probate courts in Maine appoint a “visitor” to interview both the person allegedly in need of a guardianship and the proposed guardian. The visitor submits a report to the court which contains the visitor’s observations, …

Collective Cognitive Capital, Emily R. D. Murphy

William & Mary Law Review

This Article calls for a new project for law and neuroscience. It outlines a structural, not individual, application of brain and behavioral science that is aligned with the general goal of basic science research: improving the lives of citizens with a better understanding of the human experience. It asks brain and behavioral science to move explicitly into public policy territory, and specifically onto ground more traditionally occupied by economists—but in ways the project of “behavioral economics” has not yet ventured. Put simply, policy analysts should focus on brains—“collective cognitive capital”—with the same intensity with which they focus on money, rights, …

Encounters Between The Elderly And Law Enforcement

Contemporary Southern Psychology

The elderly population is growing dramatically throughout the world. Out of this growth comes an increase in the number of encounters between the aged and law enforcement. These encounters occur because of a variety of factors including mental illnesses and addictions. Furthermore, older adults may be victims as evidenced in different forms of abuse such as physical, emotional, or financial abuse. Sadly, some documentation exists that older adults are committing more crimes. Multiple reasons have been postulated for these crimes including poverty, jealousy, and boredom. All of these different situations with the aged have created an increase in the number …

The Visualities And Aesthetics Of Prosecuting Aged Defendants, Mark Drumbl, Caroline Fournet

Scholarly Articles

The prosecution—whether domestic or international—of international crimes and atrocities may implicate extremely aged defendants. Much has been written about the legalisms that inhere (or not) in trying these barely alive individuals. Very little however has been written about the aesthetics the barely alive encrust into the architecture of courtrooms, the optics these defendants suffuse into the trial process, and the expressive value of punishing them. This is what we seek to do in this project.

Limiting The Boundaries Of Assisted Reproductive Technology And Physiological Autonomy, George P. Smith Ii

Scholarly Articles

This essay examines, critically, the wide successes of assisted reproductive technology (ART). With these successes have come concerns regarding its potential advancement of the boundaries of fecundity and of new levels of physiological freedom. One particular advancement involves efforts to utilize a phenomenon of nature termed parthenogenesis, or asexual reproduction. The potential for adapting this occurrence as a form of assisted reproduction is of particular interest for members of the LGBTQ community, holding great promise for embryo research and regenerative medicine. Parthenogenetic embryos could be derived from unfertilized human eggs and, thus, blunt--if not resolve--ethical concerns over experimentation on human …

Loneliness In Covid-19, Life, And Law, Olivia Ash, Peter H. Huang

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Fourth National Guardianship: An Introduction, David M. English

Faculty Publications

This issue of the Syracuse Law Review contains the proceedings of the Fourth National Guardianship Summit, an interdisciplinary online conference with some 125 participants which was held in May 2021 and hosted by the Syracuse University College of Law. In addition to this Introduction, this issue of the Law Review contains the Recommendations approved by the Summit attendees, and the articles prepared for the Summit. The theme of the Fourth Summit was Maximizing Autonomy and Ensuring Accountability. The Recommendations fit this theme, including Recommendations to enhance the rights of persons subject to guardianship, to improve and increase the use of …

Reconnecting The Patient: Why Telehealth Policy Solutions Must Consider The Deepening Digital Divide, Laura C. Hoffman

Law Faculty Articles and Essays

This Article will attempt to untangle the complicated web of providing telehealth to those populations it is potentially capable of further alienating from access to healthcare including: 1) race/minority populations, 2) aging adults, 3) individuals with disabilities, 4) non-English speakers, 5) individuals living in rural areas, 6) socioeconomic class, and 7) children, in order to advance the argument that telehealth can be successful in providing healthcare access to these populations. Rather than suggesting that telehealth simply "cannot work" for these populations, instead consideration can and must meet these individuals through technology, access, and policy developments.

First, this Article will explain …

Bostock And Contact Theory: How Will A Single U.S. Supreme Court Decision Reduce Prejudice Against Lgbtq People?, Mantas Grigorovicius

Indiana Law Journal

In 1954, Gordon Allport, one of the nation’s leading social psychologists, laid out a hypothesis explaining how prejudice could be reduced by intergroup contact. Decades later, his hypothesis became a theory with thousands of research hours behind it. Under contact theory, one of the factors that facilitates a reduction in prejudice between two groups is support of authorities or law. This Comment focuses on Bostock v. Clayton County, a recent Supreme Court decision holding that Title VII prohibits discrimination based on sexual orientation. Allport suggested that antidiscrimination laws help to “lead and guide the folkways,” and this Comment explores how …

Plotting A Future For Integrated Care, Christina Principe

Student Works

No abstract provided.

Resuciating Consent, Megan S. Wright

Faculty Scholarship

The scholarly focus on autonomy in healthcare decision making largely has been on information about, rather than consent to, medical treatment. There is an assumption that if a patient has complete information and understanding about a proposed medical intervention, then they will choose the treatment their physician thinks is best. True respect for patient autonomy means that treatment refusal, whether informed or not, should always be an option. But there is evidence that healthcare providers sometimes ignore treatment refusals and resort to force to treat patients over their contemporaneous objection, which may be facilitated by the incapacity exception to informed …

Diversity's Pandemic Distractions, Jonathan Kahn

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Protective Orders And Limited Guardianships: Legal Tools For Sidelining Plenary Guardianship, David M. English, Nina Kohn

Faculty Publications

By encouraging use of limited guardianships and protective orders instead of full guardianships, states can reduce the likelihood of unnecessarily stripping adults of their civil rights. Yet, although such less restrictive alternatives have long been available to most courts, in practice, their use remains limited and sporadic. This article argues that this lack of use suggests that it is not sufficient for the law to state a preference for these less restrictive alternatives, it must actually create systems that incentivize their use and actively discourage the use of full guardianships. This article then shows, using the Uniform Guardianship, Conservatorship, and …

Charitable Organizations In Singapore: From Clan Based To State Facilitated Endeavors, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Singapore, with a five million population, has a vibrant charitable sector with over 2000 registered charities attracting approximately USD$2.18 billion in annual donations. How did Singapore’s charitable sector achieve its current level when it has been, in the past, segregated along mainly religious, race and clan-based communities? This paper explores this question by piecing together the current ecosystem, regulatory and tax infrastructure which facilitates the charitable sector in Singapore. Central to the development of the charitable sector has been the Singapore government’s role of being a gatekeeper, regulator and enabler of charities. In analysing the government’s role in the charitable …

Aging, Health, Equity, And The Law: Foreword, Joan C. Foley

Touro Law Review

No abstract provided.

Property Law For The Ages, Michael C. Pollack, Lior Jacob Strahilevitz

William & Mary Law Review

Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for decades for the ways in which it oppresses or simply leaves behind people based on their race, sex, Native heritage, and more. This Article contributes a new focus on property law’s treatment of people based on their advanced age. Burdened by higher relocation costs, more …

Property Law For The Ages, Michael C. Pollack, Lior Jacob Strahilevitz

Articles

Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for decades for the ways in which it oppresses or simply leaves behind people based on their race, sex, Native heritage, and more. This Article contributes a new focus on property law’s treatment of people based on their advanced age. Burdened by higher relocation costs, more …

Advance Care Planning Within Individualized Care Plans: A Component Of Emergency Preparedness, Heather L. Church, Christina Marsack-Topolewski, Jacqueline M. Mcginley, Victoria Knoke

Developmental Disabilities Network Journal

Federally-legislated Medicaid requirements for recipients with intellectual and/or developmental disabilities (IDD) to have a person-centered plan (PCP) do not specifically require that advanced care plans (ACP) be a component of the plan. However, coronavirus disease 2019 (COVID-19) has provided a salient reminder of the importance of incorporating ACP within the PCP for people who have IDD. As demonstrated by situations arising from COVID-19, emergencies and crises can dramatically alter access to care for people with IDD. This paper synthesizes results from an environmental scan related to ACP for adults with IDD. Findings suggest that the use of ACP, particularly when …

Another Measure Of Success: Examining The Success Sequence And Its Possible Utility In Crime Prevention, Andrew T. Heath

Liberty University Law Review

No abstract provided.

Led Zeppelin, “Stairway To Heaven,” And Cognitive Aging: Implications For Laches In The Copyright Context, John M. Mccormick-Huhn

Nevada Law Journal

No abstract provided.