Digital Commons Network^™

Community-Based Long-Term Care In Milwaukee: Wisconsin Still Ahead, Judith D. Moore, Carol O'Shaughnessy, Lisa Sprague

National Health Policy Forum

The National Health Policy Forum has made two site visits to Wisconsin in two years. The first, in August 2007, focused on an overview of Family Care, the state's managed long-term care program, and looking at service delivery in a rural setting. The August 2008 site visit focused on the operations of MCOs and Family Care service providers in the urban environment of Milwaukee. Issues examined included the link between housing and social services, care management, capitation and rate-setting, measuring quality, and integrating people with disabilities into a program that initially targeted the elderly.

Using Your Tribal Values To Develop An Elder Protection Code: A Step-By-Step Guide For Communities, 2nd Edition, Tribal Elder Abuse Task Force

Tribal Voices (Events)

The Elder Abuse Task Force organized in 2005 to address elder abuse in New Mexico tribes and Pueblos. Through many meetings and discussions, the Task Force realized that rather than develop a model code; a process was needed by which the tribes and Pueblos of New Mexico could develop a code specific to a community’s governance, traditions, and values. Since the process may be applied to many different communities, the Task Force hopes that this workbook will be a resource used throughout Indian Country.

The purpose of this workbook is to protect elders from abuse in their communities. This workbook …

The Fundamentals Of Medicare Demonstrations, Amanda Cassidy

National Health Policy Forum

Demonstrations are experiments that test Medicare policy changes without permanently changing the Medicare program. They allow policymakers to learn about the potential impact and operational challenges of a proposed modification to Medicare, but in a more controlled environment and on a limited basis. Since demonstrations can affect hundreds of thousands of beneficiaries and providers and involve millions of dollars, they are often controversial. This paper describes the basics of Medicare demonstrations, including what they are, how they are initiated, and why they are undertaken. The paper also explores the relationship between demonstrations and other research projects. The primary challenges in …

Mid-Atlantic Ethics Committee Newsletter, Summer 2008

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Patents And Traditional Medicine: Digital Capture, Creative Legal Interventions And The Dialectics Of Knowledge Transformation, Chidi Oguamanam

Indiana Journal of Global Legal Studies

This article examines the debate over the exclusion of indigenous or local knowledge forms from the global intellectual property system, and some of the current attempts to solve this problem. Using the lens of cultural cosmopolitanism, the article highlights important trends in the dialectics of developing countries' engagement with intellectual property and other collateral knowledge protection systems. The three sites at which this significant development is unfolding are: (1) the digitization of traditional medicinal knowledge through India's traditional knowledge digital library (TKDL) project; (2) a recent attempt at incorporating innovations in Chinese Herbal Medicine (CHM) in Taiwanese patent law; and …

Street Children And U.S. Immigration Law: What Should Be Done, Laura P. Wexler

Cornell International Law Journal

No abstract provided.

The Myth Of The ‘Opportunity To Read’ In Contract Law, Omri Ben-Shahar

Coase-Sandor Institute for Law & Economics Research Paper Series

Standard form contracts in consumer transactions are usually not read by consumers. This "unreadness" of contracts creates opportunities for drafters to engage in unfair trade practices. Various doctrines of contracts and consumer protection law address this concern. One of the prominent solutions coming out of recent proposals for reform is to give individuals a more substantial opportunity to read the contract before manifesting assent. With the greater opportunity to read, more transactors will actually read the terms and assent to the boilerplate will be more "robust." This Essay argues that solutions that focus on providing consumers an opportunity to read …

Remembrance Of Lives Past: The Challenge Of Addressing Epigenetic Risk In Society, Fazal Khan

Popular Media

Do our ancestors’ experiences from several generations ago play a role in our current health? Could a famine or a period of food abundance experienced by our grandfathers affect whether we are currently obese or likely to develop diabetes? Can being the grandchildren of those who suffered through genocide or intense racial discrimination affect levels of certain chemicals in our brains even if we are not exposed to the same social stresses? In other words, do we biologically inherit the “memories” of past generations independent of changes to our ancestors’ genetic code or DNA? Assistant Professor Fazal Khan explores how …

Holding The U.S. Accountable: How American Health Care Fails To Meet International Human Rights Standards, Jeanne Connolly Carmalt

City University of New York Law Review

No abstract provided.

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Wisconsin, Jan E. Mutchler, Alison Gottlieb, Ellen A. Bruce, Laura Henze Russell

Gerontology Institute Publications

This report addresses income adequacy for Wisconsin’s older adults using the WOW-GI Elder Economic Security Standard Index (the Index) methodology. The Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

"Carhart", Constitutional Rights, And The Psychology Of Regret, Chris Guthrie

Vanderbilt Law School Faculty Publications

In "Gonzales v. Carhart", the Supreme Court upheld the Partial-Birth Abortion Ban Act. In so doing, the Court used the prospect of regret to justify limiting choice. Relying on empirical evidence documenting the four ways in which regret actually operates, this Article argues that the Court's analysis reflects a fundamental misunderstanding of the psychology of regret. By exposing the Court's misunderstanding of this emotion, this article seeks to minimize the most significant risk posed by the Carhart decision: that states will use the prospect of regret to justify additional constraints not only on the abortion right but also on other …

Unh Law Alumni Magazine, Summer 2008, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Financing Long-Term Care In Missouri: Limits And Changes In The Wake Of The Deficit Reduction Act Of 2005, Julia M. Hargraves

Missouri Law Review

The expense of long-term care, intensified by an aging population, has contributed to a nationwide financial strain on the Medicaid program, complicating the already difficult tasks of medical and fiscal planning for the elderly. Missouri's elderly population is substantial, the state having ranked 14d' in the country for the number of residents over age 65 in 2000. These senior citizens face the prospect of paying for long-term care, and many of them will rely on Medicaid for all or part of the cost. Medicaid is the primary taxpayer-funded program that finances long-term care. Current projections suggest that the cost of …

When The Flock Ignores The Shepherd-Corralling The Undisclosed Use Of Video News Releases, Jeffrey Peabody

Federal Communications Law Journal

Every time you sit down to watch the evening news, you see not only locally produced stories, but also pre-packaged, corporate-sponsored "video news releases" ("VNRs") that are nothing more than commercials in disguise. Unlike political advertising, which must comply with strict sponsorship identification rules, these VNRs remain unregulated. This Note discusses the failed "Truth in Advertising Act," and proposes mandatory disclosure and beefed-up enforcement as necessary steps in stemming the growing use of these "fake news" spots

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Illinois, Laura Henze Russell, Ellen A. Bruce

Gerontology Institute Publications

This report will address the question of income adequacy for Illinois’ older adults using the national WOW-GI National Elder Economic Security Standard Index (the Index) methodology. The Index will benchmark basic costs of living for elder households. It will illustrate how costs of living vary geographically and are based on the characteristics of elder households: household size, homeownership or renter, mode of transportation, and health status. The costs are for basic needs of elder households; they are based on market costs and do not assume any subsidies.

Medical Futility: Can A Physician Unilaterally Terminate Treatment For A Patient When He Believes Further Measures To Be Futile?, Drew Timmons

Law Library Student-Authored Works

No abstract provided.

Arbitration And Article Iii, Peter B. Rutledge

Vanderbilt Law Review

Arbitration implicates serious constitutional concerns that have not received adequate attention in case law or commentary. Recent litigation in the D.C. Circuit over the constitutionality of the North American Free Trade Agreement ("NAFTA") represents the most recent, high-profile example. A centerpiece of NAFTA and its implementing legislation is an arbitration mechanism that divests Article III courts of virtually all jurisdiction over countervailing duty and anti-dumping claims and invests that authority in panels of Associate Professor of Law, Columbus School of Law, Catholic University of America. Arbitration implicates serious constitutional concerns that have not received adequate attention in case law or …

Vol. 6, No. 02 (May/June 2008)

Indiana Law Update

No abstract provided.

The Integrated Law School Practicum: Synergizing Theory And Practice, Susan R. Martyn, Robert S. Salem

Louisiana Law Review

No abstract provided.

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Pennsylvania, Laura Henze Russell, Ellen A. Bruce

Gerontology Institute Publications

This report will address the question of income adequacy for Pennsylvania’s older adults using the WOW-GI National Elder Economic Security Standard Index (the Index) methodology. The Index will benchmark basic costs of living for elder households. It will illustrate how costs of living vary geographically and are based on the characteristics of elder households: household size, homeownership or renter, mode of transportation, and health status. The costs are for basic needs of elder households; they are based on market costs and do not assume any subsidies.

Jumping On The Next Bandwagon: An Overview Of The Policy And Legal Aspects Of The Local Food Movement, Marne Coit

Journal of Food Law & Policy

This article is an exploration of this new and growing local food movement. It is not a cohesive movement, nor is it one that is organized by a particular group. Rather, it is a grassroots movement comprised of people who are interested, for various reasons, in obtaining food grown or produced where they live or in producing this food themselves. The purpose of this article is to explore what the local food movement is, why consumers are interested in basing their food purchasing choices on where their food originates, current and future regulation of local food, and where this movement …

Journal Of Food Law & Policy - Spring 2008, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Dangerous Interpretations Of The Precautionary Principle And The Foundational Values Of European Union Food Law: Risk Versus Risk, Miguel A. Recuerda

Journal of Food Law & Policy

In their ordinary lives, many people try to avoid any situation involving risk that could cause themselves harm. On the other hand, others assume risk with greater facility because they are not sufficiently aware of it, or because they know that the probability of resulting damage is very low. Overwhelming worry in the face of any kind of risk would be paralyzing (we would not leave the house, eat in any restaurant outside of our home, drive, or fly). On the contrary, an attitude absolutely heedless of risks would end up causing innumerable damages, some of them irreparable. Common sense …

Disestablishing "The Last Plantation": The Need For Accountability In The United States Department Of Agriculture, Seth L. Ellis

Journal of Food Law & Policy

The United States Department of Agriculture (USDA) was signed into law by President Abraham Lincoln in 1862. At the signing ceremony, President Lincoln declared the Department of Agriculture to be the "people's Department" because he said it governed an industry "in which [citizens felt] more directly concerned than in any other. .. ." Today, many American citizens do not share Abraham Lincoln's view of the USDA as being the "people's Department"; rather, they identify it as being "the last plantation" due to its long history of open discrimination against African-American farmers. While this discrimination has occurred throughout America's history, perhaps …

United States Food Law Update: Food Safely Planning, Attribute Labeling, And The Irradiation Debate, Bryan Endres

Journal of Food Law & Policy

This article summarizes significant changes and developments in food law throughout the second half of 2007. The previous edition of the Food Law Update noted the recent increase in imported food and the resulting stress placed on food safety agencies and customs officials. Detailed inspections of every food shipment entering the United States would quickly exhaust limited agency resources and cripple efficient international trade of food products. On the other hand, after several well-publicized food scares and the ongoing threat of international contamination, the public increasingly demands high levels of physical surveillance. As a part of this ongoing discussion, this …

Arbitration And Article Iii, Peter B. Rutledge

Scholarly Works

Does arbitration violate Article III? Despite the critical need for a coherent theory to answer this question, few commentators or courts have made serious attempts to provide one. For much of the country's history, federal courts conveniently could avoid this nettlesome question. Prior to the twentieth century, courts simply declined to enforce pre-dispute arbitration agreements as unenforceable attempts to appropriate their jurisdiction. From the early decades of the twentieth century (with the enactment of the Federal Arbitration Act (“FAA”) in 1925) through the 1960s, the non-arbitrability doctrine prevented arbitrators from resolving issues of federal statutory law. Notably, while both of …

European Union Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

The following European Union Food Law Update will address significant changes in European Union (EU) food law that occurred between 2006 and early 2008. The update will be different from the previous ones, as it will instead be organized by the subject areas addressed by the developments. The published regulations, proposals, cases, and other relevant news will thus be incorporated under their corresponding topic headings.

Aging Out Of Foster Care: Enforcing The Independent Living Program Through Contract Liability, Jennifer Sapp

Cardozo Law Review

No abstract provided.

The Aging Services Network: Accomplishments And Challenges In Serving A Growing Elderly Population, Carol O'Shaughnessy

National Health Policy Forum

In 1965, Congress enacted the Older Americans Act, establishing a federal agency and state agencies to address the social services needs of the aging population. The mission of the Older Americans Act is broad: to help older people maintain maximum independence in their homes and communities and to promote a continuum of care for the vulnerable elderly. In successive amendments, the Act created area agencies on aging and a host of service programs. The “aging services network,” broadly described, refers to the agencies, programs, and activities that are sponsored by the Older Americans Act. The Act’s funding for services is …

Mid-Atlantic Ethics Committee Newsletter, Spring 2008

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.