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2012

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Articles 241 - 270 of 1378

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Ethical Issues In Representing Husbands And Wives In Estate Planning, Barbara Freedman Wand Aug 2012

Ethical Issues In Representing Husbands And Wives In Estate Planning, Barbara Freedman Wand

Marquette Elder's Advisor

The article discusses the ethical considerations for attorneys representing husbands and wives with potential conflicts of interest. It discusses several common situations that by their very nature raise potential conflicts of interest between the spouses when they consider estate planning. These situations include prenuptial agreements, blended families, and inherited wealth.


What Is A Certified Elder Law Attorney?, Andrew H. Hook Aug 2012

What Is A Certified Elder Law Attorney?, Andrew H. Hook

Marquette Elder's Advisor

Hook gives an overview of the inception and development of the Certified Elder Law Attorney (CELA) certification program. The article includes discussions on required education, the application process, cost, the application of legal malpractice standards of care, review classes, and the actual examination. (Samples of previous exam questions are included.) Court decisions on communications of specialty certification and modification of pertinent Model Rules (and state adaptations) are included.


The Communitarian Approach In The Elder Law Construct, A. Frank Johns Aug 2012

The Communitarian Approach In The Elder Law Construct, A. Frank Johns

Marquette Elder's Advisor

Johns suggests that the proposed revisions to the Model Rules do not go far enough in their approach to multiple party representations in elder law issues. He discusses initial client contact, formation of the client-lawyer relationship, client confidences in multiple representation, and intergenerational conflicts. Three interesting case studies are included to highlight the problems that can arise.


Remedying Financial Abuse By Agents Under A Power Of Attorney For Finances, Michele M. Hughes Aug 2012

Remedying Financial Abuse By Agents Under A Power Of Attorney For Finances, Michele M. Hughes

Marquette Elder's Advisor

Although financial elder abuse is often viewed as involving vulnerable victims, most victims are competent.


Multidisciplinary Practice Fails As Lawyers Declare The Legal Profession Is Not For Sale!, A, Frank Johns Aug 2012

Multidisciplinary Practice Fails As Lawyers Declare The Legal Profession Is Not For Sale!, A, Frank Johns

Marquette Elder's Advisor

During the past decade, there has been a call by lawyers and nonlawyers for multi-disciplinary practice. The ABA has issued its ruling and the ramifications are discussed in this article.


Cplr Art. 62: Ex Parte Attachment In An Action Based On Conversion Held Unconstitutional, St. John's Law Review Aug 2012

Cplr Art. 62: Ex Parte Attachment In An Action Based On Conversion Held Unconstitutional, St. John's Law Review

St. John's Law Review

No abstract provided.


Cplr 302(A)(1): Attorney Cannot Predicate Jurisdiction In Action Against Client On Attorney's Legal Services In State For Client, St. John's Law Review Aug 2012

Cplr 302(A)(1): Attorney Cannot Predicate Jurisdiction In Action Against Client On Attorney's Legal Services In State For Client, St. John's Law Review

St. John's Law Review

No abstract provided.


Cplr 217: Petitioner Must Commence Proceeding For Writ Of Prohibition Within A Time "Reasonably Necessary To Protect His Rights", St. John's Law Review Aug 2012

Cplr 217: Petitioner Must Commence Proceeding For Writ Of Prohibition Within A Time "Reasonably Necessary To Protect His Rights", St. John's Law Review

St. John's Law Review

No abstract provided.


The Quarterly Survey Of New York Practice Table Of Contents, St. John's Law Review Aug 2012

The Quarterly Survey Of New York Practice Table Of Contents, St. John's Law Review

St. John's Law Review

No abstract provided.


Daily Eastern News: August 17, 2012, Eastern Illinois University Aug 2012

Daily Eastern News: August 17, 2012, Eastern Illinois University

August

No abstract provided.


An Investigation Of Employee Engagement And Business Outcomes At An Engineering Services Firm, Preetinder Singh Gill Aug 2012

An Investigation Of Employee Engagement And Business Outcomes At An Engineering Services Firm, Preetinder Singh Gill

Master's Theses and Doctoral Dissertations

This research study investigated the constructs and dimensions of employee engagement and their relationship with business outcome data from 2009 to 2011 at a mid-sized engineering services firm and two of its business units. Employee engagement ratios, as defined by Crabtree (2004), for all entities studied were below that associated with world-class organizations. Survey items related to salary and compensation received low scores from both engaged and disengaged employees. Kruskal-Wallis’s median comparison tests revealed that many survey items varied over the period of three years for each entity studied. A factor analysis of companywide survey data yielded 5 dimensions of …


Education And Estate Planning, William Josh Ard Aug 2012

Education And Estate Planning, William Josh Ard

Marquette Elder's Advisor

No abstract provided.


Reimaging The Ombudsman: An Appraisal, Beth Eisendrath Aug 2012

Reimaging The Ombudsman: An Appraisal, Beth Eisendrath

Marquette Elder's Advisor

An ombudsman program can serve as a useful alternative to the court system for nursing-home residents. This article examines issues related to the ombudsman's role in long-term care facilities, including purpose, criticisms, and local and national recommendations


Ethics Of The Attorney In Medical Malpractice Litigation, Marshall B. Kapp Aug 2012

Ethics Of The Attorney In Medical Malpractice Litigation, Marshall B. Kapp

Marquette Elder's Advisor

In medical malpractice litigation, providing legal representation to older patients or their healthcare providers carriers significant ethical implication. However, there has been little scholarly or practical discussion of legal ethics concerning circumstances in which the medical malpractice plaintiff is an older person. The author sets forth a tentative outline of key issues that should be included in an analysis of legal ethics in the medical malpractice context, particularly when an older patient is involved.


Legislating Access To Adult Wards: Examining The Need To Narrow An Adult Ward's World, Melanie S. Mcneil Aug 2012

Legislating Access To Adult Wards: Examining The Need To Narrow An Adult Ward's World, Melanie S. Mcneil

Marquette Elder's Advisor

This article looks at recent legislation that has addressed access to adult wards.


Widow To Widow: Thoughtful, Practical Ideas For Rebuilding Your Life, Maureen A. Lokrantz Aug 2012

Widow To Widow: Thoughtful, Practical Ideas For Rebuilding Your Life, Maureen A. Lokrantz

Marquette Elder's Advisor

No abstract provided.


The Emerging Nexus Of Aging And Diversity: Implications For Public Policy And Entitlement Reform, Fernando Torres-Gil, Karra Bikson Moga Aug 2012

The Emerging Nexus Of Aging And Diversity: Implications For Public Policy And Entitlement Reform, Fernando Torres-Gil, Karra Bikson Moga

Marquette Elder's Advisor

This article examines the impending nexus of population aging and diversity in the United States. With the dramatic increase of older persons and minority and ethnic groups- particularly Hispanics- the intersection of these trends will have important consequences for all aspects of U.S. society, including public policy, legislation, retirement planning, and economics.


Due Process And The American Veteran: What The Constitution Can Tell Us About The Veterans‘ Benefits System, Michael Allen Aug 2012

Due Process And The American Veteran: What The Constitution Can Tell Us About The Veterans‘ Benefits System, Michael Allen

University of Cincinnati Law Review

No abstract provided.


Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes Aug 2012

Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes

Marquette Elder's Advisor

This thoughtful analysis of Maine's Adult Protective Services for the elderly encompasses statutes involved, services provided, those who can be served, required reporting, emergency interventions, and possible sources of funding. Methods for preventing abuse and exploitation are examined. Barnes discusses legal remedies concerning misappropriated funds as well as civil and criminal actions against abusers. The reasons for self neglect and refusal of care are also explored.


Serving Our Elders- Advocates And Adversaries, Stephanie Sue Stein Aug 2012

Serving Our Elders- Advocates And Adversaries, Stephanie Sue Stein

Marquette Elder's Advisor

While the Older Americans Act creates a remarkable structure under which various advocates can work together for the benefit of the elderly, situations can arise in which different viewpoints or interpretations of law can pit advocates against each other. Three case study examples are given. Stein acknowledges that different perspectives are inevitable and recommends working together instead of letting disputes escalate.


Grandparent Kinship Caregivers, Anna Leonard Aug 2012

Grandparent Kinship Caregivers, Anna Leonard

Marquette Elder's Advisor

With more children having grandparents as their primary caregivers, the informal nature of this relationship in the past is being transformed into a more formalized structure as public financial aid is needed by either the children or their grandparents or both. Leonard explores the difficulties grandparents encounter and the financial ramifications and legal options, including kinship foster care, which must be considered.


What's So Special About Medicare Advantage Special Needs Plans? Assessing Medicare Special Needs Plans For "Dual Eligibles", Alissa Halperin, Patricia Nemore, Vicki Gottlich Aug 2012

What's So Special About Medicare Advantage Special Needs Plans? Assessing Medicare Special Needs Plans For "Dual Eligibles", Alissa Halperin, Patricia Nemore, Vicki Gottlich

Marquette Elder's Advisor

In 2003 Medicare Part C became Medicare Advantage, which included provisions for Special Needs Plans (SNP's), which have significant implications for dual eligibles, persons eligible for both Medicare and Medicaid. The authors explore why SNP's are needed, their advantages to beneficiaries if properly set up, why many plans do not meet beneficiaries' needs as well as they might, and draw conclusions for improvement.


Policy And Custodial Grandparents, Carole B. Cox Aug 2012

Policy And Custodial Grandparents, Carole B. Cox

Marquette Elder's Advisor

In recent years there has been a rapid increase in a new type of American family, one in which grandparents have become the sole custodians of their grandchildren, raising them without any parent present. Government, through its policies, can play a major role in addressing the challenges that custodial grandparents face. This article discusses many of the key policies that impact the lives of custodial grandparents.


New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia Aug 2012

New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia

Touro Law Review

No abstract provided.


Unsung Survivors: Va Advocacy For The Spouses, Widows, And Children Of Elderly Veterans, Craig M. Kabatchnick, Jonathan B. Kelly Aug 2012

Unsung Survivors: Va Advocacy For The Spouses, Widows, And Children Of Elderly Veterans, Craig M. Kabatchnick, Jonathan B. Kelly

Marquette Elder's Advisor

No abstract provided.


Cplr 1102(A): Indigent Litigant In A Divorce Action Has No Constitutional Right To Assigned Counsel, St. John's Law Review Aug 2012

Cplr 1102(A): Indigent Litigant In A Divorce Action Has No Constitutional Right To Assigned Counsel, St. John's Law Review

St. John's Law Review

No abstract provided.


The Constitutional Challenge To Mandatory Retirement Statutes, John B. Mchugh Aug 2012

The Constitutional Challenge To Mandatory Retirement Statutes, John B. Mchugh

St. John's Law Review

No abstract provided.


Legal Service Plans--Coming Of Age, Gerald E. Singleton Aug 2012

Legal Service Plans--Coming Of Age, Gerald E. Singleton

St. John's Law Review

No abstract provided.


A Taxonomy Of State Court Personnel Management, James A. Gazell Aug 2012

A Taxonomy Of State Court Personnel Management, James A. Gazell

St. John's Law Review

No abstract provided.


Bankruptcy: The Legal Whipping Boy, Joseph V. Costa Aug 2012

Bankruptcy: The Legal Whipping Boy, Joseph V. Costa

St. John's Law Review

No abstract provided.