Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Said I, But You Have No Choice: Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi Weinstein Jan 2016

Said I, But You Have No Choice: Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper addresses a remarkably under-considered topic: the ethical standards for lawyers representing persons with mental disabilities. Although there is an extensive body of literature endorsing “zealous advocacy” as the standard for the criminal defense lawyer in “ordinary” cases, there is virtually no literature (or case law) on this question in this context.

Our thesis is simple. We reject the model of “paternalism/best interests” that is regularly substituted for a traditional legal advocacy position, and a substitution that is rarely questioned. We believe this presumption flies in the face of statutory law, constitutional law, and international human rights law, and …


Elder Abuse And The Court System: Oil And Vinegar, Bernard A. Krooks, Elizabeth Valentin Jul 2015

Elder Abuse And The Court System: Oil And Vinegar, Bernard A. Krooks, Elizabeth Valentin

Articles & Chapters

No abstract provided.


Happy 65th Birthday: What Now?, Peter J. Strauss Jan 2011

Happy 65th Birthday: What Now?, Peter J. Strauss

Articles & Chapters

No abstract provided.


Insurance Coverage For Long Term Care Expenses, Peter J. Strauss Jan 1993

Insurance Coverage For Long Term Care Expenses, Peter J. Strauss

Articles & Chapters

No abstract provided.


Elder Law In The Nineties, Peter J. Strauss Jan 1993

Elder Law In The Nineties, Peter J. Strauss

Articles & Chapters

The need to reconsider estate planning, placing a greater emphasis on life planning, is the theme of Peter J Strauss's essay. He provides an overview of the status of the elderly in the United States and reminds the reader that the legal profession has not yet adequately addressed the needs of this segment of the population. The life planning components are discussed and corporations are urged to attend to such employee planning needs so as to enhance productivity at work and to improve the quality of their employees' lives.


Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss Jan 1992

Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss

Articles & Chapters

No abstract provided.


Ethical Issues In Decision Making, Peter J. Strauss, Nancy Neveloff Dubler Jan 1986

Ethical Issues In Decision Making, Peter J. Strauss, Nancy Neveloff Dubler

Articles & Chapters

No abstract provided.


The Human Rights Of The Aged: An Application Of The General Norm Of Nondiscrimination, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen Jan 1976

The Human Rights Of The Aged: An Application Of The General Norm Of Nondiscrimination, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.