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Full-Text Articles in Law

He Said, She Said: Assessing The Post-Colonial Legacy On Somalia’S Rape Laws, Natalia W. Nyczak Jan 2023

He Said, She Said: Assessing The Post-Colonial Legacy On Somalia’S Rape Laws, Natalia W. Nyczak

Emory International Law Review

Most jurisdictions have adopted changes in legislation within the past fifty years that reflect the evolution and advancement of women’s legal rights. Somalia, however, has not undergone a significant change in its legal regime since the 1960s. Somalia’s penal code and criminal procedure code are based on laws that were written in the late 1800s to early 1900s. When it comes to rape, judges harbor the beliefs that women must “put up a fight” against their assailants and doubt the inherent trustworthiness of women. These prevailing gender myths prevent women from accessing justice and infringe on their rights to equality …


Hb 803 - Crimes And Offenses, Scott P. Robertson, Sharnell S. Simon Dec 2018

Hb 803 - Crimes And Offenses, Scott P. Robertson, Sharnell S. Simon

Georgia State University Law Review

The Act criminalizes the trafficking of elders, disabled adults, and residents for the purpose of appropriating their resources, such as Social Security and disability benefits. According to the Act, this conduct constitutes a felony and those convicted could serve up to twenty years in prison or receive a fine of up to $100,000, or both. The Act defines relevant terms, exempts physicians and other health care providers who act pursuant to lawful authorization, and repeals all conflicting laws.


Guardianship Reform Revisited After 10 Years, Andrew P. Brusky Aug 2012

Guardianship Reform Revisited After 10 Years, Andrew P. Brusky

Marquette Elder's Advisor

Over the past ten years, many states have revised their guardianship laws to address such problems as due process inadequacies, ineffective monitoring of guardians, and reliance on medical conclusions to determine legal findings. Brusky discusses the changes in guardianship law and legislative changes accommodating durable powers of attorney, living wills, and other medical declarations that provide an alternative to traditional guardianships.


When A Person Wants To Die: Legal Considerations, Charles F. Mckhann Aug 2012

When A Person Wants To Die: Legal Considerations, Charles F. Mckhann

Marquette Elder's Advisor

Individuals throughout the nation are examining their personal options to determine end-of-life decisions. This article examines the medical reasons why people may want to die, the legal background and current status of existing laws, the various options open to the terminally ill person (voluntary dehydration, suicide, assisted dying, euthanasia, and the double effect), and the role of the legal counselor.


Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah Aug 2012

Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah

Marquette Elder's Advisor

The National Academy of Elder Law Attorneys is an organization with an agenda. This advocacy group works to improve legislation affecting its professionals and their clients.


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.


Grandparent Visitation Legislation: The Controversy Didn't Begin Or End With Troxel V. Granville, Randall E. Doyle Aug 2012

Grandparent Visitation Legislation: The Controversy Didn't Begin Or End With Troxel V. Granville, Randall E. Doyle

Marquette Elder's Advisor

The Supreme Court case Troxel v. Granville assured the states the definitive say in grandparents' visitation rights. It also endorsed the traditional right of the parent or parents to decide who their children visit. What paths will the state courts take? This article reviews state statues and decisions for the winning arguments that might influence courts in the future.


Defined Contribution Health Plans: Ready Or Not, Here They Come, Caryn Cucuta Aug 2012

Defined Contribution Health Plans: Ready Or Not, Here They Come, Caryn Cucuta

Marquette Elder's Advisor

Defined contribution health coverage has been discussed for a number of years no response from the market. Now however, it looks as though employers may be ready to make the move to such plans. This article discusses the market and legislative influences that are making this switch more attractive to employers, and outlines various defined contribution plan models.


Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson Aug 2012

Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson

Marquette Elder's Advisor

This article presents an in-depth exploration of the view that family ties and relationships should play an important role in determining grandparent-grandchild visitation rights, based on the important role of the extended family throughout recorded history. Atkinson postulates that post-Troxel visitation decisions should include increased consideration of the value to the child of grandparent visitation.


Mandatory Reporting Of Suspected Elder Abuse And Neglect: A Practical And Ethical Evaluation Stephen G. Coughlan, Barbara Downe-Wamboldt, Robert G. Elgie, Joan Harbison, Pat Melanson, Marina Morrow Apr 1996

Mandatory Reporting Of Suspected Elder Abuse And Neglect: A Practical And Ethical Evaluation Stephen G. Coughlan, Barbara Downe-Wamboldt, Robert G. Elgie, Joan Harbison, Pat Melanson, Marina Morrow

Dalhousie Law Journal

The Province of Nova Scotia, in keeping with a growing North American trend, has enacted the Adult Protection Act, a law which makes the reporting of elder abuse mandatory in certain instances. This article examines the practical and ethical justifications for such a law and discusses whether scarce public funding and resources might be better allocated in a different manner to combat this serious, but somewhat misconceived, problem. The authors conclude that the legislation may be inappropriate, since from a practical perspective it is unlikely to alter current behaviour and from an ethical perspective, it is unclear that all ethical …