Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 28 of 28
Full-Text Articles in Law
Necessary Coverage For Authentic Identity: How Bostock Made Title Vii The Strongest Protection Against Employer-Sponsored Health Insurance Denial Of Gender-Affirming Medical Care., Jennifer A. Knackert
Necessary Coverage For Authentic Identity: How Bostock Made Title Vii The Strongest Protection Against Employer-Sponsored Health Insurance Denial Of Gender-Affirming Medical Care., Jennifer A. Knackert
Marquette Law Review
In June 2020, the United States Supreme Court held that Title VII
protection from discrimination on the basis of sex extended to LGBTQ+
employees. The Bostock v. Clayton County, Georgia decision dealt with three
separate cases where LGBTQ+ employees had been fired from their jobs based
on either their sexual orientation or gender identity. While the shared issue in
these cases had to do with employee termination, the textualist argument
presented by the Court leads many legal scholars to believe that the holding
would be applicable to other areas of employment discrimination covered by
Title VII such as employer-sponsored healthcare …
... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution
Marquette Law Review
None.
An Assessment Of Advance Directives In China: The "Coming Of Age" For Legal Regulation?, Yue An, Mimi Zou
An Assessment Of Advance Directives In China: The "Coming Of Age" For Legal Regulation?, Yue An, Mimi Zou
Marquette Benefits and Social Welfare Law Review
Advance directives (AD) are playing an increasingly important role in end-of-life medical care and treatment in ageing societies. A growing number of jurisdictions have introduced AD-related laws as a component of their medical and health care regulatory frameworks. This article presents an analytical account of why specific regulation on ADs has yet to develop in China, the most populous ageing society in the world. We argue that the regulatory vacuum to date can be partly explained by limited public demand, which can be further accounted by relatively low public awareness as well as the influence of traditional views on life-and-death …
America's Unraveling Safety Net: Emtala's Effect On Emergency Departments, Problems And Solutions, Tristan Dollinger
America's Unraveling Safety Net: Emtala's Effect On Emergency Departments, Problems And Solutions, Tristan Dollinger
Marquette Law Review
none
Health Care Decision Making In The Veterans Health Administration: The Legal Significance For Informed Consent And Advance Directives, Liliana Kalogjera Barry
Health Care Decision Making In The Veterans Health Administration: The Legal Significance For Informed Consent And Advance Directives, Liliana Kalogjera Barry
Marquette Elder's Advisor
No abstract provided.
Obstacles Faced By The Elderly Veteran, Craig M. Kabatchnick
Obstacles Faced By The Elderly Veteran, Craig M. Kabatchnick
Marquette Elder's Advisor
No abstract provided.
The Responsible Patient: The Senior's Obligation To Conserve Medical Resources, Jeffrey B. Hammond
The Responsible Patient: The Senior's Obligation To Conserve Medical Resources, Jeffrey B. Hammond
Marquette Elder's Advisor
No abstract provided.
Overutilization And Underutilization Of Preventive Services In Elderly Populations, A Conundrum , Freeman L. Farrow Md, Jd
Overutilization And Underutilization Of Preventive Services In Elderly Populations, A Conundrum , Freeman L. Farrow Md, Jd
Marquette Elder's Advisor
No abstract provided.
Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum
Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum
Marquette Elder's Advisor
No abstract provided.
The Economics Of Prevention And Medicare: The Challenge, Potential Solutions And Current Results, Adam Atherly Ph.D., Zhou Yang
The Economics Of Prevention And Medicare: The Challenge, Potential Solutions And Current Results, Adam Atherly Ph.D., Zhou Yang
Marquette Elder's Advisor
No abstract provided.
Chronic Care And Prevention: Evolution In Practice And Finance, John V. Jacobi
Chronic Care And Prevention: Evolution In Practice And Finance, John V. Jacobi
Marquette Elder's Advisor
No abstract provided.
Prevention Paradigms, Over-Diagnosis And Treatment, And Mad Men, Alison Barnes
Prevention Paradigms, Over-Diagnosis And Treatment, And Mad Men, Alison Barnes
Marquette Elder's Advisor
No abstract provided.
Funding Stem Cell Research: The Covergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone
Funding Stem Cell Research: The Covergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone
Marquette Elder's Advisor
No abstract provided.
The Future Of Medicare: Preserving A Structurally Sound Program For Tomorrow, Alfred J. Chiplin Jr., Brian W. Lindberg
The Future Of Medicare: Preserving A Structurally Sound Program For Tomorrow, Alfred J. Chiplin Jr., Brian W. Lindberg
Marquette Elder's Advisor
This column is an annotated form of a position paper suggesting ways that the Medicare program may be successfully continued into the twenty-first century. Issues discussed are the basic principles to be observed, current concerns and cautions, and concepts for be explored which need further study.
Legal Guadians' Authority To Consent To Do-Not-Resuscitate Orders, Robert J. Best
Legal Guadians' Authority To Consent To Do-Not-Resuscitate Orders, Robert J. Best
Marquette Elder's Advisor
Cardiopulmonary resuscitation (CPR) has saved and prolonged the lives of many, but is it appropriate for elderly and incapacitated individuals? This article examines the role of surrogate decision making in withholding treatment of incapacitated individuals, and provides a list of twelve criteria to assist a guardian to determine what would be in the best interests of the patient.
First Bipartisan Medicare Reform Bill, John Breaux
First Bipartisan Medicare Reform Bill, John Breaux
Marquette Elder's Advisor
The proposed Breaux-Frist plan will establish a Competitive Premium System that offers integrated health care benefits and prescription drug coverage while maintaining Medicare entitlement. This article provides an overview of the proposed legislation.
An Introduction To Medicare, Cheryldiane Feuerman, Edward Dale
An Introduction To Medicare, Cheryldiane Feuerman, Edward Dale
Marquette Elder's Advisor
This column details the nuts and bolds of Medicare, noting that it Medicare is not always as familiar as it should be to beneficiaries, their advisors, or their doctors. This column presents an overview of Medicare's eligibility requirements, coverage, and appeals process.
Elder Law: General Practice With A Niche, Jane Rupprecht Mulcahy
Elder Law: General Practice With A Niche, Jane Rupprecht Mulcahy
Marquette Elder's Advisor
This article provides an overview of elder law practice and the importance of a client centered practice. Developing an elder law practice requires specialized marketing to the growing aging population. The elder law attorney must be knowledgeable in broad areas of law included in that practice. Expertise in property law and health care law are two of the most common areas of law practiced by elder law attorneys.
Psychological Perspectives On Competency, John Becker
Psychological Perspectives On Competency, John Becker
Marquette Elder's Advisor
This article considers how law and psychology can work together cooperatively toward understanding the competency of individuals to make plans for themselves and to take care of themselves personally and financially.
Preventative Medicine Guidelines For The Geriatric Population, Lisa Dockter, David A. Simpson
Preventative Medicine Guidelines For The Geriatric Population, Lisa Dockter, David A. Simpson
Marquette Elder's Advisor
To promote and maintain the health of elders, it is critical that physicians adopt preventative medicine practices. This article examines the geriatric health maintenance research, which provides comprehensive guidelines for healthcare providers
A Medicaid Long-Term Care Eligibility Primer: Basic Eligibility Rules
A Medicaid Long-Term Care Eligibility Primer: Basic Eligibility Rules
Marquette Elder's Advisor
Determining Medicaid eligibility for elders who need nursing home care is central to the practice of elder law. The purpose of various Medicaid rules, which vary from state to state, can seem incomprehensible- even for those who provide excellent Medicaid planning services.
Medicare Reasonable And Medically Necessary Care: Skirmishes At The Front
Medicare Reasonable And Medically Necessary Care: Skirmishes At The Front
Marquette Elder's Advisor
Medicare covers costs for health care deemed "reasonable and necessary" and excludes care classified as "experimental, investigative, or unproven." This article discusses coverage limits and the exceptions for which Medicare will authorize payment.
What Is Wrong With The Long-Term Care Reforms In The Defecit Reduction Act Of 2005? , Ellen O'Brien
What Is Wrong With The Long-Term Care Reforms In The Defecit Reduction Act Of 2005? , Ellen O'Brien
Marquette Elder's Advisor
Cutting Medicaid is unlikely to substantially increase private sources of long-term care financing, and future financing reform needs to focus on the actual flaws in the current means-tested system of long-term care financing. In order to make this argument, this article briefly describes the goals of the DRA and the policy reforms that seek to limit eligibility for the middle-class elderly. Next, the article draws on a wide range of empirical studies conduct over the past two decades to demonstrate that the impact of Medicaid planning is not quantitatively significant, and that by and large, the elderly assume substantial personal …
State Implementation Of The Optional Provisios Of The Deficit Reduction Act , Julia Belian
State Implementation Of The Optional Provisios Of The Deficit Reduction Act , Julia Belian
Marquette Elder's Advisor
No abstract provided.
International Human Rights And The Elderly, Jaclynn M. Miller
International Human Rights And The Elderly, Jaclynn M. Miller
Marquette Elder's Advisor
This article argues that despite the international instruments that make reference to the rights of the elderly, steps still need to be taken to ensure that both laws and enforcement policies are being created internationally and nationally to protect the elderly, especially those who need institutionalized care. For this to occur, better enforcement mechanisms must be created, primarily an international treaty specifically designed to protect the rights of the elderly. In the course of this argument, the article discusses the definition of old age, the existing international legal framework for the protection of the elderly, and examples of elder abuse. …
Age Discrimination In The Delivery Of Health Care Services To Our Elders, Phoebe Weaver Williams
Age Discrimination In The Delivery Of Health Care Services To Our Elders, Phoebe Weaver Williams
Marquette Elder's Advisor
This article examaines age discrimination by health care providers. The author provides suggestions and recommendations to remedy this type of discrimination
The Rights Of The Elderly In The Arab Middle East: Islamic Theory Versus Arabic Practice, Radwa S. Elsaman, Mohamed A. Arafa
The Rights Of The Elderly In The Arab Middle East: Islamic Theory Versus Arabic Practice, Radwa S. Elsaman, Mohamed A. Arafa
Marquette Elder's Advisor
No abstract provided.
Prevention Of Illness, Paul Bernstein