Law Commons^™

Negligence Liability's Role In Changing Pharmacotherapy Responsibilities, Andrew F. Spillane

Marquette Elder's Advisor

No abstract provided.

Putting Equity Back In Reverse Mortgages: How State Legislatures Can Bring Fairness To Home Equity Conversion Mortgages, Andrew S. Helman

Marquette Elder's Advisor

No abstract provided.

The Medico-Legal Aspects Of Dementia-Driven Sexual Abuse In Nursing Homes, Lisa Tripp

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

Marquette Elder's Advisor

No abstract provided.

Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara, Federico Gustavo Pizzetti, Watcharin H. Photangtham

Marquette Elder's Advisor

No abstract provided.

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

Volume 96, Fall 2012 Masthead, Marquette University Law Review

Marquette Law Review

None

Volume 96, Fall 2012 Table Of Contents, Marquette University Law Review

Marquette Law Review

None

Hallows Lecture: Barnette, Frankfurter, And Judicial Review, Jeffrey S. Sutton

Marquette Law Review

None

Assessing The Impact Of The Ultimate Penal Sanction On Homicide Survivors: A Two State Comparison, Marilyn Peterson Armour, Mark S. Umbreit

Marquette Law Review

Numerous studies have examined the psychological sequelae that result from the murder of a loved one. Except for the death penalty, however, sparse attention has been paid to the impact of the murderer’s sentence on homicide survivors’ well-being. Given the steadfastness of the public’s opinion that the death penalty brings satisfaction and closure to survivors, it is surprising that there has been no systematic inquiry directly with survivors about whether obtaining the ultimate punishment affects their healing. This Study used in-person interviews with a randomly selected sample of survivors from four time periods to examine the totality of the ultimate …

Separate But Equal: Miranda's Right To Silence And Counsel, Steven P. Grossman

Marquette Law Review

Three decades ago, the Supreme Court created a dubious distinction between the rights accorded to suspects in custody who invoke their right to silence and who invoke their right to counsel. This distinction significantly disadvantages those who do not have the good sense or good fortune to specify they want an attorney when they invoke their right to remain silent. This article argues that this distinction was flawed at its genesis and that it has led to judicial decisions that are inconsistent, make little sense, and permit police behavior that substantially diminishes the right to silence as described in Miranda …

The Wisconsin Consumer Act: When Is A Transaction A Consumer Credit Transaction?, Ralph C. Anzivino

Marquette Law Review

The Wisconsin Consumer Act applies to all consumer credit transactions. A consumer credit transaction is a defined term under the Wisconsin Consumer Act. It has six essential elements that have been carefully interpreted by Wisconsin courts. First, the transaction must be a consumer transaction that can be a cash or credit transaction. Second, the transaction must involve a consumer that is contracting for property, services, or credit for personal, family, or household purposes. Third, the transaction must be between a customer and a merchant. The Wisconsin Consumer Act definition of a merchant is significantly different than the UCC definition of …

Fitting An Old Tiger With New Teeth: Protecting Public Employee Funds Investing In Complex Financial Instruments, Richard E. Mendales

Marquette Law Review

State employee benefit funds invested heavily in complex financial instruments before the crash of 2008. These investments were tempting to the funds because the instruments carried higher yields than those offered by traditional securities in the low interest climate created largely by Federal Reserve policies after the turn of the century. The risks of the unconventional securities were concealed by investment-grade ratings issued by credit rating agencies and by deceptive marketing practices. With the crash, funds incurred major losses, which, unlike losses by private funds, are not insured by the federal Pension Benefit Guaranty Corporation.

This Article deals both with …

Quis Custodiet Ipsos Custodes? Limits On Widespread Surveillance And Intelligence Gathering By Local Law Enforcement After 9/11, Craig Roush

Marquette Law Review

In the decade since the terrorist attacks of September 11, 2001, local law enforcement has become the front line in the nation’s counterterrorism strategy. This involvement has not come without controversy. As part of these counterterrorism efforts, police departments have begun to establish widespread surveillance and intelligence-gathering networks to monitor Muslim and other ethnic neighborhoods in the hopes of stopping the next terrorist attack at its source. Such surveillance does not necessarily run afoul of the Constitution, and both our political environment—in which voters demand that the government stop terrorism at all costs—as well as unprecedented levels of federal funding …

Book Review: Senior Living Communities, Jane Mulcahy

Marquette Elder's Advisor

This book is written to assist an attorney acting as counsel to a senior living community and offers guidelines and checklists. Financial aspects including liability are considered, as are resident services and marketing. It could also serve as a resource for an attorney considering options for a client.

Book Review: Aging In The Law: An Interdisciplinary Reader , Jane Mulcahy

Marquette Elder's Advisor

This book provides a comprehensive foundation of the underlying social, economic, political, and legal aspects of some of the issues facing senior citizens. Articles and essays touch on the areas of healthcare, mental capacity, pensions, Social Security reform, elder abuse, long-term care, and legal representation.

The Adea, Your Partner, And You

Marquette Elder's Advisor

The Age Discrimination in Employment Act (ADEA) applies to lawyers and law firms, and older lawyers may have a cause for action after termination. This column highlights the pitfalls a law firm faces in terminating older lawyers, or lawyers who are physically or mentally impaired.

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.

The Alternatives To Guardianship, Andrew P. Brusky

Marquette Elder's Advisor

As guardianship diminished a person's legal rights, alternatives might be considered. This column discusses powers of attorney, living wills, joint and dual signature bank accounts, direct deposit plans, revocable living trusts, and conservatorship.

Legal Research Tools: In Search Of The Best Format, Robin C. Schard

Marquette Elder's Advisor

As newer technologies are available for legal research, deciding which research aid will be most effective has grown more complex. Items to consider are cost, updating, mechanical requirements, and finding aids. Schard suggests testing a new system before making a final commitment.

Cognition: The Basis For Competency, Richard E. Finlayson

Marquette Elder's Advisor

This column investigates different levels and types of cognitive impairment in later life and explains causes and reversibility/irreversibility of different types of dementia, and whether clinical conditions are likely to be recognized by the law as indications of competence.

Naming A Trust As The Beneficiary Of A Qualified Retirement Plan Or Ira, Barbara Freedman Wand

Marquette Elder's Advisor

In this column Wand explores the advantages and disadvantages of naming a trust as a retirement plan beneficiary. Reasons such as investment management, spendthrift concerns, and second marriages are discussed, as well as the possible loss of tax advantages that might occur. Particular strategies for overcoming obstacles and fulfilling a multitude of requirements are explored.

An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal

Marquette Elder's Advisor

This column, which analyzes a particular guardianship situation, illustrates the legal pitfalls created when an attorney, at the outset of establishing a guardianship, does not identify who is the client. When an adult child consults an attorney to establish a guardianship for an elderly parent, what obligations, both positive and negative, are imposed on the attorney to prevent harm to a former client.

Use Joint Tenancy Only With Extreme Caution, Sandra Sickler

Marquette Elder's Advisor

While joint tenancy can provide significant advantages, it can also have unintended consequences. Assets can be exposed to the joint owner's creditors, estate taxes may increase, and income tax advantages might be lost. Other forms of joint ownership, such as tenants in common or community property, may be more appropriate in specific situations.

The Adea At The Top Of The Food Chain: Who's Protecting The Higher-Salaried Employees?, Grant T. Moher

Marquette Elder's Advisor

After the ruling in Hazen Paper, older workers who are terminated will have a more difficult burden proving their termination was based on age. Previously used disparate impact and disparate treatment theories will be more difficult to utilize, and employers may be allowed wider use of factors other that age as reasons for termination, without the fear that these factors will be considered age proxies.

Guardianship Mediation, Janice Grant

Marquette Elder's Advisor

Court guardianship proceedings are designed to determine the need for a guardian. Mediation may be used to rather substitute voluntary services by allowing interested parties to offer suggestions for appropriate care. Grant discusses which cases may be appropriate or inappropriate for mediation and outlines a suggested mediation process. The advantages of maintaining greater autonomy and independence for the elderly are elaborated.

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.

Aging In Place: Naturally Occuring Retirement Communities And Condominium Living, Ellen Hirsch De Haan

Marquette Elder's Advisor

As more and more senior citizens choose to grow older in familiar surroundings, condominium and community associations now may have to grapple with the problems encountered as members age, such as physical and mental impairment and incipient decrepitude. How association officers can (and should) deal with these situations as well as the legal issues involved is discussed at length.

Planning For A Disabled Child, Judith G. Mcmullen

Marquette Elder's Advisor

McMullen provides a comprehensive view of the problems encountered when estate planning includes providing for a disabled child of any age. Traditional approaches, such as outright gifts and trusts, are discussed. Particular attention is paid to situations which might limit access to potential public benefits, including medical assistance programs. Various aspects to consider while evaluating possible options are discussed.

Board Of Advisors

Marquette Elder's Advisor

No abstract provided.