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Disability Law

Yeshiva University, Cardozo School of Law

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Full-Text Articles in Law

Supported Decision-Making: Potential And Challenges For Older Persons, Morgan K. Whitlatch, Rebekah Diller Jan 2022

Supported Decision-Making: Potential And Challenges For Older Persons, Morgan K. Whitlatch, Rebekah Diller

Articles

In recent years, supported decision-making (SDM) has gained traction as a recognized alternative to guardianship for persons with disabilities in the United States. To date, SDM has not been as widely recognized as an alternative for older people, particularly those struggling with cognitive decline. This paper explores some of the obstacles that have prevented SDM from being used more broadly by older people, identifies ways of surmounting some of those obstacles, and makes recommendations for ways that SDM can be used in the aging context.


Sterilization, State Action, And The Concept Of Consent, Monroe E. Price, Robert A. Burt Jan 1975

Sterilization, State Action, And The Concept Of Consent, Monroe E. Price, Robert A. Burt

Articles

A line demarking the propriety of state intervention into the lives of individuals has never been adequately drawn. It is not surprising that such a line is practically nonexistent, from the point of view of legal analysis, when the people subject to intervention are considered mentally retarded. Too infrequently the medical and privacy rights of these individuals go unrecognized and unheeded. There are several factors which collectively account for this.