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

Law Commons

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

Articles 1 - 13 of 13

Full-Text Articles in Law

A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler Nov 2012

A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler

Pepperdine Law Review

No abstract provided.


Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli Nov 2012

Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli

Pepperdine Law Review

No abstract provided.


Life Care Agreements: A Contractual Jekyll And Hyde?, Donna S. Harkness Aug 2012

Life Care Agreements: A Contractual Jekyll And Hyde?, Donna S. Harkness

Marquette Elder's Advisor

Many seniors who plan to surrender title to their home, often their only major asset, in exchange for the promise of life-long care often fail to seriously consider possible pitfalls and take the necessary steps to prevent them, being overly trustful of close family members or friends. Several options are suggested, along with ways to make such a transaction more equitable to all parties.


Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred Aug 2012

Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred

Marquette Elder's Advisor

This article discusses the reasons for and the problems encountered in setting up the Illinois Guardianship Reform Project. Investigative newspaper articles detailing widespread abuses aroused public demand for reforms. Fred postulates that a change in attitudes and behaviors in regard to the disabled and aging is necessary to balance the widely differing points of view of the various care-givers and court systems in order to both protect the rights of self-determination and provide necessary care


Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect, David R. Hoffman Aug 2012

Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect, David R. Hoffman

Marquette Elder's Advisor

Hoffman discusses how criminal and civil action by way of state criminal statutes and the False Claims Act should be utilized against institutions that receive governmental funding to motivate them to provide residents with adequate services. The article outlines how elder care institutions can provide effective care for their residents through appropriate employment screening and on-boarding, reporting and monitoring and thorough investigative procedures


Litigating Federal Health Care Legislation And The Interstices Of Procedure, Wendy Collins Perdue Mar 2012

Litigating Federal Health Care Legislation And The Interstices Of Procedure, Wendy Collins Perdue

University of Richmond Law Review

No abstract provided.


Constitutional Forbearance, A. Christopher Bryant Mar 2012

Constitutional Forbearance, A. Christopher Bryant

University of Richmond Law Review

No abstract provided.


Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr. Mar 2012

Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr.

University of Richmond Law Review

No abstract provided.


The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard Mar 2012

The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard

University of Richmond Law Review

No abstract provided.


Sense And Severability, Tobias A. Dorsey Mar 2012

Sense And Severability, Tobias A. Dorsey

University of Richmond Law Review

No abstract provided.


Facial And As-Applied Challenges To The Individual Mandate Of The Patient Protection And Affordable Care Act, Edward A. Hartnett Mar 2012

Facial And As-Applied Challenges To The Individual Mandate Of The Patient Protection And Affordable Care Act, Edward A. Hartnett

University of Richmond Law Review

No abstract provided.


Beyond The Doctrine: Five Questions That Will Determine The Aca's Constitutional Fate, Bradley W. Joondeph Mar 2012

Beyond The Doctrine: Five Questions That Will Determine The Aca's Constitutional Fate, Bradley W. Joondeph

University of Richmond Law Review

No abstract provided.


The Anti-Injunction Act, Congressional Inactivity, And Pre-Enforcement Challenges To § 5000a Of The Tax Code, Kevin C. Walsh Mar 2012

The Anti-Injunction Act, Congressional Inactivity, And Pre-Enforcement Challenges To § 5000a Of The Tax Code, Kevin C. Walsh

University of Richmond Law Review

No abstract provided.