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Law Commons

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

2012

Liability

Marquette University Law School

Articles 1 - 5 of 5

Full-Text Articles in Law

Negligence Liability's Role In Changing Pharmacotherapy Responsibilities, Andrew F. Spillane Oct 2012

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

Marquette Elder's Advisor

No abstract provided.


Use Joint Tenancy Only With Extreme Caution, Sandra Sickler Aug 2012

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.


Ticking Time Bombs In Ira Planning For Professionals, Jack E. Stephens Aug 2012

Ticking Time Bombs In Ira Planning For Professionals, Jack E. Stephens

Marquette Elder's Advisor

Individual retirement accounts (IRAs) are generally a significant part of any client's estate these days. Professional estate planners must familiarize themselves with the multifarious rules that affect IRAs and take into account basic planning requirements to avoid potential catastrophic tax traps for the client and liability for the advisor. This article highlights twenty-two significant issues with IRAs that estate planners must address.


Innocence, Negligence, And Common Sense: Tort Liability Of Mentally Impaired Persons, William P. Donaldson Aug 2012

Innocence, Negligence, And Common Sense: Tort Liability Of Mentally Impaired Persons, William P. Donaldson

Marquette Elder's Advisor

Recent case law has dictated changes in the treatment of tort cases involving mentally impaired citizens. This study illuminates the developing exceptions to liability with regard to properly trained professional caregivers.


Sexual Abuse In Nursing Homes, Elizabeth A. Capezuti, Deborah J. Swedlow Aug 2012

Sexual Abuse In Nursing Homes, Elizabeth A. Capezuti, Deborah J. Swedlow

Marquette Elder's Advisor

This article describes the common characteristics of sexually abused nursing home residents and details the many physical and psychological consequences of sexual abuse. The article considers the victim's ability to report the abuse and how to compassionately conduct the victim interview and collect evidence. The article discusses relevant federal and state law and analyzes various theories of liability.