Elder Law Commons^™

Productivity And Affinity In The Age Of Dignity, Stephen Lee

Michigan Law Review

This Review proceeds as follows. Part I summarizes The Age of Dignity. Part II explains how this segment of immigrant workers challenges the productivity/affinity binary that dominates immigration law’s formal migration rules. Part III shows how this binary sets up dual migration streams, both of which could account for future flows of care workers. As Part III shows, the example of the eldercare industry nicely illustrates how the employment based and family-based migration systems simply represent two different ways of filling labor needs. I then conclude.

The Ethics Of Health Care Rationing: An Introduction, By Greg Bognar And Iwao Hirose, Alanna Mcgovern

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Introduction, Howard S. Krooks , Guest Editor

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Foreword, Patricia E. Salkin

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Aging In Comparative Perspective: Processes And Policies, By Ian Gillespie Cook And Jamie Halsall, Jenna M. Cohn

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Being Mortal: Medicine And What Matters In The End, By Atul Gwande, Tara Darling

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

The Silver Tsunami: Aging Prisoners, Early Release, Guardianship And Prisoner Advocate Initiatives For Long Term Care Beyond The Prison Walls, Martina E. Cartwright

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Advance Directives: A Case Of Changing Social Norms And Their Legal Implications, Ira Bedzow

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Recharging Adult Guardianship Reform: Six Current Paths Forward, Erica Wood

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

When One Spouse Has It: Dementia And The Permissibility Of Marital Sex Under Criminal Statute, 49 J. Marshall L. Rev. 1225 (2016), James Cook

UIC Law Review

The purpose of this article is to explore defining the acceptable parameters of marital sexual behavior, in situations where only one spouse has dementia, through criminal statute.

Wage Theft As Public Larceny, Elizabeth J. Kennedy

Brooklyn Law Review

Home care for the elderly and disabled is a rapidly expanding industry in which structural and regulatory factors contribute to worker vulnerability and exploitation. Systemic exclusion from core federal employment and labor laws, as well as many state and local regulations, results in minimal consequences for employers who violate standards. Despite recent movement at the federal level to create a “new mindset” of rights and regulations, home care workers must be equipped with creative ways to enforce these new rights and to challenge existing gaps in enforcement. With the understanding that two-thirds of the home care industry is financed by …

Give Them A Reason They Can Understand: An Examination Of Rhode Island's Medicaid Ineligibility Notices To The State's Most Vulnerable Populations, Laura Pickering

Roger Williams University Law Review

No abstract provided.

Said I, But You Have No Choice: Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper addresses a remarkably under-considered topic: the ethical standards for lawyers representing persons with mental disabilities. Although there is an extensive body of literature endorsing “zealous advocacy” as the standard for the criminal defense lawyer in “ordinary” cases, there is virtually no literature (or case law) on this question in this context.

Our thesis is simple. We reject the model of “paternalism/best interests” that is regularly substituted for a traditional legal advocacy position, and a substitution that is rarely questioned. We believe this presumption flies in the face of statutory law, constitutional law, and international human rights law, and …

Avoiding Overtreatment At The End Of Life: Physician-Patient Communication And Truly Informed Consent, Barbara A. Noah, Neal R. Feigenson

Faculty Scholarship

This Article considers how best to ensure that patients have the tools to make informed choices about their care as they near death. Informed decision making can help reduce excessive end-of-life care and unnecessary suffering, and result in care that aligns with patients’ well-considered values and preferences. The many factors that contribute to dying patients receiving too much therapy and life-prolonging care include: the culture of denial of death, physicians’ professional culture and attitudes toward treatment, physicians’ fear of liability, physicians’ avoidance of discussions about prognosis, and the impact of payment incentives that encourage overutilization of medical technologies.

Under the …

An Evaluation Of Regulatory Standards And Enforcement Devices In The Nursing Home Industry, James L. Miller

Akron Law Review

This comment will encompass three areas. First, the economic structure of the nursing home industry and existing problems will be described. Second, current regulatory standards and enforcement devices which have been developed by federal agencies to deal with these problems will be explored. Third, the recent enactment of Ohio legislation which not only confers various rights upon nursing home residents but also seeks to eliminate institutional abuse through the implementation of adaptive enforcement devices, will be examined. In addition, the Ohio nursing home "bill of rights" will be looked at in conjunction with similar legislation passed in New York.

The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, 49 J. Marshall L. Rev. 39 (2015), Thomas Simmons

UIC Law Review

With the popularity of durable powers of attorney to manage the estates and personal affairs of individuals with diminished capacity, construction of the scope of powers with which agents are acting is of increasing importance. Some acts should be seen as so inherently personal or so dramatically inconsistent with the expected role of an agent as to be simply outside the scope of agency altogether. Others, such as those involving gifts, self-dealing transactions, or constitutional rights, should be never implied but honored when located within the express terms of an agent’s authority. The remaining powers should be construed and mapped …

The Medicaid Gamble, Ann Marie Marciarille

Faculty Works

The Patient Protection and Affordable Care Act (ACA) was an unprecedented gamble. The ACA transformed Medicaid from an unevenly and underfunded program for the poor and disabled to a program to offer those priced out of commercial insurance markets government-funded health insurance similar to Medicare, the single-payer system for seniors and the disabled. In a sense, the ACA gambled that Medicaid could be more like Medicare.

The ACA, as it was transformed by the Supreme Court of the United States, became a gamble on the part of the Court that good things would follow from empowering each of the states …

Observing Observational Status -- Auditors And Inequities

Marquette Elder's Advisor

No abstract provided.

Bring Ulysses To Florida: Proposed Legislative Relief For Mental Health Patients

Marquette Elder's Advisor

None

Selling Hospice, Sam F. Halabi

Faculty Publications

Americans are increasingly turning to hospice services to provide them with medical care, pain management, and emotional support at the end of life. The increase in the rates of hospice utilization is explained by a number of factors including a “hospice movement” dating to the 1970s which emphasized hospice as a tool to promote dignity for the terminally ill; coverage of hospice services by Medicare beginning in 1983; and, the market for hospice services provision, sustained almost entirely by governmental reimbursement. On the one hand, the growing acceptance of hospice may be seen as a sign of trends giving substance …

Context Matters: Disability, The End Of Life, And Why The Conversation Is Still So Difficult, Alicia Ouellette

NYLS Law Review

No abstract provided.

Aging Populations And Physician Aid In Dying: The Evolution Of State Government Policy, David Orentlicher

Scholarly Works

Professor David Orentlicher explores the evolution of physician assisted suicide from illegal taboo to the passage of Death with Dignity legislation and caselaw.

The Changing Legal Climate For Physician Aid In Dying, David Orentlicher

Scholarly Works

No abstract provided.

Elder Self-Neglect And Adult Protective Services: Ohio Needs To Do More, William White

Journal of Law and Health

Ohio APS statutes are antiquated, do not reflect the increasingly complex needs of self-neglecting elderly, and need to be changed to decrease the likelihood of significant self-harm or even death, as represented in the story of Carlene. Section II of this paper provides background information on elder self-neglect and APS. Section III discusses why Ohio needs to mandate that APS jurisdiction includes nursing facilities and how the law could be effectively changed. Section IV discusses how APS interventions need to evolve to meet the diverse needs of the growing elderly population; a singular investigative response no longer fits for every …

Dispute Resolution Mechanisms For Intractable Medical Futility Disputes, Thaddeus Mason Pope

NYLS Law Review

No abstract provided.

From Schiavo To Death Panels: How Media Coverage Of End-Of-Life Issues Affects Public Opinion, Sherrie Dulworth

NYLS Law Review

No abstract provided.

Advance Directives, Dementia, And Eligibility For Physician-Assisted Death, Paul T. Menzel

NYLS Law Review

No abstract provided.

Right-To-Die Cases: A New York Historical Perspective, Sol Wachtler

NYLS Law Review

No abstract provided.

Health Justice Denied Or Delayed At The End Of Life: A Crisis Needing Remedial Action, David C. Leven

NYLS Law Review

No abstract provided.

Give Me Liberty At My Death: Expanding End-Of-Life Choice In Massachusetts, Kathryn L. Tucker

NYLS Law Review

No abstract provided.