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Full-Text Articles in Elder Law
Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz
Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz
Cardozo Journal of Conflict Resolution
No abstract provided.
Elder Restorative Justice, Mary Helen Mcneal, Maria Brown
Elder Restorative Justice, Mary Helen Mcneal, Maria Brown
Cardozo Journal of Conflict Resolution
This article explores the viability of utilizing restorative principles to address elder abuse and recommends the continuing implementation of an "elder restorative justice" paradigm. Part I describes the widespread problem of elder exploitation and possible reasons for it, and Part II outlines current strategies to address it. Part III offers an overview of restorative principles, with a description of selected models. In Part IV, this paper reviews restorative approaches currently addressing elder abuse, and their benefits and challenges. Part V analyzes the applicability of the restorative models outlined above to the elder abuse context, assessing the most effective options for …
It Takes A Village: Using Seniors To Help Divorcing Families, Forrest S. Mosten, Lara Traum
It Takes A Village: Using Seniors To Help Divorcing Families, Forrest S. Mosten, Lara Traum
Cardozo Journal of Conflict Resolution
The wisdom of an underappreciated elderly population can offer invaluable assistance to underserved pro-se litigants facing family conflict. This Article will uncover the confluent needs of the family court system and the growing elderly population in the United States. Section II of this Article will explain the struggles of the family court system, outline the historic role of the elderly in addressing family conflict, propose the creation of an Elder Volunteer Corps to address these communal needs, and discuss the benefits of creating such a corps. Section III will suggest logistical approaches to forming an Elder Volunteer Corps, focusing on …
The Age Of (Guilt Or) Innocence: Using Adr To Reform New York's Juvenile Justice System In The Wake Of Miller V. Alabama, Morgan Molinoff
The Age Of (Guilt Or) Innocence: Using Adr To Reform New York's Juvenile Justice System In The Wake Of Miller V. Alabama, Morgan Molinoff
Cardozo Journal of Conflict Resolution
"Youth matters." The concept is deceptively simple. Of course youth matters. One must be a certain age to drive, to vote, to drink, to be elected president. However, the issue becomes much more complex in the context of criminal responsibility and punishment. Should children be held less accountable for their crimes because of their age? Do juveniles have a greater capacity for rehabilitation than adults? By explaining that youth matters in Graham v. Florida and holding that juveniles cannot be sentenced to life in prison without parole for non-homicide crimes, Justice Kennedy of the United States Supreme Court answered these …
The Brains Behind Mediation: Reflections On Neuroscience, Conflict Resolution And Decision-Making, Daniel Weitz
The Brains Behind Mediation: Reflections On Neuroscience, Conflict Resolution And Decision-Making, Daniel Weitz
Cardozo Journal of Conflict Resolution
On September 13, 1848, an explosives charge sent a three-foot tamping iron about an inch in diameter through the head of Phineas Gage. Although Gage survived, the tamping iron, which entered just under the left eye and exited through the frontal portion of his head, destroyed his prefrontal cortex. Prior to the accident, Gage was a popular foreman of a railroad construction crew. After the accident, he was a tactless, profane, and impulsive man with a dramatically altered personality.
Keep Arbitration Alive: Why The Fairness In Nursing Home Arbitration Act Should Not Be Passed, Margaret Baumer
Keep Arbitration Alive: Why The Fairness In Nursing Home Arbitration Act Should Not Be Passed, Margaret Baumer
Cardozo Journal of Conflict Resolution
Like it or not, arbitration agreements are part of our lives. Most cell phone and credit card companies include arbitration agreements in their customer contracts. Furthermore, many consumer complaints regarding trades through the National Association of Securities Dealers (NASD) are resolved through arbitration. However, despite their pervasiveness, consumers generally remain ignorant of arbitration agreements until a dispute arises, whereupon they discover that they must submit to arbitration proceedings, rather than sue sellers. Often, arbitration carries with it the added disappointment of high fees and perceived arbitrator bias in favor of the business entity. The same is true of a nursing …