Elder Law Commons^™

Blame Canada (And The Rest Of The World): The Twenty-Year War On Imported Prescription Drugs, Daniel L. Pollock

ExpressO

Rising budget deficits and sticker shock over the new Medicare drug benefit have put the issue of prescription drug costs back into the spotlight. The growth in the cost of prescription drugs continues to represent a staggering burden for taxpayer-funded health care programs, even while costs of non-drug health care services have slowed or even decreased. Among the many proposals for cutting prescription drug costs, drug importation is unique. Although bipartisan support for drug importation has existed in Congress for over five years, the federal government continues to maintain that a system of safe and effective drug importation is impossible. …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

On Hastening Death Without Violating Legal Or Moral Prohibitions, Norman L. Cantor

Rutgers Law School (Newark) Faculty Papers

While the vast majority of fatally afflicted persons have a powerful wish to remain alive, some stricken persons may, for any of a host of reasons, desire to hasten death. Some persons are afflicted with chronic degenerative diseases that take a grievous toll. Chronic pain may be severe and intractable, anxiety about a future treatment regimen may be distressing, and helplessness may erode personal dignity and soil the image that the afflicted person wants to leave behind.

A dying patient’s interest in hastening death is often said to be in tension with a bedrock social principle that respect for sanctity …

The Rise And Fall Of Israel's Senior Citizens’ Law, Israel Doron

ExpressO

Within the broad and complex framework of laws in Israel relating to the older population, this article focuses on a single act of legislation: the Senior Citizens Law, 5750-1989 (hereinafter “the Senior Citizens’ Law”). During its hitherto brief life, this law has undergone numerous transformations, ups and downs, additions and deletions, successes and failures. At the time of its enactment, there were those who placed great hopes for the future of older people's rights on the law. As of today, however, this article will attempt to argue that the law has failed to realize its objectives. The article includes two …

Beyond 2015: Long-Term Alternatives For Long-Term Care Reform, Anthony H. Szczygiel, Valerie J. Bogart

Other Scholarship

Published as Chapter 7 in Report of the Long-Term Care Reform Committee, New York State Bar Association Elder Law Section, ed.

Therapeutic Jurisprudence And Preventative Law In The Thomas M. Cooley Sixty Plus, Inc., Elder Law Clinic, Cindy E. Faulkner

St. Thomas Law Review

Gertrude Smith phones the SixtyPlus, Inc., Elderlaw Clinic ("Clinic") to schedule an appointment. She informs the receptionist that she wants to come to the Clinic so she can "get a trust." Ms. Smith is scheduled for an intake appointment to meet with two student legal interns ("interns"). Ms. Smith arrives for her appointment, is introduced to the interns, and agrees to be interviewed. The senior intern (a student in her second term at the Clinic) begins the interview by asking Ms. Smith what brought her to the Clinic. Ms. Smith reiterates that she "wants a trust because it is the …

General Dynamics Land Systems, Inc. V. Cline: Shrinking The Realm Of Possibility For Reverse Age Discrimination Suits, Rebecca L. Ennis

University of Richmond Law Review

No abstract provided.

Make Room For Dying: End Of Life Care In Nursing Homes, Sandra H. Johnson

All Faculty Scholarship

The cornerstone of contemporary nursing home care is a commitment to patient rehabilitation. Improved care is an important and worthwhile goal, but it is a goal that has yet to make room for the dying. A significant proportion of older people will spend their final days in a nursing home. This article calls for a culture shift in nursing home care to promote improved care for not only those who can be rehabilitated but also those who are dying.

This article begins by addressing challenges to achieving this culture that are particular to the nursing home context. It then explains …