Elder Law Commons^™

The Prosecution Of Climate Change Dissent

Marquette Benefits and Social Welfare Law Review

A May 2015 op-ed in the Washington Post by Sen. Sheldon Whitehouse (D. RI) accused the fossil fuel industry of funding a campaign to mislead Americans about the environmental harm caused by carbon pollution. The Attorney Generals of New York and Massachusetts began investigating Exxon Mobil. We look at these two investigations through the lenses of the federal mail and wire fraud statutes (at issue in the racketeering case against big tobacco), and the First Amendment.

We analyze the difficulty of prosecuting someone under the federal mail and wire fraud statutes for expressing an opinion, and discuss why scientific statements …

To Authorize Sex With Oneself Via Proxy Or Advance Directive, Thomas Simmons

Faculty Publications

No abstract provided.

A Principled Approach To Separating The Fusion Between Nursing Homes And Prisons, Mirko Bagaric, Marissa Florio, Brienna Bagaric

Pepperdine Law Review

Elderly people are a far lower risk to community safety than other individuals. Despite this, elderly prisoners are filling prisons at an increasing rate. The number of elderly prisoners in the United States has increased more than fifteen-fold over the past three decades—far more than the general imprisonment rate. This trend is empirically and normatively flawed. Older offenders should be treated differently from other offenders. The key reason for this is that elderly offenders reoffend at about half the rate of other released prisoners, but the cost of incarcerating the elderly—due to their more pressing health needs—is more than double. …

Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope

Georgia State University Law Review

The purpose of this Article is to help improve the quality of healthcare decision making for the unbefriended. I hope that this comprehensive and systematic explanation of both the problem and the available solutions will empower both public and clinical policymakers to develop more informed and more circumspect policies and procedures

2016-2017 Georgia State University Law Review Symposium: Exploring The Right To Die In The U.S., Margaret Pabst Battin

Georgia State University Law Review

This transcript is a reproduction of the Keynote Presentation at the 2016–2017 Georgia State University Law Review Symposium on November 11, 2016. Margaret Battin, is a Distinguished Professor of Philosophy and Adjunct Professor of Internal Medicine at the University of Utah.

Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp

Georgia State University Law Review

Current legal regulation of medical care for individuals approaching the end of life in the United States is predicated essentially on a factual model emanating from a series of high-profile judicial opinions concerning the rights of adults who become either permanently unconscious or are clearly going to die soon with or without aggressive attempts of curative therapy.

The need for a flexible, adaptable approach to medically treating people approaching the end of their lives, and a similar openness to possible modification of the legal framework within which treatment choices are made and implemented, are particularly important when older individuals are …

The Pro Bono Collaborative Project Spotlight, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

The Financial Exploitation And Abuse Of The Elderly, Christopher Hodges

Mahurin Honors College Capstone Experience/Thesis Projects

The criminal industry of elder financial fraud and exploitation (EFFE) is a growing concern among policy makers as well as researchers. This is due to the growing financial impact exploiters are having on their victims. EFFE is defined by the National Center on Elder Abuse as “the illegal or improper use of an elder’s funds, property, or assets (NCEA, 2017).” Following this definition, the quantity of wealth determined to have been lost due to EFFE is staggering. As the tangible capital loss has grown so has the need for more research into this topic. The research in this paper seeks …

End Of Life Care For The Incarcerated, Codie Robinson

Dialogue & Nexus

As the prison population ages, a new need has come to light – caring for those who are in the final stage of life. This paper will examine the current end of life services provided to those in prison throughout the United States. After a general awareness of the system is presented, a more complete discussion of end of life care for prisoners will be considered, in light of ethics, social justice, and the Christian perspective. The two care options presented, hospice care and compassionate release, are observed through these lenses. In order to make a decision on how to …

Modernizing Financial Legislation To Protect Older Americans From Financial Abuse, Joshua F. Bautz

University of Miami Business Law Review

The United States of America is entering into a period of time that is marked by an increasingly aging population, and a corresponding growth in its susceptibility to financial abuse. While financial abuse can take on various forms, our older Americans continuously bear the bulk of its adverse effects. In recent years, financial representatives have notably suffered from a decline in investor confidence; however, this trend has failed to address the true culprits that commit the majority of financial abuse. This Comment will help to illuminate the increasing impact that family members, friends and caregivers have on the totality of …

Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic

Barry Law Review

No abstract provided.

Zoning For The Elderly And Family Rights, Ralph J. Libsohn

The Catholic Lawyer

No abstract provided.

“Johnny Pushed Me And I Can’T Get Up . . . And I Can’T Get Help!”: The Intersection Of Elder Abuse And Domestic Violence In South Carolina And Its Effect On Older Battered Women, Mary D. Antley

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

My Company Is Freezing The Pension Plan: What Does This Mean?, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston

Pension Action Center Publications

As employers move away from traditional defined benefit pension plans in favor of defined contribution 401(k) plans, the number of frozen pension plans is rapidly increasing. While most companies would like to rid themselves of their pension plan liabilities, more often than not, employers deem it too costly to terminate their existing plans and pay out all accrued benefits to participants and beneficiaries. As a result, instead of terminating their existing pension plans, many employers are electing to “freeze” their plans. Pension plans may be frozen using a “hard freeze” or a “soft freeze”. While both types of plan freezes …

Lump Sum Vs Annuity Payments: Which Is Right For Me?, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston

Pension Action Center Publications

As employers are looking to reduce pension plan liabilities, more and more participants are being given the option to receive a one-time lump sum payment from their pension plan in lieu of receiving monthly annuity payments for life. Deciding on which form of pension benefit to take is a very important decision that requires careful consideration. Unfortunately, there is no one-size-fits-all answer. While a lump sum may make sense for one person, it may be a serious mistake for another. And it is a decision that you will have to live with for the rest of your life. Anyone who …

Video: Elder Law For Beginners, Arlene Lakin, Gail Fisher

NSU Law Seminar Series

This particular seminar is designed to educate attorneys about how to be an elder law attorney. Practitioners will learn the various skill sets involved: estate and incapacity planning as well as protection of assets in order to qualify for, or remain qualified for, public benefits such as Medicaid and veteran’s pension with aid and attendance.

1. How to work with senior citizens and their families in a clinical as well as legal format
2. How to determine capacity of elderly clients to execute legal documents
3. How to analyze family relationships
4. How to design an estate and incapacity plan …

P15. Family Status Discrimination: The Never-Ending Story, Christina Iannozzi

Western Research Forum

The idea of work-life balance has received increasing attention from media, government, unions, and academics in recent years. This is due to the significant changes in the nature of the family and of roles within family. An interdisciplinary approach can explain the societal context that has prompted a rise in family status accommodation claims. Most notably, women have entered the paid workforce in unprecedented numbers and demographic shifts have created a growing need for eldercare.

Over the past two decades, divergent approaches to family status discrimination in the employment context have developed in Canada. The central dispute appears to be …

Essay: Setting The Bases Of A Policy Framework To Cover Old-Age Risk

Marquette Benefits and Social Welfare Law Review

This Essay proposes a coherent vision about the protection of old-age pensions and establishes a public policy strategy that allows the protection of a country's entire population. If attempts to connect the action of the State, through the notion of the welfare state, with the protection of pension systems. It proposes three levels of protection: (1) the welfare state, (2) state regulation, and (3) pension scheme regulation. The first Section of this Essay reviews welfare states, explains their categories, and discusses their protective effects. The second Section examines how to structure the various pension schemes into a coherent pension system …

Healthism, Intersectionality, And Health Insurance: The Compounded Problems Of Healthist Discrimination

Marquette Benefits and Social Welfare Law Review

Healthism can identify situations where a person is subject to a particular form of bigotry based on their individual health status. In health insurance, some forms of healthism are unavoidable due to the very nature of health insurance structures. However, when analyzing health insurance programs, particularly those that are funded through government, it is possible to utilize a healthism framework to, first, recognize and minimize and potentially ameliorate the worst effects of healthism combined with intersectionality. This Essay analyzes these issues as they relate to health insurance, Medicare, and the potential role of the Independent Payment Advisory Board.

Intersectional Complications Of Healthism

Marquette Benefits and Social Welfare Law Review

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Some Thoughts On "Healthism" And Employee Benefits In The Age Of Trump

Marquette Benefits and Social Welfare Law Review

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Tobacco Denormalization, Anti-Healthism, And Health Justice

Marquette Benefits and Social Welfare Law Review

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Table Of Contents

Marquette Benefits and Social Welfare Law Review

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