Elder Law Commons^™

Lawmaking By Public Welfare Professionals, Margaret F. Brinig

ExpressO

In an era of shrinking state and local resources for domestic violence prevention and detection, governments face a critical question of how to best allocate scarce funds. This paper suggests some answers for treating violence by caregivers and presents a model for evaluating other programs. To reach our conclusions, we analyzed data and survey results supplied by more than 1700 county-level adult protective services (APS) authorities.

We found that some expensive programs produce very few results in terms of reporting, investigating, and substantiating elder abuse. For example, requiring a specific education or experience level (and therefore guaranteeing higher salaries) or …

The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons, Norman L. Cantor

Rutgers Law School (Newark) Faculty Papers

“The Relation Between Autonomy-based Rights and Profoundly Mentally Disabled Persons” Competent persons have fundamental rights to decide about abortion, methods of contraception, and rejection of life-sustaining medical treatment. Profoundly disabled persons are so cognitively impaired that they cannot make their own serious medical decisions. Yet some courts suggest that the mentally impaired are entitled to “the same right” to choice regarding critical medical decisions as competent persons. This article discusses the puzzling question of how to relate autonomy-based rights to never-competent persons. It argues that while profoundly disabled persons cannot be entitled to make their own medical decisions, they have …

The Bane Of Surrogate Decision Making: Defining The Best Interests Of Never-Competent Persons, Norman L. Cantor

Rutgers Law School (Newark) Faculty Papers

The medical fate of never-competent persons cannot be resolved according to the approach governing previously competent persons -- surrogate focus on self-determination via advance instructions or projections of what the now-incompetent person would want in the circumstances. For never-competent medical patients, the commonly stated approach to surrogate decision making is best interests of the incapacitated ward.

This article examines and questions the conventional wisdom regarding a "best interests of the patient" standard. When a parent is the surrogate decision maker, the medical course chosen need not be the best course, so long as it is a plausible medical option and …

The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit

All Faculty Scholarship

No abstract provided.

The Age Discrimination In Employment Act, Title Vii, And The Civil Rights Act Of 1991: Three Acts And A Dog That Didn’T Bark, Howard C. Eglit

All Faculty Scholarship

No abstract provided.

Health Care Allocation For The Elderly: Age Discrimination By Another Name?, Howard C. Eglit

All Faculty Scholarship

No abstract provided.

The Age Discrimination In Employment Act's Forgotten Affirmative Defense: The Reasonable Factors Other Than Age Exception, Howard C. Eglit

All Faculty Scholarship

No abstract provided.

Of Age And The Constitution (Symposium), Howard C. Eglit

All Faculty Scholarship

No abstract provided.

The Age Discrimination Act Of 1975, As Amended: Genesis And Selected Problem Areas (Symposium), Howard C. Eglit

All Faculty Scholarship

No abstract provided.