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Articles 121 - 128 of 128
Full-Text Articles in Elder Law
Watching Out For Grandma: Video Cameras In Nursing Homes May Help To Eliminate Abuse, Tracey Kohl
Watching Out For Grandma: Video Cameras In Nursing Homes May Help To Eliminate Abuse, Tracey Kohl
Fordham Urban Law Journal
This Comment examines the arguments for and against the proposal to grant nursing home residents and their guardians a legal right to install video cameras for protection. Part I discusses the current state of federal nursing home regulation. It focuses on the problems impeding effective enforcement of these regulations that have led to the current crisis in nursing home quality of care. Part II examines how the proposed video surveillance might affect various privacy interests within a nursing home setting. Part III addresses the economic concerns of granny cam opponents. Part IV concludes that with careful drafting, federal legislation requiring …
Constructions Of Client Competence And Theories Of Practice, Robert Rubinson
Constructions Of Client Competence And Theories Of Practice, Robert Rubinson
All Faculty Scholarship
An entrenched stereotype about the elderly is that they inevitably experience a progressive decline in cognitive function - what the Article calls the "idea of decrement." The vast majority of elderly, however, do not experience declining competence for most or all of their lives. Nevertheless, attorneys interpret much of what elderly clients say and do as the product of cognitive impairment, and sometimes even the elderly themselves construct stories about the world and their circumstances in line with the idea of decrement. These attitudes and social constructions, interacting in complex ways, can distort the ability of attorneys to represent elderly …
The Challenge Of Providing Adequate Housing For The Elderly . . . Along With Everyone, Alan C. Weinstein
The Challenge Of Providing Adequate Housing For The Elderly . . . Along With Everyone, Alan C. Weinstein
Law Faculty Articles and Essays
Our patterns of land use and development have failed to accommodate the changed housing needs of an aging population. Primary among these needs is the desire of the elderly to be able to "age in place." To meet this need, America's suburban communities in particular will need to re-think their reliance on exclusive single-family zoning and begin planning and zoning for an increasingly large number of the elderly. Despite understandable concerns about maintaining housing values, this may well prove to be politically achievable simply because the very demographic changes that create the need will create a growing constituency in favor …
The Charge-Filing Requirement Of The Age Discrimination In Employment Act: Accrual And Equitable Modification, Jim Beall
Michigan Law Review
This Note argues that ADEA causes of action should accrue when the plaintiff discovers, or reasonably should have discovered, that she has been injured by an adverse employment action such as discharge, demotion, denial of a position or promotion, or receipt of pay lower than employees doing the same job. Courts should equitably modify the filing period for the time in which the plaintiff reasonably failed to file a charge even though she already knew of the adverse employment action. Such a situation arises largely in two contexts: (1) when an employer engages in active misconduct that keeps the plaintiff …
Conservatorship: A Viable Alternative To Incompetency, Allen Federman
Conservatorship: A Viable Alternative To Incompetency, Allen Federman
Fordham Urban Law Journal
The Article presents a general introduction to the concept of conservatorship, which is utilized to protect and care for the assets of impaired, but not adjudicated as incompetent, individuals. The Article gives an overview of the legislative history leading to the enactment of Article 77 of the New York Mental Hygiene Law and it explores some of the alternatives to conservatorship by discussing the benefits and disadvantages that the alternative processes provide to the impaired individual, the conservatee. The Article also discusses the role the conservator plays in the appointment and termination processes, how the conservator goes about marshaling the …
Michigan's Nursing Home Reform Law, John D. Croll
Michigan's Nursing Home Reform Law, John D. Croll
University of Michigan Journal of Law Reform
This article examines Michigan's new nursing home reform law, which has been hailed as "landmark legislation" and as a model for the entire country. Part I examines the past failures of nursing home regulation and the need for reform. Part II analyzes the law's key provisions. Part III examines the weaknesses of certain enforcement measures. The article proposes the following improvements: (1) extension of the law's protection to residents of homes for the aged; (2) greater access to patients by approved organizations; (3) adoption of nurse-patient ratios; (4) improvement of inspection procedures; and (5) allowance for patients or their representatives …
New York's Revised Nursing Home Legislation, Michael G. Mcgee
New York's Revised Nursing Home Legislation, Michael G. Mcgee
University of Michigan Journal of Law Reform
This note undertakes an analysis of the extensive package of nursing home legislation recently enacted in New York. First, specific regulations will be examined in relation to problems they are designed to remedy. Next, the note critically appraises three key, innovative provisions, making recommendations for implementation or revision of each. Finally, the broad changes needed to bring about lasting improvement of nursing care are discussed and a summary of pending legislation is provided.
Real Property Tax Relief For The Elderly, Edsell M. Eady Jr.
Real Property Tax Relief For The Elderly, Edsell M. Eady Jr.
University of Michigan Journal of Law Reform
This article focuses on the elderly person's problem of coping with real property taxation. Although property taxes vary in intensity from place to place, the elderly bear a particularly heavy burden. The property tax generally does not reflect a taxpayer's ability to pay, since it is usually levied in proportion to the value of real property rather than in relation to a homeowner's income. Thus people with low incomes may have to pay a greater percentage of their incomes as real property tax than people with higher incomes. The real property tax can be a formidable problem for an elderly …