Open Access. Powered by Scholars. Published by Universities.®

Elder Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type

Articles 1081 - 1110 of 1207

Full-Text Articles in Elder Law

Privatizing Social Security, Jerry W. Markham Jan 2001

Privatizing Social Security, Jerry W. Markham

Faculty Publications

The 2000 presidential election focused attention on an idea that has been surfacing for some time--the privatization of Social Security. Although opposition remains fierce, proposals for privatization have been gradually gaining acceptance as the inadequacy of benefits from the present system become more apparent, and bankruptcy becomes certain in the absence of additional onerous funding. Resistance to privatization largely centers on concerns that existing participants will lose their contributions and that private accounts may result in investment losses, which would leave future pensioners penniless. The disability and survivor benefits of the present Social Security system also raise concerns for the …

Go to article

Internet Resources For Long-Term Care Insurance, Robin Schard Jan 2001

Internet Resources For Long-Term Care Insurance, Robin Schard

Articles

No abstract provided.

Go to article

Be Careful What You Ask For: The Repeal Of The Boren Amendment And Continuing Federal Responsibility To Assure That State Medicaid Programs Pay For Cost Effective Quality Nursing Facility Care, Malcolm J. Harkins Iii Jan 2001

Be Careful What You Ask For: The Repeal Of The Boren Amendment And Continuing Federal Responsibility To Assure That State Medicaid Programs Pay For Cost Effective Quality Nursing Facility Care, Malcolm J. Harkins Iii

Journal of Health Care Law and Policy

No abstract provided.

Go to article

Federal Law Enforcement In Long Term Care, Marie-Therese Connolly Jan 2001

Federal Law Enforcement In Long Term Care, Marie-Therese Connolly

Journal of Health Care Law and Policy

No abstract provided.

Go to article

The Crisis In The Long-Term Care Workforce, Karl Pillemer, Mark S. Lachs Jan 2001

The Crisis In The Long-Term Care Workforce, Karl Pillemer, Mark S. Lachs

Journal of Health Care Law and Policy

No abstract provided.

Go to article

The Nursing Home Crisis: Views From A Trustee In The Nonprofit Sector, Marshall B. Kapp Jan 2001

The Nursing Home Crisis: Views From A Trustee In The Nonprofit Sector, Marshall B. Kapp

Journal of Health Care Law and Policy

No abstract provided.

Go to article

Voting And Nursing Home Residents: A Survey Of Practices And Policies, Joan L. O'Sullivan Jan 2001

Voting And Nursing Home Residents: A Survey Of Practices And Policies, Joan L. O'Sullivan

Journal of Health Care Law and Policy

No abstract provided.

Go to article

Shalala V. Illinois Council On Long Term Care: The United States Supreme Court Confounds The Crisis In Nursing Home Care With An Unneeded Jurisdictional Channeling Requirement, Marko W. Kipa Jan 2001

Shalala V. Illinois Council On Long Term Care: The United States Supreme Court Confounds The Crisis In Nursing Home Care With An Unneeded Jurisdictional Channeling Requirement, Marko W. Kipa

Journal of Health Care Law and Policy

No abstract provided.

Go to article

Statutory Limits On Punitive Damages In Nursing Home Negligence Tort Actions: Preventing The Collapse Of The Private Nursing Home, Terrance J. Shanahan Jan 2001

Statutory Limits On Punitive Damages In Nursing Home Negligence Tort Actions: Preventing The Collapse Of The Private Nursing Home, Terrance J. Shanahan

Journal of Health Care Law and Policy

No abstract provided.

Go to article

Public Policy Implications Of Liability Regimes For Injuries Caused By Persons With Alzheimer's Disease, Edward P. Richards Jan 2001

Public Policy Implications Of Liability Regimes For Injuries Caused By Persons With Alzheimer's Disease, Edward P. Richards

Georgia Law Review

People in the United States and the developed world are living longer than ever before. While gains in the average life expectancy have been modest, these gains greatly underestimate the growth of the elderly population. Most of this elderly population is healthier and more active in everyday life than people of comparable age in decades past. The amelioration of many of the diseases of age has accentuated the problems of the chronic diseases for which there are no effective treatments. Perhaps the most devastating of these is Alzheimer's disease, a progressive dementia leading to incapacity and death. As discussed in …

Go to article

Lawyers' Ethical Dilemmas: A "Normal" Relationship When Representing Demented Clients And Their Families, Robert B. Fleming, Rebecca C. Morgan Jan 2001

Lawyers' Ethical Dilemmas: A "Normal" Relationship When Representing Demented Clients And Their Families, Robert B. Fleming, Rebecca C. Morgan

Georgia Law Review

The Anglo-American legal system, based as it is on an adversary system of justice, assumes that two or more legal combatants, capably arguing their respective positions, can best ensure that the correct answer will become apparent to a neutral decisionmaker, the judge. The system assumes competent parties with adept legal representation, presenting their respective sides of the case with little involvement by the judge. This ideal can be difficult, even impossible, to reach when one party is demented.' Indeed, in such a case the problem with this traditional legal model is even deeper-there may be no clear adversarial distinction between …

Go to article

Decisionmaking At The End Of Life: Patients With Alzheimer's Or Other Dementias, Leslie P. Francis Jan 2001

Decisionmaking At The End Of Life: Patients With Alzheimer's Or Other Dementias, Leslie P. Francis

Georgia Law Review

Patients with dementia present difficult issues for health-care decisionmaking. This article addresses the moral and legal issues posed by end of life decisionmaking for such patients. In general, the ethical goals of care are to assure that patients' choices are respected and that patients' best interests are protected. These goals may not always recommend the same decisions about care, however, and there is controversy about how they should be balanced when they conflict. In addition, the law may not always further these goals, nor be as helpful as it could be in resolving conflicts between them. In the bioethics literature, …

Go to article

Freedom Fading: On Dementia, Best Interests, And Public Safety, Bruce Jennings Jan 2001

Freedom Fading: On Dementia, Best Interests, And Public Safety, Bruce Jennings

Georgia Law Review

Having Alzheimer's Disease does not make a person evil, but it does sometimes cause behavior that poses a danger to the person with dementia or to others. On what grounds can we justify overriding and restricting the liberty of a person with dementia? How far should such restrictions go? Who should authorize them and who should carry them out, and under what theory? Given that all behavior carries some degree of risk, what level of risk is acceptable? What should society tolerate as a part of the back- ground conditions within which most people conduct their lives? To what level …

Go to article

Predictive Genetic Testing For Alzheimer's Disease In Long-Term Care Insurance, Mark A. Rothstein Jan 2001

Predictive Genetic Testing For Alzheimer's Disease In Long-Term Care Insurance, Mark A. Rothstein

Georgia Law Review

The promise of new genetic research is the ability to prevent, treat, and cure a wide range of physical and mental disorders-both monogenic and complex disorders. While astonishing progress has been made in gene discovery and the development of genetic tests, progress has been much slower in developing medicalinterventions. Consequently, there is likely to be a gap of varying and indetermi- nate time-lasting years or decades-between the ability to identify and predict genetic risk and the ability to prevent, treat, or cure the condition. The gap between the ability to predict genetic risk and the ability to ameliorate the risk …

Go to article

Dispute Resolution And Dementia: Seeking Solutions, Erica F. Wood Jan 2001

Dispute Resolution And Dementia: Seeking Solutions, Erica F. Wood

Georgia Law Review

With the rise in dementia, 2nd and 3rd party disputes will be more frequent. The elderly population with cognitive impairments is growing rapidly. By 2030, the population aged 65 years and older is expected to reach 70 million, more than double the number in 1998.1 Moreover, the older population itself is getting older. While a decline in mental function is not an inevitable part of the normal aging process, the likelihood of dementia or related brain disorders increases with advancing age. The prevalence of dementia doubles every five years in the elderly, growing from a disorder that affects one percent …

Go to article

Foreword, Edward D. Spurgeon, Charles P. Sabatino, Nancy M. Coleman, Stephen R. Mcconnell, Rebecca C. Morgan Jan 2001

Foreword, Edward D. Spurgeon, Charles P. Sabatino, Nancy M. Coleman, Stephen R. Mcconnell, Rebecca C. Morgan

Georgia Law Review

The Joint Conference on Legal/Ethical Issues in the Progression of Dementia grew out of the pressing need to address the very real legal and ethical dilemmas that arise in situations like the one of Marie McDonough Larson and her family. Five groups joined forces to sponsor the Conference: the Borchard Foundation Center on Law and Aging; the Alzheimer's Association; the American Bar Association's Commission on Legal Problems of the Elderly; the National Academy of Elder Law Attorneys; and the University of Georgia School of Law. Held at the Center for Continuing Education at the University of Georgia, the Conference spanned …

Go to article

Recommendations Of The Joint Conference Jan 2001

Recommendations Of The Joint Conference

Georgia Law Review

Health-care and financial planning for the client with diminished capacity requires a holistic approach that includes consideration of the realities of dementia progression, cultural and linguistic diversity, capacity that may vary over time, issues of surrogate decision making, and recognition of the client's vulnerability to abuse, neglect, exploitation and undue influence. A goal of legal planning should be to limit the use of guardianship to the greatest extent possible.

Go to article

Foreword: Joint Conference On Legal/Ethical Issues In The Progression Of Dementia, Edward D. Spurgeon Jan 2001

Foreword: Joint Conference On Legal/Ethical Issues In The Progression Of Dementia, Edward D. Spurgeon

Scholarly Works

The Joint Conference on Legal/Ethical Issues in the Progression of Dementia grew out of the pressing need to address the very real legal and ethical dilemmas that arise in situations like the one of Marie McDonough Larson and her family. Five groups joined forces to sponsor the Conference: the Borchard Foundation Center on Law and Aging; the Alzheimer's Association; the American Bar Association's Commission on Legal Problems of the Elderly; the National Academy of Elder Law Attorneys; and the University of Georgia School of Law. Held at the Center for Continuing Education at the University of Georgia, the Conference spanned …

Go to article

Dementia Research: Ethics And Policy For The Twenty-First Century, Rebecca Dresser Jan 2001

Dementia Research: Ethics And Policy For The Twenty-First Century, Rebecca Dresser

Georgia Law Review

People in developed countries rank dementia among the most feared threats to human health and life. With an increasing portion of the U.S. population living into the seventh, eighth, and ninth decades, the incidence of dementia is on the rise. So is the incidence of dementia research. In an effort to lighten the burdens on future patients and caregivers, government agencies, pharmaceutical companies, and philanthropic organizations are devoting abundant resources to the study of dementia. Like most human endeavors, dementia research can yield both benefits and harms. On the positive side, research holds out the possibility of better medications and …

Go to article

Thinking About Life-Sustaining Treatment Late In The Life Of A Demented Person, Thomas Finucane Jan 2001

Thinking About Life-Sustaining Treatment Late In The Life Of A Demented Person, Thomas Finucane

Georgia Law Review

This paper will consider a specific clinical situation: an elderly patient with dementia who becomes seriously ill, where treatment would likely be burdensome but might prolong life. Generic questions are described and the lawyerly Standard Paradigm is developed. Questions are raised about every step of the Standard Paradigm. Finally, there is a discussion of two treatment decisions that are commonly faced late in the course of advanced dementia: tube feeding and attempted cardiopulmonary resuscitation.

Go to article

Nursing Home Residents And The New California Health Care Decisions Law, David M. English, Rebecca C. Morgan Apr 2000

Nursing Home Residents And The New California Health Care Decisions Law, David M. English, Rebecca C. Morgan

Faculty Publications

This article explores issues involving advance directives made by nursing home residents, both prior to and during their stay in a facility, including the frequency of making directives, the reasons why residents fail to make directives, and the reasons why facilities often fail to honor them. Specifically, this article examines these issues in light of the 1999 California Health Care Decisions Law, effective July 1, 2000, and focuses on how this new statute can be used to empower nursing home residents, and adults more generally, to take control of decisions regarding their own health care.

Go to article

Adapting Unitary Principles Of Professional Responsibility To Unique Practice Contexts: A Reflective Model For Resolving Ethical Dilemmas In Elder Law, Joseph A. Rosenberg Jan 2000

Adapting Unitary Principles Of Professional Responsibility To Unique Practice Contexts: A Reflective Model For Resolving Ethical Dilemmas In Elder Law, Joseph A. Rosenberg

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Assisted Living Resources On The Web, Robin Schard Jan 2000

Assisted Living Resources On The Web, Robin Schard

Articles

No abstract provided.

Go to article

Aging, Rights, And Quality Of Life: Prospects For Older People With Developmental Disabilities, Mark C. Weber Jan 2000

Aging, Rights, And Quality Of Life: Prospects For Older People With Developmental Disabilities, Mark C. Weber

Loyola University Chicago Law Journal

No abstract provided.

Go to article

The Elder Law Symposium Edition, Elizabeth Brandt Jan 2000

The Elder Law Symposium Edition, Elizabeth Brandt

Articles

No abstract provided.

Go to article

Elder Law Symposium Edition, Elizabeth Brandt Jan 2000

Elder Law Symposium Edition, Elizabeth Brandt

Articles

No abstract provided.

Go to article

Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger Jan 2000

Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger

UIC Law Review

No abstract provided.

Go to article

Book Review, Kenneth J. Kowalski Jan 2000

Book Review, Kenneth J. Kowalski

Law Faculty Articles and Essays

Reviewing L. S. Platt & C. Ventrell-Monsees, Age Discrimination Litigation, James Publishing (2000)

Go to article

Internet Resources For Retirement Planning, Robin Schard Jan 2000

Internet Resources For Retirement Planning, Robin Schard

Articles

No abstract provided.

Go to article

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman Jan 2000

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

Faculty Articles

In this Article, I will bring into view the family, or more explicitly, the dependency hidden within the assumed family. Policy development and social theory considerations should center on assessing the appropriateness of the aspirations and expectations we have for the family. This assessment is crucial to one of the most compelling problems facing society at the end of the Twentieth Century-the increasing inequitable and unequal distribution of societal resources and the corresponding poverty of women and children.

Go to article

First Prev Next Last