Elder Law Commons^™

The Implementation Of Oregon’S Death With Dignity Act: Reassuring, But More Data Are Needed, David Orentlicher

Scholarly Works

Undoubtedly, empirical data from Oregon will play a key role for academics, legislators, judges, and the public as debate over the legalization of physician-assisted suicide continues. A central issue in the debate is whether a right to assisted suicide can be limited to only the truly compelling cases, or whether it will in practice be provided to patients who choose it out of depression, coercion, or misunderstanding. Empirical research can provide critical insights into this question.

Legal Resources On Elder Abuse In The Institutional Setting, Robin Schard

Articles

No abstract provided.

Internet Resources Related To Nursing Care Facilities, Robin Schard

Articles

No abstract provided.

Living Trusts In The Unauthorized Practice Of Law: A Good Thing Gone Bad, Angela M. Vallario

All Faculty Scholarship

An elderly man recently lost his wife and visits the lawyer's office for assistance in the administration of her estate. After the attorney expresses her condolences, she asks if his wife had a will. The client reaches into a brown shopping bag and retrieves a two-and-a-half inch black binder containing several trusts. The elderly gentleman and his deceased wife were told this would eliminate the expensive legal nightmare of probate. Unfortunately, like many others, this couple was victimized by a trust mill.

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 …

Finding Internet Sites On Elder Issues: Health And Human Services, Robin Schard

Articles

No abstract provided.

Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose

UIC Law Review

No abstract provided.

Elder Law-Related Organizations On The Internet, Robin Schard

Articles

No abstract provided.

Creating The 'Portable' Guardianship: Legal And Practical Implications Of Probate Court Cooperation In Interstate Guardianship Cases, Charlene D. Daniel, Paula Hannaford-Agor

Faculty Publications

In this article, we discuss the legal and practical issues associ­ated with interstate guardianships--that is, those guardianships in which the ward has ties to more than one state. Part I addresses these issues in the context of jurisdictional questions, securing nec­essary information, judicial monitoring and enforcement of guardi­anship orders, and property management. Part II proposes some modest solutions to these problems, many borrowed from other ar­eas of law (e.g., child support enforcement, child custody determinations, enforcement of civil protection orders, involuntary civil commitment).

This abstract has been taken from the authors' introduction.

Unprotected Until Forty: The Limited Scope Of The Age Discrimination In Employment Act Of 1967, Bryan B. Woodruff

Indiana Law Journal

No abstract provided.

Probate From The Ground Up, Oregon Law Institute, Shirley A. Bass, Stephen E. Kantor, Ron D. Bailey, Dean T. Sandow, Mark M. Williams, James R. Cartwright, Carolyn W. Miller, Richard A. Pagnano

Oregon Law Institute, 1998

Course Materials from the May 15, 1998 Program in Portland

Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins

Oregon Law Institute, 1998

Course Materials from the April 10, 1998 Program in Portland

Saving Granny From The Wolf: Elder Abuse And Neglect--The Legal Framework, Seymour Moskowitz

Law Faculty Publications

No abstract provided.

Re-Examining Elder Law Practices: Reflections On Ageism, Linda S. Whitton

Law Faculty Publications

No abstract provided.

Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland

UIC Law Review

No abstract provided.

To Notarize, Or Not To Notarize ... Is Not A Question Of Judging Competence Or Willingness Of Document Signers, 31 J. Marshall L. Rev. 1013 (1998), Klint L. Bruno

UIC Law Review

No abstract provided.

Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King

Faculty Publications By Year

No abstract provided.

New Remedies For Elder Abuse And Neglect, Seymour Moskowitz

Law Faculty Publications

No abstract provided.

Evaluating The Case For Social Security Reform: Elderly Poverty, Paternalism And Private Pensions, Maria O'Brien

Faculty Scholarship

This Article considers the many arguments currently being made in favor of Social Security pension reform and evaluates each of them in terms of the principal Congressional goal of the program-the elimination of elderly poverty-as well as more recent goals that have been articulated by subsequent commentators such as a reduction in government paternalism and the maximization of retirement income. The Article begins with a short history of the public pension program in the United States and considers at length the details of the various reform proposals that currently enjoy support. In addition it examines the enormously regressive tax structure …

Guardianships And Conservatorships, Oregon Law Institute, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch

Oregon Law Institute, 1997

Course Materials from the October 10, 1997 Program in Portland

Distributions From Qualified Plans And Ira' S, Oregon Law Institute, Everett R. Moreland, Bruce J. Temkin, Deborah L. Thomas

Oregon Law Institute, 1997

Course Materials from the June 13, 1997 Program in Portland

Advanced Issues For Elderlaw Practitioners, Oregon Law Institute, Michael E. Haglund, Penny L. Davis, Richard A. Pagnano, Donna R. Meyer, Tim Nay, Sam Friedenberg

Oregon Law Institute, 1997

Course Materials from the April 18, 1997 Program in Portland

Foundations Of Elderlaw, Oregon Law Institute, Mark M. Williams, Dady K. Blake, Maggie Biondi, J. Geoffrey Bernhardt, Kristianne Cox, S. Jane Patterson, Cinda M. Conroyd, Wesley D. Fitzwater, Elizabeth A. Mckinney

Oregon Law Institute, 1997

Course Materials from the April 18, 1997 Program in Portland

A Feminist View Of American Elder Law, Rebecca Korzec

All Faculty Scholarship

ANY discussion of contemporary American elder law must consider gender issues. A number of gender concerns are readily discernible, including workplace and family issues. Significantly, sex-based disparities are increasing within the elderly population. In turn, these disparities exacerbate problems of fairness and equity in meeting intergenerational family needs and expectations.

As with childrearing, in contemporary American society, the major caregiving responsibility for the growing number of frail elderly falls largely on women rather than men. With an increasing number of women working outside the family home, the intersection of work and family issues is receiving considerable attention both in academic …

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.

This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal

UIC Law Review

No abstract provided.

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 …

Terminal Decisions: Landmark Cases In The Path Toward Ethical End-Of-Life Care, Phebe Saunders Haugen

Faculty Scholarship

This brief article discusses the history of end-of-life care from a legal perspective. The article highlights important cases in Minnesota.

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

University of Richmond Law Review

Thirty-three years ago, in the course of debating the legislation that eventually was enacted into law as the Civil Rights Act of 1964, Congress began-albeit very tentatively-to address age discrimination in the workplace. While it rejected attempts to amend the 1964 bill to include age within the then-pending menu of proscribed bases for workplace decision-making, i.e., race, color, national origin, religion, and sex, Congress did direct the Secretary of Labor to undertake a study to ascertain the nature and extent of age bias in employment and to make recommendations for dealing with this discrimination, if it in fact existed.

Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North

University of Richmond Law Review

In deciding cases under the Age Discrimination in Employment Act (ADEA), several circuit courts of appeals have interpreted the tripartite test set forth in McDonnell Douglas v. Green to mean that a plaintiff could prevail in proving individual disparate treatment by proving a prima facie case and that the employer's proffered reasons were a pretext. The Third, Seventh and Eighth Circuits concluded that a showing that a proffered justification is pretextual is equivalent to a finding that the employer intentionally discriminated. In other words, "the plaintiff is entitled to judgment as a matter of law when, in the third stage …