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Articles 541 - 570 of 1207
Full-Text Articles in Elder Law
Filial Support Laws In The Modern Era: Domestic And International Comparison Of Enforcement Practices For Laws Requiring Adult Children To Support Indigent Parents, Katherine C. Pearson
Filial Support Laws In The Modern Era: Domestic And International Comparison Of Enforcement Practices For Laws Requiring Adult Children To Support Indigent Parents, Katherine C. Pearson
Faculty Scholarship
Family responsibility and support laws have a long but mixed history. When first enacted, policy makers used such laws to declare an official policy that family members should support each other, rather than draw upon public resources. This article tracks modern developments with filial support laws that purport to obligate adult children to financially assist their parents, if indigent or needy. The author diagrams filial support laws that have survived in the 21st Century and compares core components in the United States (including Puerto Rico) and post-Soviet Union Ukraine. While the laws are often similar in wording and declared intent, …
In Denial: The Role Of Law In Preparing For Death, Barbara A. Noah
In Denial: The Role Of Law In Preparing For Death, Barbara A. Noah
Faculty Scholarship
Only approximately 20% of Americans have engaged in any form of advance care planning and, even among older Americans, the process frequently is delayed until an acute illness provides sufficient pressure to act. End of life law, though flawed, offers some opportunity to express individual values and preferences via advance directives of various kinds in order to prepare for death before it is imminent. Yet many people avoid making these preparations because the thought of death is uncomfortable to confront. This Article considers the utility of existing law in preventing and resolving end of life disputes and avoiding over-utilization of …
Gerontology And The Law: A Selected Annotated Bibliography: 2009-2011 Update, Karen Skinner
Gerontology And The Law: A Selected Annotated Bibliography: 2009-2011 Update, Karen Skinner
Publications
No abstract provided.
Two Conflicts In Context: Lessons From The Schiavo And Bland Cases And The Role Of Best Interests Analysis In The United Kingdom, Barbara A. Noah
Two Conflicts In Context: Lessons From The Schiavo And Bland Cases And The Role Of Best Interests Analysis In The United Kingdom, Barbara A. Noah
Faculty Scholarship
This Essay considers the different approaches to end of life decision making for incapacitated patients in the United States and in the United Kingdom. In the United States, individual patient autonomy is the primary guidepost for making end of life decisions for incapacitated patients. In the United Kingdom, patient preference is openly and deliberately supplemented with a careful consideration of the patient’s best interest. To contrast the two approaches, the Essay focuses on two cases involving patients in permanent vegetative states (PVS) for whom little was known about their respective individual preferences, and it analyzes the differences in conceptualization and …
The Case For Reforming The Program's Spouse Benefits While "Saving Social Security", Peter W. Martin
The Case For Reforming The Program's Spouse Benefits While "Saving Social Security", Peter W. Martin
Cornell Law Faculty Working Papers
The Social Security Act currently provides secondary benefits to the wives or widows of covered workers who retire, become disabled, or die. To qualify, a woman must have been married to the worker for a short period and must be old (sixty-two, dropping to sixty in the case of a widow, fifty in the case of a disabled widow) or caring for children under sixteen. If a wife’s or widow’s primary retired-worker or disability benefits equal or exceed her secondary benefit entitlement, she receives only the primary benefits. However, if her secondary benefit amount is greater she receives both her …
How Do The Elderly Fare In Medical Malpractice Litigation, Before And After Tort Reform? Evidence From Texas, Myungho Paik, Bernard S. Black, David A. Hyman, William M. Sage, Charles M. Silver
How Do The Elderly Fare In Medical Malpractice Litigation, Before And After Tort Reform? Evidence From Texas, Myungho Paik, Bernard S. Black, David A. Hyman, William M. Sage, Charles M. Silver
Faculty Scholarship
The elderly account for a disproportionate share of medical spending, but little is known about how they are treated by the medical malpractice system, or how tort reform affects elderly claimants. We compare paid medical malpractice claims brought by elderly plaintiffs in Texas during 1988–2009 to those brought by adult non-elderly plaintiffs. Controlling for healthcare utilization (based on inpatient days), elderly paid claims rose from about 20% to about 40% of the adult non-elderly rate by the early 2000s. Mean and median payouts per claim also converged, although the elderly were far less likely to receive large payouts. Tort reform …
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose
Pepperdine Law Review
No abstract provided.
The Americans With Disabilities Act, Mental Illness,And Medication: A Historical Perspective And Hope For The Future, Jennifer M. Jackson
The Americans With Disabilities Act, Mental Illness,And Medication: A Historical Perspective And Hope For The Future, Jennifer M. Jackson
Marquette Elder's Advisor
No abstract provided.
Obstacles Faced By The Elderly Veteran, Craig M. Kabatchnick
Obstacles Faced By The Elderly Veteran, Craig M. Kabatchnick
Marquette Elder's Advisor
No abstract provided.
The Responsible Patient: The Senior's Obligation To Conserve Medical Resources, Jeffrey B. Hammond
The Responsible Patient: The Senior's Obligation To Conserve Medical Resources, Jeffrey B. Hammond
Marquette Elder's Advisor
No abstract provided.
Overutilization And Underutilization Of Preventive Services In Elderly Populations, A Conundrum , Freeman L. Farrow Md, Jd
Overutilization And Underutilization Of Preventive Services In Elderly Populations, A Conundrum , Freeman L. Farrow Md, Jd
Marquette Elder's Advisor
No abstract provided.
Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum
Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum
Marquette Elder's Advisor
No abstract provided.
The Economics Of Prevention And Medicare: The Challenge, Potential Solutions And Current Results, Adam Atherly Ph.D., Zhou Yang
The Economics Of Prevention And Medicare: The Challenge, Potential Solutions And Current Results, Adam Atherly Ph.D., Zhou Yang
Marquette Elder's Advisor
No abstract provided.
Chronic Care And Prevention: Evolution In Practice And Finance, John V. Jacobi
Chronic Care And Prevention: Evolution In Practice And Finance, John V. Jacobi
Marquette Elder's Advisor
No abstract provided.
Prevention Paradigms, Over-Diagnosis And Treatment, And Mad Men, Alison Barnes
Prevention Paradigms, Over-Diagnosis And Treatment, And Mad Men, Alison Barnes
Marquette Elder's Advisor
No abstract provided.
Negligence Liability's Role In Changing Pharmacotherapy Responsibilities, Andrew F. Spillane
Negligence Liability's Role In Changing Pharmacotherapy Responsibilities, Andrew F. Spillane
Marquette Elder's Advisor
No abstract provided.
Putting Equity Back In Reverse Mortgages: How State Legislatures Can Bring Fairness To Home Equity Conversion Mortgages, Andrew S. Helman
Putting Equity Back In Reverse Mortgages: How State Legislatures Can Bring Fairness To Home Equity Conversion Mortgages, Andrew S. Helman
Marquette Elder's Advisor
No abstract provided.
The Medico-Legal Aspects Of Dementia-Driven Sexual Abuse In Nursing Homes, Lisa Tripp
The Medico-Legal Aspects Of Dementia-Driven Sexual Abuse In Nursing Homes, Lisa Tripp
Marquette Elder's Advisor
No abstract provided.
Funding Stem Cell Research: The Covergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone
Funding Stem Cell Research: The Covergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone
Marquette Elder's Advisor
No abstract provided.
Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara, Federico Gustavo Pizzetti, Watcharin H. Photangtham
Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara, Federico Gustavo Pizzetti, Watcharin H. Photangtham
Marquette Elder's Advisor
No abstract provided.
Book Review: Senior Living Communities, Jane Mulcahy
Book Review: Senior Living Communities, Jane Mulcahy
Marquette Elder's Advisor
This book is written to assist an attorney acting as counsel to a senior living community and offers guidelines and checklists. Financial aspects including liability are considered, as are resident services and marketing. It could also serve as a resource for an attorney considering options for a client.
Book Review: Aging In The Law: An Interdisciplinary Reader , Jane Mulcahy
Book Review: Aging In The Law: An Interdisciplinary Reader , Jane Mulcahy
Marquette Elder's Advisor
This book provides a comprehensive foundation of the underlying social, economic, political, and legal aspects of some of the issues facing senior citizens. Articles and essays touch on the areas of healthcare, mental capacity, pensions, Social Security reform, elder abuse, long-term care, and legal representation.
The Adea, Your Partner, And You
The Adea, Your Partner, And You
Marquette Elder's Advisor
The Age Discrimination in Employment Act (ADEA) applies to lawyers and law firms, and older lawyers may have a cause for action after termination. This column highlights the pitfalls a law firm faces in terminating older lawyers, or lawyers who are physically or mentally impaired.
The Future Of Medicare: Preserving A Structurally Sound Program For Tomorrow, Alfred J. Chiplin Jr., Brian W. Lindberg
The Future Of Medicare: Preserving A Structurally Sound Program For Tomorrow, Alfred J. Chiplin Jr., Brian W. Lindberg
Marquette Elder's Advisor
This column is an annotated form of a position paper suggesting ways that the Medicare program may be successfully continued into the twenty-first century. Issues discussed are the basic principles to be observed, current concerns and cautions, and concepts for be explored which need further study.
The Alternatives To Guardianship, Andrew P. Brusky
The Alternatives To Guardianship, Andrew P. Brusky
Marquette Elder's Advisor
As guardianship diminished a person's legal rights, alternatives might be considered. This column discusses powers of attorney, living wills, joint and dual signature bank accounts, direct deposit plans, revocable living trusts, and conservatorship.
Legal Research Tools: In Search Of The Best Format, Robin C. Schard
Legal Research Tools: In Search Of The Best Format, Robin C. Schard
Marquette Elder's Advisor
As newer technologies are available for legal research, deciding which research aid will be most effective has grown more complex. Items to consider are cost, updating, mechanical requirements, and finding aids. Schard suggests testing a new system before making a final commitment.
Cognition: The Basis For Competency, Richard E. Finlayson
Cognition: The Basis For Competency, Richard E. Finlayson
Marquette Elder's Advisor
This column investigates different levels and types of cognitive impairment in later life and explains causes and reversibility/irreversibility of different types of dementia, and whether clinical conditions are likely to be recognized by the law as indications of competence.
Naming A Trust As The Beneficiary Of A Qualified Retirement Plan Or Ira, Barbara Freedman Wand
Naming A Trust As The Beneficiary Of A Qualified Retirement Plan Or Ira, Barbara Freedman Wand
Marquette Elder's Advisor
In this column Wand explores the advantages and disadvantages of naming a trust as a retirement plan beneficiary. Reasons such as investment management, spendthrift concerns, and second marriages are discussed, as well as the possible loss of tax advantages that might occur. Particular strategies for overcoming obstacles and fulfilling a multitude of requirements are explored.