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A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach 2022 University of Cincinnati College of Law

A Covid Silver Lining? How Telework May Be A Reasonable Accommodation After All, Baylee Kalmbach

University of Cincinnati Law Review

No abstract provided.


Social Security Benefits Continue To Fall Short Of Covering Cost Of Basic Needs For Older Americans, 2021, Jan Mutchler, Nidya Velasco Roldán 2022 University of Massachusetts Boston

Social Security Benefits Continue To Fall Short Of Covering Cost Of Basic Needs For Older Americans, 2021, Jan Mutchler, Nidya Velasco Roldán

Center for Social and Demographic Research on Aging Publications

Social Security benefits fall short of what is required to cover the basic cost of living across the United States, according to new estimates based on the Elder Index, a county-by-county measure of the income older adults need to secure an independent lifestyle. Nationally, the average Social Security benefit covers just 68% of basic living expenses of housing, food, transportation, and health care for a single renter in 2021, and 81% for an older couple. The gap between Social Security benefits and what it takes to get by is especially problematic for older adults who rely largely or entirely on ...


Adult Conservatorship In The United States: Flaws And Proposed Solutions To The Legal System, Margaret Sheffield, Alex Stevens 2022 Brigham Young University

Adult Conservatorship In The United States: Flaws And Proposed Solutions To The Legal System, Margaret Sheffield, Alex Stevens

Brigham Young University Prelaw Review

Despite attempts to protect incapacitated adults in the United States, financial exploitation of the elderly and disabled remains a serious problem. Adult conservatorships are often established to offer incapacitated adults protection. However, many cases of adult conservatorships lead to increased abuse due to lack of accountability from conservators. This paper provides a brief overview of abuse towards incapacitated adults and proposes a solution in the form of a federal office entitled the Office of Adult Conservatorship and Guardianship Enforcement (OACE) which would be established under the United States Department of Health and Human Services.


The Generational Squeeze: A Commentary On Multi- Generational Special Needs And Benefit Planning In Georgia, Christopher Wages 2022 Mercer University School of Law

The Generational Squeeze: A Commentary On Multi- Generational Special Needs And Benefit Planning In Georgia, Christopher Wages

Mercer Law Review

As the generation of baby boomers—individuals born between 1946 and 1964—grow older, their children are being progressively squeezed between caring for aging parents and the demands of a family of their own, giving rise to the term “sandwich generation.” The current population of fifty-three million baby boomers over the age of sixty-five accounts for 16% of the populace. As such, younger generations are finding themselves sandwiched between the financial, emotional, and physical needs of their aging parents and young children. This challenging situation is further exacerbated for families dealing with disabilities, and this scenario is only becoming more ...


Revisiting The Visitor: Maine's New Uniform Probate Code & The Evolving Role Of The Court-Appointed Visitor In Adult Guardianship Reform, Lisa Kay Rosenthal 2022 University of Maine School of Law

Revisiting The Visitor: Maine's New Uniform Probate Code & The Evolving Role Of The Court-Appointed Visitor In Adult Guardianship Reform, Lisa Kay Rosenthal

Maine Law Review

A judge may appoint a guardian for an adult who does not have the capacity to make decisions affecting their own health or welfare. However, the power of the guardian—while intended to serve a protective function—potentially invites financial, physical, and emotional abuse of the most vulnerable members of society. To help a probate judge understand the circumstances of a guardianship and the need for protection, probate courts in Maine appoint a “visitor” to interview both the person allegedly in need of a guardianship and the proposed guardian. The visitor submits a report to the court which contains the ...


How Should Inheritance Law Remediate Inequality?, Felix B. Chang 2022 University of Washington School of Law

How Should Inheritance Law Remediate Inequality?, Felix B. Chang

Washington Law Review

This Article argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic stations of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom, or the freedom to distribute property in a will as one sees fit, fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy (i.e., the system of property distribution for a person who dies without a will) splinters property rights and inhibits their ...


When Legal Incapacity Becomes A Lack Of Personhood: Why A Ward's Ability To Sue In Their Own Name Should Be A Fundamental Aspect Of Virginia Guardianship, Rachel Davis 2022 William & Mary Law School

When Legal Incapacity Becomes A Lack Of Personhood: Why A Ward's Ability To Sue In Their Own Name Should Be A Fundamental Aspect Of Virginia Guardianship, Rachel Davis

William & Mary Journal of Race, Gender, and Social Justice

It is a fundamental failing of any legal system when it is unable to protect the most vulnerable within its population. Whether we are comfortable admitting it or not, guardian abuse of incapacitated wards has been well-documented across all fifty states. Virginia is no exception, and this lack of oversight leaves one of our most vulnerable populations without recourse. This Note argues that by simply granting a ward the ability to bring suit in their own name, Virginia may strike a significant blow to the dysfunction that systematically infects the guardianship process. This Note highlights Virginia statute and case law ...


The Visualities And Aesthetics Of Prosecuting Aged Defendants, Mark Drumbl, Caroline Fournet 2022 Washington and Lee University School of Law

The Visualities And Aesthetics Of Prosecuting Aged Defendants, Mark Drumbl, Caroline Fournet

Scholarly Articles

The prosecution—whether domestic or international—of international crimes and atrocities may implicate extremely aged defendants. Much has been written about the legalisms that inhere (or not) in trying these barely alive individuals. Very little however has been written about the aesthetics the barely alive encrust into the architecture of courtrooms, the optics these defendants suffuse into the trial process, and the expressive value of punishing them. This is what we seek to do in this project.


Cognitive Decline And The Workplace, Sharona Hoffman 2022 Case Western Reserve University School of Law

Cognitive Decline And The Workplace, Sharona Hoffman

Faculty Publications

Cognitive decline will increasingly become a workplace concern because of three intersecting trends. First, the American population is aging. In 2019, 16.5 percent of the population, or fifty-four million people, were age 65 and over, and the number is expected to increase to seventy-eight million by 2025. Dementia is not uncommon among older adults, and by the age of eighty-five, between twenty-five and fifty percent of individuals suffer from this condition. Second, individuals are postponing retirement and prolonging their working lives. For example, about a quarter of physicians are over sixty-five, as are fifteen percent of attorneys. The average ...


Dividing The Plausible Sheep From The Meritless Goats: The Fate Of Stock Drop Litigation, 29 Elder L.J. 393 (2022), Kathryn J. Kennedy 2022 UIC School of Law

Dividing The Plausible Sheep From The Meritless Goats: The Fate Of Stock Drop Litigation, 29 Elder L.J. 393 (2022), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

The Employee Retirement Income Security Act of 1974 (“ERISA”) provides federal oversight over employee benefit plans, specifically employee stock ownership plans (“ESOPs”) in which participants' and beneficiaries' retirement savings are in the form of employer stock. It imposes stringent fiduciary duties, especially for individuals or entities that purchase, hold, and sell plan assets, including the duties of prudence, loyalty, and diversification of plan assets. In encouraging the formation of ESOPs, Congress exempts them from the fiduciary duty of diversification and the fiduciary duty of prudence to the extent it requires diversification. As the value of publicly traded employer stock held ...


Property Law For The Ages, Michael C. Pollack, Lior Jacob Strahilevitz 2021 William & Mary Law School

Property Law For The Ages, Michael C. Pollack, Lior Jacob Strahilevitz

William & Mary Law Review

Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for decades for the ways in which it oppresses or simply leaves behind people based on their race, sex, Native heritage, and more. This Article contributes a new focus on property law’s treatment of people based on their advanced age. Burdened by higher relocation costs ...


Proof Of Objective Falsehood: Liability Under The False Claims Act For Hospice Providers, Sebastian West 2021 University of Cincinnati College of Law

Proof Of Objective Falsehood: Liability Under The False Claims Act For Hospice Providers, Sebastian West

University of Cincinnati Law Review

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Fall 2021, 2021 University of Maryland Francis King Carey School of Law

Mid-Atlantic Ethics Committee Newsletter, Fall 2021

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Inheritance Crimes, David Horton, Reid Kress Weisbord 2021 University of Washington School of Law

Inheritance Crimes, David Horton, Reid Kress Weisbord

Washington Law Review

The civil justice system has long struggled to resolve disputes over end-of-life transfers. The two most common grounds for challenging the validity of a gift, will, or trust— mental incapacity and undue influence—are vague, hinge on the state of mind of a dead person, and allow factfinders to substitute their own norms and preferences for the donor’s intent. In addition, the slayer doctrine—which prohibits killers from inheriting from their victims—has generated decades of constitutional challenges.

But recently, these controversial rules have migrated into an area where the stakes are significantly higher: the criminal justice system. For ...


Rights And Duties Of Old People In Islam An Illustration Of The Security/ Insurance Systems In Saudi Arabia, 2021 United Arab Emirates University

Rights And Duties Of Old People In Islam An Illustration Of The Security/ Insurance Systems In Saudi Arabia

Journal Sharia and Law

Islam has forereached the west in establishing the rights and duties of old people. This principle is considered, from an Islamic point of view, a means of devotion and worship to God that would achieve security of Muslims in their life and help them acquire god's contentment in the afterlife. Islam jurisprudence is based on bringing about utility and forcing out tribulations. The present study deals with the rights and duties of old people in Islam as stipulated in the Holy Quran and Sunnah. According to these two sources, old people are allowed to get involved in the retirement ...


School-To-Prison Pipeline, Haley Walker 2021 Marquette University Law School

School-To-Prison Pipeline, Haley Walker

Marquette Benefits and Social Welfare Law Review

This article explores the intersect between mentally ill youth and the juvenile justice system. Mentally ill youth are disproportionately represented at every stage in the juvenile justice system due to their symptoms being mistaken for delinquent behavior. This stems from the legislators reforming the juvenile justice system from rehabilitative to punitive over the years in an attempt to hold delinquent youth accountable for their actions. Federal statutes have been enacted and federally funded programs have been implemented that seek to address the mental health crisis in today’s youth and keep mentally ill youth out of the juvenile justice system ...


Compassion: A Critical Skill For Law Students, Stephanie Smith Ledesma, MA, JD, CWLS 2021 Marquette University Law School

Compassion: A Critical Skill For Law Students, Stephanie Smith Ledesma, Ma, Jd, Cwls

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Table Of Contents, 2021 Marquette University Law School

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Effects On Employees' Compensation Under The Right To Disconnect, Tyler Jochman 2021 Marquette University Law School

Effects On Employees' Compensation Under The Right To Disconnect, Tyler Jochman

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Wisconsin Law Reinforces White Supremacy Through Article Xiii, Section 3 Of The State Constitution, Felicia L. Owen, JD 2021 Marquette University Law School

Wisconsin Law Reinforces White Supremacy Through Article Xiii, Section 3 Of The State Constitution, Felicia L. Owen, Jd

Marquette Benefits and Social Welfare Law Review

No abstract provided.


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