Elder Law Commons^™

Advancing A Feasible Solution To Cross-Border Employment Enforcement Mechanisms, Alina Veneziano

Marquette Benefits and Social Welfare Law Review

This study analyzes the prior and current practice of the judiciary in deciding cases of extraterritorial applications of U.S. anti-discrimination statutes, such as Title VII, the ADA, and the ADEA. Specifically, it analyzes when and to what extent courts have applied the protections of these Acts to foreign elements. In 1991, Aramco held that legislation of Congress, unless a contrary intent is shown, is meant to apply only within the territorial borders of the United States. Because of the congressional silence in Title VII, the Supreme Court in Aramco dismissed the case even though it involved a claim of discriminatory …

The Perils Of Self-Directed Iras, Kathryn Kennedy

Marquette Benefits and Social Welfare Law Review

Individual retirement accounts were created in 1974 as tax-sheltered retirement savings for employees whose employer did not offer an employer-provided retirement vehicle. Since then, they have been used primarily as rollover vehicles, such that amounts accumulated under employer-provided retirement plans can be rolled over into an individual retirement account. This Article examines the perils involved with a rollover IRA owner decides to invest his IRA assets in non-traditional assets.

Holding The Therapeutic State At Bay? Balancing Autonomy And Protection In Singapore's Vulnerable Adults Act, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

Abuse, exploitation and neglect of adults raise complex issues on the freedom of the individual to choose for themselves versus the powers of the State to intervene. The law has traditionally limited the scope of compulsory intervention to extreme situations only which can frustrate social workers who deal with such cases. On the other hand, it would be unacceptable to allow intervention simply because it is assessed to be in the adults’ best interests. A balance therefore has to be struck between autonomy and protection. This paper examines how Singapore’s Vulnerable Adults Act identifies the point for intervention and embodies …

Through The Icu Darkly: Transparency And The Texas Advance Directives Act, John J. Locurto

Faculty Articles

Conflicts arise when a physician deems life-sustaining interventions futile, but a patient or surrogate presses for treatment to continue. The Texas Advance directives Act uses a procedural approach to resolve these disputes. The Act’s multi-step scheme is nationally recognized, yet the public knows little about how it works. The Texas legislature should fix this by requiring hospitals to report how they use the Act’s dispute resolution mechanism.

Paternity And The Quasi-Marital Child, The Honorable Diana Tennis

Child and Family Law Journal

No abstract provided.

Protecting The Millennial Generation: Beyond The Scope Of The Internet, Alexandria Vasquez Esq.

Child and Family Law Journal

No abstract provided.

Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq.

Child and Family Law Journal

No abstract provided.

The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan

Child and Family Law Journal

This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …

Intercountry Adoption: Testing Out The Child Before You Purchase Intensive Look At The Home Study And Placement Supervision Of Intercountry Adoption, Jessica Etienne Esq.

Child and Family Law Journal

No abstract provided.

The Human Right To A Fair Start In Life, Matthew Hamity Esq.

Child and Family Law Journal

No abstract provided.

The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi

Child and Family Law Journal

No abstract provided.

Elder Law And Special Needs Planning (2019), Bernard A. Krooks, Elizabeth Valentin

Books

Part One, written by Bernard A. Krooks, Esq., examines the scope and practice of elder law in New York State, covering areas such as Medicaid, long-term care insurance, powers of attorney and health care proxies. Part Two, written by Jessica R. Amelar, Esq., gives the attorney a step-by-step overview of the drafting of a will, from the initial client interview to the will execution.

This practice guide provides an extensive overview to the practice of elder law, special needs planning and will drafting for attorneys entering this field. Health care proxies and related documents, conflicts of interest and ethical considerations, …

10th Annual Pegalis Law Group Health Law Colloquium, New York Law School

Health Law Society Publications

Federalism, ERISA, and State Single-Payer Health Care. How to Make Sense of Future Legislation and the Impact on Population Health

(CLE Presentation on Oct. 24th 2019)

Moderator:

Adam S. Herbst, Esq., Senior Vice President, Chief Legal and Strategic Planning Officer of Blythedale’s Children Hospital; Adjunct Professor at New York Law School teaching Health Law and Policy; Co-director of the NYLS Health Law and Patient Safety Project; Lecturer, Mailman School of Public Health at Columbia University

Panelists:

Honorable Richard N. Gottfried, New York State Assembly (District 75) & Chairman of the Assembly's Committee on Health and Sponsor of …

Karma And The United States Government: How Mass Incarceration Policies Created An Ailing And Costly Aging Population In The Prison System And How Can Civil Legal Services Assist The Elderly After Release, Korina Rud

Cardozo Journal of Equal Rights & Social Justice

The note argues that mass incarceration policies in the U.S. have led to a growing population of elderly inmates, resulting in significant financial and health burdens. The author emphasizes the critical role of civil legal services in assisting these individuals post-release, particularly in addressing challenges related to employment, housing, and healthcare. The central argument is that tailored legal aid can mitigate the unique struggles faced by elderly ex-offenders, thereby reducing recidivism and improving community integration.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Tax, Class, Women, And Elder Care, Nancy E. Shurtz

Seattle University Law Review

As the fastest-growing urban area in the United States—and due to its emerging national influence in commercial real estate development and leasing through transformational transactions such as Amazon’s recently completed national HQ2 search—the City of Seattle and related Washington State laws addressing the use of dual agency in commercial transactions present a unique backdrop for examining the findings and recommendations from a 2014 commercial real estate conflicts of interest research study and attendant report, described below, more than four years after its publication. In November 2014, a published research study report made a number of key observations about the existence …

The Health Care Costs Of Financial Exploitation In Maine, Kimberly I. Snow Mhsa, Yvonne Jonk Phd, Deborah Thayer Mba, Catherine Mcguire Bs, Stuart Bratesman Mpp, Charles A. Smith Phd, Erika C. Ziller Phd

Disability & Aging

This study sought to determine the Medicare and Medicaid costs experienced by dual eligible older adults in Maine for whom Maine Adult Protective Services (APS) substantiated allegations of elder financial exploitation and to compare them to those of Maine’s general older population. The analysis is an important step forward in estimating the medical costs associated with elder abuse.

Elder financial exploitation may result in significant public burden on Medicare and Medicaid, shouldered by taxpayers. Efforts to detect, investigate, prosecute, and mitigate this abuse will benefit not only the victims, but also the financial stewardship of these public programs.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Portable Medical Order Sets (Polst®): Ethical And Legal Landscape, Sharona Hoffman

Faculty Publications

Anyone who has observed the dying of a loved one or who has thought about medical care in the final months of life may be concerned about end-of-life care. How can individuals ensure that their care fits their needs and preferences if they cannot express these because of dementia, confusion, or other frailties? Some worry that they will receive care that is painful and aggressive in the last stages of disease even though they would prefer comfort care only. By contrast, others worry that physicians will withhold therapeutic care because they assume that such care is unwanted by patients who …

Understanding The Gap Between Law And Practice: Barriers And Alternatives To Tailoring Adult Guardianship Orders, Eleanor Crosby Lanier

Buffalo Public Interest Law Journal

No abstract provided.