Supported Decision-Making: Potential And Challenges For Older Persons, 2022 Center for Public Representation
Supported Decision-Making: Potential And Challenges For Older Persons, Morgan K. Whitlatch, Rebekah Diller
Articles
In recent years, supported decision-making (SDM) has gained traction as a recognized alternative to guardianship for persons with disabilities in the United States. To date, SDM has not been as widely recognized as an alternative for older people, particularly those struggling with cognitive decline. This paper explores some of the obstacles that have prevented SDM from being used more broadly by older people, identifies ways of surmounting some of those obstacles, and makes recommendations for ways that SDM can be used in the aging context.
Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, 2021 Brooklyn Law School
Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker
Brooklyn Journal of International Law
Advancements in technology allow people to place phone calls half a world away via the internet. This technology has made it easier and cheaper for consumers to communicate, but it has also made it easier for scammers to reach more unsuspecting victims. In 2020, TrueCaller, an app designed to block scam phone calls, successfully blocked, and identified 31.3 billion spam calls in 20 countries. In the same year, Americans alone lost a total of USD $ 29.8 billion to scam calls. This Note argues that phone scams continue to be lucrative, in part, because criminal prosecutions of transnational crimes are …
Property Law For The Ages, 2021 Benjamin N. Cardozo School of Law
Property Law For The Ages, Michael C. Pollack, Lior Jacob Strahilevitz
Articles
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, more …
Property Law For The Ages, 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, more …
Proof Of Objective Falsehood: Liability Under The False Claims Act For Hospice Providers, 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.
Trust In And Ethical Design Of Carebots: The Case For Ethics Of Care, 2021 Singapore Management University
Trust In And Ethical Design Of Carebots: The Case For Ethics Of Care, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
The paper has two main objectives: to examine the challenges arising from the use of carebots as well as to discuss how the design of carebots can deal with these challenges. First, it notes that the use of carebots to take care of the physical and mental health of the elderly, children and the disabled as well as to serve as assistive tools and social companions encounter a few main challenges. They relate to the extent of the care robots’ ability to care for humans, potential deception by robot morphology and communications, (over)reliance on or attachment to robots, and the …
Inheritance Crimes, 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 example, states have criminalized …
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
UAEU Law Journal
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, social …
"As Long As I'M Me": From Personhood To Personal Identity In Dementia And Decision-Making, 2021 Elisabeth Haub School of Law at Pace University
"As Long As I'M Me": From Personhood To Personal Identity In Dementia And Decision-Making, James Toomey
Elisabeth Haub School of Law Faculty Publications
As people, especially older people, begin to develop dementia, we confront ethical questions about when and how to intervene in their increasingly compromised decision-making. The prevailing approach in philosophically-inclined bioethics to tackling this challenge has been to develop theories of “decision-making capacity” based on the same characteristics that entitle the decisions of moral persons to respect in general. This Article argues that this way of thinking about the problem has missed the point. Because the disposition of property is an identity-dependent right, what matters in dementia and decision-making is an individual’s personal identity with their prior self, not their moral …
Tennessee State Plan On Aging, Oct. 1, 2021-Sept. 30, 2025, 2021 Tennessee State Library and Archives
Tennessee State Plan On Aging, Oct. 1, 2021-Sept. 30, 2025, Tennessee. Commission On Aging And Disability
State Plans
The Tennessee State Plan on Aging for provides policy makers, service providers, and the general population with appropriate data about trends and implications for the current aging population as well as the impact of the increase in the aging population due to the aging baby boomer generation.
Table Of Contents, 2021 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Wills Formalities In Post-Pandemic World: A Research Agenda, 2021 Elisabeth Haub School of Law at Pace University
Wills Formalities In Post-Pandemic World: A Research Agenda, Bridget J. Crawford, Kelly Purser, Tina Cockburn
Elisabeth Haub School of Law Faculty Publications
The COVID-19 global pandemic has brought new focus to human mortality. The virus has reminded many people that they need to have a valid will or otherwise make plans for the effective transmission of their property on death. Yet stay-at-home orders and social distancing recommendations make it difficult or impossible to comply with the traditional rules for validly executing wills. Across most common law jurisdictions, the traditional requirements call for two witnesses in the physical presence of the testator. Because of the practical difficulties of safely executing documents during the pandemic with witnesses assembled in physical proximity, many jurisdictions internationally …
How To End Our Stories: A Study Of The Perspectives Of Seniors On Dementia And Decision-Making, 2021 Elisabeth Haub School of Law at Pace University
How To End Our Stories: A Study Of The Perspectives Of Seniors On Dementia And Decision-Making, James Toomey
Elisabeth Haub School of Law Faculty Publications
Because dementia can cause individuals to make decisions that they otherwise would not, the law needs a mechanism to determine which decisions are entitled to the respect of the legal system and which may be overridden by others. In the philosophical literature, three primary theories for how to make this determination have been offered. First, "Cognitivism" posits that whether a decision should be recognized is a function of the mechanical functioning of the individual's brain at the time the decision is made. Second, "Essentialism" holds that decisions should be recognized so long as they are consistent with the cluster of …
Social Determinants Of Health And Slippery Slopes In Assisted Dying Debates: Lessons From Canada, 2021 Dalhousie University - Schulich School of Law
Social Determinants Of Health And Slippery Slopes In Assisted Dying Debates: Lessons From Canada, Jocelyn Downie, Udo Schuklenk
Articles, Book Chapters, & Popular Press
The question of whether problems with the social determinants of health that might impact decision-making justify denying eligibility for assisted dying has recently come to the fore in debates about the legalization of assisted dying. For example, it was central to critiques of the 2021 amendments made to Canada’s assisted dying law. The question of whether changes to a country’s assisted dying legislation lead to descents down slippery slopes has also come to the fore—as it does any time a jurisdiction changes its laws. We explore these two questions through the lens of Canada’s experience both to inform Canada’s ongoing …
Attitudes Toward Withholding Antibiotics From People With Dementia Lacking Decisional Capacity: Findings From A Survey Of Canadian Stakeholders, 2021 Université de Sherbrooke
Attitudes Toward Withholding Antibiotics From People With Dementia Lacking Decisional Capacity: Findings From A Survey Of Canadian Stakeholders, Gina Bravo, Lieve Van Den Block, Jocelyn Downie, Marcel Arcand, Lise Trottier
Articles, Book Chapters, & Popular Press
Background
Healthcare professionals and surrogate decision-makers often face the difficult decision of whether to initiate or withhold antibiotics from people with dementia who have developed a life-threatening infection after losing decisional capacity.
Methods
We conducted a vignette-based survey among 1050 Quebec stakeholders (senior citizens, family caregivers, nurses and physicians; response rate 49.4%) to (1) assess their attitudes toward withholding antibiotics from people with dementia lacking decisional capacity; (2) compare attitudes between dementia stages and stakeholder groups; and (3) investigate other correlates of attitudes, including support for continuous deep sedation (CDS) and medical assistance in dying (MAID). The vignettes feature a …
Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice, 2021 University of Pittsburgh School of Law
Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice, Mary Crossley
Articles
The unevenly distributed pain and suffering from the COVID-19 pandemic present a remarkable case study. Considering why the coronavirus has devastated some groups more than others offers a concrete example of abstract concepts like “structural discrimination” and “institutional racism,” an example measured in lives lost, families shattered, and unremitting anxiety. This essay highlights the experiences of Black people and disabled people, and how societal choices have caused them to experience the brunt of the pandemic. It focuses on prisons and nursing homes—institutions that emerged as COVID-19 hotspots –and on the Medicaid program.
Black and disabled people are disproportionately represented in …
So Many Have Died: Covid-19 In America's Nursing Homes, 2021 University of Missouri School of Law
So Many Have Died: Covid-19 In America's Nursing Homes, David M. English
Faculty Publications
As of the date of this writing in late September 2020, over 77,000 residents and staff of long-term care facilities have died of COVID-19 with more to come. This article will describe the reasons for this mass wave of death and provide practical suggestions for attorneys who represent a resident or family members of residents.
School-To-Prison Pipeline, 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. This …
Effects On Employees' Compensation Under The Right To Disconnect, 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.