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Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


State Automatic Enrollment Iras After The Trump Election: Are They Preempted By Erisa?, Kathryn L. Moore 2019 University of Kentucky

State Automatic Enrollment Iras After The Trump Election: Are They Preempted By Erisa?, Kathryn L. Moore

Law Faculty Scholarly Articles

In recent years, a number of states have sought to close the retirement savings funding gap by enacting legislation mandating that employers that do not sponsor a voluntary pension plan for their employees automatically enroll their employees in a state-administered IRA program. This Article focuses on the most serious legal challenge these programs face: ERISA preemption.

The Article begins by providing an overview of the state automatic enrollment IRA programs. It then discusses a regulatory safe harbor created for these programs in 2016 and disapproved under the Congressional Review Act in 2018. It then turns to the question whether, in ...


Ongoing Challenges For Pennsylvania Continuing Care And Life Plan Communities, Katherine C. Pearson, David M. Sarcone 2019 Dickinson College

Ongoing Challenges For Pennsylvania Continuing Care And Life Plan Communities, Katherine C. Pearson, David M. Sarcone

Faculty and Staff Publications By Year

The senior living industry, through a key trade organization, LeadingAge, (formerly American Association of Homes & Services for the Aging or AAHSA), recently organized a national rebranding effort for “Continuing Care Retirement Communities.” In 2015, promoters announced “Life Plan Communities” (LPCs) as the choice for a better brand identity. Larry Minnix, the long-time CEO for LeadingAge, observed that a label such as continuing care retirement community is no longer an adequate image, explaining that the name “Life Plan Community” better represents a setting that encourages growth and new experiences, rather than an environment where residents are merely the subject of care ...


Hb 803 - Crimes And Offenses, Scott P. Robertson, Sharnell S. Simon 2018 Georgia State University College of Law

Hb 803 - Crimes And Offenses, Scott P. Robertson, Sharnell S. Simon

Georgia State University Law Review

The Act criminalizes the trafficking of elders, disabled adults, and residents for the purpose of appropriating their resources, such as Social Security and disability benefits. According to the Act, this conduct constitutes a felony and those convicted could serve up to twenty years in prison or receive a fine of up to $100,000, or both. The Act defines relevant terms, exempts physicians and other health care providers who act pursuant to lawful authorization, and repeals all conflicting laws.


Incapacity And The Infancy Illation, Ralph C. Brashier 2018 University of Memphis

Incapacity And The Infancy Illation, Ralph C. Brashier

Arkansas Law Review

As the population of elderly Americans swells in coming decades, growing numbers of citizens will experience some degree of cognitive incapacity and require the assistance of surrogate decision-makers. Consequently, the decisions of guardians, conservators, and agents will become increasingly important. Experts have frequently noted that, despite modern reforms, doctrines concerning surrogate decision-making are problematic and often do not result in outcomes that maximize autonomy and promote respect for the unique personhood of the adult with diminished capacity. Unlike other writings that seek to refashion or clarify surrogate decision-making statutes and standards, this Article suggests that a more fundamental problem lies ...


The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School of Law 2018 Roger Williams University

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Eugenio Mantovani, Dr. Benny Spanier, Prof. Israel (Issi) Doron 2018 University of Haifa

Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Eugenio Mantovani, Dr. Benny Spanier, Prof. Israel (Issi) Doron

DePaul Journal for Social Justice

No abstract provided.


Avoiding Prolonged Dementia, Norman L. Cantor 2018 Rutgers Law School - Newark

Avoiding Prolonged Dementia, Norman L. Cantor

Norman Cantor

The scourge of Alzheimer's is daunting.  For me, the specter of being mired in progressively degenerative dementia is an intolerably degrading prospect. One avoidance tactic -- suicide while still competent – risks a premature demise while still enjoying a tolerable lifestyle.  The question arises whether an alternative tactic -- an advance directive declining all life-sustaining intervention once a certain point of debilitation is reached -- might be preferable as a device to avoid a prolonged, unwanted limbo.  My article in the forthcoming Hastings Center Report (HCR) presents the legal and moral foundation for my advance directive declining even simplistic interventions at a relatively ...


End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright 2018 University of Maryland Francis King Carey School of Law

End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright

Maryland Law Review

Autonomy is a central principle in many areas of health law. In the case of end-of-life decision-making law and policy, however, the principle of autonomy requires revision. On the whole, law conceptualizes autonomy at the end of life as an individual making private, personal decisions based solely on their interests and values, and independent of others. But ordinary people understand autonomous decisionmaking at the end of life differently, in a way that acknowledges the importance of their interpersonal relationships. Social science research has documented that strengthening relationships with others, sharing responsibility in the decision-making process with healthcare providers, and taking ...


“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts, Michael L. Perlin 2018 Seattle University School of Law

“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts, Michael L. Perlin

Seattle University Law Review

For forty years, we have known that involuntary civil commitment hearings are—in most jurisdictions—“charades.” When the Supreme Court noted, in Parham v. J.R., that the average length of a civil commitment hearing ranged from 3.8 to 9.2 minutes, the reaction of many who had done these cases was, “What? So long?!” The characterization of such hearings as being a “greased runway” to a state institution has never been disputed. Lawyers representing these individuals were bored or contemptuous; judges simply wanted to get cases moving; opposing counsel looked at their wrist watches to see when the ...


Removing Obstacles To A Peaceful Death, Kathy L. Cerminara, Barbara A. Noah 2018 Nova Southeastern University

Removing Obstacles To A Peaceful Death, Kathy L. Cerminara, Barbara A. Noah

Faculty Scholarship

We all will die, but the American health care system often impedes a peaceful death. Instead of a quiet death at home surrounded by loved ones, many of us suffer through overutilization of sometimes-toxic therapeutic interventions long past the time when those interventions do more good than harm. This article proposes revisions to health professional training and payment policy to eliminate as much as possible physical and existential suffering while progressing through the terminal phase of illness. The solution lies in seamless progression from treatment with integrated palliative care to hospice before death, but provider attitudes and payor practices must ...


Texas Leads In Penalized Nursing Homes, Joanne Doroshow 2018 New York Law School

Texas Leads In Penalized Nursing Homes, Joanne Doroshow

Other Publications

No abstract provided.


End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright 2018 Penn State Law

End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright

Journal Articles

Autonomy is a central principle in many areas of health law. In the case of end-of-life decision-making law and policy, however, the principle of autonomy requires revision. On the whole, law conceptualizes autonomy at the end of life as an individual making private, personal decisions based solely on their interests and values, and independent of others. But ordinary people understand autonomous decisionmaking at the end of life differently, in a way that acknowledges the importance of their interpersonal relationships. Social science research has documented that strengthening relationships with others, sharing responsibility in the decision-making process with healthcare providers, and taking ...


Dispensing (With) Electronic Wills, Thomas E. Simmons 2017 University of South Dakota School of Law

Dispensing (With) Electronic Wills, Thomas E. Simmons

Thomas E. Simmons

No abstract provided.


Caring For Humanity: Non-Profit Elderly Law, Sierra Samp 2017 California State University, Monterey Bay

Caring For Humanity: Non-Profit Elderly Law, Sierra Samp

Capstone Projects and Master's Theses

This Capstone was an internship that focused on care in Humanity at Legal Services for Seniors. There is a journal that includes the observations of care in the law office. I focus on how attorneys care for each clients humanness while they are working on their cases. Attorneys may be doing work that can be quite intimidating, but the care they give is quite extraordinary.


Prevention Of Illness, Paul Bernstein 2017 Selected Works

Prevention Of Illness, Paul Bernstein

Paul Bernstein, MD, JD, FACC

No abstract provided.


Video Surveillance In Nursing Homes, Elizabeth G. Adelman 2017 University at Buffalo School of Law

Video Surveillance In Nursing Homes, Elizabeth G. Adelman

Elizabeth Adelman

No abstract provided.


Exploitation And Abuse Of The Elderly During The Great Recession: A Maine Practitioner's Perspective, Denis T. Culley, Hannah Sanders University of Maine School of Law 2017 University of Maine School of Law

Exploitation And Abuse Of The Elderly During The Great Recession: A Maine Practitioner's Perspective, Denis T. Culley, Hannah Sanders University Of Maine School Of Law

Maine Law Review

The practitioner often cringes on first exposure to elder abuse. Beating, cheating, or cynically misusing a parent or other beloved elder not only shocks and disheartens those who stumble upon it, but often leaves the practitioner, like the poet, with “a tighter breathing and Zero at the bone.” Nothing in our culture prepares us to behold the abused elder. The elder herself is often similarly shocked and ashamed. Many times, an abused elder is in denial and may feel that she has somehow allowed the abuse to occur. Or the elder may feel that the abuser—oftentimes a family member ...


Table Of Contents, 2017 Marquette University Law School

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Activation Measures In Social Security: Lessons From The Dutch Case , 2017 Marquette University Law School

Activation Measures In Social Security: Lessons From The Dutch Case

Marquette Benefits and Social Welfare Law Review

Dutch social security has undergone important changes since the 1990s, in that the focus shifted from predominantly compensating the loss of income into giving incentives for claimants and benefits recipients to stay in or get back to work. While still providing a relatively high level of benefit if there is no chance to work (to the full extent), the legislature has been quite creative in adopting conditions that stimulate persons to do their best to be in work. For this purpose, this is interesting for an American audience, since the USA system is far less generous out of fear that ...


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