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985 full-text articles. Page 31 of 37.

The Death Of The State Death Tax Credit: Can It Be Resuscitated?, Patrick R. Thiessen 2012 Marquette University Law School

The Death Of The State Death Tax Credit: Can It Be Resuscitated?, Patrick R. Thiessen

Marquette Elder's Advisor

This article provides an overview of the Economic Growth and Tax Relief Reconciliation Act of 2001's (EGTRRA's) estate tax reforms and how they have impacted the states. Additionally, this article examines the lessons that might be learned from the history of the state death tax credit, how the states developed their state estate taxation schemes based on the state death tax credit, the congressional decision to repeal the state death tax credit and the states' limited responses, two states' differing responses to EGTRRA, and the study of the possible impact of the evolving state estate taxation landscape on ...


Ptsd And Its Effects On Elderly, Minority, And Female Veterans Of All Wars, Craig M. Kabatchnick 2012 Marquette University Law School

Ptsd And Its Effects On Elderly, Minority, And Female Veterans Of All Wars, Craig M. Kabatchnick

Marquette Elder's Advisor

This article focuses solely on post-traumatic stress disorder (PTSD) in those soldiers who experienced combat during Korea, Vietnam, Afghanistan, and Iraq. Alarmingly, these veterans are aging without the proper care for PTSD. This article highlights the effects that PTSD has on aging veterans while offering solutions to promulgate a proper care facility for PTSD patients. There is also a focus on veterans who are unable to receive special care and ultimately commit a crime because of their PTSD. As a result, the concluding portion of this article focuses on those veterans who could possibly use PTSD as a viable legal ...


The Normative Influence Of The Fifth Commandment On Filial Responsibility, Charlotte K. Goldberg 2012 Loyola Law School

The Normative Influence Of The Fifth Commandment On Filial Responsibility, Charlotte K. Goldberg

Marquette Elder's Advisor

Goldberg's article looks at the Fifth Commandment's obligation of honoring one's parents as one source of filial responsibility laws. The article's goal is to suggest how concepts from the Jewish Law regarding the Fifth Commandment can add intangible benefit to undertaking the obligation of financial and physical care of an elderly parent.


A Survey Of The Fifty States' Grandparent Visitation Statutes, Michael K. Goldberg 2012 Marquette University Law School

A Survey Of The Fifty States' Grandparent Visitation Statutes, Michael K. Goldberg

Marquette Elder's Advisor

No abstract provided.


At The Crossroads Of Age And Disability: Can Practitioners Rely On The Amended Ada And The Adea To Provide Adequate Recourse For The Older Disabled Individual?, Christopher E. Pashler, Brian C. Lambert 2012 Marquette University Law School

At The Crossroads Of Age And Disability: Can Practitioners Rely On The Amended Ada And The Adea To Provide Adequate Recourse For The Older Disabled Individual?, Christopher E. Pashler, Brian C. Lambert

Marquette Elder's Advisor

This article explores the interconnectedness of age and disability in relation to the Americans with Disabilities Act of 1990 (ADA) and the Age Discrimination in Employment Act (ADEA). The purpose of the article is to explore the impact of recent ADEA litigation and the ADAAA on practitioners who are considering pleading either an ADEA claim or an ADA claim relating to age and disability.


Table Of Contents, 2012 Marquette University Law School

Table Of Contents

Marquette Elder's Advisor

No abstract provided.


The Role Of Private Responsibility In Closing The Gap Between Knowledge And Practice In Long-Term Care, Marshall B. Kapp 2012 Southern Illinois University School of Law and School of Medicine

The Role Of Private Responsibility In Closing The Gap Between Knowledge And Practice In Long-Term Care, Marshall B. Kapp

Marquette Elder's Advisor

Kapp discusses the expanding need for long-term care services by looking at the goal put forward by aging policy analyst Dr. Larry Polivak of closing the gap between knowledge and practice in the United States long-term care financing and delivery system. The article first discusses points of agreement between Kapp and Polivak's viewpoints. Kapp then discusses how their viewpoints diverge and puts forth his own policy views about public versus private responsibility as it applies to long-term care.


Elder Investments: A Critique Of Professional And Consumer Mediocrity, Errold F. Moody Jr. 2012 Marquette University Law School

Elder Investments: A Critique Of Professional And Consumer Mediocrity, Errold F. Moody Jr.

Marquette Elder's Advisor

This article deals with the investing problems faced by many elderly today. Moody asserts that investor problems are primarily caused by a lack of knowledge in all levels of American financing, investing, and retirement planning. The article examines recent systemic failures that demonstrate how lack of knowledge continues to promote system failure, despite its grievous impact on the elderly who rely on their investments for income when they can no longer work.


Closing The Gap Between Knowledge And Practice In The U.S. Long-Term Care System, Larry Polivka 2012 Marquette University Law School

Closing The Gap Between Knowledge And Practice In The U.S. Long-Term Care System, Larry Polivka

Marquette Elder's Advisor

The push for Medicaid reform is evident in the Deficit Reduction Act (DRA), which was crafted, in part, as a response to state-level dissatisfaction with existing waiver options. The DRA spells significant changes for Medicaid, as it institutes deep revisions of some of the program's core elements. The most significant components of the DRA's reforms include the expansion of state options and the simplification of the option approval process. This article examines the newly available options that will most notably affect Medicaid services to the elderly, especially long-term care, and it summarizes program revisions under consideration or active ...


Making Better Long-Term Care Decisions, Robert L. Kane MD 2012 University of Minnesota School of Public Health

Making Better Long-Term Care Decisions, Robert L. Kane Md

Marquette Elder's Advisor

No abstract provided.


Negotiating For Resident-Centered Care, Eric M. Carlson 2012 Marquette University Law School

Negotiating For Resident-Centered Care, Eric M. Carlson

Marquette Elder's Advisor

This article examines how lack of consumer knowledge contributes to the current disparities in residential care. Carlson explains how consumers can negotiate for better service and get their care tailored to their specific needs through managing interactions with the healthcare professionals and facility staff. The article also acknowledges that there is currently a gradual change occurring in residential care.


Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect, David R. Hoffman 2012 Marquette University Law School

Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect, David R. Hoffman

Marquette Elder's Advisor

Hoffman discusses how criminal and civil action by way of state criminal statutes and the False Claims Act should be utilized against institutions that receive governmental funding to motivate them to provide residents with adequate services. The article outlines how elder care institutions can provide effective care for their residents through appropriate employment screening and on-boarding, reporting and monitoring and thorough investigative procedures


From The Editor: Introduction To The Kindness Of Strangers, Alison Barnes 2012 Marquette University Law School

From The Editor: Introduction To The Kindness Of Strangers, Alison Barnes

Marquette Elder's Advisor

No abstract provided.


Table Of Contents, 2012 Marquette University Law School

Table Of Contents

Marquette Elder's Advisor

No abstract provided.


"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name), Margaret K. Dore 2012 Marquette University Law School

"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name), Margaret K. Dore

Marquette Elder's Advisor

Death with Dignity Acts in Oregon and Washington authorize physicians to write life-ending prescriptions for their patients. This article addresses various problems with the Acts, including the wording about who may administer the lethal drug and the fact that both Acts lack a consent requirement when the lethal dose is administered. This article also addresses counter arguments offered by proponents of the Acts.


International Rights Of Older Persons: What Difference Would A New Convention Make To Lives Of Older People?, Israel Doron, Itai Apter 2012 Marquette University Law School

International Rights Of Older Persons: What Difference Would A New Convention Make To Lives Of Older People?, Israel Doron, Itai Apter

Marquette Elder's Advisor

This article tries to answer the following question: What difference, if any, would a new convention on the rights of older persons make to the lives of older people in light of the previous experiences with the Convention on the Eliminations of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC)? In order to answer this question, the authors focus on the existing legal literature on international human rights law, with a particular focus on international human rights treaties. To better understand international human rights treaties, the article also discusses the CRC ...


Power Of Attorney: Convenient Contract Or Dangerous Document?, Catherine Seal 2012 Marquette University Law School

Power Of Attorney: Convenient Contract Or Dangerous Document?, Catherine Seal

Marquette Elder's Advisor

This article addresses the durable general power of attorney, tracing its evolution from general principles of agency law to the new Uniform Power of Attorney Act. The author also discusses the utility of the power of attorney as a tool to assist a senior who wishes to avail themselves of the services of an agent. From this perspective, the author addresses fiduciary duty and fiduciary liability, common problems with the power of attorney, and proposed methods of dealing with such problems.


International Human Rights And The Elderly, Jaclynn M. Miller 2012 Marquette University Law School

International Human Rights And The Elderly, Jaclynn M. Miller

Marquette Elder's Advisor

This article argues that despite the international instruments that make reference to the rights of the elderly, steps still need to be taken to ensure that both laws and enforcement policies are being created internationally and nationally to protect the elderly, especially those who need institutionalized care. For this to occur, better enforcement mechanisms must be created, primarily an international treaty specifically designed to protect the rights of the elderly. In the course of this argument, the article discusses the definition of old age, the existing international legal framework for the protection of the elderly, and examples of elder abuse ...


Policy And Custodial Grandparents, Carole B. Cox 2012 Fordham University

Policy And Custodial Grandparents, Carole B. Cox

Marquette Elder's Advisor

In recent years there has been a rapid increase in a new type of American family, one in which grandparents have become the sole custodians of their grandchildren, raising them without any parent present. Government, through its policies, can play a major role in addressing the challenges that custodial grandparents face. This article discusses many of the key policies that impact the lives of custodial grandparents.


"Gray Touch": Professional Issues In The Uncertain Zone Between "Good Touch" And "Bad Touch", Joseph L. Daly, Michael S. Maza, Colleen M. Daly 2012 Hamline University School of Law

"Gray Touch": Professional Issues In The Uncertain Zone Between "Good Touch" And "Bad Touch", Joseph L. Daly, Michael S. Maza, Colleen M. Daly

Marquette Elder's Advisor

This article explores “good touch,” “bad touch,” and the uncertain area of “gray touch.” First, this article examines the concept of “good touch.” Then, this article moves to the concept of “bad touch” and examines the role of the law in regulating touch. Finally, this article introduces the concept of “gray touch” and explores ways for professionals to approach the often misunderstood and troublesome issue of “touch” in our current murky and litigious environment.


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