Open Access. Powered by Scholars. Published by Universities.®

Elder Law Commons

Open Access. Powered by Scholars. Published by Universities.®

985 Full-Text Articles 760 Authors 814,225 Downloads 93 Institutions

All Articles in Elder Law

Faceted Search

985 full-text articles. Page 32 of 37.

Table Of Contents, 2012 Marquette University Law School

Table Of Contents

Marquette Elder's Advisor

No abstract provided.


New Standards For The Involuntary Commitment Of The Mentally Ill: "Danger" Redefined, Elizabeth A. McGuan 2012 Northern Illinois University College of Law

New Standards For The Involuntary Commitment Of The Mentally Ill: "Danger" Redefined, Elizabeth A. Mcguan

Marquette Elder's Advisor

McGuan's article examines the way legislatures have amended their involuntary commitment statutes to allow for the more aggressive commitment of the mentally ill. The article discusses whether the definition of dangerous conduct in an Illinois amendment deprives a mentally ill person of a fundamental liberty interest guaranteed by the Constitution. The article begins with an overview of mental health law in the United States since World War II, followed by an analysis of the constitutionality of the Illinois amendment.


Life, Liberty, And The Pursuit Of Death Of The Inconvenient Other , Jonathan Penn 2012 Marquette University Law School

Life, Liberty, And The Pursuit Of Death Of The Inconvenient Other , Jonathan Penn

Marquette Elder's Advisor

This article looks at end-of-life issues, focusing on physician-assisted suicide, whether the United States government's numerous responsibilities created by the Older Americans Act and other similar acts, such as the government's financial limitations, and a growing elderly population will lead to a deterioration of society's view of elders and a legitimization and acceptance of assisted suicide.


Bringing Age Discrimination And Disability Discrimination Together: Too Few Intersections, Too Many Interstices, Leslie Pickering Francis, Anita Silvers 2012 Emery Professor of Law

Bringing Age Discrimination And Disability Discrimination Together: Too Few Intersections, Too Many Interstices, Leslie Pickering Francis, Anita Silvers

Marquette Elder's Advisor

Old age and disability would seem to have adverse features in common. Membership in either group suggests depleted capability, decreased social contribution, significant fragility, and heightened susceptibility to maltreatment by other people. Yet some have argued that no wrong occurs when advanced age is made disadvantageous, for the elderly have had a fair chance at the goods of life. By contract, this argument goes, there is never a fair chance for people with disabilities. This article challenges the view that takes discrimination based on disability and discrimination based on age as so discrepant that they do not deserve similar efforts ...


The Elderly With A Disability: Social Security And Representative Payment, Michael J. Churgin 2012 University of Texas School of Law

The Elderly With A Disability: Social Security And Representative Payment, Michael J. Churgin

Marquette Elder's Advisor

This article looks at the elderly with disability and how the intersection of social security.


Old Lawyers, Blue Eyes, And The Medicalization Of Aging, Michael J. Myers 2012 University of South Dakota School of Law

Old Lawyers, Blue Eyes, And The Medicalization Of Aging, Michael J. Myers

Marquette Elder's Advisor

The article examines the "medicalization" of the aging process and the pitfalls of the increased medical care and myths about what constitutes "healthy" later in life. Financial reward and fear of death drive the increasing amount and extensiveness of care for chronic disease encountered in older adults, sometimes to an unnecessary end. The author puts forth the theory that older adults are now part of a weakened generation, rooted in a refusal to "suffer their reality" and ignore the fact that aging is not a disease, that is, not until it is placed under a doctor's care.


The Tbi Impact: The Truth About Traumatic Brain Injuries And Their Indeterminate Effects On Elderly, Minority, And Female Veterans Of All Wars, Craig M. Kabatchnick 2012 Marquette University Law School

The Tbi Impact: The Truth About Traumatic Brain Injuries And Their Indeterminate Effects On Elderly, Minority, And Female Veterans Of All Wars, Craig M. Kabatchnick

Marquette Elder's Advisor

Traumatic Brain Injury (TBI) is the signature injury of Operation Enduring Freedom (OEF) and Operation Iraq Freedom (OIF). This article examines the reasons for increased TBI injuries, calculates the costs associated with those injuries, and evaluates TBI at the Department of Veterans Affairs. This article discusses the current diagnosis challenges, and addresses the subsequent impact of TBI on special populations including military veterans, racial minorities, women, and the elderly.


Disability And Aging: Historical And Contemporary Challenges, William N. Myhill, Peter Blanck 2012 Marquette University Law School

Disability And Aging: Historical And Contemporary Challenges, William N. Myhill, Peter Blanck

Marquette Elder's Advisor

This article discusses the challenges that elderly with disabilities face in the work place. The article explores the theme historically and today as they impact qualify of life for persons with and aging into disability.


Age Discrimination In The Delivery Of Health Care Services To Our Elders, Phoebe Weaver Williams 2012 Marquette University Law School

Age Discrimination In The Delivery Of Health Care Services To Our Elders, Phoebe Weaver Williams

Marquette Elder's Advisor

This article examaines age discrimination by health care providers. The author provides suggestions and recommendations to remedy this type of discrimination


Table Of Contents, 2012 Marquette University Law School

Table Of Contents

Marquette Elder's Advisor

No abstract provided.


Religious Refusal: Endangering Pregnant Women And Professional Standards, Stephane P. Fabus 2012 Marquette University Law School

Religious Refusal: Endangering Pregnant Women And Professional Standards, Stephane P. Fabus

Marquette Elder's Advisor

No abstract provided.


Unsung Survivors: Va Advocacy For The Spouses, Widows, And Children Of Elderly Veterans, Craig M. Kabatchnick, Jonathan B. Kelly 2012 North Carolina Central University School of Law

Unsung Survivors: Va Advocacy For The Spouses, Widows, And Children Of Elderly Veterans, Craig M. Kabatchnick, Jonathan B. Kelly

Marquette Elder's Advisor

No abstract provided.


Due Process And The Guardian Ad Litem In Elder Law Disputes: Which Hat Will She Don With Her Cloak Of Neutrality?, Roger A. Eddleman, John A. DiNucci 2012 Marquette University Law School

Due Process And The Guardian Ad Litem In Elder Law Disputes: Which Hat Will She Don With Her Cloak Of Neutrality?, Roger A. Eddleman, John A. Dinucci

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.


The Commerciality Doctrine As Applied To The Charitable Tax Exemption For Homes For The Aged: State And Local Perspectives, David A. Brennen 2012 University of Georgia School of Law

The Commerciality Doctrine As Applied To The Charitable Tax Exemption For Homes For The Aged: State And Local Perspectives, David A. Brennen

David A. Brennen

This essay examines the question of how state and local government officials should consider federal tax law principles, like the commerciality doctrine, when they challenge state and local property tax exemptions that rely, at least in part, on tax-exempt charitable status for federal income tax purposes. In particular, this essay uses the example of CCRCs [continuing care retirement communities] to consider tax-exempt law's commerciality doctrine in an attempt to discern distinctions between “homes for the aged” that are “charitable,” and thus entitled to exemption, and those that are too commercial, and thus not entitled to exemption. In fact, one ...


Financial Decision-Making For Adults Lacking The Capacity To Make Their Own Decisions, David M. English 2012 University of Missouri School of Law

Financial Decision-Making For Adults Lacking The Capacity To Make Their Own Decisions, David M. English

Faculty Publications

A significant percentage of individuals lack sufficient mental capacity to make financial, health, and personal-care decisions for at least some period during their lifetimes. For those who die suddenly, that period may be brief. For those with Alzheimer’s Disease or other forms of dementia, the period of incapacity may last many years.


Family Caregiving And The Law Of Succession: A Proposal, Thomas P. Gallanis, Josephine Gittler 2012 University of Iowa

Family Caregiving And The Law Of Succession: A Proposal, Thomas P. Gallanis, Josephine Gittler

University of Michigan Journal of Law Reform

As the American population ages, the need for long-term care, already great, will become even greater. Some of this care is paid for by government programs, such as Medicaid, and by individual long-term care insurance policies. But the combination of the public fisc and private insurance are, and will continue to be, insufficient to pay for all of the care our seniors and adults with disabilities need. The provision of care in a family residence by one or more family members is an important component of our health care delivery system and must be supported and encouraged by public policy ...


Assisted Death And The Slippery Slope—Finding Clarity Amid Advocacy, Convergence, And Complexity, Mary J. Shariff 2012 University of Manitoba School of Law

Assisted Death And The Slippery Slope—Finding Clarity Amid Advocacy, Convergence, And Complexity, Mary J. Shariff

Mary J. Shariff

This paper unpacks the slippery slope argument as it pertains to assisted death. The assisted-death regimes of the Netherlands, Belgium, Luxembourg, Switzerland, and the states of Washington and Oregon are discussed and examined with respect to the slippery slope analytical rubric. In addition to providing a preliminary explanation of how the slippery slope argument has been academically defined and constructed, the paper examines assisted-death models from the perspective of considering what might exist at the top and at the bottom of the slippery slope. It also explores the nature and scope of safeguards implemented to avoid slippage, and shows that ...


Letter Regarding Irs Form 8955-Ssa Participant Notice Requirement, Mia Midenjak, Ellen A. Bruce 2012 New England Pension Assistance Project

Letter Regarding Irs Form 8955-Ssa Participant Notice Requirement, Mia Midenjak, Ellen A. Bruce

Ellen Bruce

On April 27, 2012, the Pension Action Center wrote to the Internal Revenue Service to advocate for the pension rights of American workers and retirees. The Pension Action Center’s letter was prompted by a request from the American Society of Pension Professionals and Actuaries (ASPPA) that plans be relieved of their legal obligation to notify departing workers of their right to a pension.


Letter Regarding Irs Form 8955-Ssa Participant Notice Requirement, Mia Midenjak, Ellen A. Bruce 2012 New England Pension Assistance Project

Letter Regarding Irs Form 8955-Ssa Participant Notice Requirement, Mia Midenjak, Ellen A. Bruce

Pension Action Center Publications

On April 27, 2012, the Pension Action Center wrote to the Internal Revenue Service to advocate for the pension rights of American workers and retirees. The Pension Action Center’s letter was prompted by a request from the American Society of Pension Professionals and Actuaries (ASPPA) that plans be relieved of their legal obligation to notify departing workers of their right to a pension.


Digital Commons powered by bepress