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976 full-text articles. Page 5 of 37.

Aging In Comparative Perspective: Processes And Policies, By Ian Gillespie Cook And Jamie Halsall, Jenna M. Cohn 2016 Touro College Jacob D. Fuchsberg Law Center

Aging In Comparative Perspective: Processes And Policies, By Ian Gillespie Cook And Jamie Halsall, Jenna M. Cohn

Journal of Aging, Longevity, Law, and Policy

No abstract provided.


Table Of Contents, 2016 Touro College Jacob D. Fuchsberg Law Center

Table Of Contents

Journal of Aging, Longevity, Law, and Policy

No abstract provided.


Foreword, Patricia E. Salkin 2016 Touro College Jacob D. Fuchsberg Law Center

Foreword, Patricia E. Salkin

Journal of Aging, Longevity, Law, and Policy

No abstract provided.


Introduction, Howard S. Krooks , Guest Editor 2016 Touro College Jacob D. Fuchsberg Law Center

Introduction, Howard S. Krooks , Guest Editor

Journal of Aging, Longevity, Law, and Policy

No abstract provided.


Recharging Adult Guardianship Reform: Six Current Paths Forward, Erica Wood 2016 Touro College Jacob D. Fuchsberg Law Center

Recharging Adult Guardianship Reform: Six Current Paths Forward, Erica Wood

Journal of Aging, Longevity, Law, and Policy

No abstract provided.


The Silver Tsunami: Aging Prisoners, Early Release, Guardianship And Prisoner Advocate Initiatives For Long Term Care Beyond The Prison Walls, Martina E. Cartwright 2016 Touro College Jacob D. Fuchsberg Law Center

The Silver Tsunami: Aging Prisoners, Early Release, Guardianship And Prisoner Advocate Initiatives For Long Term Care Beyond The Prison Walls, Martina E. Cartwright

Journal of Aging, Longevity, Law, and Policy

No abstract provided.


Advance Directives: A Case Of Changing Social Norms And Their Legal Implications, Ira Bedzow 2016 Touro College Jacob D. Fuchsberg Law Center

Advance Directives: A Case Of Changing Social Norms And Their Legal Implications, Ira Bedzow

Journal of Aging, Longevity, Law, and Policy

No abstract provided.


Being Mortal: Medicine And What Matters In The End, By Atul Gwande, Tara Darling 2016 Touro College Jacob D. Fuchsberg Law Center

Being Mortal: Medicine And What Matters In The End, By Atul Gwande, Tara Darling

Journal of Aging, Longevity, Law, and Policy

No abstract provided.


The Ethics Of Health Care Rationing: An Introduction, By Greg Bognar And Iwao Hirose, Alanna McGovern 2016 Touro College Jacob D. Fuchsberg Law Center

The Ethics Of Health Care Rationing: An Introduction, By Greg Bognar And Iwao Hirose, Alanna Mcgovern

Journal of Aging, Longevity, Law, and Policy

No abstract provided.


Running Past Landmines--The Estate Attorney's Dilemma: Ethically Counseling The Client With Alzheimer's Disease, Joseph Karl Grant 2016 Florida A & M University College of Law

Running Past Landmines--The Estate Attorney's Dilemma: Ethically Counseling The Client With Alzheimer's Disease, Joseph Karl Grant

Journal Publications

This Article examines the ethical dilemmas faced by attorneys who represent clients suffering from Alzheimer's disease. To do so, this Article raises three (3) hypothetical case studies,and applies the ABA Model Rules of Professional Conduct, and the American College of Trust and Estate Counsel ("ACTEC") Commentaries, where appropriate, to those hypothetical case studies. Additionally, this Article proposes initiatives to ameliorate the lack of awareness and discussion of Alzheimer's disease in the law school curriculum, and finally, modest initiatives that the practicing bar can embrace to further a discussion and awareness among practicing attorneys about the ethical dilemma ...


Give Them A Reason They Can Understand: An Examination Of Rhode Island's Medicaid Ineligibility Notices To The State's Most Vulnerable Populations, Laura Pickering 2016 J.D.Candidate, Roger Williams University School of Law, 2017

Give Them A Reason They Can Understand: An Examination Of Rhode Island's Medicaid Ineligibility Notices To The State's Most Vulnerable Populations, Laura Pickering

Roger Williams University Law Review

No abstract provided.


The Behavioral Economic Case For Paternalistic Workplace Retirement Plans, Paul M. Secunda 2016 Marquette University Law School

The Behavioral Economic Case For Paternalistic Workplace Retirement Plans, Paul M. Secunda

Indiana Law Journal

Dependence on 401(k) retirement accounts continues to cause a massive retirement crisis in the United States by leaving most workers unprepared for retirement. The voluntary, inaccessible, employer-centered, expensive, and consumer-driven natures of these plans have combined to make retirement a type of corporate-inspired elder abuse in America.

Behavioral economics considers the utility of permitting individual choice in decision-making settings. Many, however, have been misled to believe that greater choice is always better. Yet, according to one prominent commentator, this consumer-driven paradigm will lead to 48% of current workers between the ages of fifty and sixty-four being poor when they ...


From Idiots And Lunatics To Incapacitated Persons And Respondents: The Evolution Of Guardianship Law In Rhode Island, Mark B. Heffner 2016 Roger Williams University School of Law

From Idiots And Lunatics To Incapacitated Persons And Respondents: The Evolution Of Guardianship Law In Rhode Island, Mark B. Heffner

Roger Williams University Law Review

No abstract provided.


Wage Theft As Public Larceny, Elizabeth J. Kennedy 2016 Brooklyn Law School

Wage Theft As Public Larceny, Elizabeth J. Kennedy

Brooklyn Law Review

Home care for the elderly and disabled is a rapidly expanding industry in which structural and regulatory factors contribute to worker vulnerability and exploitation. Systemic exclusion from core federal employment and labor laws, as well as many state and local regulations, results in minimal consequences for employers who violate standards. Despite recent movement at the federal level to create a “new mindset” of rights and regulations, home care workers must be equipped with creative ways to enforce these new rights and to challenge existing gaps in enforcement. With the understanding that two-thirds of the home care industry is financed by ...


Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank 2016 Michigan State University

Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank

Faculty Publications, Department of Psychology

Older adults are an increasingly relevant subpopulation for criminal justice policy but, as yet, are largely neglected in the relevant research. The current research addresses this by reporting on a psychometric evaluation of a measure of older adults’ Confidence in Legal Institutions (CLI). Confirmatory factor analysis (CFA) provided support for the unidimensionality and reliability of the measures. In addition, participants’ CLI was related to cynicism, trust in government, dispositional trust, age, and education, but not income or gender. The results provide support for the measures of confidence in the courts and law enforcement, so we present the scale as a ...


The (Ir)Rationality Of (Un)Informed Consent, Barbara A. Noah 2016 Westen New England University School of Law

The (Ir)Rationality Of (Un)Informed Consent, Barbara A. Noah

Faculty Scholarship

This essay considers the problem of over-utilization of medical care at the end of life and the lack of truly informed consent and briefly considers the multiple causes of these phenomena. It then explores the inherent challenges to making informed medical decisions using concepts of Knightian uncertainty, bounded rationality, optimism bias, and other heuristics. The essay concludes that uncertainty inherent in these decisions means that challenges to making truly informed decisions about medical care are even more substantial than physicians acknowledge or patients ever realize. Acknowledging these challenges is the first step to better medical decision making. informed consent has ...


Avoiding Overtreatment At The End Of Life: Physician-Patient Communication And Truly Informed Consent, Barbara A. Noah, Neal R. Feigenson 2016 Westen New England University School of Law

Avoiding Overtreatment At The End Of Life: Physician-Patient Communication And Truly Informed Consent, Barbara A. Noah, Neal R. Feigenson

Faculty Scholarship

This Article considers how best to ensure that patients have the tools to make informed choices about their care as they near death. Informed decision making can help reduce excessive end-of-life care and unnecessary suffering, and result in care that aligns with patients’ well-considered values and preferences. The many factors that contribute to dying patients receiving too much therapy and life-prolonging care include: the culture of denial of death, physicians’ professional culture and attitudes toward treatment, physicians’ fear of liability, physicians’ avoidance of discussions about prognosis, and the impact of payment incentives that encourage overutilization of medical technologies.

Under the ...


When One Spouse Has It: Dementia And The Permissibility Of Marital Sex Under Criminal Statute, 49 J. Marshall L. Rev. 1225 (2016), James Cook 2016 John Marshall Law School

When One Spouse Has It: Dementia And The Permissibility Of Marital Sex Under Criminal Statute, 49 J. Marshall L. Rev. 1225 (2016), James Cook

The John Marshall Law Review

The purpose of this article is to explore defining the acceptable parameters of marital sexual behavior, in situations where only one spouse has dementia, through criminal statute.


Said I, But You Have No Choice: Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi Weinstein 2016 New York Law School

Said I, But You Have No Choice: Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper addresses a remarkably under-considered topic: the ethical standards for lawyers representing persons with mental disabilities. Although there is an extensive body of literature endorsing “zealous advocacy” as the standard for the criminal defense lawyer in “ordinary” cases, there is virtually no literature (or case law) on this question in this context.

Our thesis is simple. We reject the model of “paternalism/best interests” that is regularly substituted for a traditional legal advocacy position, and a substitution that is rarely questioned. We believe this presumption flies in the face of statutory law, constitutional law, and international human rights law ...


Ethical Challenges Of Using Law Student Interns/Externs To Expand Services To Low-Income Older Adults, Eleanor Lanier 2016 University of Georgia School of Law

Ethical Challenges Of Using Law Student Interns/Externs To Expand Services To Low-Income Older Adults, Eleanor Lanier

Scholarly Works

No abstract provided.


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