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Selective Issues In Effective Medicaid Estate Recovery Statutes, Raymond C. O'Brien 2016 The Catholic University of America, Columbus School of Law

Selective Issues In Effective Medicaid Estate Recovery Statutes, Raymond C. O'Brien

Scholarly Articles and Other Contributions

Medicaid is a joint federal-state partnership program that provides medical care to the elderly, blind, and disabled poor. Unlike Medicare, Medicaid will pay for long-term care, leading millions of persons in need of such care to “spend-down” income or assets to qualify as sufficiently needy or poor. However, the state can eventually seek recovery of expenditures made through estate recovery programs following the death of both spouses. As it currently stands, states have no choice but to become increasingly vigilant in pursuing private funds in order to pay for Medicaid expenditures. As a result, elderly citizens and their families will ...


Lawyers And The Secret Welfare State, Milan Markovic 2016 Texas A&M University School of Law

Lawyers And The Secret Welfare State, Milan Markovic

Faculty Scholarship

This Article suggests that the United States maintains a secret welfare state. The secret welfare state exists because of lawyers’ ubiquitous use of questionable practices in representing clients before benefit-granting government agencies, which enable thousands of individual to collect public benefits who may not qualify for them. This Article focuses in particular on lawyers’ handling of evidence of nondisability in Social Security Disability Insurance (SSDI) proceedings and participation in Medicaid planning. It may be possible that the legal profession’s central role in the distribution of public benefits is an obstacle to a fairer and more transparent social safety net.


Mor[T]Ality And Identity: Wills, Narratives, And Cherished Possessions, Deborah S. Gordon 2015 Drexel University Thomas R. Kline School of Law

Mor[T]Ality And Identity: Wills, Narratives, And Cherished Possessions, Deborah S. Gordon

Deborah S Gordon

Franz Kafka is credited with observing that “the meaning of life is that it stops.” This recognition—that life’s one certainty is certain death—has been the source of great artistic, scientific, political, and personal inspiration. How we have lived over the course of our days—our individual and collective histories—and how we will be remembered by those who survive us—our legacies—are bridged not only by our achievements and relationships but also by cherished items of property that we have accumulated and decided to pass on. This type of possession often has a narrative that endows ...


Wills Above Ground, Thomas E. Simmons 2015 University of South Dakota School of Law

Wills Above Ground, Thomas E. Simmons

Thomas E. Simmons

The widespread adoption of electronic court filing systems allow for easier and more efficient views of the rich data of probate proceedings. Wills Law on the Ground by Professor David Horton, published in the UCLA Law Review, highlights both the potential and some of the inherent limitations of empirical research in the law of wills. Wills law has been the battleground of formalists and functionalists over the last half century, with both sides bearing the banner of testator intent, but neither backing up their proposals or counterproposals with much hard data about which better achieves their common aim. Professor Horton ...


"Granny Goes To Jail" Redux, Thomas E. Simmons 2015 University of South Dakota School of Law

"Granny Goes To Jail" Redux, Thomas E. Simmons

Thomas E. Simmons

No abstract provided.


Book Review: International And Comparative Law On The Rights Of Older Persons, Thomas E. Simmons 2015 University of South Dakota School of Law

Book Review: International And Comparative Law On The Rights Of Older Persons, Thomas E. Simmons

Thomas E. Simmons

No abstract provided.


Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel 2015 Georgia State University College of Law

Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel

Anne S. Emanuel

No abstract provided.


Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine 2015 Georgia State University College of Law

Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss 2015 Selected Works

Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss

Rebecca J. Huss

This Article is divided into four substantive parts. Part II considers the role of pets in the United States and the impact of companion animals in the lives of seniors. Part III analyzes issues that the elderly may face in keeping or interacting with companion animals in their residences. Part IV analyzes federal laws that ensure that persons with disabilities using service and assistance animals will have access to public accommodations and housing. Part V of this Article considers risks and ethical issues involved with having animals in the lives of the elderly.


Proposing A Pedigree Risk Measurement Strategy: Capturing The Intergenerational Transmission Of Antisocial Behavior In A Nationally Representative Sample Of Adults, Joesph A. Schwartz, Eric J. Connelly, Kevin M. Beaver, Joseph L. Nedelec, Michael G. Vaughn 2015 University of Nebraska at Omaha

Proposing A Pedigree Risk Measurement Strategy: Capturing The Intergenerational Transmission Of Antisocial Behavior In A Nationally Representative Sample Of Adults, Joesph A. Schwartz, Eric J. Connelly, Kevin M. Beaver, Joseph L. Nedelec, Michael G. Vaughn

Criminology and Criminal Justice Faculty Publications

An impressive literature has revealed that variation in virtually every measurable phenotype is the result of a combination of genetic and environmental influences. Based on these findings, studies that fail to use genetically informed modeling strategies risk model misspecification and biased parameter estimates. Twin- and adoption-based research designs have frequently been used to overcome this limitation. Despite the many advantages of such approaches, many available datasets do not contain samples of twins, siblings or adoptees, making it impossible to utilize these modeling strategies. The current study proposes a measurement strategy for estimating the intergenerational transmission of antisocial behavior (ASB) within ...


The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser 2015 Millsaps College

The Treatment For Malpractice – Physician, Enhance Thyself: The Impact Of Neuroenhancements For Medical Malpractice, Harvey L. Fiser

Harvey L. Fiser

Coming to a hospital near you, the medically enhanced doctor - a doctor who thinks faster, is better with short and long term memory, is calmer during surgery, can work double shifts with little cognitive fatigue, and one day may have the memories of years of experience without actually having had them. With the expanded use of cognitive enhancing pharmaceuticals such as Adderall, Provigil, and more on the way, we are already seeing changes in education and the corporate world. From reaching a “normal” status for a person with an ADHD diagnosis to creating the “supernormal” employee with cognitive enhancers, neurointerventions ...


An Evaluation Of Regulatory Standards And Enforcement Devices In The Nursing Home Industry, James L. Miller 2015 The University of Akron

An Evaluation Of Regulatory Standards And Enforcement Devices In The Nursing Home Industry, James L. Miller

Akron Law Review

This comment will encompass three areas. First, the economic structure of the nursing home industry and existing problems will be described. Second, current regulatory standards and enforcement devices which have been developed by federal agencies to deal with these problems will be explored. Third, the recent enactment of Ohio legislation which not only confers various rights upon nursing home residents but also seeks to eliminate institutional abuse through the implementation of adaptive enforcement devices, will be examined. In addition, the Ohio nursing home "bill of rights" will be looked at in conjunction with similar legislation passed in New York.


1990 Guardianship Law Safeguards Personal Rights Yet Protects Vulnerable Elderly, Barbara Venesy 2015 The University of Akron

1990 Guardianship Law Safeguards Personal Rights Yet Protects Vulnerable Elderly, Barbara Venesy

Akron Law Review

Therefore, this Comment will review the historical underpinnings of guardianship law, briefly examine nationwide excesses, and outline reform measures advanced by advocates for.the elderly and mentally disabled. Then the Comment will analyze key elements of Ohio's Guardianship Reform Bill including the court investigator's role, expanded powers provisions, reporting and revalidation measures, and the Indigent Guardianship Fund. Finally, this Comment will address areas of potential concern as Ohio's Probate Courts throughout the state implement the law


Unconscionability As A Contract Policing Device For The Elder Client: How Useful Is It?, Robyn L. Meadows 2015 The University of Akron

Unconscionability As A Contract Policing Device For The Elder Client: How Useful Is It?, Robyn L. Meadows

Akron Law Review

An elder law symposium provides an opportunity to consider ways that the various areas of the law provide protection for the older client. This raises the question of whether the Uniform Commercial Code (hereafter U.C.C. or the Code) protects the unique interests of the older consumer. Such consideration naturally leads to the contract policing device specifically included in the Code—unconscionability. The doctrine of unconscionability provides a way for courts to police grossly unfair contracts and contract provisions. It is found not only in the U.C.C. but also in the tenets of general contract law. However ...


Should Attorneys Have A Duty To Report Financial Abuse Of The Elderly?, Carolyn L. Dessin 2015 The University of Akron

Should Attorneys Have A Duty To Report Financial Abuse Of The Elderly?, Carolyn L. Dessin

Akron Law Review

This Article will therefore put the efficacy issue aside and focus on whether an attorney can and should report suspected abuse under a mandatory reporting statute. Part Two of this article will examine the various states’ approaches to mandatory reporting of abuse. Part Three will explore the various states’ rules governing attorney conduct. Part Four will analyze the interaction of the mandatory reporting provisions with the rules governing attorney conduct. Finally, Part Five will discuss whether requiring attorneys to report suspected elder abuse is desirable.


Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testamentary Wishes, Megan Moser 2015 Seattle University School of Law

Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testamentary Wishes, Megan Moser

Seattle University Law Review

As the number of same-sex couples increases in the United States, concerns regarding the evolution of federal and state law, with respect to rights for same-sex couples, also continue to rise. As marriage is not always available to same-sex couples, they often face very different legal issues than couples in a traditional marriage. Because marriage is typically not a legal cause of action, the question of a marriage’s validity often arises incidentally to another legal question, such as the disposition of a decedent’s estate.


Wilson V. Wilson: The Effect Of Qdros On Appealing Divorce Decrees, Joshua A. Dean 2015 The University of Akron

Wilson V. Wilson: The Effect Of Qdros On Appealing Divorce Decrees, Joshua A. Dean

Akron Law Review

In most divorces today, the largest asset held by the divorcing couple is a retirement fund belonging to one of the spouses. Courts invery state must decide how to divide a married couple’s property in order to provide each spouse his or her proper share. But when there are no assets large enough to offset the value of the retirement pension, divorce courts must find a way to “equitably distribute” the proceeds of the plan. Dealing with this large asset presented problems in the past as Congress sought to limit the ability to assign proceeds of retirement plans to ...


Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss 2015 The University of Akron

Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss

Akron Law Review

This Article is divided into four substantive parts. Part II considers the role of pets in the United States and the impact of companion animals in the lives of seniors. Part III analyzes issues that the elderly may face in keeping or interacting with companion animals in their residences. Part IV analyzes federal laws that ensure that persons with disabilities using service and assistance animals will have access to public accommodations and housing. Part V of this Article considers risks and ethical issues involved with having animals in the lives of the elderly.


Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014), Debra Pogrund Stark, Jessica M. Choplin, Joseph Mikels, Amber Schonbrun McDonnell 2015 John Marshall Law School

Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014), Debra Pogrund Stark, Jessica M. Choplin, Joseph Mikels, Amber Schonbrun Mcdonnell

Debra Pogrund Stark

This article analyzes the factors that affect the effectiveness of the current rules and counseling protocol in enabling seniors to make well-informed decisions on whether to enter into a proposed reverse mortgage in light of the cognitive barriers that consumers in general, and seniors in particular, face. The article then proposes further changes to these rules and the counseling protocol to better enable seniors to determine whether entering into reverse mortgages is in their best interest in light of their specific financial situations and goals. Section I provides an overview of the current status of the law relating to reverse ...


Reverse Mortgages: A Financial Planning Device For The Elderly, 1 Elder L.J. 75 (1993), Celeste M. Hammond 2015 John Marshall Law School

Reverse Mortgages: A Financial Planning Device For The Elderly, 1 Elder L.J. 75 (1993), Celeste M. Hammond

Celeste M. Hammond

An analysis of the merits of reverse mortgages from individual and public policy perspectives is the subject of Professor Hammond's article. She argues that the elderly's typical "house rich, but cash poor" problem warrants approval of a method which allows the elderly to tap their home equity for income purposes while allowing them to remain in their homes. Professor Hammond analyzes other means for tapping equity and finds each lacking in its ability to accomplish the stated goal. She also describes the three types of reverse mortgages currently available. Finally, Professor Hammond sets forth a list of legal ...


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