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Sexuality And Incapacity, Alexander Boni-Saenz 2014 Chicago-Kent College of Law

Sexuality And Incapacity, Alexander Boni-Saenz

Alexander Boni-Saenz

Sexual incapacity doctrines are perhaps the most important form of sexual regulation, as they control access to sex by designating who is legally capable of consenting to sex. Most states have adopted sexual incapacity tests for adults that focus narrowly on assessing an individual’s cognitive abilities. These tests serve an important protective function for people with temporary cognitive impairments, such as those rendered incapable due to alcohol or drugs. However, this comes at the cost of barring many people with persistent cognitive impairments, such as Down Syndrome or Alzheimer’s Disease, from any sexual activity. This is despite the ...


The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, Thomas E. Simmons 2014 University of South Dakota School of Law

The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, Thomas E. Simmons

Thomas E. Simmons

With the popularity of durable powers of attorney to manage the estates and personal affairs of individuals with diminished capacity, construction of the scope of powers with which agents are acting is of increasing importance. Some acts should be seen as so inherently personal or so dramatically inconsistent with the expected role of any agent as to be simply outside the scope of agency altogether. Others, such as those involving gifts, self-dealing transactions, or constitutional rights, should be never implied but honored when located within the express terms of an agent's authority. The remaining powers should be construed and ...


Balancing Testamentary Incapacity And Undue Influence: How To Handle Will Contests Of Testators With Diminishing Capacity, Richard B. Keeton 2014 University of Washington School of Law

Balancing Testamentary Incapacity And Undue Influence: How To Handle Will Contests Of Testators With Diminishing Capacity, Richard B. Keeton

Richard B. Keeton, Esq.

Will contests involving testators with diminishing capacity present a number of challenges to attorneys and courts. One such challenge is the fact finding process to balance concurrent allegations of testamentary incapacity and undue influence. While a lack of testamentary incapacity and undue influence are two distinct grounds for avoiding a will, many courts have had conflicting opinions on whether a finding of undue influence is dependent upon a finding of requisite testamentary capacity or whether the two findings are mutually exclusive. This article attempts to provide a general understanding of basic concepts and theories relating to will contests of testators ...


The Evolution Of “Fred”: Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein 2014 University of Florida Levin College of Law

The Evolution Of “Fred”: Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein

Stephanie Bornstein

This Article integrates a discussion of current family responsibilities discrimination ("FRD") case law with a discussion of the single most important recent development in the field: the U.S. Equal Employment Opportunity Commission’s ("EEOC") 2007 issuance of Enforcement Guidance on caregiver discrimination. The Guidance concretely informs the public about what constitutes unlawful discrimination against caregivers under Title VII and the Americans with Disabilities Act. Specifically, the Guidance crystallizes two key holdings from case law in regard to Title VII disparate treatment claims brought by caregivers: (1) where plaintiffs have evidence of gender stereotyping, they can make out a prima ...


Understanding The Differences Between Defined Benefit Pension And Defined Contribution, Emily G. Brown JD, Jeanne Medeiros JD 2014 University of Massachusetts Boston

Understanding The Differences Between Defined Benefit Pension And Defined Contribution, Emily G. Brown Jd, Jeanne Medeiros Jd

Pension Action Center Publications

In recent years, more and more employers are offering employees defined contribution plans instead of defined benefit plans. Although, there has been a shift away from the defined benefit pension plan, it is important for employees to understand the difference and value of both pension plans.

Each type of pension plan has both advantages and disadvantages. What may appear as an advantage to one person might seem to be a disadvantage to another person. For example, a person who spends all or most of her career with a single employer will have very different concerns from someone who changes jobs ...


Understanding The Specialized Language Of Retirement Plans, Emily G. Brown JD, Jeanne Medeiros JD 2014 University of Massachusetts Boston

Understanding The Specialized Language Of Retirement Plans, Emily G. Brown Jd, Jeanne Medeiros Jd

Pension Action Center Publications

Whether you are a participant in a defined benefit plan or a defined contribution plan, the realm of pension benefits can be tricky and confusing to navigate. Some of the terminology used might be unfamiliar to the average person. This glossary of common terms associated with retirement plans is meant to serve as a helpful resource for plan participants.


Voting By Elderly Persons With Cognitive Impairment: Lessons From Other Democratic Nations, Jason Karlawish, Richard Bonnie 2014 University of Pennsylvania

Voting By Elderly Persons With Cognitive Impairment: Lessons From Other Democratic Nations, Jason Karlawish, Richard Bonnie

Jason Karlawish

No abstract provided.


Addressing The Ethical, Legal, And Social Issues Raised By Voting By Persons With Dementia, Jason H. Karlawish, Richard J. Bonnie, Paul S. Appelbaum, Constantine Lyketsos, Bryan James, David Knopman, Christopher Patusky, Rosalie A. Kane, Pamela S. Karlan 2014 University of Pennsylvania

Addressing The Ethical, Legal, And Social Issues Raised By Voting By Persons With Dementia, Jason H. Karlawish, Richard J. Bonnie, Paul S. Appelbaum, Constantine Lyketsos, Bryan James, David Knopman, Christopher Patusky, Rosalie A. Kane, Pamela S. Karlan

Jason Karlawish

This article addresses an emerging policy problem in the United States participation in the electoral process by citizens with dementia. At present, health care professionals, family caregivers, and long-term care staff lack adequate guidance to decide whether individuals with dementia should be precluded from or assisted in casting a ballot. Voting by persons with dementia raises a series of important questions about the autonomy of individuals with dementia, the integrity of the electoral process, and the prevention of fraud. Three subsidiary issues warrant special attention: development of a method to assess capacity to vote; identification of appropriate kinds of assistance ...


Los Sindicatos, La Convención Colectiva Y El Derecho A La Pensión En El Marco Constitucional Actual, Fernando Castillo Cadena 2014 Pontificia Universidad Javeriana

Los Sindicatos, La Convención Colectiva Y El Derecho A La Pensión En El Marco Constitucional Actual, Fernando Castillo Cadena

Fernando Castillo Cadena

No abstract provided.


Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey 2014 Hunton & Williams LLP, Richmond, Virginia

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

No abstract provided.


Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King 2014 Georgia State University College of Law

Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King

Leslie E. Wolf

No abstract provided.


Retirement Revolution: Unmitigated Risks In The Defined Contribution Society, Anne M. Tucker 2014 Georgia State University College of Law

Retirement Revolution: Unmitigated Risks In The Defined Contribution Society, Anne M. Tucker

Anne Tucker

A revolution in the retirement landscape over the last several decades shifted the predominant savings vehicle from traditional pensions (a defined benefit plan) to self-directed accounts like the 401(k) (a defined contribution plan) and has drastically changed how people invest in the stock market and why. The prevalence of self-directed, defined contribution plans has created our defined contribution society and a new class of investors — the citizen shareholders — who enter private securities market through self-directed retirement plans, invest for long-term savings goals and are predominantly indirect shareholders. With 90 million Americans invested in mutual funds, and nearly 75 million ...


Proposals For Revising Georgia's Probate Code, Mary F. Radford 2014 Georgia State University College of Law

Proposals For Revising Georgia's Probate Code, Mary F. Radford

Mary F. Radford

No abstract provided.


Post-Mortem Sperm Retrieval And The Social Security Administration: How Modern Reproductive Technology Makes Strange Bedfellows, Mary F. Radford 2014 Georgia State University College of Law

Post-Mortem Sperm Retrieval And The Social Security Administration: How Modern Reproductive Technology Makes Strange Bedfellows, Mary F. Radford

Mary F. Radford

This article was prepared in conjunction with the Thurgood Marshall School of Law March, 2009 symposium on "Emerging Issues in Estate Planning, Probate & Trust Law." The article examines a relatively new assisted reproduction technique through which the sperm of a man who has recently died is retrieved after his death, cryopreserved, and then later used by a woman (spouse, partner, or other) to produce a child. While much has been written about posthumously-conceived children (children conceived from sperm that were banked by the father while he was alive), there has to date been little examination of the ramifications of post-mortem ...


Court's Age Discrimination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine 2014 Georgia State University College of Law

Court's Age Discrimination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


The Cost Of Older Workers, Disparate Impact And The Age Discrimination In Employment Act, Steven Kaminshine 2014 Georgia State University College of Law

The Cost Of Older Workers, Disparate Impact And The Age Discrimination In Employment Act, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel 2014 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.


Grandparents Act As The National Guard Of Their Facilities - All Eager And Ready To Respond When In Need: A Call For Expansion Of Grandparent Visitation Rights In North Carolina, Tricia V. Argentine 2014 North Carolina Central University School of Law

Grandparents Act As The National Guard Of Their Facilities - All Eager And Ready To Respond When In Need: A Call For Expansion Of Grandparent Visitation Rights In North Carolina, Tricia V. Argentine

North Carolina Central Law Review

No abstract provided.


Guarding The Golden Years: How Public Guardianship For Elders Can Help States Meet The Mandates Of Olmstead, Eleanor B. Cashmore 2014 Boston College Law School

Guarding The Golden Years: How Public Guardianship For Elders Can Help States Meet The Mandates Of Olmstead, Eleanor B. Cashmore

Boston College Law Review

The aging American population will quickly lead to a greater demand for long-term care and services for people who are unable to care for themselves. Some older adults may require other individuals to make informed decisions on their behalf. State guardianship programs must confront the tension of providing protections for people who are incapacitated while respecting their autonomy, particularly when making decisions involving a person’s residence. When elderly adults wish to stay in their communities and are capable of doing so, a lack of proper support may be a violation of the Americans with Disabilities Act of 1990 (“ADA ...


Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy 2014 Seattle University School of Law

Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy

Seattle University Law Review

This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum ...


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