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Volume 24 No. 1 | No. 2 |
Volume 23 No. 1 | No. 2 |
Volume 22 No. 1 | No. 2 |
Volume 21 No. 1 | No. 2 |
Volume 20 No. 1 | No. 2 |
Volume 19 No. 1 | No. 2 |
Volume 18 No. 1 | No. 2 |
Volume 17 No. 1 | No. 2 |
Volume 16 No. 1 | No. 2 |
Volume 15 No. 1 | No. 2 |
Volume 14 No. 1 | No. 2 |
Volume 13 No. 1 | No. 2 |
Volume 12 No. 1 | No. 2 |
Volume 11 No. 1 | No. 2 |
Volume 10 No. 1 | No. 2 |
Volume 9 No. 1 | No. 2 |
Volume 8 No. 1 | No. 2 |
Volume 7 No. 1 | No. 2 |
Volume 6 No. 1 | No. 2 |
Volume 5 No. 1 | No. 2 |
Volume 4 No. 1 | No. 2 |
Volume 3 No. 1 | No. 2 |
Volume 2 No. 1 | No. 2 |
Volume 1 No. 1 | No. 2 |
Volume 25 Number 2 (2017)
ARTICLES
- Removing Obstacles to a Peaceful Death
- Kathy L. Cerminara
- Barbara A. Noah
- The Perplexities of Age and Power
- Sharona Hoffman
- Total “Medicare” Compliance in a New Age
- Jason D. Lazarus
- A View from the Bridge: A Brief Look at the Progression of Cases of Elder Financial Exploitation Prosecutions
- Rebecca C. Morgan, J.D.
- Pamela B. Teaster, Ph.D.
- Randolph W. Thomas, M.A.
- Cultivating Gardens and Cultivating Generations: Purposeful Living as Standard of Care for Elder Law Attorneys
- Kimberly E. O’Leary
- Marie Were
NOTES
- Solving America’s Long-Term Care Financing Crisis: Financing Universal Long-Term Care Insurance with a Mandatory Federal Income Tax Surcharge that Increases with Age
- Zachary Anderson
- Uncle Sam Killed Grandma: How the Estate Tax Can Help Alleviate Medicare Uncertainty
- Alexander Karl
- The Potential Unconstitutionality of the Consumer Financial Protection Board and its Ramifications for the Elderly
- Peter Legrand
Volume 25 Number 1 (2017)
ARTICLES
- Founding Advisor’s Perspective
- Richard L. Kaplan
- Matters of the Heart—Keeping Pace with Science, Ethics, and the Law in Deactivation of Cardiovascular Implantable Electronic Devices, Including Pacemakers
- James H. Pietsch
- Not Young Guns Anymore: Dementia and the Second Amendment
- Fredrick E. Vars
- Identifying Connections Between Elder Law and Gerontology: Implications for Teaching, Research, and Practice
- Nina A. Kohn
- Maria Brown
- Israel Doran
NOTES
- Flaming Fifties and Beyond: An International Comparison of Age Discrimination Laws and How the United States Could Improve the Laws for Elderly Women
- Shaleen Morales Saldarriaga
- Do I Really Have To?: An Examination of Mandatory Reporting Statutes and the Civil and Criminal Penalties Imposed for Failure to Report Elder Abuse
- Rachael Bernal
- The Primary Purpose for Admitting Hearsay over Confrontation Challenges in Elder Abuse Cases: A Framework for Bringing Unavailability Concerns into the Light in a Post-Crawford World
- Anna Corcoran
Volume 24 Number 2 (2017)
ARTICLES
NOTES
Volume 24 Number 1 (2016)
ARTICLES
NOTES
Volume 23 Number 2 (2016)
ARTICLES
- Making Elder Financial Exploitation Cases Part of a Sustainable Practice: Tips from the Experiences of the University of Illinois College of Law’s Elder Financial Justice Clinic
- Matthew N. Andres
- Wills Above Ground
- Thomas E. Simmons
- Private Long-Term Care Insurance: Not the Solution to the High Cost of Long-Term Care for the Elderly
- Lawrence A. Frolik
NOTES
- Reversing Course: Strengthening Consumer Protections for Reverse Mortgages
- Dan Latona
- “But I’m Not Dangerous, Judge, I Promise!”: Evaluating the Implications of Involuntary Civil Commitment Criteria and Outpatient Treatment Methods on the Elderly
- Ashley Dus
- Shining the Light on Pearly Whites: Improving Oral Care for Elders in a Post-Affordable Care Act World
- Kristen Chang
Volume 23 Number 1 (2015)
ARTICLES
- Reflections on Medicare at 50: Breaking the Chains of Path Dependency for a New Era
- Richard L. Kaplan
- Medicaid Spend Down, Estate Recovery and Divorce: Doctrine, Planning and Policy
- John A. Miller
- Restoration of Rights in the Termination of Adult Guardianship
- Jenica Cassidy
NOTES
- Linking Assisted Suicide and Abortion: Life, Death, and Choice
- David Busscher
- Society’s Response to the “Invisible” Abuse of Elders: Understanding and Addressing the Financial Abuse of Society’s Most Vulnerable Citizens
- Taylor Lemick
- A Balanced Approach to a Growing Problem: How Congress Can Keep Roads Safe and the Elderly Population Happy
- Martin McElligott
- Thinning the Gray Vote: State Voter Identification Laws and the Nation’s Elderly
- Matthew Petruszak
- The Nation’s Wealth Above Seniors’ Health? Drug Shortages Resulting from Medicare Part B Legislation
- Lindsey Weltman
Volume 22 Number 2 (2015)
ARTICLES
- “Making Things Fair”: An Empirical Study of How People Approach the Wealth Transmission System
- Naomi Cahn & Amy Ziettlow
- Grandparents and Accessory Dwelling Units: Preserving Intimacy and Independence
- Margaret F. Brinig
- Bridging the Uncompensated Caregiver Gap: Does Technology Provide and Ethically and Legally Viable Answer?
- Donna S. Harkness
NOTES
- When “Yes” Might Mean “No”: Standardizing State Criteria to Evaluate the Capacity to Consent to Sexual Activity for Elderly with Neurocognitive Disorders
- Stephanie L. Tang
- Something Catchy: Nursing Home Liability in the Senior Sexually Transmitted Disease Epidemic
- Alexander Warso
- The Unravelling of an American City: Pensions, Municipal Debt, and Chapter 9 Bankruptcy
- Vaneeta Chintamaneni
Volume 22 Number 1 (2014)
ARTICLES
- It’s Complicated: Age, Gender, and Lifetime Discrimination against Working Women – the United States and the U.K. as Examples
- Susan Bisom-Rapp & Malcolm Sargeant
- Governing for Health as the World Grows Older: Healthy Lifespans in Aging Societies
- Lawrence O. Gostin & Anna Garsia
- Something Old, Something New: Recent Developments in the Enforceability of Agreements to Arbitrate Disputes between Nursing Homes and Their Residents
- John R. Schleppenbach
- Healthcare Decision-Making for Mentally Incapacitated Incarcerated Individuals
- M. Scott Smith, Laura Anne Taylor, & Andrew Wake
NOTES
- The Case for VA Pension Reform: To Better Serve Those That Served, a Look-Back Provision and Additional Improvements Are Needed
- Juan D. Mejia
- The Public Pension Reform Problem
- Honor Moore
- A Cell for a Home: Addressing the Crisis of Booming Elder Inmate Populations in State Prisons
- Caroline M. Upton
Volume 21 Number 2 (2013)
ARTICLES
- What Are Families For: Reevaluating Return to Filial Responsibility Laws
- Donna Harkness
- A Call to Action on Elder Law Education: An Assessment and Recommendations Based on a National Survey
- Nina A. Kohn & Edward D. Spurgeon
- Supporting the Oldest Old: The Role of Social Insurance, Pensions, and Financial Products
- Jonathan Barry Forman
NOTES
- HELP-ing Hand: How Legislation Can Reform the Affordable Care Act and Hospice Care to Prioritize Comfort and Prepare for the Baby Boomer Generation
- Matthew E. Misichko
- Distinction without a Difference: Reforming the Medicare Three-Day Qualifying Stay Rule for SNF Care
- Jonathan W. Padish
- SNAP-ping out of It: A Case for Removing Seniors from the Supplemental Nutrition Assistance Program
- Theresa Reiss
Volume 21 Number 1 (2013)
ARTICLES
- “Peter Pan” as Public Policy: Should Fifty-Five-Plus Age-Restricted Communities Continue to be Exempt From Civil Rights Laws and Substantive Federal Regulation?
- Mark D. Bauer
- In Denial: The Role of Law in Preparing for Death
- Barbara A. Noah
- Should Social Security and Medicare Be More Market-Based?
- Daniel Shaviro
NOTES
- Medicare and Medical Tourism: Saving Medicare with a Global Approach to Coverage
- Jennifer Conley
- Nail in the Coffin: Can Elderly Americans Afford to Die?
- Elizabeth Howell Boldt
- Is Forty the New Thirty, or Should It Be Under the ADEA? Raising the ADEA Coverage Age in Exchange for “Make-Whole” Pain and Suffering Damages
- Allison Van Kampen
- Redefining Disability: Increasing Efficiency and Fairness in SSDI
- Hannah Weinberger-Divak
Volume 20 Number 2 (2012)
ARTICLES
- Filial Support Laws in the Modern Era: Domestic and International Comparison of Enforcement Practices for Laws Requiring Adult Children to Support Indigent Parents
- Katherine C. Pearson
- Expanding Access to Justice for Socially and Economically Needy Elders Through Law School Experiential Programs
- James H. Pietsch
- The Will as Personal Narrative
- Karen J. Sneddon
NOTES
- Revisiting Roxy Russell: How Current Companion Animal Trust and Custody Laws Affect Elderly Pet “Guardians” in the Event of Death or Incapacity
- Paige Dowdakin
- 401(k) Leakage: Crafting a Solution Consistent with the Shift to Employee-Managed Retirement Accounts
- Thomas Olson
- Bridging the Gap: Farm Transition Challenges Facing Elder Farmers and the Need for a Nationwide Farm-On Program
- Tyler Slack
- The Elder Law and Miscellaneous Remedies Division: A Unique Opportunity to Serve as a Model Court for the Nation
- Heather Smith Grattan
Volume 20 Number 1 (2012)
ARTICLES
- Top Ten Myths of Medicare
- Richard Kaplan
- Municipal Elder Law: A Minnesota Perspective
- Kim Dayton and Dr. Israel (Issi) Doron
- “Elderly” as Vulnerable: Rethinking the Nature of Individual and Societal Responsibility
- Martha Albertson Fineman
NOTES
- Unfortu-Nation: America’s Libertarian Ethos, and the Rejection of Cost-Effective Rationing Health Care Reform
- Daniel Cunix
- Who Watches the Watchmen: Will a Nationwide System of Background Checks for Nursing Home Employees Help Curb Elder Abuse?
- Kaitlyn Luther
- The United States Military and Its Anti-Gay Discriminatory Policies: Impact on the Elderly LGBT Community
- Stephanie D. Myott
- You Don’t have to Go Home But you Can’t Stay Here: The Current State of Federal Nursing Home Involuntary Discharge Laws
- William Pipal
Volume 19 Number 1 (2011)
ARTICLES
- Restoring Retirement Security: The Market Crisis, the Great Risk Shift, and the Challenge for Our Nation
- Jacob S. Hacker
- The Bell is Tolling: Retiree Health Benefits Post-Health Reform
- Susan E. Cancelosi
- The Rise in Elder Bankruptcy Filings and the Failure of U.S. Bankruptcy Law
- John A. E. Pottow
NOTES
- Ensuring Equal Access to the Internet for the Elderly: The Need to Amend Title III of the ADA
- Michael P. Anderson
- Calculating Death: Implications of the Six-Month Prognosis Certification Requirement for the Medicare Hospice Benefit
- Amanda Jacobowski
- Protecting the Protectors: A Call for Fair Working Conditions for Home Health Care Workers
- Julia Lippitt
- Law, Insouciance, and Death in the Emergency Room
- Erin Webley
Volume 19 Number 2 (2012)
ARTICLES
- “Gen Silent”: Advocating for LGBT Elders
- Nancy J. Knauer
- Potential for Self-Reporting of Older Adult Maltreatment: An Empirical Examination
- Eve M. Brank, Lindsey E. Wylie, and Joseph A. Hamm
NOTES
- A Patchwork Quilt: The Case for Collage Contest Model Ante-Mortem Probate in Light of Alaska’s Recent Ante-Mortem Legislation
- Forrest J. Heyman
- Injustice in Indian Country: The Need for a Serious Response to Native American Elder Abuse
- Justin Seigler
- Es Dificil Aprender Ingles: Expanding the English-Language Waiver to Allow Elderly Immigrants to Naturalize
- Pam Swanson
- Incentivizing Work at Older Ages: The Need for Social Security Reform
- Justin Zimmerman
Volume 18 Number 1 (2010)
ARTICLES
- Cracks in the Armor: Due Process, Attorney’s Fees, and the Department of Veterans Affairs
- Victoria L. Collier and Drew Early
- The Golden Age of Aging, and Its Discontents
- Peter H. Schuck
NOTES
- Old School – O.K.: No Need to Return to Mandatory Retirement in Higher Education
- Michael D. Jacobsen
- Social Security Systems around the World: Do Cultural Priorities Affect Their Development
- Elaine S. Kuntz
- The Eternal Flame: Capacity to Consent to Sexual Behavior among Nursing Home Residents with Dementia
- Melissa C. White
- The Policymaker’s Handbook to Entitlement Reform: A New Approach to Saving Our Seniors
- Michael R. Wilson
ESSAY
Volume 18 Number 2 (2011)
ARTICLES
- Analyzing the Impact of the New Health Care Reform Legislation on Older Americans
- Richard L. Kaplan
- Wisconsin’s Individual-at-Risk Restraining Order: An Analysis of the First Thirty Months
- Betsy J. Abramson, Marsha M. Mansfield, and Jane A. Raymond
- Living Wills: Is It Time to Pull the Plug
- Dorothy D. Nachman
NOTES
- Incomplete Protection: The Inadequacy of Current Penalty Enhancement Provisions in Deterring Fraud Schemes Targeting the Elderly
- Dylan Fallik
- The Crossroad: An Analysis of the Intersection between Medical Malpractice, Health Care Costs, and Prostate Cancer
- Bryan W. Hernandez
- Aegrescit Medendo: Addressing Barriers to Medical Malpractice Litigation Faced by the Elderly
- Ryan McCarthy
- Elderly Sex Offenders: What Should Be Done
- Elizabeth Taylor
Volume 17 Number 1 (2009)
ARTICLES
- Consumer Scams and the Elderly: Preserving Independence through Shifting Default Rules
- Nathalie Martin
- Strange Bedfellows: Why Older Straight Couples Should Advocate for the Passage of the Illinois Civil Union Act
- John R. Schleppenbach
NOTES
- Looking for a Good Death: The Elderly Terminally Ill’s Right to Die by Physician-Assisted Suicide
- Katherine A. Chamberlain
- Nursing Wounds: Why LGBT Elders Need Protection from Discrimination and Abuse Based on Sexual Orientation and Gender Identity
- Jaime E. Hovey
- Credit Card Disclosures and the Elderly: Will the Proposed Amendments to Regulation Z Help the Elderly Understand Credit Card Documents
- Jeffrey Kimball Paulsen
- No One in Charge: Durable Powers of Attorney and the Failure to Protect Incapacitated Principals
- Jennifer L. Rhein
Volume 17 Number 2 (2010)
ARTICLES
- Deception, Decisions, and Investor Education
- Jayne W. Barnard
- Planning for Alzheimer’s Disease with Mental Health Advance Directives
- Lisa Brodoff
NOTES
- Empty Promises: Can the Welfare Benefits of Current Retirees Be Saved
- Steven A. Budde
- The Patient Care Ombudsman: Who Should It Be
- Anna Kaluzny
- Too Experienced for the Flight Deck – Why the Age 65 Rule is Not Enough
- Nicholas D. O’Conner
- Expanding the Statutory Definition of Child in Intestacy Law: A Just Solution for the Inheritance Difficulties Grandparent Caregivers’ Grandchildren Currently Face
- Neta Sazonov
ESSAY
- Retirement Risk Management in Times of Turmoil
- Olivia S. Mitchell
Volume 16 Number 1 (2008)
ARTICLES
- When Over-the-Limit Is Over the Top: Addressing the Adverse Impact of Unconscionable Consumer-Credit Practices on the Elderly
- Donna S. Harkness
- Marketing Wills
- Michael R. McCunney and Alyssa A. DiRusso
- Aging in Place, Housing, and the Law
- Jon Pynoos, Christy Nishita, Caroline Cicero, and Rachel Caraviello
NOTES
- The Kids Aren’t All Right: The Failure of Child Abuse Statutes as a Model for Elder Abuse Statutes
- Joseph W. Barber
- Abuse, Harassment, and Deception: How the FDCPA Is Failing America’s Elderly Debtors
- Matthew W. Ludwig
- Taking Care of Our Caretakers: Using Filial Responsibility Laws to Support the Elderly Beyond the Government’s Assistance
- Allison E. Ross
- Foreign-Economic-Retirment Migration: Promises and Potential, Barriers and Burdens
- Nicholas D. Zeltzer
Volume 16 Number 2 (2009)
ARTICLES
- The Liability Environment for Physicians Providing Nursing Home Medical Care: Does It Make a Difference for Residents?
- Marshall B. Kapp, J.D., M.P.H.
- The Retirement Distribution Decision Ten Years Later: Results from an Empirical Study
- Colleen E. Medill
- Can Legalization Improve End-of-Life Care? An Empirical Analysis of the Results of the Legalization of Euthanasia and Physician-Assisted Suicide in the Netherlands and Oregon
- Jackson Pickett
NOTES
- Removing the Wrinkle in Cosmetics and Drug Regulation: A Notice Rating System and Education Proposal for Anti-Aging Cosmeceuticals
- Victoria Farren
- Improving the Immigration Policy of the United States to Fulfill the Caregiving Needs of America’s Aging Baby Boomers: The Alternative to Outsourcing Grandma
- Sarah J. Rasalam
- Going Dutch: Can Holland Solve the U.S. Insurance Problem?
- Brent R. Trame
- The Aging Population and Maturing Mortgage Loans: Ensuring a Secure Financial Lifeline for the Elderly Through Mortgage Lending
- Kristine M. Young
Volume 15 Number 1 (2007)
ARTICLES
- Aging, Globalization, and the Legal Construction of “Residence”: The Case of Old-Age Pensions in Israel
- Israel Doron and Tal Golan
- The Convicted Felon as a Guardian: Considering the Alternatives of Potential Guardians with Less-Than-Perfect Records
- Mike E. Jorgensen
- Understanding Social Insurance: Fairness, Affordability, and the “Modernization” of Social Security and Medicare
- Theodore R. Marmor and Jerry L. Mashaw
- When Altruism Is Not Enough: The Worsening Organ Shortage and What it Means for the Elderly
- Sally L. Satel and Benjamin E. Hippen
NOTES
- Why Nursing Homes Will Not Work: Caring for the Needs of the Aging Muslim American Population
- Roaa M. Al-Heeti
- Answering the Call to Support Elderly Kinship Caregivers
- Jeffrey C. Goelitz
- Do I Really Understand? Cultural Concerns in Determining Diminished Competency
- Helen Y. Kim
- First-Aid for Housing the Low- and Fixed-Income Elderly: The Case for Resuscitating Cooperative Housing
- David S. Wilson
Volume 15 Number 2 (2007)
ARTICLES
- Uncovering and Understanding Hidden Fees in Qualified Retirement Plans
- Matthew D. Hutcheson
- Please Don’t Bury Me Down in That Cold Cold Ground: The Need for Uniform Laws on the Disposition of Human Remains
- Ann M. Murphy
NOTES
- The Continuing Problem of America’s Aging Prison Population and the Search for a Cost-Effective and Socially Acceptable Means of Addressing It
- Timothy Curtin
- Life and Death on Your Terms: The Advance Directives Dilemma and What Should Be Done in the Wake of the Schiavo Case
- Werner Gruber
- The Elderly Facing Gentrification: Neglect, Invisibility, Entrapment, and Loss
- Ana Petrovic
- There’s Something About Mexico: Exploring the Controversy, Costs, and Benefits of a Social Security Totalization Agreement with Our Neighbor to the South
- Prajna Tuladhar
ESSAY
Volume 14 Number 1 (2006)
ARTICLES
- The U.S. Culture of Employee Ownership and 401(k) Plans
- Dana M. Muir
- Social Security Privatization in Other Countries—What Lessons Can Be Learned for the United States
- Elizabeth D. Tedrow
NOTES
- The Ascendancy of Assisted Living: The Case for Federal Regulation
- Patrick A. Bruce
- De-Moralizing Death: A Humanistic Approach to the Sanctity of Life
- Shelly Cohen
- Come on in, the Water’s Fine: Opening up the Special Needs Pooled Trust to the Eligible Elderly Population
- Jacqueline D. Farinella
- Uninformed, Misinformed, of Disinformed When “Movin’ Out”?: Circuit Court Splits on Employer Fiduciary Duties of Disclosure
- Jordan B. Zucker
ESSAY
- The 51st State—The “State of Denial”: A Comparative Exploration of Penal Statutory Responses to “Criminal” Elder Abuse in Canada and the United States
- Laura Watts and Leah Sandhu
Volume 14 Number 2 (2006)
ARTICLES
- The Medicare Prescription Drug Improvement & Modernization Act of 2003: Will It Be Good Medicine for U.S. Health Policy?
- Susan A. Channick
- Buried Online: State Laws That Limit E-Commerce in Caskets
- Asheesh Agarwall and Jerry Ellig
- Neglecting the Neglected: The Likely Outcome of Damage Caps on Meritorious Nursing Home Lawsuits
- Michael L. Rustad
NOTES
- Paternalism vs. Patient Autonomy: Is the FDA’s “Mothering” Smothering Grandma’s and Grandpa’s Choice of Prescription Drugs?
- Thad M. Brady
- Phishing for Elderly Victims: As the Elderly Migrate to the Internet, Fraudulent Schemes Targeting Them Follow
- Eric L. Carlson
- Arbitration Clauses in Nursing Home Admission Agreements: Framing the Debate
- Katherine Palm
- Don’t Want to Pay For Your Institutionalized Spouse? Just Say No and Send the Bill to Uncle Sam!
- Andrew D. Wone
Volume 13 Number 1 (2005)
ARTICLES
- Breathing Life Into Discharge Planning
- Alfred J. Chiplin, Jr.
- Judicial Interpretation of Managed Care Policy
- Robert F. Rich, Christopher T. Erb, and Louis J. Gale
NOTES
- Missing the Forest for the Trees: The Illusory Half-Policy of Senior Citizen Property Tax Relief
- Robert C. Christopherson
- Caring for the Elderly Undocumented Workers in the United States: Discretionary Reality or Undeniable Duty?
- Laura Fernandez Feitl
- Equality at the End: Amending State Surrogacy Statutes to Honor Same-Sex Couples’ End-of-Life Decisions
- Rebecca K. Glatzer
ESSAY
- Individual Decision Making and Risk in Defined Contribution Plans
- James M. Poterba
Volume 13 Number 2 (2005)
ARTICLES
- Top Ten Myths of Social Security Reform
- Jeffery R. Brown, Kevin A. Hassett, and Kent Smetters
- Disparate Impact or Negative Impact?: The Future of Non-Intentional Discrimination Claims Brought by the Elderly
- Sandra F. Sperino
- Predicating Dignity on Autonomy? The Need for Further Inquiry into the Ethics of Tagging and Tracking Dementia Patients with GPS Technology
- Karen Eltis
NOTES
- The Resurrection of the Death Tax: Decoupling and the Economic Growth and Tax Relief Reconciliation Act of 2001
- Kevin M. Bohl
- Elderly Electors Go Postal: Ensuring Absentee Ballot Integrity for Older Voters
- Jessica A. Fay
- Say What? How the Patient Self-Determination Act Leaves the Elderly with Limited English Proficiency Out in the Cold
- Catherine J. Jones
- The Inability of World War II Atomic Veterans to Obtain Disability Benefits: Time is Running Out on Our Chance to Fix the System
- Melinda F. Podgor
Volume 12 Number 1 (2004)
ARTICLES
- Predicting and Preventing Nursing Home “Performance Closures” in Michigan: Why Regulators May Not Have All the Tools They Need
- Alison E. Hirschel
- Protecting Who from What, and Why, and How?: A Proposal for an Integrative Approach to Adult Protective Proceedings
- Jennifer L. Wright
NOTES
- “Big Brother” and Grandma: An Argument for Video Surveillance in Nursing Homes
- Selket Nicole Cottle
- When the System Fails: What Notification System Does Due Process Require in the Context of State Aid to the Elderly?
- In Search of a Government that Will Govern: Senate Bill 812 and “Reimporting” Prescription Medication from Canada
- Abraham N. Saiger
ESSAY
- The Future of Medicare as an Entitlement Program
- Marilyn Moon
Volume 12 Number 2 (2004)
ARTICLES
- Hope We Die Before We Get Old: The Attack on Retirement
- Patricia E. Dilley
- Governmental Responses to Elder Abuse and Neglect in Nursing Homes: The Criminal Justice System and the Civil False Claims Act
- Michael J. Davidson
NOTES
- Nursing Homes: Status-Based Evictions and the Medicaid Crisis
- Cori F. Brown
- “The Diamond-Studded Wheelchair”: The Health Aid Exemption in Bankruptcy and Its Applications to the Elderly Debtor
- Jennifer B. Herzog
- The Hidden Benefits of Property Tax Relief for the Elderly
- Matthew J. Meyer
- From California to Illinois to Florida, Oh My!: The Need for a More Uniform Driver’s License Renewal Policy
- David Rosenfield
Volume 11 Number 1 (2003)
ARTICLES
- The Liberty and Property of Elders: Guardianship and Will Contests as the Same Claim
- Alison Barnes
- Employer-Based Retirement Income—the Ideal, the Possible, and the Reality
- Daniel Halperin
NOTES
- Medicaid “Preferred Drug Lists”: Florida as a Model for Analysis
- Nora Flaherty
- Sleeping Watchdogs of Personal Liberty: State Laws Disenfranchising the Elderly
- Kingshuk K. Roy
- Living Longer, but for What? Legal Neglect of Cognitive Treatments
- John R. Schleppenbach
- Sovereign Immunity Under the Eleventh Amendment: Kimel and Garrett, What Next for State Employees?
- Hillina Taddesse Tamrat
ESSAY
- Confronting Elder Abuse, Neglect, and Exploitation: The Need for Elder Justice Legislation
- Senator John B. Breaux and Senator Orrin G. Hatch
Volume 11 Number 2 (2003)
ARTICLES
- Elderly Status, Extraordinary Physical Impairments and Intercircuit Variation Under the Federal Sentencing Guidelines
- John D. Burrow, Ph.D, J.D. and Barbara A. Koons-Witt, Ph.D.
- Is the Pain Getting Any Better? How Elder Abuse Litigation Led to a Regulatory Revolution in the Duty to Provide Palliative Care
- Timothy McIntire
NOTES
- The Next Frontier in Tort Reform: Promoting the Financial Solvency of Nursing Homes
- R. Patrick Bedell
- Surviving Exemption: Should the Church Exemption to ERISA Still Be in Effect?
- Timothy Liam Epstein
- Who’s Watching the Cryptkeeper?: The Need for Regulation and Oversight in the Crematory Industry
- Keith E. Horton
- The Lawyer’s Role in Combating the Hidden Crime of Elder Abuse
- Sarah S. Sandusky
Volume 10 Number 1 (2002)
ARTICLES
- The Developing Field of Elder Law Redux: Ten Years After
- Lawrence A. Frolik
- Crowding Out: Estate Tax Reform and the Elder Law Policy Agenda
- Richard L. Kaplan
- The Aging of the AIDS Epidemic: Emerging Legal and Public Health Issues for Elderly Persons Living with HIV/AIDS
- Susan L. Waysdorf
- The New Aging: Individual and Societal Responses
- Fernando M. Torres-Gil
NOTES
- Enforcement of Standards of Care in the Long-Term Care Industry: How Far Have We Come and Where Do We Go from Here?
- Kevin B. Dreher
- Why They Won’t Take the Money: Black Grandparents and the Success of Informal Kinship Care
- Sonia Gipson Rankin
- Zoned Out: Assisted-Living Facilities and Zoning
- Michael Kling
- Physical Restraints in Nursing Homes: An Analysis of Quality of Care and Legal Liability
- Evan M. Meyers
Volume 10 Number 2 (2002)
ARTICLES
- The Growing Prominence of Independent Living and Consumer Direction as Principles in Long-term Care: A Content Analysis and Implications for Elderly People with Disabilities
- Andrew I. Batavia, J.D., M.S.
- What Mom Would Have Wanted: Lessons Learned from an Elder Law Clinic About Achieving Clients’ Estate-Planning Goals
- Marla Lyn Mitchell-Cichon
NOTES
- An Analysis of the Convention on the International Protection of Adults
- Aimee R. Fagan
- Weakening Title III of the Americans with Disabilities Act: The Buckhannon Decision and Other Developments Limiting Private Enforcement
- Michael W. Kelly
- Helping Them Rest in Peace: Confronting the Hidden Crisis Facing Aging Parents of Disabled Children
- Luana Olivas
- You Can Bet Your Life on It! Regulating Senior Settlements to Be a Financial Alternative for the Elderly
- Jessica Maria Perez
ESSAY
- Civil Rights and Long-Term Care: Advocacy in the Wake of Olmstead v. L.C. ex rel. Zimring
- Harriet McBryde Johnson and Lesly Bowers
Volume 9 Number 1 (2001)
ARTICLE
NOTES
- When “I Do” Becomes “I Don’t”: Eliminating the Divorce Loophole To Medicaid Eligibility
- Michael Farley
- Mental Health Advance Directives: A False Sense of Autonomy for the Nation’s Aging Population
- Elizabeth Ann Rosenfield
- Open Wide—I Meant Your Pocketbook: Repercussions of the Dental Exclusion to the Medicare Act
- Amanda McCluskey Schwob
- Re-Thinking the Estate Tax: Should Farmers Bear the Burden of a Wealth Tax?
- Stephanie A. Weber
ESSAY
- Inside the Voting Booth: Ensuring the Intent of the Elderly Voter
- Brian K. LaFratta and Jamie Lake
Volume 9 Number 2 (2001)
ARTICLES
- Age Discrimination Models of Proof After Hazen Paper Co. v. Biggins
- James C. Bailey
- Mandatory Criminal Background Checks of Those Caring for Elders: Preventing and Eliminating Abuse in Nursing Homes
- Jennifer Marciano
NOTES
- Inebriated Elders: The Problem of Substance Abuse Among the Elderly
- Susan Abrams
- The Unspoken Poor: Single Elderly Women Surviving in Rural America
- Michael L. Reig
- Does the Cash Ever Balance After Conversion?: An Examination of Cash Balance Pension Plan Conversions and ADEA Claims
- Joshua A. Rodine
- Do Independent and Assisted Living Communities Violate the Fair Housing Amendment Act and The Americas with Disabilities Act?
- Erin Ziaja
Volume 8 Number 1 (2000)
ARTICLES
- Now Is The Moment To Reflect: Two Year’s Experience with Oregon’s Physician-Assisted Suicide Law
- Susan R. Martyn and Henry J. Bourguignon
- Federal and State Initiatives to Jump Start the Market for Private Long-Term Care Insurance
- Joshua M. Wiener, Jane Tilly, and Susan M. Goldenson
NOTES
- Medicare Appeals and Interpretation: Meeting the Reasonable Expectations of Medicare Users Through a Comparison to Private Health Insurance
- Jason J. DeJonker
- Space-Age Medicine, Stone-Age Government: How Medicare Reimbursement of Telemedicine Services Is Depriving the Elderly of Quality Medical Treatment
- Kristen R. Jakobsen
- Venturing Out Beyond the Great Wall of Medicare: A Proposal to Provide Medicare Coverage Outside the United States
- James Whitman
ESSAY
Volume 8 Number 2 (2000)
ARTICLES
- A Medico-Legal Evaluation of Dehydration and Malnutrition Among Nursing Home Residents
- Julie A. Braun and Elizabeth A. Capezuti
- Domestic Abuse In Later Life
- Bonnie Brandl, M.S.W. and Tess Meuer, JD
- Public Housing for the Elderly in Massachusetts: How Federal and State Disability Laws and Regulations Have Created a Sense of Confinement
- Christine M. Cedrone
NOTES
- The White World of Nursing Homes: The Myriad Barriers to Access Facing Today’s Elderly Minorities
- Heather Aeschleman
- The Mental Health Parity Act: A Bar to Insurance Benefits Parity for the Elderly?
- Brian K. LaFratta
- Screening School Grandparents: Ensuring Continued Safety and Success of School Volunteer Programs
- Jamie Lake
Volume 7 Number 1 (1999)
ARTICLES
- What Attorneys Should Know About Long-Term Care Insurance
- Robert D. Hayes, Nancy G. Boyd, Kenneth W. Hollman
- Ten Years After: Where is the Constitutional Crisis with Procedural Safeguards and Due Process in Guardianship Adjudication?
- A. Frank Johns
NOTES
- Crossing the Decisional Abyss: An Evaluation of Surrogate Decision-Making Statutes as a Means of Bridging the Gap Between Post-Quinlan Red Tape and the Realization of an Incompetent Patient’s Right to Refuse Life-Sustaining Medical Treatment
- Mark Stephen Bishop
- The Marketing of Gambling to the Elderly
- Erika Gosker
- In the Wake of the Columbia/HCA Investigations: Plotting a Course for Medicare Compliance
- Jamie R. Welton
ESSAY
- The Resurrection of Nursing Home Reform: A Historical Account of the Recent Revival of the Quality of Care Standards for Long-Term Care Facilities Established in the Omnibus Reconciliation Act of 1987
- Senator Charles Grassley
Volume 7 Number 2 (1999)
ARTICLES
- Retirement Funding and the Curious Evolution of Individual Retirement Accounts
- Richard L. Kaplan
- The Elder Witness—The Admissibility of Closed Circuit Television Testimony After Maryland v. Craig
- J. Steven Beckett and Steven D. Stennett
NOTES
- ADEA and the Hostile Work Environment Claim: Are the Circuit Courts Dragging Their Feet at the Expense of the Harassed Older Worker?
- Margaret M. Gembala
- The “New” Newlyweds: Marriage Among the Elderly, Suggestions to the Elder Law Practitioner
- Joanna Lyn Grama
- A New Sexual Revolution?: Viagra as Pandora’s Box for the Elderly
- Christopher A. Julka
ESSAYS
- Advance Directives: Religious, Moral, and Theological Aspects
- William J. Wood
Volume 6 Number 1 (1998)
ARTICLES
- Age Discrimination in Employment and the Americans with Disabilities Act: “A Second Bite at the Apple”
- Constance Kleiner Hood
- Recent Changes in Medicare Managed Care: A Step Backwards for Consumers?
- Karen Visocan
NOTES
- Revamping the Phantom Protections for the Vulnerable Elderly: Section 3Al.l(b), New Hope for Old Victims
- Trent M. Murch
- Promises Made, Promises Broken: Securing Defined Benefit Pension Plan Income in the Wake of Employer Bankruptcy: Should We Rethink Priority Status for the Pension Benefit Guaranty Corporation?
- Jill L. Uylaki
- The Face of Social Security in the Twenty-First Century: An Analysis of the Reform Proposals Offered by the Social Security Advisory Council
- Rebecca E. Perrine Wade
ESSAYS
- Elder Law Journal Lecture: Seniors and Minorities in America
- Paul Simon
- Patient Dumping: Implications for the Elderly
- George P. Smith, II
Volume 6 Number 2 (1998)
ARTICLES
- Can We Talk?: Impediments to Intergenerational Communication and Practice in Law School Elder Law Clinics
- Steven Keith Berenson
- The Home Health Care Crisis: Medicare’s Fastest Growing Program Legalizes Spiraling Costs
- Brian E. Davis
NOTES
- To Transfer or Not to Transfer: Congress Failed to Stiffen Penalties for Medicaid Estate Planning, but Should the Practice Continue?
- John M. Broderick
- Finally Laid to Rest?: The Impact of Wheeler v. United States on Judicial Interpretation of the Bona Fide Sale Exception to Section 2036(a) of the Internal Revenue Code
- Grant Robert Gulovsen
- Has the Age Discrimination in Employment Act Remained Effective in the United States as Well as in an Increasingly Globalized Economy?
- Cynthia Jean Robertson
ESSAYS
- EEOC v. Johnson & Higgins, Inc.: Making the World Safe for Millionaires
- Daniel P. O’Meara
- Whose Decision Is It Anyway?: Identifying the Medicaid Planning Client
- David M. Rosenfeld
Volume 5 Number 1 (1997)
ARTICLES
- The Impact of Advance Medical Directives on Distribution of Estate Assets Under the Simultaneous Death Act
- James C. Benson and Russell Austin
- Reverse Mortgages: Backing into the Future
- Jean Reilly
NOTES
- The Elderly in Guardianship: A Crisis of Constitutional Proportions
- Mark D. Andrews
- Collecting Attorney’s Fees in Social Security Disputes: Procedures, Analysis, and Retroactive Application of Equal Access to Justice Act Timing Requirements
- Ann C. Chalstrom
- The Elderly and the Discriminatory Use of Genetic Information
- Kyle G. French
ESSAYS
- Elder Law Journal Lecture: Don’t Sock the Elderly, Help Them: Old Age Is Hard Enough
- Robert Eisner
- A Call for a Functional Multidisciplinary Approach to Intervention in Cases of Elder Abuse, Neglect, and Exploitation: One Legal Clinic’s Experience
- Suzanne J. Levitt and Rebecca J. O’Neill
Volume 5 Number 2 (1997)
FOREWORD
TRIBUTE
- On Scoles
- Wayne R. LaFave
ARTICLES
- Elderly Immigrants: What Should They Expect of the Social Safety Net?
- Leslie Pickering Francis
- Semantics and Policy in Physician-Assisted Death: Piercing the Verbal Veil
- Leslie Joan Harris
NOTES
- The Anabolic Steroids Act: Bad Medicine for the Elderly
- Jeffrey Hedges
- Strengthening the Older Americans Act’s Long-Term Care Protection Provisions: A Call for Further Improvement of Important State Ombudsman Programs
- Elizabeth B. Herrington
- The State Giveth and the State Taketh Away: In Pursuit of a Practical Approach to Medicaid Estate Recovery
- Ion M. Zieger
ESSAY
- The Right to Live
- Leigh B. Middleditch, Jr. and Joel H. Trotter
Volume 4 Number 1 (1996)
ARTICLES
- Preneed Funeral Plans: The Case for Uniformity
- Judith A. Frank
- Enhancing Autonomy and Choice in Selecting and Directing Long-Term Care Services
- Marshall B. Kapp
BOOK REVIEW ESSAY
- The Law and Economics of the Elderly
- Thomas Ulen
NOTES
- License to Steal: Implied Gift-Giving Authority and Powers of Attorney
- Hans A. Lapping
- Releasing the Elderly Inmate: A Solution to Prison Overcrowding
- Jason S. Ornduff
- Consumer Fraud and the Elderly: The Need for a Uniform System of Enforcement and Increased Civil and Criminal Penalties
- Richard A. Starnes
Volume 4 Number 2 (1996)
ARTICLES
- Testamentary Capacity in Alzheimer’s Disease
- Warren F. Gorman, M.D.
- Liability Issues Affecting Consumer-Directed Personal Assistance Services: Report and Recommendations
- Charles P. Sabatino, J.D. and Dr. Simi Litvak
NOTES
- Recognizing a Fundamental Liberty Interest Protecting the Right to Die: An Analysis of Statutes Which Criminalize or Legalize Physician-Assisted Suicide
- William J. Tarnow
- Spousal Impoverishment or Enrichment? An Assessment of Asset and Income Transfers by Medicaid Applicants
- Louis D. Torch
ESSAYS
- Women’s Retirement Security
- Senator Carol Moseley-Braun
- Fighting for Fairness: Keeping Public Wards in the Community and out of Nursing Homes Women’s Retirement Security
- Patrick T. Murphy
Volume 3 Number 1 (1995)
ARTICLES
- Elder Law: A Guide to Key Resources
- Susan J. Hemp and Cheryl Rae Nyberg
- Health Care Reform—Past and Future
- David Blumenthal
- The Elder Law Attorney: Working with Grief
- Clifton B. Kruse, Jr.
NOTES
- Family Limited Partnerships, Trusts, or Limited Liability Corporations: Which Should the Elderly Choose?
- Timothy R. Baumann
- “Grandma, Grandpa, Where Are You?”—Putting the Focus of Grandparent Visitation Statutes on the Best Interests of the Child
- Christine Davik-Galbraith
- Mandatory Reporting Statutes: A Necessary Yet Underutilized Response to Elder Abuse
- Molly Dickinson Velick
Volume 3 Number 2 (1995)
ARTICLES
- Top Ten Myths of Social Security
- Richard L. Kaplan
- Grandparents Raising Grandchildren: Problems and Policy from an Illinois Perspective
- Mary C. Rudasill
NOTES
- Preventing Social Security Overpayments to Older Claimants
- Deborah I. Ginsberg
- Elderly Drivers: The Need for Tailored License Renewal Procedures
- Jennifer L. Klein
- After Price Waterhouse and the Civil Rights Act of 1991: Providing Attorney’s Fees to Plaintiffs in Mixed Motive Age Discrimination Cases
- Nancy L. Lane
- Criminalizing Physical and Emotional Elder Abuse
- Robert A. Polisky
Volume 2 Number 1 (1994)
ARTICLES
- Representing the Client Who Is Older in the Law Office and in the Courtroom
- William E. Adams and Rebecca C. Morgan
- Durable Powers as a Hedge Against Guardianship: Should the Attorney-at-Law Accept Appointment as Attorney-in-Fact?
- Linda S. Whitton
NOTES
- The Federal Sentencing Guidelines and Elderly Offenders: Walking a Tightrope Between Uniformity and Discretion (and Slipping)
- Thomas A. Long
- The Golden State v. The Silver State or State Taxation of Nonresidents’ Pension Income
- Robert F. Messinger
- Is your Client’s Government Pension Safe?: Making the Case for Federal Regulation
- Jon G. Miller
Volume 2 Number 2 (1994)
RECENT DEVELOPMENTS
- The National Probate Court Standards: The Role of the Courts in Guardianship and Conservertorship Proceedings
- Paula L. Hannaford and Thomas L. Hafemeister
ARTICLE
- Financing Strategies: Long-Term Care for the Elderly
- Erick J. Bohlman
NOTES
- The Right to a Remedy: When Should an Abused Nursing Home Resident Sue?
- Susan H. Hemp
- Uncertainty in the Golden Years: The Growing Demands upon the American Retirement Security System
- Christopher T. Kelley
- Hedonic Damages in Wrongful Death and Survival Actions: The Impact of Alzheimer’s Disease
- Lori A. Nicholson
Volume 1 Number 1 (1993)
RECENT DEVELOPMENTS
- The Medicare Alzheimer’s Disease Demonstration
- Colleen C. Manning
ARTICLES
- Should Government Regulate the Financial Management of Continuing Care Retirement Communities?
- Michael D. Floyd
- Reverse Mortgages: A Financial Planning Device for the Elderly
- Celeste M. Hammond
ESSAYS
- The Developing Field of Elder Law: A Historical Perspective
- Lawrence A. Frolik
- Elder Law in the Nineties
- Peter J.Strauss
Volume 1 Number 2 (1993)
ARTICLE
- Representing Defendants in Guardianship Proceedings: The Attorney’s Dilemma of Conflicting Responsibilities
- Anne K. Pecora
NOTES
- Spending Down for Medicaid Eligibility in Section 209(B) States: Should the Procedures Be Changed?
- Elizabeth T. Melady
- Meeting the Needs of Elderly Consumers: Proposed Reforms for the National Association of Insurance Commissioners’ Long-Term Care Insurance Model Act
- Bruce A. Radke
- Medicaid and the Middle Class: Should the Government Pay for Everyone’s Long-Term Health Care?
- Jeffrey L. Soltermann
ESSAY
- The Long and Winding Road: Guardianship Reform in Michigan
- Bradley Geller