244,095 research outputs found

    Elder Law and Conflicts of Interest in the United States and Canada

    Get PDF
    This article considers the problem of conflicts of interest in elder law in the context of a larger discussion about elder law as a bounded legal subject. The problem of conflicts of interest is not particular to elder law. Conflicts, intentional and unintentional, have a special salience in this context, however. That salience is intensified by the expanded scope of elder law to include other classes of vulnerable clients, such as persons with disabilities. Despite the significance of conflicts as a real, perceived, or potential issue in this context, the issue has received relatively scant attention and discussion. This inattention to conflicts has distorted perceptions of elder law within the wider legal community, with unfortunate consequences for the development of elder law as a discrete field of practice and research. This article considers the issue of conflicts in the elder law discourse from both an American and Canadian perspective. Core practice areas for American elder law (areas not readily transportable to non-American jurisdictions) are areas in which the conflicts issue is especially prominent. From an international perspective, a perception may be created of elder law as a peculiarly American practice area, and one which is rife with real and potential conflicts that elder law practitioners-and those who would export the model-may prefer to ignore. This dynamic has frustrated the development of elder law as an international, multi-faceted, and interdisciplinary area of law. Confronting the issue of conflicts in elder law is an important first step in continuing the coherent development of elder law (perhaps within a rubric of law, policy and aging) as a bounded legal subject

    Elder Law

    Get PDF

    Into the Elder Law Trenches at Wake Forest University School of Law

    Get PDF
    Educational Objectives: 1. Examine the benefits of a medical-legal partnership for training law students how to represent older clients. 2. Review common legal issues in the field of elder law. 3. Explore broader policy concerns facing an aging population

    Elder Law

    Get PDF

    ELDER LAW?

    Get PDF
    Across 1 Evaluated, as a movie 6 Before, up front 9 And wife (Latin abbr.) 13 Drexler or Darrow 14 Fail to prevent 15 Overdone, as toast 16 What a trial loser may become 18 Clear 19 Start of an observation by Charles Schulz 21 Canadian pro

    A Feminist View of American Elder Law

    Get PDF
    ANY discussion of contemporary American elder law must consider gender issues. A number of gender concerns are readily discernible, including workplace and family issues. Significantly, sex-based disparities are increasing within the elderly population. In turn, these disparities exacerbate problems of fairness and equity in meeting intergenerational family needs and expectations. As with childrearing, in contemporary American society, the major caregiving responsibility for the growing number of frail elderly falls largely on women rather than men. With an increasing number of women working outside the family home, the intersection of work and family issues is receiving considerable attention both in academic circles and in the popular media. Recently, for example, twenty-nine colleges and universities were identified as having workplace policies sensitive to employee family care responsibilities. Regrettably, such workplaces are the exceptions in American society. This article examines these significant elder law issues from a feminist perspective, particularly the feminist jurisprudence of care. Feminism has much to teach traditional American law and jurisprudence, including elder law. Feminist jurisprudential approaches have provided valuable critiques of traditional legal topics, including tort law, family law, corporate law, tax law, commercial law, labor law, and international law. This article applies similar feminist sensibilities and methodologies to elder law concerns. In general, American elder law is traditional in approach. Traditional or classical American jurisprudence, like elder law, promotes autonomy, personal responsibility, rationality, and individualism. On the other hand, feminism, especially the feminist “ethic of care” associated with the work of Carol Gilligan, rejects these traditional concepts in favor of solidarity, empathy, and community responsibility. This article argues that the feminist ethic of care should displace the traditional American approach to elder law

    A Feminist View of American Elder Law

    Get PDF
    ANY discussion of contemporary American elder law must consider gender issues. A number of gender concerns are readily discernible, including workplace and family issues. Significantly, sex-based disparities are increasing within the elderly population. In turn, these disparities exacerbate problems of fairness and equity in meeting intergenerational family needs and expectations. As with childrearing, in contemporary American society, the major caregiving responsibility for the growing number of frail elderly falls largely on women rather than men. With an increasing number of women working outside the family home, the intersection of work and family issues is receiving considerable attention both in academic circles and in the popular media. Recently, for example, twenty-nine colleges and universities were identified as having workplace policies sensitive to employee family care responsibilities. Regrettably, such workplaces are the exceptions in American society. This article examines these significant elder law issues from a feminist perspective, particularly the feminist jurisprudence of care. Feminism has much to teach traditional American law and jurisprudence, including elder law. Feminist jurisprudential approaches have provided valuable critiques of traditional legal topics, including tort law, family law, corporate law, tax law, commercial law, labor law, and international law. This article applies similar feminist sensibilities and methodologies to elder law concerns. In general, American elder law is traditional in approach. Traditional or classical American jurisprudence, like elder law, promotes autonomy, personal responsibility, rationality, and individualism. On the other hand, feminism, especially the feminist “ethic of care” associated with the work of Carol Gilligan, rejects these traditional concepts in favor of solidarity, empathy, and community responsibility. This article argues that the feminist ethic of care should displace the traditional American approach to elder law

    Advanced Elder Law

    Get PDF
    Meeting proceedings of a seminar by the same name, held August 20-21, 2021

    Edward J. Kelly Prize in Elder Law

    Get PDF
    The Elder Law Prize is intended to advance the study of elder law and to encourage and assist Notre Dame Law students who may have an interest in this field. This award is given annually to the NDLS student who has written the best essay, article, or legal brief on a topic relating to elder law. Due to a gift from the Retirement Research Foundation on behalf of Mr. Ed Kelly, the winner of the award will receive a monetary prize

    Elder law instutute

    Get PDF
    Meeting proceedings of a seminar by the same name, held October 1-2, 2020
    • …
    corecore