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Elder Law in Context integrates cases, statutory materials, forms, policy and ethics to provide a well-rounded and comprehensive study of Elder Law. The book demonstrates that the law of any given practice area in reality isn't made up of discrete doctrinal areas but rather consists of interrelated and overlapping areas, and covers legal doctrine in contracts, agency, ethics, torts, constitutional law, administrative law, public law, criminal law and more, as they relate to Elder Law. This approach provides both an excellent and practical vehicle for learning Elder Law, but, by reviewing core doctrine from earlier and more foundational law school courses, it helps to prepare upper level students for the bar exam. The book provides ample opportunities for students to apply lessons, through the various problems and exercises throughout.
Elder Law in Context integrates cases, statutory materials, forms, policy and ethics to provide a well-rounded and comprehensive study of Elder Law. The book demonstrates that the law of any given practice area in reality isn't made up of discrete doctrinal areas but rather consists of interrelated and overlapping areas, and covers legal doctrine in contracts, agency, ethics, torts, constitutional law, administrative law, public law, criminal law and more, as they relate to Elder Law. This approach provides both an excellent and practical vehicle for learning Elder Law, but, by reviewing core doctrine from earlier and more foundational law school courses, it helps to prepare upper level students for the bar exam. The book provides ample opportunities for students to apply lessons, through the various problems and exercises throughout.
The ageing population poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law.
Elder Law: Practice, Policy, and Problemsis designed with the teacher and learner in mind. It combines a client-focused approach with in-depth discussions of elder law related policy issues. Designed to be simultaneously practical and theoretical, it provides students with specific legal knowledge and a conceptual framework for understanding key issues facing older adults and the attorneys who represent them. The author’s narrative frames a series of primary materials including cases, statutes, regulations, and sample documents, as well as excerpts from articles designed to stimulate student thinking and discussion. Problems and hypothetical exercises—many of which relate to client counseling—ask students to imagine themselves in the role of the elder law attorney, and to describe how they would handle various scenarios, such as a client meeting. In addition, questions in each section prompt students to critique key policies and thereby test their understanding of those policies. New to the Second Edition: Comprehensive updates that capture changes in law and policy, including major revisions to nursing home regulations, new developments in guardianship law, and an emerging line of cases on age discrimination in hiring New coverage of: family caregiving and caregivers’ rights “Gray divorce” and its implications for policy design and planning Supported decision-making Social service interventions that address elder abuse Professors and students will benefit from: Very clearly organized content A client-centered approach Integrated discussion of policy and current issues supported by relevant cases, statutes, regulations, sample documents, and commentaries. All relevant statutory material being within the casebook, meaning there is no need to require a separate statutory supplement Practice problems of varying difficulty that encourage students to apply what they are learning to realistic client-focused hypothetical scenarios Questions throughout the text that prompt critical thinking, and prepare students to engage in classroom discussion Exercises that can be used for either independent or in-class assignments
Hardbound - New, hardbound print book.
Since the late 1970s when Congressman Claude Pepper held widely publicized hearings on the mistreatment of the elderly, policy makers and practitioners have sought ways to protect older Americans from physical, psychological, and financial abuse. Yet, during the last 20 years fewer than 50 articles have addressed the shameful problem that abusersâ€"and sometimes the abused themselvesâ€"want to conceal. Elder Mistreatment in an Aging America takes a giant step toward broadening our understanding of the mistreatment of the elderly and recommends specific research and funding strategies that can be used to deepen it. The book includes a discussion of the conceptual, methodological, and logistical issues needed to create a solid research base as well as the ethical concerns that must be considered when working with older subjects. It also looks at problems in determination of a report's reliability and the role of physicians, EMTs, and others who are among the first to recognize situations of mistreatment. Elder Mistreatment in an Aging America will be of interest to anyone concerned about the elderly and ways to intervene when abuse is suspected, including family members, caregivers, and advocates for the elderly. It will also be of interest to researchers, research sponsors, and policy makers who need to know how to advance our knowledge of this problem.
Questions that face dying individuals, their families, and the professionals that help them at the end of their lives are explored in this volume. The contributors help the reader to come to terms with issues of mortality complicated by the diversity of cultures within society.
Elder Abuse: Forensic, Legal and Medical Aspects focuses on the psychological, financial and physical abuse and neglect that is widespread in elder abuse across socioeconomic levels. It provides expert information on forensic and legal topics that professionals need to understand to confront these crimes. The topics included are those most important in the detection and prosecution of elder abuse. Identification and epidemiology are discussed, as are types and presentations of abuse. Written at a level for both professionals and students who wish to gain a broader understanding of specific forensic topics in elder maltreatment, this book is an ideal source. - Covers the physical, sexual, financial and psychological types of elder abuse - Includes a section on domestic violence in the elderly, as well as wound identification - Provides a multidisciplinary approach that is emphasized with special sections on death investigation, evidence collection, the medical examiner's responsibilities, and the response of the justice system
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
For baby boomers, senior citizens, gerontologists, and students of aging and the justice system, Howard Eglit's trenchant discussion of the intersection of aging Americans with the U.S. legal system illuminates the consequences of a pervasive bias in contemporary society. America's ballooning older population is well documented. Couple this demographic tidal wave with the legal system, Eglit says, and the inescapable conclusion follows that the matrix of laws, regulations, judicial rulings, and governmental policy issues will affect more and more older people. Were age an innocuous factor in society, this proposition would merit little note. But, he says, "The fact is that age matters. And often negatively so." It matters in the ways that young jurors assess the credibility of older litigants and witnesses. It matters for fashioning the attitudes that older jurors bring into the jury room. It matters for attorneys who deal with older clients and for judges, lawyers, and jurors who must respond to older lawyers. Embedded in American culture, age bias generally works to the detriment of older men and women, and this is dramatically true for individuals caught up in the legal system. Elders on Trial examines the role that age plays in the legal process; more than that, it offers solutions and guides for mitigating the myriad negative aspects of that role. With its concern for human interactions and responses, rather than matters of infrastructure or formal legislative enterprise, the book offers a timely consideration of an urgent challenge faced by American society.