Journal of Aging Law & Policy
The Journal of Aging Law & Policy is a student and peer-edited publication that aims to provide varying perspectives on elder law and policies that test the traditional and modern notions of elder law. We request the submissions of scholarly articles written by authors that will encourage discussion and stimulate academic thinking.
Current Issue
Vol. 17 Preview
Failing Aging: Congress, the Social Contract, and “Saving” Social Security and Medicare
The prolific Professor Rebecca Morgan turns her attention to Social Security and Medicare, arguing that we should analyze the government’s obligations through the lens of social contract. The article begins with a granular analysis of social contract, expanding to its application to the context at hand, and finding that promises made in the past created a binding contract by our government to the people.
Upon Further Consideration: The Case for Trusts as Contracts
This article discusses and advocates for the proposition that trusts should be treated like contracts. If we can treat trusts like contracts, the door is opened for options that ordinarily would not be available through solely the lens of trust law, such as alternative means of modification and additional enforceable trust provisions.
Beyond the Sentence: The Constitutional Crisis of End-of-Life Care for Incarcerated Individuals
This article discusses the issue of end-of-life care within prisons, arguing that the lack thereof is a systematic crisis. This is analyzed through an ethical lens, highlighting lack of human dignity, and a legal lens, discussing the barriers created by statute and Supreme Court jurisprudence on prisoners bringing Eighth Amendment claims.
Barriers to Reintegration: The Socioeconomic Marginalization of Elderly Former Inmates
This article focuses on the challenges and interconnected issues facing elderly former inmates as they attempt to reintegrate into society, arguing that the law should do more to provide services and assistance. The article emphasizes that there is a cycle of hardship created by the stigma of a conviction, leading to a higher likelihood of reincarceration without proper support.
Aging in the Eye of the Storm: Addressing the Need for Stronger Disaster Preparedness for Older Adults in Long-Term Care Facilities
This article makes the case that disaster preparedness in long term care facilities such as nursing homes fall woefully short, discussing noncompliance with existing regulations and lack or coordination between regulators. Herrera discusses several potential fixes, such as a more active Center for Medicare and Medicaid Services, and additional judicial remedies.
The Caregiver Burden: The Impact of the Current Bureaucratic System on Caregivers and Older and Disabled Individuals
This article discusses unpaid family caregivers, and the inadequate government programs currently in place to help support them as they make sacrifices to care for a loved one. Martin recommends that these processes be streamlined to make them accessible and further suggests tax incentives and workplace benefits for caregivers.
Home Is Where the Heart Is: Protecting Older Adults From Financial Abuse in the Place They Love
Using California as a template, this article discusses the implications and impact of financial abuse on aging individuals, and advocates for broader protections in this field. Mickleburgh discusses the limitations of elder abuse restraining orders, emphasizing the importance of the return of real property when it is taken by fraud or undue influence.
Restorative Justice, Elder Mistreatment, and Cognitive Impairment: Toward Expanding Current Frameworks
Adding to the burgeoning field of scholarship that is restorative justice, this article discusses the implications of a restorative justice approach on older adults, with an emphasis on cognitively impaired individuals. The article argues that restorative justice is appropriate for this purpose, showing a real-world example of efficacy and advocating for further research and development.
Full Article from Malya Levin, Rachael Domanico, Erica Costello, and Deirdre Lok
Call for Papers
Stetson’s Journal of Aging Law & Policy, the preeminent journal for cutting-edge issues of national aging law and policy, is seeking articles for its next volumes. Stetson’s Journal of Aging Law & Policy is a unique journal with an elder law emphasis that also focuses on both law and policy.
If you are interested in submitting an article for publication, please email the Managing Editor at [email protected]. Submission requirements: Articles must be in 12-point font and double spaced. Citations should be in accordance with either the ALWD or BlueBook citation manuals and the article must be related to a relevant elder law topic. Submission preferences: The Journal seeks articles that are between 10,000 and 20,000 words. However, consideration may be given to articles that fall outside of this word requirement.
Questions should be directed to the Managing Editor, at [email protected].