Thursday, July 29, 2010
Monday, July 26, 2010
Sonoma County Defendants to Pay Clay Greene over $650,000 to Settle Case in Which County Forcefully Separated Greene from his Partner of 20 Years
From our friends at the NCLR Blog: http://www.nclrights.org/site/PageServer?pagename=press_SonomaCounty072310
Late last week, Clay Greene and the estate of Harold Scull, Greene's deceased partner of 20 years, reached a settlement resolving their lawsuit against the County of Sonoma (“County”) and other defendants.
Greene and Scull’s estate will receive well over a half a million dollars—a total of $653,000—to compensate for the damages the couple suffered due to the County’s discriminatory and unlawful conduct. The County has agreed to pay $600,000, with a smaller payment by defendant Agua Caliente Villa of $53,000.
"What Clay and Harold lost can never be replaced, but this settlement brings a measure of justice to their story," said Amy Todd-Gher, Senior Staff Attorney for the National Center for Lesbian Rights, which represented Greene with The Law Office of Anne N. Dennis and Stephen O'Neill and Margaret Flynn of Tarkington, O'Neill, Barrack & Chong. "This victory sends an unmistakable message that all elders must be treated with respect and dignity, regardless of their sexual orientation, and that those who mistreat elders must be held accountable. Even as we celebrate this victory, however, we are deeply troubled that the County of Sonoma continues to refuse to take responsibility for their egregious misconduct and violations of the law in this case. We urge every citizen of Sonoma County to demand more oversight of the Public Guardian’s office. They need to be watched."
Greene and Scull lived together for 20 years and had executed both mutual powers of attorney for medical and financial decisions and wills naming each other as beneficiaries. In April 2008, County employees separated the couple after Scull fell outside their shared home. In the next three months, County officials ignored the couple’s legal documentation, unlawfully auctioned their possessions, terminated their lease, and forced Greene into an assisted living facility against his will. The County did not consult Greene in Scull's medical care and prevented the two from seeing one another. In August, 2008, before the partners could be reunited, Scull passed away after completing a photo album of the couple’s life for Greene.
In August, 2009, Greene and the representative of Scull’s estate, the couple’s longtime friend Jannette Biggerstaff, filed a lawsuit alleging elder abuse, elder financial abuse, breach of fiduciary duty, intentional and negligent infliction of emotional distress, false imprisonment, and other claims.
In addition to agreeing to pay a substantial sum, as a result of the lawsuit, the County has changed or modified a number of important policies in its Public Guardian’s Office, including requiring County employees to follow protocols before seizing private property, preventing County employees from relocating elders or others against their will, and prohibiting County employees from backdating information in their guardianship database.
“This settlement will allow Mr. Greene to finally have the quiet retirement he deserves,” said Anne N. Dennis, one of Greene’s attorneys. “Although nothing can undo the harm to these gentlemen, we believe the changes made because of the lawsuit will improve services to elders and other individuals who need the assistance of the Sonoma County Public Guardian’s Office.”
Plaintiff Jannette Biggerstaff , the executor of Scull's estate and a longtime friend of the couple, added: "There is no possible justification for what happened to my friends Harold and Clay, and I still feel outraged and heartbroken that they suffered such a terrible tragedy, which was made worse by the county spreading such terrible lies about Clay," she said. "But I am pleased that their rights have been vindicated, and I'm hopeful that their story will help to prevent this from happening to other vulnerable people."
Saturday, July 24, 2010
On July 26, 2010, the Department will publish four advance notices of proposed rulemaking (ANPRMs) in the Federal Register seeking public comment on the topics addressed by these fact sheets. Comments will be accepted for 180 days.Accessibility of Web Information and Services Provided by Entities Covered by the ADA
Sunday, July 18, 2010
Friday, July 23, 2010
10:00 a.m. to 12:30 p.m.
with Attorney General Eric Holder, former Attorney General Dick Thornburgh, former Congressman Tony Coelho, Assistant Attorney General for Civil Rights Thomas Perez, and presentations by ADA experts who played significant roles in the development and passage of the ADA in 1990.
Access the event via the ADA Home Page.
Divers have found 30 bottles of champagne thought to pre-date the French Revolution on the Baltic seabed. When they opened one, they found the wine - believed to have been made by Clicquot (now Veuve Clicquot) between 1782 and 1788 - was still in good condition. The bottle - whose shape indicates it was produced in the 18th Century - has now been sent to France for analysis. If confirmed, it would be the oldest drinkable champagne in the world. Diver Christian Ekstrom was exploring a shipwreck on the Baltic seabed when he found the bottles. He took one to the surface, where he opened it and tasted it with his colleagues. "It was fantastic," he told the Reuters news agency. "It had a very sweet taste, you could taste oak and it had a very strong tobacco smell. And there were very small bubbles." According to records, Clicquot champagne was first produced in 1772 but was laid down for 10 years, the French news agency AFP reported. Experts think the remaining bottles could fetch high prices at auctionRead more.
Thursday, July 15, 2010
Tuesday, July 13, 2010
Thursday, July 8, 2010
The government is preparing to issue new rules that will make it substantially easier for veterans who have been found to have post-traumatic stress disorder to receive disability benefits, a change that could affect hundreds of thousands of veterans from the wars in Iraq, Afghanistan and Vietnam. The regulations from the Department of Veterans Affairs, which will take effect as early as Monday and cost as much as $5 billion over several years according to Congressional analysts, will essentially eliminate a requirement that veterans document specific events like bomb blasts, firefights or mortar attacks that might have caused PTSD an illness characterized by emotional numbness, irritability and flashbacks. For decades, veterans have complained that finding such records was extremely time consuming and sometimes impossible. And in the wars in Afghanistan and Iraq, veterans groups assert that the current rules discriminate against tens of thousands of service members — many of them women — who did not serve in combat roles but nevertheless suffered traumatic experiences.
Under the new rule, which applies to veterans of all wars, the department will grant compensation to those with PTSD if they can simply show that they served in a war zone and in a job consistent with the events that they say caused their conditions. They would not have to prove, for instance, that they came under fire, served in a front-line unit or saw a friend killed. Read more in the NY Times Global Edition.
Wednesday, July 7, 2010
I join the rest of the country in mourning the death of Dr. Robert Butler, one of America’s greatest champions for the health and wellbeing of older Americans. As the first director of the National Institute of Aging, the founder of the country’s first geriatrics department, and in a decades-long career as a physician and policy advisor, Dr. Butler brought critical new public attention and medical resources to improving the health of our seniors.
He made great contributions as a researcher, playing a key role in the discovery that some of the debilitating conditions associated with old age could actually be prevented with the right care. But he made an even bigger impact as an advocate. He coined the term “ageism” and then became its most determined critic, helping to transform a culture that too often acted as if people’s contributions to society ended on their 65th birthday.
Dr. Butler’s own career showed just how wrong that view was, as he continued to be an international leader in geriatrics right up until his death at age 83. For his trailblazing work to help seniors live rich and healthy lives – to not just survive, but thrive – all Americans, young and old, owe him an enormous debt. We will miss him dearly.
Tuesday, July 6, 2010
Do you have questions about the Affordable Care Act, finding options for health insurance coverage, your new consumer rights, or the newly-launched HealthCare.gov website?
Health and Human Services Secretary Kathleen Sebelius will answer your questions directly during a live event at the White House moderated by WebMD's Kristy Hammam. Submit your questions now, and vote your favorite ones to the top of each category. Then watch the event tomorrow, July 7, at 12pm EDT at WhiteHouse.gov/Live.
Attached is the link to the June 2010 issue of Bifocal, Journal of the ABA Commission on Law and Aging. http://new.abanet.org/aging/PublicDocuments/Jun_10_ABA_Bifocal_J.pdf
In this issue:
Guardianship in Israeli Law: Need for Revisions (by Carmit Shay) 101
Virginia Elder Rights Coalition Renames Award in Honor of Erica F. Wood (by Jamie Philpotts) 102
ABA Commission Welcomes Summer 2010 Interns 103
Employment Opportunity at the ABA Commission 103
Recommended Reading: Passages in Caregiving: Turning Chaos into Confidence by Gail Sheehy (review by David Godfrey) 108
List of Adult Guardianship Education and Training Videos, DVDs, and Movies (by Danielle Valdenaire) 109
New! Special Dues Rates for Legal Aid Attorneys, Gov?t Attorneys, Solo Practitioners, and More 111
Save the Date! National Aging and Law Conference?Dec. 9-11, 2010, Alexandria, Virginia 112
The ABA Commission on Law and Aging distributes Bifocal six times a year to elder bar section and committee officers and members, legal services providers, elder law and other private practitioners, judges, court staff, advocates, policymakers, law schools and elder law clinics, law libraries, and other professionals in the law and aging networks.
To subscribe or to submit news or a manuscript for consideration, e-mail Jamie Philpotts at firstname.lastname@example.org. Include the word "SUBSCRIBE" in the subject heading.
American Bar Association
Commission on Law and Aging
740 15th St., N.W.
Washington, DC 20005
Monday, July 5, 2010
is pleased to announce that
Iris C. Freeman, MSW, has been named
Associate Director of the Center
Iris C. Freeman has been an Adjunct Professor at the Center since September 2008, co-teaching the Elder Justice Keystone course with the Center Director. Her classes blend the background and experience of policy advocacy in legislative and administrative arenas. Outside the classroom, she develops student internships and research assignments geared to strengthening adult protective services and related law enforcement.
As Associate Director, Professor Freeman will continue to lead the Center's activities that pertain to the abuse, neglect, and financial exploitation of vulnerable elders. She coordinates the work of the interdisciplinary Vulnerable Adult Justice Project (VAJP) and its subcommittees. Now beginning its third year, the VAJP is a collaborative of over 50 public agencies and private associations who meet monthly at the College to discuss cases, practice issues, barriers encountered, and to propose policy reforms for joint action. She is a spokesperson for the Center at state and national professional conferences, studies best practices for preventing maltreatment in residential care facilities, and produces practical training materials for health care and human services professionals.
For more information about the Center, visit http://www.wmitchell.edu/cejp
Friday, July 2, 2010
Sponsored by Florida State University Center for
Innovative Collaboration in Medicine & Law
Vol. 1, No. 4: Jun 23, 2010
MARSHALL B. KAPP, EDITOR
Director, Florida State University Center for Innovative Collaboration in Medicine & Law, Florida State University, College of Law and College of Medicine
The Florida State University Center for Innovative Collaboration in Medicine and Law, http://med.fsu.edu/medicinelaw, is a joint effort of the Florida State University College of Medicine and College of Law. The mission of the Center for Innovative Collaboration in Medicine & Law is to identify and facilitate (through education, the conduct and dissemination of scholarship, and performance of service activities) opportunities for members of the medical and legal professions, working together and with others, to foster improvements in the quality of life enjoyed by individuals and to promote public health in Florida, the United States, and globally.
Table of Contents
Law, Ethics and Pandemic Preparedness: The Importance of Cross-Jurisdictional and Cross-Cultural Perspectives
Belinda Bennett, University of Sydney - Faculty of Law
Terry Carney, University of Sydney - Faculty of Law
Fight Club: Doctors vs. Lawyers - A Peace Plan for America's Most Prestigious, Antagonistic Professions
Andrew Jay McClurg, University of Memphis Cecil C. Humphreys School of Law
A Common Ethical Challenge: On the Business of Law and Medicine and Being a Professional
Joshua E. Perry, Indiana University, Kelley School of Business, Dept of Business Law & Ethics
The Role of State Medical Boards in Regulating Physician Participation in Executions
Ty Alper, Death Penalty Clinic
Reclaiming the Patient's Voice and Spirit in Dying: An Insight from Israel
Carmel Shalev, affiliation not provided to SSRN
Thursday, July 1, 2010
Call for Papers Deadline Extended!
2010 Canadian Conference on Elder Law
October 28-30, 2010
Delta Chelsea Hotel, Toronto, Ontario, Canada
In conjunction with the Law Commission of Ontario, the Canadian Centre for Elder Law announces its 5th annual Canadian (International) Conference on Elder Law issues
Developing an Anti-Ageist Approach to the Law
Due to numerous requests, the deadline for submissions of abstracts for the 2010 Canadian Conference on Elder Law has been extended. The deadline for submissions is now Friday, July 16th.
The theme of this year's conference is "Developing an Anti-Ageist Approach to the Law." The conference will explore issues of elder rights, ageism and the law, access to justice, and law reform for older persons. While submissions related to the theme of the conference as described are encouraged, this call for abstracts embraces a broad variety of socio-legal topics related to law and aging that do not specifically deal with these issues.
The focus of this conference is law, but interdisciplinary abstracts are welcome for its workshops, panels or symposia.
Completed papers should be journal length (approximately 15 - 40 pages double-spaced). Written materials for all presentations must be submitted by Friday, October 1, 2010.