Elder Law Studies eJournal最新文献

{"title":"How Sensitive are Subjective Retirement Expectations to Increases in the Statutory Retirement Age? The German Case","authors":"M. Coppola, Christina B. Wilke","doi":"10.2139/ssrn.1701630","DOIUrl":"https://doi.org/10.2139/ssrn.1701630","url":null,"abstract":"Population Aging poses an evident threat to the fi nancial sustainability of pension systems based on a \"pay-as-you-go\" (PAYG) scheme. To cope with this threat, pension systems have undergone numerous reforms in many countries in order to keep people longer at work. One crucial element of these reforms typic ally is an increase in the statutory retirement age at which workers are legally allowed to retire. Two questions still remain unanswered: Will people really work longer? Who is more likely to retire before the new legal retirement age? In this paper, we focus on subjective retirement ex pectations, analysing if and to what extent they are affected by such a policy change. We consi der the legislative reform introduced in Germany in 2007, which gradually will increase the statutory retirement age (SRA) from 65 to 67 years. Using the SAVE survey, a representativ e panel of German households, we estimate the increase of the individuals' expected retirement age (ERA) as an effect of the reform. Our results show that less productive workers livin g in relatively wealthier households are more likely to plan an early retirement. The introd uction of the reform seems to motivate better educated workers to remain longer in the lab our force although it does not seem to completely succeed in keeping women longer in the labour force: especially among the younger cohorts, whose SRA will be 67 years, women are still more likely than men to plan an early retirement. In terms of the magnitude of t he effect, we find that the reform shifted the expectations of the younger cohorts by almost two y ears - if these expectations will be realized, this reform would have been quite success ful.","PeriodicalId":183243,"journal":{"name":"Elder Law Studies eJournal","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114614958","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Elder Law in Practice: The Case for Specialization and Focus On Substantive Law Areas in Clinical Programs","authors":"Donna S. Harkness","doi":"10.2139/SSRN.1622292","DOIUrl":"https://doi.org/10.2139/SSRN.1622292","url":null,"abstract":"As clinical legal education has developed and matured, a growing body of scholarship has been devoted to discussing the ways in which virtually any clinical setting can further a law student’s understanding of and ability to master the essential lawyering skills identified by the MacCrate Report. Treacherous as it is to attempt to generalize among the myriad trends in clinical education, there appears to be a dichotomy in approach and structure that does exist, depending on whether a clinical program adopts the assumption that clinics provide skills training or whether clinics are conceived as professional practice models. Although every client’s case is specific and involves some particular substantive area of the law, if approached from the standpoint of the skills model, any case or issue (or even no case but a hypothetical) and any substantive area of the law will do to transmit to law students the essential lawyering skills that are needed for practice. Vladimir’s speech quoted above suggests that it will make no difference to the person in need whether his cries are answered by a doctor, a lawyer or a professional golfer, because we are all human, and all capable of responding to each other’s needs. But in point of fact, if the injured person is the victim of an auto accident, he will probably be much better served, at least with respect to his immediate needs, by the doctor. A careful reading of the speech shows that Vladimir concedes this when he states that others may be “better.” However, our individual weaknesses are not to be used by us as an excuse for inaction when we are placed in a situation where action is called for and we are the only ones available to respond. Even if the professional golfer cannot personally provide treatment to the injured victim, he can call 911 and stay with her until help arrives. By analogy, most law students are so desperately lacking with respect to knowledge of the actual practice of law that any experience provided will be beneficial. Thus, one need not dispute the importance of skills training nor denigrate or derogate those programs that operate along a general practice model by accepting a variety of cases without insisting on specialization. One would rather argue for recognition that such general practice clinics are in fact professional practice models of a sort that may be in dwindling supply in the legal profession, much as general practitioners in medicine were a dying breed before third party managed care payors reinvigorated the notion of the “primary care” generalist physician. There is clearly a place for such lawyering, even within the increasing complexity and specialization of the legal profession. The purpose of this paper is simply to challenge the notion that clinics are a fungible commodity, that one size fits all and that if a law student has enrolled in one clinic, the student has experienced all there is to experience of professional practice and all that clinical education has","PeriodicalId":183243,"journal":{"name":"Elder Law Studies eJournal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131662224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The System of Long-Term Care in Poland","authors":"S. Golinowska","doi":"10.2139/ssrn.1710644","DOIUrl":"https://doi.org/10.2139/ssrn.1710644","url":null,"abstract":"In the field of social protection, Poland belongs to the EU group of countries with the familybased welfare model, what is extremely visible for the long-term care where family is the main care provider for elderly individuals with limitations in activities of daily living. At the same time the proportion of elderly in the coming decades is projected to be among the highest in the European Union, what raises questions on the design of the long-term care. For the moment the system is highly unregulated and disintegrated between social assistance and health care services. But it is the health sector that concentrates policy debate with a proposal of an introduction of nursing insurance. In the social sector, the significant changes that were favorable to LTC services development were introduced by the law on the social assistance (2004) and family benefits (2003) widening the scope of care available at home and in adult day care centers. But still provision of services is insufficient and a market of private services, paid out-of-pocket rapidly develops. It seems that main problems of the long-term care development in the future will be raising demand against insufficient resources and diversified priorities of the health care system.","PeriodicalId":183243,"journal":{"name":"Elder Law Studies eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115927311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"China's Marriage Market and Upcoming Challenges for Elderly Men","authors":"M. Das Gupta, A. Ebenstein, E. Sharygin","doi":"10.1596/1813-9450-5351","DOIUrl":"https://doi.org/10.1596/1813-9450-5351","url":null,"abstract":"Fertility decline has fueled a sharp increase in the proportion of 'missing girls' in China, so an increasing share of males will fail to marry, and will face old age without the support normally provided by wives and children. This paper shows that historically, China has had nearly-universal marriage for women and a very competitive market for men. Lower-educated men experience higher rates of bachelorhood while women favor men with better prospects, migrating if needed from poorer to wealthier areas. The authors examine the anticipated effects of this combination of bride shortage and hypergamy, for different regions of China. Their projections indicate that unmarried males will likely be concentrated in poorer provinces with low fiscal ability to provide social protection to their citizens. Such geographic concentration of unmarried males could be socially disruptive, and the paper’s findings suggest a need to expand the coverage of social protection programs financed substantially by the central government.","PeriodicalId":183243,"journal":{"name":"Elder Law Studies eJournal","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124200260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Care/Work: Law Reform to Support Family Caregivers to Balance Paid Work and Unpaid Caregiving: A Study Paper Prepared by the British Columbia Law Institute & Canadian Centre for Elder Law","authors":"Canadian Centre for Elder Law","doi":"10.2139/ssrn.1655022","DOIUrl":"https://doi.org/10.2139/ssrn.1655022","url":null,"abstract":"This study paper reviews the current legal framework in British Columbia governing leave, accommodation, and other entitlements available to employees who are providing care for family members, elderly parents, and grandparents and disabled adult children, addressing the care needs of adults living with mental-health issues, physical and developmental disabilities, and long-term illnesses, as well as the corresponding challenge of their caregivers to balance work and domestic responsibilities. The study paper provides an inter-jurisdictional analysis of family care leave provisions, including human rights law, labour law, employment law, constitutional law, taxation law, and pensions and benefits entitlements. The study paper concludes by considering directions for law reform.","PeriodicalId":183243,"journal":{"name":"Elder Law Studies eJournal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127232949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Housing Policy for the Elderly: A Policy to Build Barrier-Free Rental Housing","authors":"Keiko Nosse Hirono","doi":"10.1111/j.1468-0106.2009.00473.x","DOIUrl":"https://doi.org/10.1111/j.1468-0106.2009.00473.x","url":null,"abstract":"There is a strong need for barrier-free rental housing because of the rapidly aging population in Japan, where the share of barrier-free rental housing is only 18.24% of total rental housing. We propose a policy to solve the problems associated with supplying barrier-free rental housing. Our scheme involves a method of funding rental housing with a securities investor, as well as implementing property management and introducing rent subsidies. The plan entails funds being collected to construct barrier-free rental housing. The housing will generate positive rental profits, which will, in turn, lead to the increase in the supply of barrier-free rental housing. According to our plan, the low-income elderly will also have access to barrier-free rental housing.","PeriodicalId":183243,"journal":{"name":"Elder Law Studies eJournal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125829841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Honoring Expectations About Taxes: Are Roth IRAs Different?","authors":"C. Crane","doi":"10.2139/SSRN.1505120","DOIUrl":"https://doi.org/10.2139/SSRN.1505120","url":null,"abstract":"Beginning in January 2010, taxpayers may convert balances in traditional IRAs into tax prepaid Roth IRAs. Those who decide to do so will be relying on current law that allows the payment of a tax now to replace any future income tax on the earnings within the Roth IRA and on withdrawals therefrom. In this paper, I explore whether these taxpayers should be afforded any exception from the generally accepted idea that changes in tax laws that affect pre-existing investments raise no special concerns. I conclude that although the Roth IRA holder, especially of the Roth IRA holder who has converted a traditional IRA into a Roth IRA through the prepayment of income taxes on the account, is qualitatively different from most investors facing tax changes, this difference gives rise only to political, and not constitutional, concerns. I further conclude that the current Congress would be wise to remove the ability of current IRA holders to convert their accounts into Roth IRAs, and thus to minimize the political challenge future Congresses will face given the expectations of the holders of such accounts.","PeriodicalId":183243,"journal":{"name":"Elder Law Studies eJournal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114220231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Employment Retention and Re-Entry Among Older Women: Do Health and Caring Roles Matter?","authors":"S. Austen, R. Ong","doi":"10.2139/ssrn.1487331","DOIUrl":"https://doi.org/10.2139/ssrn.1487331","url":null,"abstract":"This paper analyses the probabilities of employment retention and re-entry by older workers, focusing on older women whose representation in the workforce is growing as the population ages but whose employment outcomes have been under-researched compared to older men. We find that older women are less likely than older men to retain employment or re-enter employment. Our regression results show that if health worsens or care hours increase, an older woman’s chance of retaining employment falls. However, improvements in health and/or reductions in care roles do not increase the chances of an unwaged woman returning to work.","PeriodicalId":183243,"journal":{"name":"Elder Law Studies eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122332681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Social Security of Person with Aids: Framework and Application and Non-Application of the Right A Case Study","authors":"Ivy Batisanan Baban","doi":"10.2139/SSRN.1632745","DOIUrl":"https://doi.org/10.2139/SSRN.1632745","url":null,"abstract":"The need to protect everyone, not merely against grinding poverty, but also in the enjoyment of a reasonable standard of life, has gradually established itself as one of the supreme values of the modern states (Lloyd 1987). The state has a notion to protect its people. The state therefore must see to it that its people enjoy their rights and no right has been violated. To protect them from the adverse effect of life like poverty, the state established the right to social security. Human rights that protect and uphold the social security of individuals around the globe have been an issue of who gets more of the allocation of services and benefits provided and managed by the state versus the common view that everyone got to taste the acknowledged right to social security. However bias, the baseline of social security scheme in the present times therein lies on who deserves or non-deserving against the set guidelines considering the scarce resources each state has and the volume of the contribution its citizens give.The evolving problem that sifts awaiting benefits to each individual is the emergence of contribution from the gainfully employed and self-employed and the non-contribution, or the incapacity to contribute, of the unemployed and the vulnerable strata of the society that includes primarily the elderly and the disabled. Given the fact that globalization is widespread, \"mounting acceptance throughout the world of human rights puts pressure on all countries to re-cast development policies and eliminate poverty.\" (Townsend 2007) Otherwise, the overall protection of each right, as stipulated in variant covenants and in international law, cannot reach its full realization and application.","PeriodicalId":183243,"journal":{"name":"Elder Law Studies eJournal","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121185976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Provision for Old Age - National and International Survey Data to Support Research and Policy on Aging","authors":"Hendrik Jürges","doi":"10.2139/ssrn.1452663","DOIUrl":"https://doi.org/10.2139/ssrn.1452663","url":null,"abstract":"This report reviews recent trends in the collection of multidisciplinary and longitudinal data in the area of aging research, both in Germany and internationally. It also discusses important developments such as linkage with administrative records, the inclusion of health measurements and biomarkers, and the inclusion of populations in institutions, particularly nursing homes.","PeriodicalId":183243,"journal":{"name":"Elder Law Studies eJournal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127524762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}