Brad's passion for nursing home abuse cases stems from a personal tragedy that happened to a member of his family. Brad's goal in his work and for this book is to prevent the same type of tragedy from happening to others.

Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.

The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.

If you wish to advise clients how to qualify for nursing home Medicaid while protecting their assets, this is the definitive book Written by an elder law attorney with over 25 years of experience, this manual is the professional edition version of attorney Heiser's best-selling Medicaid Secrets book. This manual is geared toward attorneys, accountants, and financial advisors seeking up-to-date and accessible information on the Medicaid program rules as well as a complete analysis of available Medicaid asset protection techniques for their clients. Includes a summary of all income and asset rules for both married and single individuals, together with numerous examples and several case studies, which take the planner through the same thought processes that an experienced elder law attorney would go through when analyzing a real-life client's situation. The book includes tips on: how to title the home so the client does not lose it to the state; how to make transfers to family members that won't disqualify the client from Medicaid; how "Medicaid annuities" work to make assets "disappear" for Medicaid eligibility purposes; clever ideas for "spending down" assets; what to change in a client's will to save thousands of dollars if the spouse ever needs nursing home care; avoiding the state's reimbursement claim following the nursing home resident's death; and much more. The 2014 Edition has been expanded, revised, and completely updated to incorporate all changes in the law as of January 31, 2014, and includes two chapters on Veterans' benefits as well as a 39-page Ethics of Elder Law section. Completely annotated with all case citations and statutory references given in over 500 footnotes. Also includes full copies of relevant statutes and a sample filled-out Medicaid application, plus sample clauses for deeds, wills, powers of attorney, etc.

Brad's passion for nursing home abuse cases stems from a personal tragedy that happened to a member of his family. Brad's goal in his work and for this book is to prevent the same type of tragedy from happening to others. This step by step guide provides practical guidance for families with relatives in nursing homes.

A prolific writer and orator as well as legal expert in Iranian civil law, Hassan Sadr offers a fresh perspective of woman's basic rights on social issues. The book, first published as his thesis in 1940 titled as "The Rights of Woman according to Islam and in Europe." The concepts discussed in the book, however, reflect a progressive and harmonious approach towards integration of moral principles and civil laws. Specifically he believes that woman's rights must be embedded in the psychic of society, social custom and habit; in short a way of life. He constructs a healthy and peaceful society on the premise that its foundation is based on recognition and respect for status of woman who is instrumental in delivering quality family members. By fully participating in family leadership she creates a new generation of youth that is properly nourished, nurtured, trained and taught from the time of birth. In effect the mother instills the sense of protection of the rights of woman in her child, as the fundamental premise in safeguarding the woman's basic rights in a civil society. This book presents a series of logical steps towards forming healthy family whose goal is to maintain quality membership. In summary, the women whose rights must be fully protected are also full participants of ensuring the quality of society they help to create.

In 1940, on the eve of the United States entry into World War II, the late Fulton J. Sheen (1895-1979) published FREEDOM UNDER GOD. This new, annotated "Just Third Way Edition" of a neglected classic includes an in-depth foreword, as well as a bibliography and index not included in the original. While FREEDOM UNDER GOD addresses the loss of true freedom throughout the world, Sheen's special concern was freedom of religion. This is under increasing attack today. Individual life as well as marriage and the family are also in grave danger as the State continues to expand its power to fill the vacuum left by the growing powerlessness of ordinary people. Speaking to people of all faiths and philosophies, albeit from a "Catholic" perspective, then-Monsignor Sheen traced the rise of totalitarian State power in the first half of the 20th century to the fact that fewer and fewer people in America and throughout the world owned capital - what Sheen called "creative wealth." As Sheen argued, only widespread private property in capital has the capacity to restore the foundation of true freedom. The world needs the wisdom of Fulton Sheen now more than ever. The republication of FREEDOM UNDER GOD helps introduce the work of this pivotal thinker to a new generation of readers and students.

The case of State of Texas vs. Autumn Hills Nursing Homes, Inc. went to trial in a borrowed San Antonio courtroom 25 years ago. It matched a Texas dream team for the defense including Roy Minton, Tom Sartwelle, Mike Ramsey, and Roy Barrera Sr. against a determined (some would say obsessed) young assistant attorney general, David Marks, and his backup team from the state. The jury heard six months of horrifying testimony about catastrophic medical failure when corporate greed trumps medical care. Death Without Dignity is their story, told by a journalist who was allowed the exceedingly rare experience of being not only in the courtroom, but was allowed by the judge to be in chambers when lawyers wrangled out of earshot of the jury - something that had never been allowed any journalist before or since, according to the lead defense lawyer. The case remains today as the longest and most expensive criminal prosecution in Texas history and Death Without Dignity is now a courtroom classic.

We live in a system explicitly designed to steal from every U.S. citizen every minute of every day Know Stealing dispels preconceived notions about the root causes of our nation's problems, replacing them with essential, clear and precise knowledge capable of driving restoration in our American Republic. Building upon fifteen years of research, this breakthrough expos provides the solutions that will enable us, as ordinary citizens, to reclaim individual Life, Liberty, Property, and Prosperity, all founded a policy of NO stealing. We can no longer afford the lies and deception that are eroding our national economy and our freedoms. Armed with knowledge and the tools necessary to restore our nation, together we can change the course of history. A few words which have been used to describe Know Stealing: Must-Read. Simple To Understand. Scholarly. #1 to Gift. Original Research. Methodically Corrects Dangerous Error. Disperses Complexity. Challenging. Concise and Astute Brilliance. Desperately Needed. Revolutionizes One's Worldview. Transformational.

LEGAL POSITIVISM AND NATURAL LAW Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsen's theory as a reactionary theory and Hobbes' theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be" and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivism's continued influence on American legal thinking and concludes that law is necessary in a democracy as a principle of order. LON L. FULLER 1902-1978] was a professor at Harvard Law School and is remembered for his contributions to the law of contracts. His debate with H.L.A. Hart in the 1958 Harvard Law Review (Vol. 71) is noteworthy because it provided the framework for subsequent debates about legal positivism and natural law.

LEGAL POSITIVISM AND NATURAL LAW Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsen's theory as a reactionary theory and Hobbes' theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be" and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivism's continued influence on American legal thinking and concludes that law is necessary in a democracy as a principle of order. LON L. FULLER 1902-1978] was a professor at Harvard Law School and is remembered for his contributions to the law of contracts. His debate with H.L.A. Hart in the 1958 Harvard Law Review (Vol. 71) is noteworthy because it provided the framework for subsequent debates about legal positivism and natural law.

Why do judges study legal sources which originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives which judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts which are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.

John Crowell Businessman, Tuscaloosa, Al Dr. Steele's book is an amazing perspective on how mediation and law collectively can help parties resolve simple and complex legal disputes. His book using the theory of facts, issues, options & solutions lends mediators the best of legal method to develop their mediation case theory in managing the dynamics of mediation cases that has clogged our judicial court system. Now the American people have a definite alternative to collaborate and resolve their legal case with the assistance of an impartial third party. This book also is excellent for everyday people in resolving common mutual issues that divide people rather than bring unity and community. Facts, Issues, Options & Solutions will have an indelible impact on civil discourse in America. Dr. Brenda Stanton Deener Nurse Practitioner, Memphis, Tenn This is an excellent book written by Dr. Steele. Mediation and is indeed a form of law that even common citizens can come to the table with the assistance of a mediator to facilitate and evaluate both parties facts and issues. The decisions that both of them make they can live with and at the end of the day resolve to an agreement that is worthy of their signatures and is enforceable in a court of law. This book heralds a mediation perspective that pre-mediation and early assessment of the legal issues, communications issues, the financial issues, and the psychosocial issues can collaboratively be resolved into a mediation settlement agreement with the same legal basis of a court trial because it's an agreement between two or more parties who made them with sound mind and body.

English Legal System in Context takes a unique and highly praised analytical approach to the subject of the English Legal System. Frequent examples are incorporated throughout the text, illustrating the link between theory and practice, while the concise and engaging style enables students to have an excellent understanding of the subject as a whole. A wide range of traditional core areas are covered in the text, such as the courts, case law, legal professionals and civil and criminal proceedings. However, the authors also discuss areas such as the role of private policing and the work of non-police agencies, giving students a balanced overview of the subject area. Additionally, the text provides a wealth of references for students who want to gain a deeper understanding of the legal system. With a clear and logical structure, this perceptive and wide ranging text provides a unique introduction to the English Legal System.

The idea of a Restatement is to identify common principles or trends in a particular area of law with the objective of unifying the further development of the law. No other area of law in Nigeria is in need of Restatement as much as Nigeria's customary law. A number of reasons inform this position: (i) the cultural diversity of the country has meant that customary practices differ in so many respects on the same issue; (ii) the oral tradition of the customary system has placed it in the 'endangered species' list; (iii) the paucity of authoritative works on customary law has created a yawning gap for the scholarship in this vital area of law; and (iv) no matter however ignored, customary law continues to play a very significant role in moderating the Nigerian values system in society. Carried out by the Nigerian Institute of Advanced Legal Studies this project brings to an end four years of a massive research undertaking involving desk review; field research covering four geo-political zones in Nigeria; collation and analysis of field research findings; testing of field research findings in a stakeholders consultative conference; further desk review to fill in gaps in the literature; and the core restatement work by a select committee of Reporters.

IN THIS GAME-CHANGING BOOK BY DAVIS NELSON, GEORGIA VA BENEFITS & MEDICAID PLANNING ATTORNEY, YOU'LL DISCOVER: How VA benefits can make it possible to remain at home rather than enter a nursing home Why VA benefits can be better than Medicaid for some veteran households How the VA can help cover assisted living costs How to make VA benefits and Medicaid work together to better your quality of life Why you should apply for your VA assistance as early as possible How children of veterans can use VA benefits to preserve an inheritance while improving their parents' lives Why more than 95% of potentially eligible veterans aren't aware of this benefit

Articles on natural law theory and philosophy of law.

We live in a system explicitly designed to steal from every U.S. citizen every minute of every day Know Stealing dispels preconceived notions about the root causes of our nation's problems, replacing them with essential, clear and precise knowledge capable of driving restoration in our American Republic. Building upon fifteen years of research, this breakthrough expos provides the solutions that will enable us, as ordinary citizens, to reclaim individual Life, Liberty, Property, and Prosperity, all founded a policy of NO stealing. We can no longer afford the lies and deception that are eroding our national economy and our freedoms. Armed with knowledge and the tools necessary to restore our nation, together we can change the course of history. A few words which have been used to describe Know Stealing: Must-Read. Simple To Understand. Scholarly. #1 to Gift. Original Research. Methodically Corrects Dangerous Error. Disperses Complexity. Challenging. Concise and Astute Brilliance. Desperately Needed. Revolutionizes One's Worldview. Transformational.

"Elder Law Estate Planning" is a niche area of law which combines the features of elder law and estate planning that pertain most to the needs of the middle class. In 1991, AARP published a "Consumer Report on Probate" concluding that probate was a process to be avoided. That marked the end of traditional will planning and started the "living trust revolution." Since then, millions of people have set up trusts to: * Save time and money in settling the estate * Avoid legal guardianship if they become disabled * Avoid having their personal and financial matters made public * Reduce the chance of a "will contest" * Keep control in the family and out of the court system By 1990, the field of elder law also emerged to help people navigate the increased complexity of state Medicaid rules and regulations, the soaring costs of nursing home stays, and the fact that people were living considerably longer. Elder law and estate planning continue to grow independently of each other, sometimes to the detriment of clients. Estate planning lawyers are of little value when the estate plan to avoid probate fails to prevent a nursing home stay consuming all of the assets, because the lawyer is unfamiliar with elder law. On the other hand, elder law attorneys often protect assets but overlook basic estate planning issues such as saving taxes and keeping assets in the blood. The practice of Elder Law Estate Planning means: * Getting your assets to your heirs, in the best possible way, with least amount of taxes and legal fees * Keeping those assets in the blood for your grandchildren, and * Protecting your assets from the costs of long-term care and qualifying for government benefits available to pay for care. Middle class clients today need an "elder law estate planning attorney" to address their estate planning needs as well as to help with long-term care, disability and Medicaid issues as they arise.

Our nation and Constitution were based upon natural law which secured our unalienable rights, and what makes them unalienable is that they are God-given, derived from the nature and purpose of man. This is affirmed by the Declaration of Independence: "We hold these truths to be self-evident, that all men ... are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." This established our nation in a natural law tradition charted by hundreds of authors going back several thousand years, but it has been lost to modern man for about the last hundred.

If natural law is the foundation of our legal system, where is it? This book shows that our law was based on the presumption of liberty. Government could pass any law to protect the general welfare of society, but no law could go beyond what was necessary to remedy the perceived harm, tailored for minimal infringement upon personal liberties. Absent harm, there could be no legislation. This protected the rights of individuals and society, and made us a free country. One Court explained:

"The individual should be granted all the rights consistent with public safety secured] by an authorized resort to the courts for their protection against all hostile legislation which is not required by considerations of the public health or safety. In the absence of such considerations those rights are alike immutable; in their presence they must alike yield." State v. Gravett, 62 NE 325 (1901).

We lost our liberties when we lost our resort to the courts. In the 1930s the Supreme Court replaced the presumption of liberty with the presumption of constitutionality, making Congress the judge of the constitutionality of its own laws, beyond review by the courts, thereby removing the requirement of necessity, changing our form of government and destroying our liberty by allowing numerous unnecessary laws to become a pestilence upon society.

We have several remedies. This book enumerates many of our God-given natural rights retained by the people that cannot be infringed by government, that we can use to populate the Ninth Amendment. We can follow natural law by using Religious Free exercise, and 96 Stat. 1211. Finally, we can waive our statutory rights to the protection of government in order to exercise rights prohibited by government "protecting" us, such as the prohibition of raw milk and the curing of disease.

Scholars of natural law agree that laws must not be arbitrary or unreasonable, and they must be based upon "right reason" in accord with mans nature, otherwise they are not laws at all and we have a right and duty to disobey. Learn the art of disobedience, the recommended and lawful remedy to tyranny from our natural law tradition.