Hostname: page-component-586b7cd67f-r5fsc Total loading time: 0 Render date: 2024-11-25T16:41:12.818Z Has data issue: false hasContentIssue false

Realism, Law and Aging

Published online by Cambridge University Press:  29 April 2021

Extract

In 1962, the Journal of law and Contemporary Problems devoted its entire winter issue to aging. The remarkable thing about that issue was that it had only one article that dealt with legal questions—and that with tax treatment of the elderly. The remainder of the issue contained articles dealing with the demographic and sociological characteristics of the elderly, currently held views and theories of aging and human development, and some special concerns from other disciplines like geriatric psychiatry.

In less than a generation, old age and the law has evolved into a field of study of consuming interest to legal scholars, practitioners, sociologists, and consumers. The Chicago-Kent Law Library established a special catalog of the law and aging in 1983. By 1987 (the year in which the last entries were made for the collection), the catalog had grown to over 500 pages. Earlier (1982) the Southern Culifornia Law Review published a similar catalog which was updated in 1984 and 1987.

Type
Article
Copyright
Copyright © 1990 American Society of Law, Medicine & Ethics

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

27 J. Law and Contemporary Problems, winter, 1962Google Scholar
Catalog of the Law and Aging Library Collection, Library of Law and Aging, Chicago, Kent Law Library, Chicag, IL, 1983, 1985, 1987Google Scholar
Hasko, J., Holoch, A. and Young, N., “Gerontology and the Law: A Selected Bibliography, 56 S. Cal. L.R. 289 (1982); See Also 58 S. Cal. L.R. 631 (1984) and 60 S. Cal. L.R. 897 (1987) for updates through 1985.Google Scholar
Llewellyn, K.N., The Bramble Bush, Columbia University School of Law, New York City, NY, 1930, p. 132.Google Scholar
See, for example, Achenbaum, A., Old Age in the New Land, The Johns Hopkins University Press, Baltimore, MD, 1978; Fischer, D.H., Growing Old in America, Oxford University Press, New York City, NY, 1977; and, Haber, C., Beyond Sixty-Five, Cambridge University Press, Cambridge, Eng., 1983.Google Scholar
Achenbaum, , Op. Cit, p. 39 and Fischer, Op. Cit., p. 108–108.Google Scholar
Achenbaum, , Op. Cit, p. 167.Google Scholar
Cowgill, D., “The Aging of Populations” in “Political Consequences of Aging”, The Annals, September, 1974.Google Scholar
America's Shame, America's Hope: Twelve Million Youth at Risk, M.D.C., Inc., Chapel Hill, NC, 1988, p. 23.Google Scholar
Sherraden, M., “School Dropouts in Perspective”, prepared for the Business Advisory Committee, Education Commission of the States, 1985.Google Scholar
Schlissel, L., Women's Diaries of Westward Journey, Schocken Books, New York Ciry, NY, 1982.Google Scholar
Schlissel, L., Gibbens, B. and Hampsten, E., “The Malicks in Oregon” in Far From Home, Schocken Books, New York City, NY, p. 8992, 1989.Google Scholar
See, for example, Birmingham, S., Our Crowd, Harper and Row, New York City, NY, 1967; and Birmingham, S., The Grandees, Berkeley Publications, New York City, NY, 1985.Google Scholar
Haber, , Op. Cit, p. 2425.Google Scholar
Cohen, E. and Kruschwitz, A., “Old Age in America Represented in 19th and 20th Century Popular Sheet Music”, 30 The Gerontologist, 345 (1990).CrossRefGoogle Scholar
Sohngen, M. and Smith, R., “Images of Old Age in Poetry”, 18 The Gerontologist, 181 (1978).CrossRefGoogle Scholar
Achenbaum, A., Op. Cit., p. 45.Google Scholar
Op. Cit., supra.Google Scholar
Op. Cit., supra.Google Scholar
Riley, M.W. and Riley, J.W., Preface to “The Quality of Aging: Strategies for Interventions”, The Annals, Vol. 503, May, 1989, p. 1213.Google Scholar
Butler, R., “Ageism: Another Form of Bigotry”, 9 The Gerontologist, 243 (1969).Google Scholar
Butler, R., “Dispelling Ageism: The Cross Cutting Intervention” in “The Quality of Aging: Strategies for Intervention”, The Annals, Vol. 503, p. 140142, May, 1989.Google Scholar
Aging Americans: Trends and Projections, 1987–1988 Edition, prepared by staff of U.S. Senate Special Committee on Aging (No City), p. 154.Google Scholar
Id. p. 156.Google Scholar
Id., p. 178, 179.Google Scholar
Cohen, E., “The Elderly Mystique: Constraints on the Autonomy of the Elderly with Disabilities”, 28 The Gerontologist Supplement, 24, 1988.Google Scholar
Pratt, H.J., “Old Age Associations in National Politics” in “Political Consequences of Aging”, The Annals, Sept. 1974.Google Scholar
Cutler, N. and Bengtson, V., “Age and Political Alienation: Maturation, Generation and Period Effects” in “Political Consequences of Aging”, The Annals, Sept. 1974.Google Scholar
Cohen, E., “Old Age and the Law”, 53 Women Lawyers Journal 96, 103–105 (1967).Google Scholar
See Trattner, W., From Poor Law to Welfare State: A History of Social Welfare in America, The Free Press, New York City, NY, 1974, for the general historical background. For a brief historical survey of public welfare in Colonial America through the 1st half of the 20th century see: Tollen, W.B., “Historical Resume of Public Welfare in the United States”, 40 J. Jewish Communal Service, No. 4 (1964).Google Scholar
Schneider, D. and Deutsche, A., The History of Public Welfare in New York State 1867–1940, University of Chicago Social Service Monographs, University of Chicago Press, Chicago, IL, 1941.Google Scholar
49 Stat. 620, C. 531, Title I et seq. August 14, 1935. 42 USCA 301 et. seq.Google Scholar
49 Stat. 622, C. 531, Title II, Para. 201, August 14, 1935. 42 USCA 401 et. seq.Google Scholar
42 USCA 301.Google Scholar
42 USCA 601, et. seq.Google Scholar
42 USCA 1201, et. seq.Google Scholar
42 USCA 1351, et. seq.Google Scholar
“Elderly Citizens of Our Nation,” Message from the President of the United States, February 21, 1963, House Document #72, 88th Cong. A Compilation of Materials Relevant to the Message of the President of the United States on our Nation's Senior Citizens, (Washington: Government Printing Office, 1963). Presidents Johnson and Nixon also sent messages.. Nothing like Kennedy's, Johnson's, or Nixon's messages have been transmitted by their successors. See Cohen, E., “Presidential Messages on Aging: Historical Analysis and Projection” in Areawide Planning for Independent Living for Older People, Osterbird, C., ed., University of Florida Press, Gainesville, FL (1973)Google Scholar
42 USCA 1395, et. seq.Google Scholar
42 USCA 3001, et. seq.Google Scholar
Spencer, G., U.S. Bur. of the Census, “Projections of the Population of the United States by Age, Sex, and Race: 1983–2080”, Current Population Reports, Series P-25, No, 952 (May, 1984).Google Scholar
Aging America, Op. Cit., p. 1314.Google Scholar
Ibid. p. 16.Google Scholar
Evans, D.E., et al, “Clinically Diagnosed Alzheimer's Disease: An Epidemiological Study in Community Population of Older Persons”, Journal of the American Medical Association, November 10, 1989Google Scholar
Aging America, Op. Cit., p. 118.Google Scholar
Id. p. 22.Google Scholar
Id. p. 21.Google Scholar
Id. p. 22.Google Scholar
Id. p. 28.Google Scholar
Id., p. 30, See also Siegal, J.S. and Taeuber, C., “Demographic Perspectives on the Long-Lived Society”, 115 Daedalus 77, 87–90 (1986).Google Scholar
Aging America, Op. Cit. p. 56.Google Scholar
Id. p. 57.Google Scholar
Id. p. 60.Google Scholar
Id. p. 69.Google Scholar
Millay, Vincent E. St., Collected Sonnets, Washington Square Press, New York City, NY, 1959.Google Scholar