Marshall B. Kapp

Florida State University - College of Law and College of Medicine

Director, Florida State University Center for Innovative Collaboration in Medicine & Law

425 W. Jefferson Street

Tallahassee, FL 32306

United States

SCHOLARLY PAPERS

41

DOWNLOADS
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Top 16,632

in Total Papers Downloads

2,206

CITATIONS

1

Scholarly Papers (41)

1.

Legal Issues Arising in the Process of Determining Decisional Capacity in Older Persons

Care Management Journals: Journal of Long-Term Health Care, Forthcoming, FSU College of Law, Public Law Research Paper No. 429
Number of pages: 20 Posted: 11 Mar 2010
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 145 (146,063)

Abstract:

2.

Geriatric Depression: Do Older Persons Have a Right to Be Unhappy?

Elder Law Review, Vol. 1, 2002
Number of pages: 6 Posted: 28 May 2002
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 126 (173,257)

Abstract:

3.

Ethical and Legal Issues in Research Involving Human Subjects: Do You Want a Piece of Me?

Journal of Clinical Pathology, Vol. 59, pp. 335-339, 2006
Number of pages: 6 Posted: 22 Dec 2006
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 119 (178,680)
Citation 1

Abstract:

medical research, informed consent, confidentiality, ethics

4.

A Legal Approach to the Use of Human Biological Materials for Research Purposes

FSU College of Law, Public Law Research Paper No. 579
Number of pages: 17 Posted: 18 Mar 2012
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 109 (193,998)

Abstract:

5.

Health Care Technology, Health Care Rationing, and Older Americans: Enough Already?

Journal of Long Term Home Health Care, Forthcoming, FSU College of Law, Public Law Research Paper No. 423
Number of pages: 14 Posted: 02 Mar 2010
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 91 (203,187)

Abstract:

Rationing, Ethics, Health Care, Health Technology

6.

Older Clients with Questionable Legal Competence: Elder Law Practitioners and Treating Physicians

FSU College of Law, Public Law Research Paper No. 456
Number of pages: 19 Posted: 24 Aug 2010
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 90 (217,624)

Abstract:

7.

For Love, Legacy, or Pay: Legal and Pecuniary Aspects of Family Caregiving

FSU College of Law, Public Law Research Paper No. 604
Number of pages: 12 Posted: 26 Sep 2012
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 88 (219,147)

Abstract:

8.

Legal Issues in Aging Families

HANDBOOK OF FAMILIES AND AGING, 2nd Edition, Chapter 13, Rosemary Blieszner, Victoria H. Bedford, eds., ABC-CLIO Publisher, 2011, FSU College of Law, Public Law Research Paper No. 422
Number of pages: 34 Posted: 02 Mar 2010
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 88 (219,147)

Abstract:

9.

Health Reform and the Affordable Care Act: Not Really Trusting the Consumer

42 Stetson Law Review, No. 1 , FSU College of Law, Public Law Research Paper No. 613
Number of pages: 37 Posted: 21 Nov 2012
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 87 (193,998)

Abstract:

10.

If We Can Force People to Purchase Health Insurance, Then Let’s Force Them to Be Treated Too

American Journal of Law and Medicine, Vol. 38, p. 397, 2012, FSU College of Law, Public Law Research Paper No. 572
Number of pages: 13 Posted: 13 Feb 2012 Last Revised: 01 May 2012
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 76 (238,717)

Abstract:

11.

The PPACA Versus Defined Contribution Approaches to Health Care Financing: A Clash of Visions About the Aged

FSU College of Law, Public Law Research Paper No. 499
Number of pages: 14 Posted: 28 Apr 2011
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 70 (257,696)

Abstract:

Health care financing, Health reform, Medicare, Public policy, Ethics

12.

Medical Decision-Making for Incapacitated Elders: A ‘Therapeutic Interests’ Standard

International Journal of Law & Psychiatry, Forthcoming, FSU College of Law, Public Law Research Paper No. 446
Number of pages: 31 Posted: 20 May 2010
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 67 (261,746)

Abstract:

13.

The Nursing Home as Part of the POLST Paradigm

36 Hamline Law Review, Symposium Edition 2013 Forthcoming, FSU College of Law, Public Law Research Paper No. 609
Number of pages: 42 Posted: 06 Oct 2012
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 64 (257,696)

Abstract:

14.

Legal Issues in Critical Care

FSU College of Law, Public Law Research Paper No. 696
Number of pages: 28 Posted: 09 Aug 2014
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 62 (225,362)

Abstract:

15.

Teaching Medical Students How to Reconcile Law and Ethics in Practice: A Faculty Development Model

Annals of Health Law, Symposium Issue, 2011, FSU College of Law, Public Law Research Paper No. 514
Number of pages: 8 Posted: 11 Aug 2011
Marshall B. Kapp, Dennis Baker and Gregory Turner
Florida State University - College of Law and College of Medicine, Florida State University - College of Medicine and Florida State University - College of Medicine
Downloads 57 (286,271)

Abstract:

16.

Looking at Age Discrimination Law through a Global Lens

Generations -- Journal of the American Society on Aging, p. 70, Vol. 37, No. 1 (Spring 2013), FSU College of Law, Public Law Research Paper No. 632
Number of pages: 6 Posted: 07 Apr 2013
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 56 (247,921)

Abstract:

17.

Getting Physicians and Patients to Choose Wisely: Does the Law Help or Hurt?

46 University of Toledo Law Review (Forthcoming 2015), FSU College of Law, Public Law Research Paper No. 716
Number of pages: 27 Posted: 10 Dec 2014
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 55 (251,779)

Abstract:

18.

Making Patient Safety and a 'Homelike' Environment Compatible: A Challenge for Long Term Care Regulations

Widener Law Review, Vol. 12, No. 1, 2005
Number of pages: 21 Posted: 30 May 2008
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 52 (286,271)

Abstract:

safety, long term care, nursing homes, regulation

19.

The Hundred-Plus-Year War between Physicians and Attorneys: Peace on Our Time?

Annals of Health Law, 2010, FSU College of Law, Public Law Research Paper No. 424
Number of pages: 9 Posted: 03 Mar 2010
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 51 (301,200)

Abstract:

20.

Ninny Clients of the Nanny State? Selective Paternalism in Public Benefit Programs for Older Americans

Georgetown Journal of Law & Public Policy, Vol. 6, No. 1, 2008
Number of pages: 28 Posted: 31 May 2008
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 47 (306,483)

Abstract:

aging, elderly, healthcare, Medicare, retirement, Social Security

21.

A Collaborative Center in Medicine and Law: Lessons from a Disruptive Innovation

Indiana Health Law Review, Vol. 9, No. 2, 2012, FSU College of Law, Public Law Research Paper No. 578
Number of pages: 23 Posted: 18 Mar 2012
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 34 (345,156)

Abstract:

22.

Older Persons and Compromised Decisional Capacity: The Role of Public Policy in Defining and Developing Core Professional Competencies

26 Journal of Aging and Social Policy (2014) (published by Taylor and Francis Publisher), FSU College of Law, Public Law Research Paper No. 681
Number of pages: 20 Posted: 17 Apr 2014
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 33 (323,459)

Abstract:

Professional competencies, Professional education, Decisional capacity, Physician-attorney collaboration

23.

Long-Term Care and the Law

FSU College of Law, Public Law Research Paper No. 697
Number of pages: 25 Posted: 09 Aug 2014
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 30 (314,808)

Abstract:

24.

Home and Community-Based Long Term Services and Supports: Health Reform's Most Enduring Legacy?

8 Saint Louis University Journal of Health Law & Policy, 2014, Forthcoming, FSU College of Law, Public Law Research Paper No. 699
Number of pages: 43 Posted: 16 Aug 2014
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 29 (341,949)

Abstract:

25.

The Role of Private Responsibility in Closing the Gap between Knowledge and Practice in Long-Term Care

Marquette Elder's Advisor, Vol. 10, No. 1, 2008
Number of pages: 16 Posted: 07 Mar 2009
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 29 (373,747)

Abstract:

long-term care, nursing homes, home care, policy

26.

Evaluating Decision Making Capacity in Older Individuals: Does the Law Give a Clue?

4 Laws -- MDPI Open Access 164 (2015), FSU College of Law, Public Law Research Paper No. 753
Number of pages: 9 Posted: 24 May 2015
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 20 (381,876)

Abstract:

27.

Legal Aspects of Oncology Care for Dying Patients

FSU College of Law, Public Law Research Paper No. 756
Number of pages: 33 Posted: 24 Jun 2015
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 15 (404,697)

Abstract:

28.

The Physician's Responsibility Concerning Firearms and Older Patients

25 Kansas Journal of Law & Pubic Policy, Forthcoming, FSU College of Law, Public Law Research Paper No. 755
Number of pages: 34 Posted: 11 Jun 2015
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 13 (296,002)

Abstract:

29.

Speculating About the Impact of Healthcare Industry Consolidation on Long-Term Services and Supports

25 Annals of Health Law, 2016 (Symposium Issue), FSU College of Law, Public Law Research Paper No. 769
Number of pages: 39 Posted: 27 Sep 2015
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 2 (329,437)

Abstract:

30.

You'll Be Comfortable after Surgery: The Ethical Imperative of Better Pre-Operative Pain Management for Osteoarthritis

Rutgers Journal of Bioethics, (2016-2017 Forthcoming), FSU College of Law, Public Law Research Paper No. 822
Number of pages: 7 Posted: 19 Nov 2016
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 0 (450,104)

Abstract:

31.

Distinctive Factors Affecting the Legal Context of End-of-Life Medical Care for Older Persons

33 Georgia State University Law Review __ Forthcoming, FSU College of Law, Public Law Research Paper No. 819
Number of pages: 34 Posted: 25 Oct 2016
Marshall B. Kapp
Florida State University - College of Law and College of Medicine
Downloads 0 (409,589)

Abstract:

32.

The Liability Environment for Physicians Providing Nursing Home Medical Care: Does it Make a Difference for Residents?

Elder Law Journal, Vol. 16, No. 2, 2009
Posted: 05 Feb 2009
Marshall B. Kapp
Florida State University - College of Law and College of Medicine

Abstract:

nursing homes, medical malpractice, liability, long-term care

33.

Medicaid Planning, Estate Recovery, and Alternatives for Long-Term Care Financing: Identifying the Ethical Issues

Care Management Journal, Vol. 7, No. 2, pp. 73-78, 2006
Posted: 22 Dec 2006
Marshall B. Kapp
Florida State University - College of Law and College of Medicine

Abstract:

Medicaid, Long term care, Ethics

34.

Regulating the Foregoing of Artificial Nutrition and Hydration: First, Do Some Harm

Journal of the American Geriatrics Society, Vol. 50, Pp. 586-588, 2002
Posted: 11 Jun 2002
Marshall B. Kapp
Florida State University - College of Law and College of Medicine

Abstract:

35.

Public Health Law: Power, Duty, Restraint

Journal of Legal Medicine, Vol. 22, pp. 581-588, 2001
Posted: 25 Apr 2002
Marshall B. Kapp
Florida State University - College of Law and College of Medicine

Abstract:

36.

Book Review of 'Public Health Law: Power, Duty, Restraint' by Lawrence O. Gostin

Journal of Legal Medicine, Vol. 22, No. 4, P. 581, October 1, 2001
Posted: 02 Apr 2002
Marshall B. Kapp
Florida State University - College of Law and College of Medicine

Abstract:

37.

Regulating Research for the Decisionally Impaired: Implications for Mental Health Professionals

Journal of Clinical Geropsychology, Vol. 8, Pp. 35-51, 2002
Posted: 02 Apr 2002
Marshall B. Kapp
Florida State University - College of Law and College of Medicine

Abstract:

38.

Physicians' Legal Duties Regarding the Use of Genetic Tests to Predict and Diagnose Alzheimer Disease

Journal of Legal Medicine, Vol. 21, Pp. 445-475, December 2000
Posted: 16 Nov 2000
Marshall B. Kapp
Florida State University - College of Law and College of Medicine

Abstract:

39.

Quality of Care and Quality of Life in Nursing Facilities: What?s Regulation Got to Do With It?

McGeorge Law Review, Vol. 31, Spring 2000
Posted: 03 Apr 2000
Marshall B. Kapp
Florida State University - College of Law and College of Medicine

Abstract:

40.

A Place Like That: Advance Directives and Nursing Home Admissions

Psychology, Public Policy and Law, Vol. 4, Pp. 805-828, September 1998
Posted: 03 Apr 2000
Marshall B. Kapp
Florida State University - College of Law and College of Medicine

Abstract:

41.

Health Care in the Marketplace: Implications for Decisionally Impaired Consumers and Their Surrogates and Advocates

Southern Illinois University Law Journal, Vol. 24, Pp. 1-51, Fall 1999
Posted: 03 Apr 2000
Marshall B. Kapp
Florida State University - College of Law and College of Medicine

Abstract: