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Journal of Comparative and International Aging Law & Policy JOURNAL OF COMPARATIVE AND INTERNATIONAL AGING LAW & POLICY VOLUME 11 SPRING 2020 CONTENTS Picking Up the Tab for Mom and Dad: The Clash of Filial Laws with Liberty, Morality, and Culture Daniel H. Brown 1 Economic and Other Issues of Spouses Separating Later in Life in Canada John-Paul Boyd, Q.C. 27 Age is Just a Number; Not a Reason to Force Retirement Ciara C. Willis 67 Is There a Panacea for Ageism? An International Law Perspective Jiawen Liu, Alex Ross & Loïc Garçon 105 Elder Rights Are Not Nesting Dolls: An Argument for an International Elder Rights Convention Julie Childs 141 JOURNAL OF COMPARATIVE AND INTERNATIONAL AGING LAW & POLICY VOLUME 11 SPRING 2020 Faculty Advisors REBECCA C. MORGAN JASON PALMER Administrative Editor JESSICA M. ZOOK Student Editor-in-Chief ROBERT MCDONALD Managing Editors SARAH E. JACOBI VICTORIA LANDON Senior Editors KELLY A. JACKSON NICHOLAS MARLER MEGAN MARX ANGEL MATHIAS MELISSA MICCERI Research Editor KIMBERLI QUINTERO Associate Editors KEIFER EXUM JENNA KYLE PHILIP LAYTON EMERAUDE LEREBOURS ANTHONY ORLANDO CONNOR SMEDBERG ii STETSON UNIVERSITY COLLEGE OF LAW Faculty and Deans MICHÈLE ALEXANDRE, Dean and Professor of Law KRISTEN DAVID ADAMS, B.A., J.D., LL.M., Professor of Law, and Director of Dispute Resolution Board THOMAS E. ALLISON, B.S., M.B.A., J.D., LL.M., Professor of Law Emeritus LINDA ANDERSON, A.B., J.D., Professor of Law ANDREW APPLEBY, B.S., M.B.A., J.D., LL.M., Assistant Professor of Law ROBERT BATEY, B.A., J.D., LL.M., Professor of Law Emeritus MARK D. BAUER, B.A., J.D., Professor of Law DOROTHEA BEANE, B.A., J.D., Professor of Law and Co-Director, Institute on Caribbean Law and Policy JASON BENT, B.A., J.D., Associate Dean for Academic Affairs, and Professor of Law ROBERT D. BICKEL, B.A., J.D., Professor of Law Emeritus PAUL J. BOUDREAUX, B.A., J.D., LL.M., Professor of Law BROOKE J. BOWMAN, B.S., J.D., Professor of Law and Director, Moot Court Board CATHERINE J. CAMERON, B.S., M.A., J.D., Professor of Law CHRISTINE E. CERNIGLIA, B.A., J.D., Assistant Professor of Law, and Director of Clinical and Experimental Education JOHN F. COOPER, B.A., J.D., LL.M., Professor of Law Emeritus LEE A. COPPOCK, B.A., J.D., Visiting Professor of Law KIRSTEN K. DAVIS, B.A., J.D., Professor of Law, and Director of the Institute for the Advancement of Legal Communication WILLIAM R. ELEAZER, B.A., J.D., LL.M., Distinguished Professor of Law Emeritus KELLY M. FEELEY, B.S., J.D., Professor of Law MICHAEL S. FINCH, B.A., J.D., S.J.D., Professor of Law PETER L. FITZGERALD, B.A., J.D., LL.M., Professor of Law Emeritus ROBERTA KEMP FLOWERS, B.A., J.D., Professor of Law, and Interim Director, Center for Excellence in Advocacy JAMES W. FOX JR., B.A., J.D., Professor of Law CLARK W. FURLOW, B.A., J.D., Professor of Law Emeritus ROYAL C. GARDNER, A.B., J.D., Professor of Law and Director, Institute for Biodiversity Law and Policy RAFAEL GUZMAN, B.A., J.D., Distinguished Professional Lecturer CYNTHIA G. HAWKINS, B.A., J.D., Professor of Law BRUCE R. JACOB, B.A., J.D., LL.M., S.J.D., LL.M., LL.D., Dean Emeritus and Professor of Law MARCO J. JIMENEZ, B.A., B.S., J.D., Professor of Law TIMOTHY S. KAYE, LL.B., PH.D., Professor of Law PETER F. LAKE, A.B., J.D., Professor of Law, Charles A. Dana Chair and Director, Center for Excellence in Higher Education Law and Policy JEROME C. LATIMER, B.A., J.D., Professor of Law Emeritus LANCE N. LONG, B.A., J.D., Professor of Law, and Coordinator of Legal Research and Writing THOMAS C. MARKS, JR., B.S., LL.B., PH.D., Professor of Law Emeritus JANICE K. MCCLENDON, B.A., J.D., LL.M., Professor of Law Emeritus LIZABETH A. MOODY, A.B., J.D., Dean Emeritus; Distinguished University Professor REBECCA C. MORGAN, B.S., J.D., Professor of Law, Boston Asset Management Faculty Chair in Elder Law, Interim Director, Center for Excellence in Elder Law, Interim Director, LL.M. in Elder Law and MJ in Aging, Law & Policy, and Director, MJ in Health Care Compliance JOSEPH F. MORRISSEY, A.B., J.D., Professor of Law ANNE MULLINS, A.B., J.D., Professor of Law LUZ E. ORTIZ NAGLE, LL.D., LL.M., M.A., J.D., Professor of Law JASON PALMER, B.A., J.D., Professor of Law, and Leroy Highbaugh Sr. Research Chair ANN M. PICCARD, B.A., J.D., LL.M., Wm. Reece Smith Jr. Distinguished Professor of Law ELLEN S. PODGOR, B.S., J.D., M.B.A., LL.M., Gary R. Trombley Family White Collar Crime Research Professor THERESA J. PULLEY RADWAN, B.A., J.D., Transitional Business Administrator and Professor of Law SUSAN D. ROZELLE, B.A., J.D., Professor of Law JUDITH A.M. SCULLY, B.A., J.D., Professor of Law JAMES A. SHEEHAN, B.A., J.D., Distinguished Practitioner in Residence STACEY-RAE SIMCOX, B.S.C., B.A., J.D., Professor of Law, Director, Veterans Law Institute and Director, Veterans Advocacy Clinic BRADFORD STONE, B.A., J.D., Charles A. Dana Professor of Law Emeritus MICHAEL I. SWYGERT, B.A., J.D., LL.M., Professor of Law Emeritus RUTH F. THURMAN, B.A., J.D., LL.M., Professor of Law Emeritus CIARA TORRES-SPELLISCY, Professor of Law STEPHANIE A. VAUGHAN, B.A., J.D., Professor of Law iii LOUIS J. VIRELLI, B.S.E., M.S.E., J.D., Professor of Law DARRYL C. WILSON, B.B.A., B.F.A., J.D., LL.M., Associate Dean for Faculty and Strategic Initiatives, Attorneys’ Title Insurance Fund Professor of Law and Co-Director, Institute on Caribbean Law and Policy J. LAMAR WOODARD, B.A., J.D., M.S.L.S., Professor of Law Emeritus CANDACE ZIERDT, J.D., LL.M., Professor of Law Law Librarians ROY BALLESTE, B.A., J.D., M.L.I.S., LL.M., J.S.D., Law Library Director ASHLEY KRENELKA CHASE, B.A., J.D., M.L.I.S., Associate Director REBECCA FRANK, B.A., J.D., M.L.I.S., Weekend Reference Librarian KRISTEN MOORE, B.A., J.D., M.L.I.S., Reference Librarian WANITA SCROGGS, B.A., J.D., M.L.I.S., Foreign and International Reference Librarian SALLY G. WATERS, B.A., J.D., M.L.I.S., Reference Librarian; Adjunct Professor iv STETSON UNIVERSITY COLLEGE OF LAW Board of Overseers Officers RHEA F. LAW, CHAIR GREGORY W. COLEMAN, VICE CHAIR JENAY E. IURATO, SECRETARY ACTIVE MEMBERS HON. TANGELA HOPKINS BARRIE MICHAEL E. MARDER S. SAMMY CACCIATORE HON. SIMONE MARSTILLER MICHAEL P. CONNELLY BERNARD J. MCCABE, JR. ROBERT E. DOYLE, JR. TIMOTHY P. MCFADDEN GRACE E. DUNLAP JAMES M. PAPANTONIO WIL H. FLORIN HON. PEGGY A. QUINCE LEO J. GOVONI ROBERT G. RIEGEL, JR. TRACY RAFFLES GUNN ARTURO R. RIOS MARK E. HARANZO SCOTT STEVENSON RICHARD A. HARRISON MATTHEW A. TOWERY BENJAMIN H. HILL JASON L. TURNER CHARLES S. LIBERIS, JR. AARON WATSON JOSHUA MAGIDSON ROGER W. YOERGES EMERITUS MEMBERS WILLIAM F. BLEWS MARSHA G. RYDBERG ADELAINE G. FEW CHRISTIAN D. SEARCY, SR. BONNIE B. FOREMAN LESLIE REICIN STEIN THOMAS D. GRAVES HON. RAPHAEL STEINHARDT MICHAEL C. MAHER GARY R. TROMBLEY R. MICHAEL MCCAIN ROBERT G. WELLON EX-OFFICIO MEMBERS MICHÈLE ALEXANDRE DR. CHRISTOPHER F. ROELLKE KEVIN IURATO HONORARY MEMBERS HON. SUSAN C. BUCKLEW RICHARD MCKAY HON. CAROL W. HUNSTEIN JAMES C. SMITH HON. ELIZABETH A. KOVACHEVICH v © 2020 Stetson University College of Law. Except as otherwise expressly provided, the Journal of Comparative and International Aging Law & Policy permit any individual or organization to photocopy any article, comment, note, or other piece in this publication, provided that: (1) copies are distributed at or below cost; (2) the author and journal are identified; (3) proper notice of copyright is affixed to each copy; and (4) all other applicable laws and regulations are followed. The Journal of Comparative and International Aging Law & Policy reserves all other rights. Although the Journal focuses on the publication of solicited manuscripts, the Journal also welcomes the submission of unsolicited articles for publication consideration on topics of international aging, law and policy. Authors seeking publication in the Journal of Comparative and International Aging Law & Policy should submit manuscripts with endnotes typed in a separate section from the text. All text and endnotes should be double- spaced. Endnotes should follow the most recent version of the ALWD Citation Manual: A Professional System of Citation, published by Aspen Publishers. The Journal will conform all manuscripts selected for publication to The Redbook: A Manual on Legal Style, published by West. Submissions should be sent to the address listed above. The Journal assumes no responsibility for the return of manuscripts. Although the Journal of Comparative and International Aging Law & Policy generally grants great deference to an author’s work, the Journal retains the right to determine the final published form of every article. As a matter of policy, the Journal encourages the use of gender- and race-neutral language. The views expressed in published material are those of the authors and do not necessarily reflect the policies or opinions of the Journal of Comparative and International Aging Law & Policy, its editors and staff, or Stetson University College of Law. Disclaimer: This is an international journal comprised of submissions from different States and the reader may notice differences in citations, grammar, and spelling. This is not due to an oversight of the publication, but is instead a recognition of the varying styles used by the authors.
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