14 research outputs found
A Geoforensic Analysis of State-Owned Waterbottoms in South Louisiana: Gauging the Geographical Impacts of Louisiana Court Decisions. (Volumes I and II).
The extent of State-owned waterbottoms in south Louisiana was examined through an analysis of Louisiana State court decisions. This analysis included court cases dating from 1812, the year of statehood, until 1992. Sample court cases were divided into groups representing some of the major issues involved in waterbottoms disputes for both coastal and inland areas. The nature of waterborne commerce was examined with an emphasis on identifying the types and sizes of watercraft used in commerce. The identification of waterborne commerce is important because the State owns the bottoms of all naturally formed navigable waterbodies, and navigability is determined by the potential of a waterbody to float commercial watercraft. Particular emphasis was placed on identifying commercial watercraft used in the logging and fishing industries. From the court cases examined it appears that the State is gaining ownership of waterbottoms along the coast through both accretion and subsidence/erosion. These gains are small, however, because actual ownership transfers are limited to those waterbottoms dispute areas that have actually been settled in court. Implied State ownership has been expanding inland through coastal erosion and subsidence. This implied ownership is evident through the jurisdictional actions of the Department of Wildlife and Fisheries and other State agencies having legal authority over State waterbottoms. On inland lakes, the State has maintained ownership of both accreted and eroded areas, while on inland streams the State is losing title to the riparian landowners in cases of extensive accretion. Frequently the ownership issue on inland streams has been tied to proving navigability. Louisiana courts have been inconsistent in the standards applied for making navigability determinations. One of the most important unsettled issues is the determination of State ownership of coastal waterbodies that are affected by the ebb and flow of tides. The cases examined do not provide a clear distinction between seashore, arms of the sea, and coastal waterbodies influenced by the tides. The research findings indicate that local or domestic commerce is being conducted by watercraft that are much smaller than the recognized commercial watercraft cited in many important court decisions
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Coercion: point, perception, process
Background: The use of coercion in the treatment of persons with serious mental illness is a long debated strategy to gain adherence to treatment for persons believed to be cognitively impaired by their illness. This article examines the psychometric properties of a scale developed to measure perception of coercion. Using a psychometrically sound scale found to be both reliable and valid in a specific sample of men and women from New York State, we found no difference in perception of coercion between those court-ordered to remain in treatment following hospital discharge and those persons receiving outpatient treatment without a court order.
Methods: Therefore, to understand why, given the objective difference in the use of coercion, there was no difference in the subjective perception of coercion, we conducted 20 open-ended interviews with 11 persons without court orders and 9 persons with court orders.
Results: We found that where a collaborative relationship was established between the case manager, assigned to the patient with the court order to coordinate post-hospitalization treatment services, and the patient, it was much less likely that the patient perceived him/herself as coerced or forced to take treatment. Conversely, persons without advocates felt themselves to be coerced into treatment when there was no court order to insure treatment adherence.
Conclusion: Since perception of coercion significantly influences adherence to treatment, it is vital to identify strategies to reduce perceived coercion for all who receive treatment for serious mental illness
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AOT and treatment engagement: evidence from interviews with consumers
Background: The mental health service consumer's perspective on engagement with treatment focuses is the focus of a one year follow-up study of recipients receiving AOT orders (76) and outpatient recipients without AOT orders (108) participating in a study (n = 184) in two boroughs of New York City. Methods: These data complement information regularly collected by the New York State Office of Mental Health. Results: AOT recipients report improved relationships with their case managers and greater insight into their illness over time. Recipients also report an increased participation in services, a decrease in some forms of perceived stigma and coercion, and improved quality of life over time. The individual's relationship with the case manager in more actively engaging the individual in making choices about his own treatment importantly influences persons court ordered into treatment to remain in treatment. Specifically the case manager makes the recipient aware of treatment options that are available and support efforts to take advantage of housing and recovery opportunities. In this way the case manager assists the recipient in gaining more control over his life and may facilitate an improved quality of life. Conclusion: This study provides a unique examination of outpatient commitment from the recipient's perspective