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Medium 9781574412703

16. Points of Law

Jeffrey Burton University of North Texas Press PDF

+ 16 ∂

POINTS OF LAW

by Lewis C. Fort and Elisha V. Long in the preparation of the case against Lay for the murder of

Edward Farr. Leahy and Fort were two of the ablest and most energetic prosecutors in the Territory. Moreover, they and Chief Justice Mills were of one mind: the mysterious prisoner was an outlaw, a pre-convicted train robber, and a salutary example was going to be made of him.1

No chances were to be taken. When rumor reached official ears that friends of the prisoner in El Paso were collecting money to bail him out, recourse was had to another section of the Post Office act of 1872. So, on September 15, Chief Deputy

Marshal J.J. Sheridan presented additional charges of unlawfully detaining and attempting to rob the United States mail. Section 287 of the act might have been designed with a mind to flexibility.2

The purpose of this maneuver was wholly preemptive. Each charge would keep the defendant in custody pending an appearance before the U.S. commissioner, and after each hearing a further bond of $1,000 would be set. These were well-worn procedures, intended to ensure that the prisoner could not legally regain his liberty during the preparation of the substantive charges—in this instance, territorial charges of train robbery and murder.

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Medium 9780253348920

Introduction: Colonial Power and Aesthetic Practice

Sidney Littlefield Kasfir Indiana University Press ePub

Introduction

COLONIAL POWER AND AESTHETIC PRACTICE

A Masai warrior is a fine sight. Those young men have, to the utmost extent, that particular form of intelligence that we call chic:—daring, and wildly fantastical as they seem, they are still unswervingly true to their own nature … and their weapons and finery are as much a part of their being as are a stag’s antlers.

—ISAK DINESEN, Out of Africa (1937)

The South was, for the most part, held in thrall by Fetish worship and the hideous ordeals of witchcraft, human sacrifice and twin murder. The great Ibo race to the East of the Niger… and their cognate tribes had not developed beyond the stage of primitive savagery.

—FREDERICK LUGARD, “Report on the Amalgamation of Northern and Southern Nigeria” (1919/1968)

Where does the new come from in an artist’s practice? In this book, I explore an unexpected source, colonial authority, and trace the ways widely different late-nineteenth- and early-twentieth-century European impressions of Kenya and Nigeria and the subsequent British colonizing policies toward their imperfectly understood subject peoples intervened in and transformed the objects and practices of two groups of African artists. Equally, this book is about the ways those artists—sculptors and smiths—reinvented these objects and created a new artisanal practice. Because the two cultures, Idoma in Nigeria (one of Lugard’s “cognate tribes”) and Maa-speaking Samburu in Kenya, are geographically remote and superficially very different, the common thread of the institution of warriorhood helps weave the comparison. At a more immediate level, this book is also about real people—the warriors, the artists, and the blacksmiths—and how they strategized and made choices to circumvent the authority of colonial rule and to create new forms.

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Medium 9781855753525

Response

Karnac Books ePub

There is so much richness in Jo Klein’s paper that I think my best course is to pick out just some of the gems that I most valued, while also offering some of my own thoughts on her topic.

The ineffable

There is a striking paradox here as we attempt to address the ineffable: that which is “too great to be expressed in words” (New Oxford Dictionary). What we are able to conceive of, as we attempt to address the ineffable, can only be the merest shadow of what it is that lies beyond what we are trying to address. And, in relation to those we meet with, there is the “not I” in each other person that lies beyond anything that we can hope to know, if we seek to know it only through that process of “recognizing ourselves in others” that Searles speaks of.

It is, of course, a fundamental part of trying to tune into another person that we aim to put ourselves empathically into their shoes, in the context of their life story, with their particular experiences and sensitivities, in order to imagine how this person might see life and feel about its many vicissitudes. But, in our clinical work, this trial-identifying with the patient can only take us so far. What is most uniquely true of the other person will always lie beyond our own imagining.

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Medium 9781567264395

CHAPTER 4 EVM Implementation and Verification

Budd, Charles I. Berrett-Koehler Publishers ePub

The process of establishing an approved EVM system begins by making sure a contractor’s accounting system has EVM control account capability and is capable of tracking program/project costs and producing the required EVM metrics. Once the EVM system is in place, DCMA must review the system and issue an “acceptability” report.

Once a contractor’s EVM system is installed and a proposed schedule baseline is established, the PMO schedules an IBR. Provided all goes well with the review, a surveillance plan is created to monitor the EVM system during program execution.

The various federal departments and agencies have slightly different approaches to EVMS implementation, but they all follow the same basic requirements. In October 2006, DAU issued the revised Earned Value Management Implementation Guide (EVMIG), which can be found at http://guidebook.dcma.mil/79/EVMIG.doc. This approximately 100-page guide covers the concepts, guidelines, procedures, and activities for government use of EVM, including implementation and surveillance of systems that comply with DoD guidelines. It contains samples of forms and documents as well as an extensive glossary of terms. The EVMIG has been coordinated by a number of government agencies. The electronic version includes numerous hyperlinks and bookmarks for further reference.

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Medium 9781855758100

SCENE SIX. Beneath the financial crisis

Karnac Books ePub

Burkard Sievers 2

This thing we’re in doesn’t yet have a name. It is variously called, in placeholder shorthand, the global financial meltdown, the financial crisis, the credit crisis, the recession, the great recession, the disaster, the panic, or the bust.

—Paumgarten (2009, p. 42)

What first appeared as a financial crisis limited to US banks soon spread and began to threaten national economies around the world. The collapse of banks, the dramatic increase in unemployment rates, the critical state of the entire automobile industry, the decrease in national GNPs (gross national product) for this and next year, and other factors have forced us to face a world that is no longer what it used to be—or at least the one we experienced during our lifetime. And nobody is able to predict with any certainty how long the economic crisis will last.

The predominant public discourse on the financial crisis and its aftermath appears to be broadly limited to a political and economic one. It thus is focused on finding the appropriate choice of financial and economic means to diffuse the actual and potential damage and thus to encourage banks to offer credit both between themselves and to their customers, to boost production and consumption, and to bail out financial and economic enterprises which threaten to collapse without huge government support.

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Medium 9781567263947

Chapter 2: Planning Issues and the Impact of Contract Type

Solloway, Charles D. Berrett-Koehler Publishers ePub

Much of what is done in the planning phase of an acquisition has a great deal of influence on contract management issues. This chapter focuses on two of the most significant of these planning matters—contractor selection and contract type.

Awarding a contract on the basis of price alone can sometimes mean making an award to a contractor that is marginally qualified to perform the work. That could translate to a need for more intense surveillance during the course of the contract and to any of a number of contract performance problems.

On the other hand, using a best value procurement where trade-offs can be made between price and quality factors increases the potential of making an award to a contractor that has a track record of good performance and that would probably require less intense surveillance.

One way would be to make past performance a significant proposal evaluation factor that is of equal or greater importance when compared to other factors. Similarly, relevant experience could be a significant evaluation factor.

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Medium 9780253008152

6 Treating the Exotic and the Familiar in the African History Classroom \ Ryan Ronnenberg

Edited by Brandon D Lundy and Solomon N Indiana University Press ePub

In 1978, the first edition of Philip Curtin et al.’s African History: From Earliest Times to Independence (1995[1978]:xiii) was published in acknowledgment of African history’s new place within the Western academy and with the aim of presenting this scholarly maturity to undergraduates. Implicit in the authors’ stated purpose for the text was a realization that knowledge of Africa’s past has grown more swiftly than U.S. college and university instructors’ ability to convey this knowledge to undergraduate students. Decades later, this imbalance remains as American university students learn relatively little about Africa and its past before they matriculate into African history classrooms. This chapter represents the efforts to think through the critical problem of conveying a substantial body of historical knowledge in an African history class. This approach to teaching has been developed through experiences accumulated while living, working, and researching in Tanzania.

The students at Kennesaw State University, just north of Atlanta, Georgia, like those in other institutions of higher education throughout the United States, are frequent consumers of information about Africa, often disseminated through various American popular cultural outlets. Journalists reporting the news in Africa do so under significant constraints. American journalists are relatively few, strewn across a vast continent, concentrated in just a few major cities like Nairobi or Johannesburg. Such journalists travel to other parts of the continent primarily during times of crisis. For this reason, perhaps more so than in other parts of the world, news reports about most parts of the African continent are largely negative and superficial, concerning political upheaval or economic decline (Hunter-Gault 2007). This means not only that journalism in times of catastrophe lacks depth, but also that positive reports, for example about the successful planting of nitrogen-fixing trees in maize fields, rarely reach an American audience.

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Medium 9781855754676

2: Destructiveness and play: Klein, Winnicott, Milner

Karnac Books ePub

Michael Podro

Thirty years after The Interpretation of Dreams, literary criticism reabsorbed—reclaimed—Freud's use of poetics in his analysis of wit and the dream work; it reclaimed the sense of conflicting meanings or condensed meanings and their expressive possibilities, pre-eminently in Britain with William Empson's Seven Types of Ambiguity. The core of their shared thought was that the mind, in making and responding to poetry (to keep to poetry for the moment), moved between two psychic functions: that which observed rational stringencies and conventions and, in contrast to it, a regression that loosened those stringencies, allowing the play of ambiguity, disrupting conscious and consistent thought to open the way for new kinds of awareness. One should perhaps still observe that this “regression” had, as in wit and the dream work, its own structuring capacity.

Subsequently, in the mid-century, there had been a bifurcation in psychoanalytic thinking that might be represented by the difference between two notions of disruption and destructiveness. Melanie Klein and those under her influence saw the underlying scenario within mental life as constituted by the fantasies of aggression towards the loved maternal figure and the struggle to escape the remorse that this produced; this re-enacted itself as a conflict between egotistical imperiousness as opposed to a sense of personal limitation and concern for others. In the literary criticism under Klein's aegis, this is taken to be the subject matter or the thematic material of art, even giving to art the rationale of symbolizing the restitution of the damaged internal object by the integration and harmony of the achieved work (Klein, 1929).

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Medium 9781576757659

Universidad de Los Andes

Aspen Institute,, The Berrett-Koehler Publishers PDF

A Closer Look at:

Universidad de Los Andes

School of Management / Bogota, Colombia http://ingles.uniandes.edu.co/ECO/MBA.php

WHAT THE SCHOOL SAYS:

The preparation of MBA students to manage social and environmental issues is integrated in the Universidad de Los Andes

School of Management’s mission, which is to “educate socially responsible people that embrace an international perspective and that are capable of creating, understanding and furthering the advancement of organizations.”

A QUICK LOOK

NOTE: All information is self-reported data submitted to the Center for Business Education

COURSES*

CSR/Business Ethics (1)

Marketing (2)

Operations Management (1)

KEY JOINT DEGREES

MBA & Public Administration

MBA & Engineering and

Environmental Management

ACTIVITIES*

Speakers/Seminars (13)

Orientation Activities (1)

Internship/Consulting (2)

Student Competitions (1)

Career Development (1)

Institutes/Centers (2)

Joint Degrees (2)

NOTABLE FEATURES

CORE COURSES:

Public Responsibilities of Management

This course discusses the context of public interest from a business and citizenship perspective.

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Medium 9781855753525

Response

Karnac Books ePub

“So what she gives God, she gives from earth’s two faces,
the pain, the festival; the tense surprise of sound and metre knitting.
And then is what she gives to us, clear under God’s sky—
The priesthood of her caring”

Rowan Williams, Angharad

Spirituality and pathology

With the elegance and depth that we have come to associate with his widely respected contributions over the years, Ron Britton has spoken on a psychoanalytic understanding of idolatry and fundamentalism. He makes the interesting distinction between the “word worship” of fundamentalism and the “thing worship” of idolatry. Juxtaposing Freud’s notion that ordinarily word presentation and thing presentation are brought together in the pre-conscious, giving them the potential for consciousness, he contrasts this with the situation found in highly pathological states such as schizophrenia, where word representation takes on the equivalence of thing representation. Here, abstractions are treated as things, and concrete things as abstract. He evokes Melanie Klein’s concept of unconscious phantasy, in which internal objects become incorporated either into the ego, which he calls our sense of self, our “core self”, or into the superego, which he describes as a particular location for internal objects with which the self is related. The internal objects that inhabit the ego become our sense of “our hearts and souls”, giving us a shape in the world and protecting us from it. In describing the primitive state of part-object psychic reality, on the other hand, he notes that personifications of single ideas take on the diverse identities that belong to a panoply of mythological figures, such as angry gods, loving gods, jealous gods, or cruel gods. This is, of course, a way of describing what Jungians would identify as archetypal psychic contents, universal themes that we, by virtue of being human, all experience according to our capacities and inclinations.

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Medium 9781628870046

5. SIDE TRIPS FROM MADRID

Patricia Harris FrommerMedia ePub

5

SIDE TRIPS FROM MADRID

Madrid is surrounded by legendary cities whose names echo down the ages in story and song. These were the frontier fortresses in the prolonged battle between the cross and the crescent for the body and soul of Iberia. As you approach these central Spanish cities, imagine that you are leading an invading army. After a long march across a flat plain with no place to hide, you finally reach the outskirts of Toledo, Cuenca, Segovia, Ávila, or Zamora. (Unfortified Salamanca is another story.) You crane your neck to look up at the walled fortress city high on the hill. Its defenders have been watching your approach for days, and their swords are ready. . . . It is the tale of central Spain written over and over—only the names of the invaders and defenders changed.

Whoever seized the plains of La Mancha or the hilltop cities always acted audaciously. Roman engineers channeled water from distant mountains to make Segovia bloom. Centuries later, a string of rulers named Alfonso and Sancho and Fernando plotted power in the name of a Christian god and fortified every high spot, giving the region its enduring name, Castilla, or land of castles. They carried the battle of the Reconquista from castle to castle across the searing center of the Iberian peninsula, mustering the military might, religious fervor, and brilliant scholarship that made them the most powerful rulers in this corner of Europe—and ultimately kings of Spain.

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Medium 9780929398150

1. Hairpins on the trail

Joyce Gibson Roach University of North Texas Press PDF

1

Hairpins on the Trail

owhere are cowboys, both real and imaginary, more noticeable than on cattle drives. From journals and diaries to the silver screen, the drama of stampede, crossing the herd, prairie fire, storm, bandits, Indians, gunplay and death is clearly a man's province. The few women in the fictional treatments are generally at the end of the trail waiting to offer comfort. Some go so far as to say that there were no women on cattle drives, just as there were no women on board sailing ships, period. The thought of women going up the trail with wild animals and rough men offended the sensibilities of polite society, or it might have ifpolite society had known such a state of affairs was going on in a remote part of the continent where even neighbors did not see each other once a year.

Women, of course, did go up the trail. They shattered old standards and left behind evidence that they were there with the first herds. But they weren't called cowgirls.

The mountains of Colorado provided a properly rugged setting for a drive where a new hand took breakfast with the crew and then mounted up to help gather a thousand Longhorns scattered in the canyons and valleys around Long's Peak.

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Medium 9780253008589

Indiana VS. Ohio State, 12-31-11 (74-70)

The Herald-Times Indiana University Press ePub

Indiana Hoosiers forward Cody Zeller (40) shoots over Ohio State Buckeyes forward Jared Sullinger (0) during the Indiana Ohio State men’s basketball game at Assembly Hall in Bloomington, Ind., Saturday, Dec. 31, 2011. Indiana won 74-70.

By Dustin Dopirak

This time there were no students — or at least not enough of a consolidated group of them among the sold-out New Year’s Eve Assembly Hall crowd — to storm the floor, so Indiana coach Tom Crean had most of it to himself.

He rushed to one side of the floor and gestured to the roaring crowd in the East stands by raising his arms up from under him like he was bowling with both hands. He then turned to the West stands and did the same.

The crowd had given him exactly what he’d asked for — an atmosphere that nearly matched the one that was in Assembly Hall on Dec. 10 when the Hoosiers upset then-No. 1 Kentucky, despite the fact that Saturday’s game came during the semester break. His team paid them back with a performance that was on that level and perhaps even more important to the journey for this revived Indiana program.

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Medium 9781782201700

Appendix I: Glen Just's Altered States Timeline

Hobson, J. Allan Karnac Books ePub

Altered states of consciousness have been part of my life since infancy. The following list documents the timelines of these occurrences while dreaming or awake. Note that I recall having lived in twenty different houses by the time I was fifteen years old; and, experienced my twelfth school change when I entered the seventh grade. These frequent changes act as a memory frame of reference. I have provided a minimum of background information with each entry in order to provide context. Personal examples are drawn from Autobiography of a Ghost (2009).

BIRTH: 28 March 1936 July/August, 1937 (16–17 months)

I was hospitalized, had a near death (NDE) and out-of-body experience (OBE). The timeframe is provided by older brother Elwood Just (DOB: 3 April 1930) as being the hottest part of summer. Elwood stated that I went into convulsions, mother submerged me in water, and someone whom he does not recall drove us to the hospital.

1939 (3 years): Start of life-long OBEs and “Spirit Presence”

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Medium 9781523096220

Chapter 6. External Projects

Rad, Parviz F. Berrett-Koehler Publishers ePub

For strategic reasons, organizations sometimes choose to acquire outside resources for a project. This process is called “outsourcing” or “contracting.” The decision to outsource is primarily dependent on the organization’s strategic objectives and is based on factors such as competencies of the prospective internal team and the infrastructure characteristics of the division sponsoring the project. Other contributing factors include market conditions and the organization’s competitive aspirations.

Some organizations opt for external projects to gain immediate access to specialized skills or equipment. Others even use external projects as subtle mechanisms for transforming the culture of the organization. Finally, some organizations argue that external projects are less costly to the organization.

The disadvantage of outsourcing is that the organization will not have the opportunity to improve and enhance its own operational capability and competency. Further, the company might lose direct involvement in, and control over, execution of the project. A very important issue is that an external project might jeopardize the trade secrets and the proprietary details of the organization’s best practices.

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