313 Chapters
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Medium 9781457109737

Chapter 9 Fish and Wildlife Regulation

General, Conference of Western Attorneys University Press of Colorado ePub

P.389, n.42.      Delete the text of the footnote after the semi-colon in line 2 and add the following:

cf. State v. Cayenne, 195 P.3d 521 (Wash. 2008) (when sentencing a tribal member for an off-reservation crime, the trial court may impose conditions that apply on-reservation as well as off-reservation).

P.405, n.162.      Add the following to line 8 of the footnote before the semi-colon:

; State v. Roy, 761 N.W.2d 883 (Minn. Ct. App. 2009) (state law prohibiting felon from possessing firearms was a generally applicable criminal statute, not a hunting regulation, and could be enforced against member of tribe with hunting rights); State v. Jacobs, 735 N.W.2d 535 (Wis. Ct. App. 2007) (same)

P.409, n.192.      Add the following to the end of the footnote before the period:

, aff’d on other grounds, United States v. Washington, 573 F.3d 701 (9th Cir. 2009)

P.409.            Add the following to the text at the end of the first full paragraph:

The Ninth Circuit subsequently affirmed the district court but on somewhat different grounds, holding that intertribal claims for equitable allocation of fish are analogous to interstate claims for equitable apportionment of fish under the doctrine described in Idaho ex rel. Evans v. Oregon192.1 and that a tribe which seeks an equitable apportionment against another tribe thus must plead and prove by clear and convincing evidence some real and substantial injury or damage.192.2

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Medium 9781902375014

6.1 Introduction

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 6

ISO 9000 for small construction firms

6.1 Introduction

The application of ISO 9000 Quality Management Systems (QMS) seems to be confined presently to the larger construction firms and not their smaller counterparts. However, many of the smaller firms are employed by large construction firms as their subcontractors. It therefore appears that QMS should also be extended to the smaller construction firms if the long-term objective of developing a construction industry which is capable of producing consistently good quality work is to be achieved (Low, 1995). This chapter presents the findings of a survey which examined the reasons why small construction firms are not receptive to ISO 9000. It also suggests measures to overcome some of the hurdles currently faced by small construction firms when developing and implementing quality management systems within their organisations. Total Quality Management within the construction industry can be achieved only when both large and small contractors have implemented quality management systems in their operations.

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Medium 9781626562080

CHAPTER 1 Science and Law

Capra, Fritjof Berrett-Koehler Publishers ePub

In our broad sweep through Western intellectual history, we shall encounter many great scientists and great jurists—on some occasions even embodied in the same person—whose ideas shaped the coevolution of the concepts of the laws of nature and of human laws. To tell this story clearly we first need to unravel some common misconceptions about the similarities and differences between science and jurisprudence.

Both science and law include a theoretical and an applied component. Applied science produces, among other things, technology—the development of specific technical capabilities. Thus science and technology operate in two strongly connected but quite separate domains, and actually technology often takes on a life of its own.

A similar phenomenon occurs in law. A clear distinction exists between legal theory and legal practice.1 On the one hand, legal theory (also known as jurisprudence, or the philosophy of law) is a theoretical inquiry into legal phenomena. Human laws are the subject matter of jurisprudence just as the laws of nature are the subject matter of science. Legal practice, on the other hand, corresponds to technology in many ways. Like technology, it has a life quite autonomous from legal science, and lawyers sometimes distinguish between “law in books” and “law in action.”2

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Medium 9781902375014

5.5 Checklists for other work

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 5

A case study of ISO 9000 in large scale projects

5.1 Introduction

Although quality management systems were introduced more than a decade ago in the construction industries of the developed countries (in the United Kingdom, for example), the implementation of quality management systems in some less developed countries is still a relatively new phenomenon.

While quality management systems are now slowly making their presence felt in the less developed countries, there has been a lack of study of the problems faced by practitioners in implementing quality management systems for building projects during their infancy stage in the industry. This vacuum was, likewise, felt in the more developed countries like the United Kingdom when quality management systems were first introduced to their construction industries. This lacuna at the infancy stage means that the lessons and experiences learnt from implementing quality management systems in one particular building project are not necessarily transferred to benefit other projects. Apart from filling this vacuum, the aims of this chapter are to:

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Medium 9781574413175

Chapter 7: Protecting a Home or Protecting a Killer?

Bill Neal University of North Texas Press PDF

7

CHAPTER

Protecting a Home or Protecting a Killer?

The Conclusion of the 1912

John Beal Sneed Murder Trial

IN SPORTS CONTESTS, there comes a time during most games

when the momentum shifts to one of the teams. At that point it is crucial for the other team to reinvigorate, to shift strategies, to seize the initiative and stop that momentum before the game turns into a rout. So it is with most hotly contested jury trials. That crucial point in the Sneed murder trial came when McLean concluded his direct examination of John Beal Sneed. Beal’s virtuoso performance, enhanced by the tearful accompaniment of his two daughters, had been carefully orchestrated; it hit all the right notes at the right time to captivate the hearts and minds of the rural and unsophisticated jurors imbued with Victorian values. When McLean ended his direct examination and announced, “No further questions,” momentum was clearly with the defense. It was now or never for the prosecution.

It was also precisely at that point that an excellent opportunity was presented to the prosecution to turn the tide by attacking the

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Medium 9780253001924

5 Bull Connor Is Long Dead: Let’s Move On

Edited by Daniel McCool Indiana University Press ePub

Over time, the Voting Rights Act has evolved into one of the most ambitious legislative efforts in the world to define the appropriate balance between the political representation of majorities and minorities in the design of democratic institutions.

RICHARD H. PILDES, PROFESSOR OF
LAW, NEW YORK UNIVERSITY

In January 2009 Barack Obama became the first black leader of the free world, winner of an election in which his race was clearly no barrier, and may well have been an advantage. He won a larger share of the white vote than the previous two nominees of his party, and turnout for African Americans ages eighteen to forty-four was higher than that for whites.1 President Obama’s victory was unmistakably the end of an era and the welcome beginning of a new one. Whatever one thinks of his politics, his stunning success is a historic turning point. Integration was the aim of the civil rights movement in the 1950s and much of the 1960s, and, by the ultimate test, American politics is now integrated. Blacks have been a major force in American politics for decades – and now they have reached its highest peak.

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Medium 9781902375014

7.12 Conclusion

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 7

A system for quantifying construction quality costs

7.1 Introduction

There are three components that make up quality costs: Prevention, Appraisal and Failure costs. The ISO 9000 standard introduces a quality management system that has been widely claimed would reduce the costs of business. One of the ways it does this is through a reduction in quality costs. The ISO 9000 quality management system establishes work procedures that reduce defects. Proper design and implementation of these work procedures lead to reduced wastage as more work would be done right the first time. Ultimately, the costs of operation would decrease. However, no study has been done based on the above premise. Although it has been widely claimed that ISO 9000 would reduce the costs of doing business, no studies have been undertaken within the context of ISO 9000 certified construction firms. Due to this vacuum, this chapter proposes a cost system to capture site quality costs. The aims of this chapter are to:

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Medium 9780856832888

Part 2: Shifting The Paradigm

Polly Higgins Shepheard-Walwyn ePub

ECOCIDE straddles both types of nuisance – public and private. The wording of the definition of ecocide is deliberate. It is designed to incorporate both civil and criminal legislation that will grow out of the definition. Prosecution for the crime of ecocide brings with it civil litigation as well. Restoration of damage, destruction or loss of ecosystems will be a key aspect to be determined in the light of convictions being made. National legislation premised on the ability of a person or group of persons to bring a claim in negligence, against a corporate entity whose directors have been found guilty of ecocide can be determined speedily and at limited cost. In such circumstances instead of the claimant having to prove his case, the conviction of the CEO and/or his directors will take the case straight to the issue of damages and compensation to be payable by the company. Thus, a CEO can be imprisoned for ecocide activities (and restoration of damage ordered as part of the sentencing requirements), plus the inhabitants of the territory could take individual or class action against the company for compensation.

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Medium 9781574411676

14 “Dying by littles”

Gary M. Lavergne University of North Texas Press PDF

chapter fourteen

“Dying by littles”

“The [capital murder] statute fairly well covered the field, but it doesn’t cover this.

. . . As far as I am concerned it ought to be.”

—Norman Kinne

Assistant District Attorney, Dallas County

I

N

ot long after Abdelkrim Belachheb shot and nearly killed

John McNeill, McNeill met with Norman Kinne as the latter prepared for trial. McNeill fully expected that one day he was going to be able to witness Belachheb’s execution. Kinne had the task of telling McNeill that the crime Belachheb had committed amounted to six counts of murder—not capital murder, meaning no death penalty and certainly no execution. John became angry and the best Kinne could do was assure him that the law was going to be changed.1

“Charlie [Belachheb] got the maximum penalty under the law, which is not enough,” Kinne told the press immediately after trial.

“He should have gotten the death penalty.”2

There was even some question as to whether Judge Meier had the right to “stack” Belachheb’s life sentences. In 1984, any sentence could be stacked, except for some instances of theft. Shortly after she sentenced Belachheb, Frank Jackson called Judge Meier at home and said he didn’t think she could make the sentences

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Medium 9780253001924

6 The Voting Rights Act in South Dakota: One Litigator’s Perspective on Reauthorization

Edited by Daniel McCool Indiana University Press ePub

South Dakota received relatively little attention in the debates over reauthorization of the Voting Rights Act. The state is hardly mentioned in the legislative history of the 2006 reauthorization. It got not a word in the Supreme Court’s opinion upholding that reauthorization.1 Few people, including many voting-rights advocates, are even aware that the state was affected by the reauthorization. South Dakota is not one of the seven states originally covered by the special provisions of the Voting Rights Act,2 but it is a prime example of the need for continued – and expanded – coverage.

In the seven years preceding Congress’s decision to reauthorize the special provisions for another twenty-five years, Native American3 voters brought eight voting rights cases challenging virtually every level of government in the state.4 Together, those cases and the volumes of evidence they generated offer a compelling demonstration of the present-day impact of the Voting Rights Act and the continuing need for close federal oversight of state election processes. The cases also suggest that Congress may not have gone far enough to protect minority voters from the kinds of invidious voting discrimination that they face today.

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Medium 9780253017314

Rubber Stamp or Robust Tribunal? The Foreign Intelligence Surveillance Court

David P Fidler Indiana University Press ePub

Rubber Stamp or Robust Tribunal?
The Foreign Intelligence Surveillance Court

Controversies stirred up by the leaks of the telephone metadata and Section 702 programs included debates about the Foreign Intelligence Surveillance Court, a court unknown to most people and opaque even to those who study U.S. national security law. Congress established the FISC and the Foreign Intelligence Surveillance Court of Review in 1978 when it enacted FISA, but this secret court did not draw much attention until after 9/11. The FISCR heard its first appeal of a FISC decision in 2002 and published redacted, unclassified versions of decisions in 2002 and 2008. In the wake of Snowden’s disclosures about the telephone metadata and Section 702 programs, critics called the FISC a “rubber stamp”—a charge amplified by citing the FISC’s approval of almost every FISA application it reviewed. As seen in Robert Litt’s speech (Document 3), supporters argued that the FISC is a serious court that provides robust oversight. The U.S. government released the next document in September 2013 to counter the “rubber stamp” accusation. In this 2009 decision, the FISC suspends the NSA’s access to telephone metadata because the U.S. government violated FISC orders and made misrepresentations to the FISC. The U.S. government also declassified a 2011 decision (not included here) in which the FISC criticized the NSA for misrepresenting aspects of “upstream” surveillance conducted under Section 702 and held that NSA’s targeting and minimization procedures for such surveillance did not comply with the Fourth Amendment. The seriousness of the FISC’s analyses and decisions in these cases did not fit the “rubber stamp” critique. Critics, however, emphasized the NSA’s violations and misrepresentations as evidence that the FISC process needed major reform.

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Medium 9781574411522

13 General and Law Libraries

Jorge Antonio Renaud University of North Texas Press PDF

Chapter thirteen

general and law libraries

A

ll TDCJ units provide inmates access to both a general library and to a legal library. However, access to the general library is considered a privilege that can be revoked for disciplinary infractions. On the other hand, every inmate in TDCJ—whether in solitary confinement, in the lowest levels of administrative segregation, or in transit—will be able to either visit the legal, or law, library or have legal materials brought to him. The courts have held that TDCJ cannot deny any meaningful access to the courts, and the system, in my opinion, has done a decent job of fulfilling that mandate.

While access to the legal libraries is pretty uniform throughout the system, there is a wide gap between what access is allowed by the different units to their general libraries. The libraries are attached to the unit educational departments and are usually supervised by librarians with free-world training and staffed by TDCJ officers with a few convict clerks to perform the checking in and out of books, updating card catalogues, etc. Access to the library itself is dictated by security. As security on the different units is dictated by the attitude of the wardens and higher-ranking officers, one unit may be more accommodating of inmates who desire to use the library, while others may consider it an unnecessary

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Medium 9781902375014

8.1 Introduction

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 8

Total Quality Management

8.1 Introduction

While quality management systems will help to promote good quality construction, it should be realised that the building industry is, however, frequently characterised by diverse professionals as well as a heavy dependence on foreign labour in some countries. This diversity and reliance can lead to cultural, social as well as professional stratification. Hence, to achieve quality construction, there is a need for all parties involved in the building process to cultivate a teamwork mindset. Unfortunately, such a mindset appears to be still lacking in today’s construction industry. It follows from such a situation that a more rational management approach for the construction process needs to be identified. The existing system of project implementation frequently leads to conflicts among the parties involved in the building process, hence rendering the system devoid of effective communication and teamwork. As construction projects become more varied and complex in nature, a fresh management paradigm seems imperative. In this context, a shift from the profession based scenario to a project-oriented team based scenario may be envisaged. The various disciplines should function within such a team culture, guided by policies, procedures and systems whilst focusing on the objectives and benefits identified for the project from the outset.

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Medium 9781574411522

Appendix H Administrative Offices and Unit Profiles

Jorge Antonio Renaud University of North Texas Press PDF

Appendix H

Administrative Offices and Unit Profiles

Administrative Offices:

Offender Grievances

901 Normal Park, Suit 101A

Huntsville, TX 77342

(936) 293-4065

Offender Mail System

P.O. Box 99

Huntsville, TX 77342

(936) 294-6908

Risk Management (Safety)

P.O. Box 99

Huntsville, TX 77342

(936) 437-2500

Institutional Division (Ad/seg, Disc.)

P.O. Box 99

Huntsville, TX 77342

(936) 294-2169

Pest Control

One Circle Drive

Sugarland, TX 77478

(281) 490-1152

Sex Offender Treatment Program

P.O. Box 38

Huntsville, TX 77344

(936) 295-6331 ext. 241

Chaplaincy

2503 Lake Rd., Suite 19

Huntsville, TX 77340

(936) 437-5050

Laundry & Food Services

P.O. Box 99

Huntsville, TX 77342

(936) 437-5150

Health Services

3009 Highway 30 West

Huntsville, TX 77340

(936) 437-3570

Substance Abuse Treatment

1600 Financial Plaza, Suite 370

Huntsville, TX 77340

(936) 437-2850

Inner Change (Religious Program)

P.O. Box 99

Huntsville, TX 77342

(936) 294-2183

Classification & Records (good time, status)

P.O. Box 99

Huntsville, TX 77342

(936) 294-6231

Preventive Medicine (HIV/Hepatitis C)

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Medium 9781626562080

CHAPTER 4 The Great Transformation and the Legacy of Modernity

Capra, Fritjof Berrett-Koehler Publishers ePub

The brilliant success of Newtonian mechanics and the great prestige of Descartes’s mechanistic worldview led to the gradual emergence of a rational, scientific frame of mind that eventually spread from science, through law, and into the new discipline of economics. This view embodied a critique of the communal life of most individuals—both the urban dwellers, with their guilds and corporations, and the peasants, who lived in village communities. Once bound by duties toward one another, their communities, and their shared environment, people now were defined by their individual property rights. Today, the legacy of the move toward modernity includes an unexamined faith in the concept of individual human rights and in a mechanistic, top-down rule of law, which opened the way for plunder and colonialism and a conception of corporations as “legal persons,” themselves the building blocks of an atomized system.

The 1701 Act of Settlement in England gave birth to the modern idea of the rule of law while also excluding the commons and the political forces that represented them. The Act also illustrated a conflict between medieval and modern conceptions of law and order. Capitalism, aimed at manufacturing, had its origins in privatization, colonization, and plunder. English history shows a systematic attempt to plunder resources in faraway countries, a process that began with the Crusades even before the enclosure movement originated at home. In other words, the taking (to use Locke’s term) has always had both a local and a colonial component.1

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