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Medium 9780870819506

2. Early Water Use and Development

P. Andrew Jones University Press of Colorado ePub

Chapter 1 provided a summary of Colorado’s physical resources—the canvas on which the human drama of water law unfolds. From the earliest times, Colorado residents have depended on the region’s capricious streams to develop cultures, customs, and laws that facilitate humankind’s interaction with the environment and provide a vehicle for the distribution of Colorado’s scarce water resources. This chapter traces humankind’s interaction with Colorado’s water resources from 10,000 B.C. to the present. It examines the lives and cultures of the state’s earliest residents and how they interacted with their natural environment. It traces the broad historical outlines of early European settlement, statehood, and the development of water usage during these formative periods. Finally, it examines selected current situations that highlight the evolving nature of humankind’s interaction with Colorado’s landscape. It is a historical tour of the Colorado landscape, laying the foundation for specific lessons in water law in later chapters.

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Medium 9781605099866

Chapter 2 The Red Flags

Tom Devine Berrett-Koehler Publishers ePub

The previous warnings notwithstanding, if you are going to challenge the company that employs you, you must understand how large organizations operate. In particular, you should know how corporate bureaucracies function to target troublemakers and neutralize dissent.

Corporate hierarchies employ intimidation and fear to convince their workers that the power of the organization is stronger than the power of the individual—even individuals who have truth on their side. Often, making an example out of one troublemaker is sufficient to keep the majority silent. The following section illustrates tactics your employer may use to shoot the messenger of bad news.

None of these techniques of retaliation is unique or new. More than three decades ago, the classic institutional response to whistleblowers was captured on tape in the instructions of President Richard Nixon to top aides H. R. Haldeman and John Ehrlichman. After learning that Pentagon cost-control expert Ernie Fitzgerald had blown the whistle on $2.3 billion in accounting irregularities in the construction contract of military cargo planes, Nixon said simply, Fire that son of a bitch.1

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Medium 9781902375014

2.11 Case studies

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 2

Behavioural influence of ISO 9000

2.1 Introduction

The ISO 9000 standard is a quality management system which involves every employee within an organisation, both directly and indirectly. As a management system, it requires discipline within an organisation to ensure that procedures are followed closely by all employees. Unless everyone contributes with the right attitude, the system will not function properly. While documentation is the key to implementation, top management’s commitment, the generous provision of resources and a positive attitude towards ISO 9000 are important attributes which underpin quality management systems. Quality management systems do not function effectively without the support of senior management.

In reality, however, things are not always smooth going. It is human nature to resist change, even for the better. Apart from employees’ reluctance to follow a set of rigid procedures, they may also perceive it as pointless to document procedures for activities which they have been doing every day for many years. The failure of management in securing co-operation and co-ordination adds to difficulties in implementing quality systems. Furthermore, organisation politics is another reality which should not be ignored for managing quality systems effectively. While the technical requirements of ISO 9000 are important, studies have suggested that other non-technical, irrational and socio-political factors may have an equally adverse influence on quality management systems (Seymour and Low, 1990; Low, 1989, 1993).

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Medium 9781449334512

27. Lab VI-3 Perforation and Tear Analysis

Robert Bruce Thompson Maker Media, Inc ePub

Youll need the following items to complete this lab session. (The standard kit for this book, available from http://www.thehomescientist.com, includes the items listed in the first group.)

Goggles

Slides, flat

Gloves

Camera with microscope adapter (optional)

Microscope

Specimens, tape dispensers (see text)

None of the activities in this lab session present any real hazard. It is still good practice to wear goggles and gloves to prevent contaminating specimens.

Many products are packaged in rolls. Some rollspaper towels, toilet paper, some plastic bags, and so onare perforated to deliver portions of fixed length. Other rollswaxed paper, plastic wrap, aluminum foil, packaging tape, and so oninclude a tear bar to allow cutting portions of any arbitrary length. In either case, microscopic analysis of the perforations and tear patterns as well as the material on either side of the cut may allow a match to be established between two adjacent portions of the material.

In some cases, only a class match can be obtained. For example, if cellophane tape is used to seal a letter bomb, subsequent examination of a tape dispenser found in the possession of a suspect may establish only that the suspect tape specimen was torn from a dispenser that was similar or identical to the dispenser found in the possession of the suspect. Although that may be useful information in itself, it remains class evidence because one roll of cellophane tape is difficult or impossible to discriminate from another similar roll, and similar tape dispensers are manufactured in large numbers.

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Medium 9781605099866

Tool H: Model Whistleblower Hotline Policy

Tom Devine Berrett-Koehler Publishers ePub

Since the 2002 passage of the Sarbanes-Oxley Act for corporate accountability, all corporations that are publicly traded in the United States must have whistleblower hotlines to the audit committee for each board of directors. This requirement has institutionalized a common practice for decades at government agencies and companies. It has also created a dynamic, growing cottage industry in the United States for what traditionally was a scattered phenomenon with widely varying standards of quality.

Historically, there has been little credible evidence that hotlines are an effective vehicle through which whistleblowers could challenge corruption or other abuses of power sustained by secrecy. This model policy is drawn from the accumulated best practices of the past seven years since SOX reform created a growth market.

Individuals are invited to make disclosures of information that evidence illegality, gross waste, mismanagement, abuse of authority, substantial and specific danger to public health or safety, and any other action that could create significant liability or other risks to the health of the corporation.

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Medium 9781574411676

15 Ad Seg

Gary M. Lavergne University of North Texas Press PDF

chapter fifteen1

Ad Seg

“It is a place that robs a person of humanity. The depression of the place hits you in the face. It is the most miserable place that you can imagine. If you want to punish someone, put them in there and forget about them.”

—Dr. Keith Price

Warden, William Clements Unit,

Texas Department of Criminal Justice

I

T

he final “victim” of Abdelkrim Belachheb’s murders was Ianni’s

Restaurant and Club. In some ways the establishment once typified the American Dream. Joe Ianni came to the United States from Italy as a toddler, was processed through Ellis Island, and by the age of eight was in Dallas. He and his wife Totsy worked hard all their lives to build a business, earn an honest living, and leave the results of that hard work to their daughter. In less than three or four minutes, Belachheb took two generations of hard work away from a family of good and decent people.

Like many other infamous crime scenes, Ianni’s Restaurant and

Club attracted a wide range of gawkers, from the merely curious to the disturbingly weird. The task of asking some of the stranger patrons to leave fell to the bartenders, like Richard Jones, or even

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Medium 9780596517960

13. Reverse Engineering

Van Lindberg O'Reilly Media ePub

One of the themes of this book is the growing strength of intellectual property protections like fortresses on the intellectual landscape. Like medieval castles, many different types of protection can be placed around a particular piece of intellectual turf. There are patent walls, copyright towers, and trade secret battlements that can only be accessed through licensing gates.

When medieval armies attacked, they had two ways to overcome castle defenses: by siege and by assault. During a siege, attackers would try to wait out the defenders of the castle, letting time do the work of removing the castle defenses. An assault, on the other hand, would attack the castle protections head-on to defeat them.

Both of these tactics are applicable to modern intellectual property defenses. Some sorts of protection, notably patent protection, can just be waited out. For example, the entire generic drugs industry exists because the patent protections around certain drugs have expired.

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Medium 9780870819506

8. Exempt Wells

P. Andrew Jones University Press of Colorado ePub

The fourth category of water in Colorado is groundwater withdrawn from Exempt Wells. Exempt Wells are a kind of “wild card” in Colorado groundwater law because they are allowed in Tributary, Non-Tributary, Not Non-Tributary, and Designated Groundwater aquifers alike and are not subject to the rules of administration governing any of those categories. Once granted, these wells are not subject to any administration other than monitoring by the state to ensure that withdrawals and uses are consistent with the terms of the permit. Individually, these wells withdraw small amounts of water, but they have been granted in large enough numbers—approximately 165,000 statewide—that their impacts are significant in both hydrologic and economic terms.1 Exempt Wells are similar to Non-Tributary and Not Non-Tributary Groundwater and Designated Groundwater in the sense that they are all exceptions to Colorado’s general rule that all wells are to be considered tributary to the state’s natural streams and administered pursuant to the terms of the priority system.

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Medium 9781457109737

Chapter 4 Criminal Law

General, Conference of Western Attorneys University Press of Colorado ePub

P.143, n.8.      Add the following to line 1 of the footnote after “ see also ”:

United States v. Fiander, 547 F.3d 1036 (9th Cir. 2008) (tribal member can be prosecuted for Racketeer Influenced and Corrupt Organization Act violation for conspiring to violate Contraband Cigarette Trafficking Act even though he cannot be convicted of violating the CCTA itself);

Add the following to the tenth-to-last line of the footnote after the semi-colon:

cf. United States v. Newell, 578 F. Supp. 2d 207 (D. Me. 2008) (Maine Indian Claims Settlement Act did not remove federal criminal jurisdiction over prosecution for conspiracy to defraud the United States);

P.144, n.13.      Add the following to the end of the footnote:

See generally Virginia Davis & Kevin Washburn, Sex Offender Registration in Indian Country, 6 Ohio St. J. Crim.L. 3 (2008) (urging Congress to revisit the Sex Offender Registration and Notification Act so that it can be tailored to the unique problems of Indian reservations and allow each tribe to develop the system that works best for that particular tribe); Brian P. Dimmer, How Tribe and State Cooperative Agreements Can Save the Adam Walsh Act from Encroaching Upon Tribal Sovereignty, 92 Marq. L. Rev. 385 (2008) (suggesting a compact process similar to the process used by the Indian Gaming Regulatory Act and limit the possibility that the delegation to state authority under the Adam Walsh Act will infringe on tribal sovereignty); cf. Amber Halldin, Restoring the Victim and the Community: A Look at the Tribal Response to Sexual Violence Committed by Non-Indians in Indian Country Through Non-Criminal Approaches, 84 N.D. L. Rev. 1, 14 (2008) (arguing that tribes should resist simply replicating state laws in their tribal codes with respect to sexual violence-related offenses; instead, “[t]ribal governments must also implement new tactics in order to solve the severe problem of sexual violence against Native American women” including use of traditional values, restorative justice and civil protection orders).

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Medium 9781574411829

3. Intensive Supervision Programs

Gail Caputo University of North Texas Press PDF

CHAPTER 3

Intensive Supervision Programs

BACKGROUND

Intensive Supervision Programs, the most popular intermediate sanctions in the United States, provide for closer monitoring and surveillance of offenders than is possible with regular probation and parole. An intensive supervision program (ISP) is a more enhanced and restrictive form of probation or parole intended to protect the public.

Probation departments experimented with intensive forms of probation as early as the 1950s. These early programs emphasized low caseloads to afford probation officers better control of offenders under supervision. In the late 1970s there were as many as 46 ISPs. These programs were used for offenders on probation and provided for smaller caseloads and increased officer-offender contacts (Byrne, Lurigio, &

Baird, 1989).

It was not until the mid-1980s, however, that intensive supervision programs emerged in their present forms. Like other intermediate sanctions, intensive supervision programs were created to reduce reliance on prisons and to fill the gap between traditional probation and incarceration by serving as tougher punishments with stricter controls over offenders than traditional probation could provide. The impetus behind this new generation of programs was to alleviate crowding in prisons, to more effectively supervise higher-risk offenders on probation, to save money, and to control crime (See Petersilia, 1999; Haas & Latessa,

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Medium 9781574411676

6 A Position for Tragedy

Gary M. Lavergne University of North Texas Press PDF

chapter six

A Position for Tragedy

“I don’t like him. He stares at me.”

—Linda Lowe

I

L

inda Lowe was not one to sit home alone with her two cats.

She very much enjoyed patrolling the Dallas nightclub scene to listen to musicians. On different occasions she had been a member of several “all-girl” musical groups. On Tuesday, June 26, 1984, she called her brother Wade and told him that later in the week she was going to a place called Ianni’s to listen to a band. Wade later related that she was looking for talented musicians to form a new group.1 She was an outgoing person who clearly liked being around others, so she may have grown tired of playing the piano by herself.

Linda was planning to surprise Wade for his upcoming birthday by picking him up in a limo and taking him out for a nice dinner. Those who knew Linda would not have been surprised by her “very generous” and considerate nature, her mother later said.

Linda even sent her brother a Father’s Day card. The bartenders at the nightclubs, who came to know her as a person and a performer, all gushed about how “sweet and nice” she was.2 No one, it seems, had anything negative to say about her—except Abdelkrim

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Medium 9780856832888

Part 1: Where The World Is Currently Heading

Polly Higgins Shepheard-Walwyn ePub

Ecocide is the extensive damage to, destruction of or loss of ecosystem(s) of a given territory, whether by human agency or by other causes, to such an extent that peaceful enjoyment by the inhabitants of that territory has been severely diminished.

AT certain points in history the world changes gear. We abolished slavery, apartheid was outlawed and we criminalised genocide. Each time humanity reached a tipping point; no longer could we justify using blacks as slaves, destroy lives and allow others to determine the outcome of a man’s life. We get to a stage that we turn and face the truth, even when it is not a sight we wish to see, we give it a name and we say, ‘no more’.

We are now at another point of acceleration; we are poised to move the gear stick up to the next level. We have our foot on the pedal and we are ready to go. But wait. To go to the next level we need new rules. Number one rule is set out below, others are contained within this book. Collectively they make for a safe journey into the unknown. Treat this book as your guide to take with you on your journey, to equip you with the language and the route map to the new world.

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Medium 9781449334512

9. Lab II-2 Study the Morphology of Human Scalp Hair

Robert Bruce Thompson Maker Media, Inc ePub

Youll need the following items to complete this lab session. (The standard kit for this book, available from http://www.thehomescientist.com, includes the items listed in the first group.)

Goggles

Coverslips

Forceps

Glycerol

Magnifier

Pipettes

Ruler

Slides, flat

Gloves

Microscope (40X, 100X, and 400X)

Ocular micrometer/reticle (optional)

Specimens: human scalp hair (see text)

Although none of the activities in this lab session present any significant risks, as a matter of good practice, you should always wear splash goggles, gloves, and protective clothing when working in the lab, if only to avoid contaminating specimens. Obviously, you may need to work without goggles when using a microscope or magnifier to examine specimens.

Historically, hair has been considered class evidence because a hair specimen could not be identified with certainty as having originated from a particular person. A forensic scientist who studied the morphology (shape, form, and structure) of a hair specimen could testify as to the gross physical characteristics of the hair (color, degree of curl, etc.), its internal and external structural characteristics, the likely somatic region from which the hair originated (scalp, beard, pubic, axillary, etc.), andat least for scalp hair and often for pubic hairthe probable race of the person from whom the hair originated. But all of those are class characteristics rather than individual characteristics, so the most the forensic scientist can state based on morphological examination is that a hair specimen is consistent with or similar in all respects to another specimen.

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Medium 9781449334512

21. Lab IV-4 Revealing Latent Fingerprints Using Superglue Fuming

Robert Bruce Thompson Maker Media, Inc ePub

Youll need the following items to complete this lab session. (The standard kit for this book, available from http://www.thehomescientist.com, includes the items listed in the first group.)

Goggles

Fingerprint brush

Fingerprint powder, black

Magnifier

Slide, flat

Gloves

Acetone

Aluminum foil

Baking soda

Camera (optional)

Cotton balls (real cotton)

Fuming chamber (see text)

Index cards or paper (white)

Paper towels

Scanner (optional)

Superglue, cyanoacrylate (bottle or tube)

Tape, packing or similar transparent

Specimens: nonporous with latent fingerprints

Acetone is flammable. Handle superglue carefully, or you might find youve glued yourself to yourself. (If you have a mishap, use acetone to remove the superglue.) Superglue fumes are not particularly toxic, but they are irritating. Work outdoors or under an exhaust fan. Although it didnt happen to us, its possible that the cotton ball will catch fire if you use too much superglue. Have a container of water handy to flood the chamber if necessary. Wear splash goggles, gloves, and protective clothing.

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Medium 9780253006295

6 Dreaming of a Self beyond Whiteness and Isolation

john a. powell Indiana University Press ePub

SIX

Dreaming of a Self Beyond Whiteness and Isolation

We are all androgynous, not only because we are all born of a woman impregnated by the seed of a man but because each of us, helplessly and forever, contains the other – male in female, female in male, white in black and black in white. We are a part of each other. Many of my countrymen appear to find this fact exceedingly inconvenient and even unfair, and so very often do I. But none of us can do anything about it.

James Baldwin, “Here Be Dragons”

What men believe to be true is true in its consequences.

Alfred North Whitehead, in David R. Loy, The World Is Made of Stories

Some years ago, I conducted an exercise in a class on the history and nature of the self. Most of the students in the class were white, and most were law students. After reading some neo-Jungian articles about dreams, and dreams in relation to identity, I asked the class how many of them had ever dreamt that they were something non-human: an animal perhaps, or something inanimate. The vast majority of the class affirmed that they had. In their dreams, they had been foxes, spirits, and clouds. Then I asked them how many of them had ever dreamt that they were someone of a different race. Only a couple of students raised their hands. The number who had dreamed about being of a different gender or sexual orientation was only slightly higher.

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