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Medium 9781574411676

11 For the Defense

Gary M. Lavergne University of North Texas Press PDF

chapter eleven

For the Defense

“What I believe of what he tells me is irrelevant. From a pure legal standpoint, if he tells me he did something for some reason, I am legally obligated to take that story and try to prove it to the best of my ability.”

—Frank Jackson

Abdelkrim Belachheb’s Defense Attorney



ou now know what happened at Ianni’s on June 29, 1984, and now the defense is going to tell you why it happened.” So began the defense of Abdelkrim Belachheb.1

Belachheb’s wife, Joanie, was Jackson’s first witness. She began by describing how she and Belachheb first met and how they came to fall in love and marry. She described her husband as a Moroccan of the Berber Tribe and a Shiite Muslim. As she responded to

Jackson’s questions, she revealed the details of their unusual relationship—one where love and violence coexisted. She described her husband as “sick enough to kill.” She said that she had told many of her friends that he was a time bomb waiting to explode.

But she also said that he could be warm, loving, and sharing.

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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The fourth category of water in Colorado is groundwater withdrawn from Exempt Wells.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 9781626562080

CHAPTER 9 The Commons as a Legal Institution

Capra, Fritjof Berrett-Koehler Publishers ePub

A systemic revolution in the social domain requires legal institutions producing incentives for the ecologically sustainable behavior of individuals. In order to regenerate relationships, this new institutional framework must avoid concentrating power, but rather diffuse it through ecological community. It must reject selfish accumulation and any exploitation of resources belonging to all. The commons is emerging as such an institution.1

There is no recognized legal definition of the commons. However, scholars broadly agree that the commons are neither private nor public. Nor are they understood as a commodity, as an object, or as a portion of the material or immaterial space that an owner, private or public, can put on the market to obtain their so-called exchange value. The commons are recognized as such by a community that engages in their management and care not only in its own interest but also in that of future generations.

In fact, as well-known property-law scholar Stefano Rodotà put it, the commons are the opposite of property.2 Moreover, in the legal philosophy that is now emerging, which is reflected in contemporary co-housing experiences as well as in old village arrangements, so-called private property is actually only an exception to the commons, granted according to variable needs. For example, when children are grown and move out, a household needs one fewer bedroom. Should elderly parents move in, the household then needs an additional room for them. In such cases, if property taken from the commons (for example, a revamped monastery or the buildings of a co-housing project) is temporarily privatized and placed in the care and control of one person, this does not result in accumulation. When these spaces are no longer needed for private use, they must return to the common holding for communal care and use. Thus, the commons are the foe not of individual property but only of the excesses of its accumulation. Similarly, they are not the foe of government. They aim to limit only the excessive concentrations of power by direct decisions made by the community, through correcting feedback loops.3 Feedback is important, but elected political institutions are typically too remote from where their decisions have impact and individual politicians are too busy to properly decide everything.

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Medium 9781574411522

18 Lockdowns

Jorge Antonio Renaud University of North Texas Press PDF

Chapter eighteen



arely does TDCJ label anything so accurately. A lockdown is just that—every inmate in the locked-down wing, block, dorm, or unit is confined to his cell or cubicle, with no movement, no work, no recreation, no school, no visit, and with sometimes only cold sack lunches to eat for weeks on end. Lockdowns may last from hours to months and are imposed by wardens for different reasons. Although the ranking officer on duty has the authority to order a lockdown, anything lasting more than a few hours and affecting more than a few inmates will be ordered by a warden, and it must be justified to the regional and system directors.

Some wardens order lockdowns every six months or so to search the unit for tobacco, drugs, or weapons. These lockdowns are usually in the middle of the week, last only twenty-four to seventy-two hours, and do not disrupt visiting schedules. Many inmates welcome these lockdowns, as they offer three-day vacations from work. However, if a unit is plagued by continual violence, or if a riot is believed imminent, officials will order a lockdown that may last from a seventy-two-hour cooling off period to months. These longer lockdowns usually are on close-custody wings, where more violent inmates are concentrated.

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9. River Administration

P. Andrew Jones University Press of Colorado ePub

Competition over water in Colorado is at an all-time high. Growing demand for urban water has led to skyrocketing water prices, extensive legal battles between senior and junior water rights, and ongoing fights between ditch and reservoir companies. Colorado’s administrative agencies, assigned the task of allocating and delivering water, often find themselves in the middle of these disputes. This chapter gives the reader a basic understanding of the water administration agencies and the principles they employ to administer the state’s rivers. In addition, the chapter provides graphical summaries of a number of administrative concepts critical to administering the state’s tributary waters, introduced in Chapter 5.

Colorado was one of the first states to assign government officials the task of delivering water. In 1879 Colorado’s legislature divided the state into ten water districts, nine within the South Platte River Basin and one in the Arkansas Basin.1 The new law directed water commissioners to divide the available water based on the “first in time, first in right” concept for the various ditches within each water district.2 Ditch priorities were set by district courts and were determined by the date of construction and the date when river water was first placed to beneficial use.3 This was a first step in the adjudication process of water rights holders.

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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 9781574413175

Chapter 3: A Man with a Plan

Bill Neal University of North Texas Press PDF



A Man with a Plan

Escape, Flight, and Pursuit


Sneed to concoct any one plan that would accomplish all of his goals.

Revenge had to be exacted—not only against Lena but also against

Al. Both had publicly humiliated him. His battered hubris had to be assuaged; his honor in that Victorian society had to be restored.

And he had to do all of that while publicly portraying himself in some heroic role. In 1911 Texas society he could kill Al, even waylay him from ambush and most likely get away with it—maybe even be applauded for it. After all, there was still a statute on the law books of Texas that justified the killing of a libertine provided the enraged husband caught him in bed with his wife.1 But what about Lena?

She had to be punished too. However, as any southern gentleman knew, killing a woman, even a cheating wife, was out of the question.

There was just no way that slaying a woman could be portrayed as the act of a proud, courageous, manly southern hero. On the other hand, after it became public knowledge that Lena had committed adultery, he couldn’t take her back—couldn’t permit that soiled dove to return to the marital bed—without incurring public disdain and therefore disgracing himself.

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Medium 9780253356390

4 Feminizing the Inflexible

Molé, Noelle J. Indiana University Press ePub

The company that bought us has a very precise philosophy: total flexibility.

—From I Like to Work: Mobbing (Mi Piace Lavorare: Mobbing, 2004)

I want more autonomy, more flexibility.

—Giulia, self-identified mobbee

You can’t have the keg full and the wife drunk.

—Veneto saying

Neoliberal work regimes reduce labor costs not only by outsourcing, but also by building and sustaining a growing body of peripheral or semi-permanent labor, often dubbed flexible labor (Harvey 1989; Sennett 1998; Collins 2006). Within the semantic architecture of flexibility is the figure of a pliable, adaptable, docile worker. However, for working-class and middle-class workers in Italy, the idea of flexibility has been reframed, rapidly and publicly, as precariousness: as high risk, estranged, uncertain. From a moral standpoint, the discourse of precariousness casts flexibility as an immoral and intruding social value incompatible with Italian notions of just welfare citizenship and with Fordist orders. Mobbing, if understood as a strategic and covert means to reduce the number of permanent and even semi-permanent employees, would thus be a process able to generate a regime of labor of precariously employed workers. But a close investigation of mobbing shows it to be far more circuitous and less linear, yet consistently gendered. National reports about mobbing and gender vary widely; however, some statistics indicate that as many as one in three Italian women have been mobbed, and 39 percent were mobbed by other women (ANSA 2005b). Researcher Elena Ferrara, a contributor to the European Commission’s Daphne Report, dedicated to “raising awareness of women and mobbing,” reports that 62 percent of mobbing victims are women (Ferrara 2004: 21). Like other mobbing literatures, the report em phasizes women’s tendency to mob other women due to jealousy, hypercompetitiveness, and deviance from gender norms.

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Medium 9781574414325

Appendix D – Commissary Spending Limits

Jorge Antonio Renaud The University of North Texas Press ePub


Commissary Spending Limits

As of August 2001, the following limits on commissary spending were in effect for inmates in TDCJ-ID, applied according to custody level.

G1, G2, and G3 Minimum—$75 every two weeks, raised to $100 on certain holidays

G4 Medium—$30 every two weeks

G5 Close—$20 every two weeks

Administrative Segregation:

Level I—$60 every two weeks

Level II—one item of each hygiene and correspondence, not to exceed $10, every two weeks

Level III—correspondence supplies not to exceed $10, every two weeks

(Source; TDCJ-ID Classification plan, Revised Nov. 1999)

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Medium 9781902375014

2.11 Case studies

Low Sui Pheng Chartridge Books Oxford ePub


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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6.4 Implications of survey findings

Low Sui Pheng Chartridge Books Oxford ePub


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 9781574411829

6. Home Confinement with Electronic Monitoring

Gail Caputo University of North Texas Press PDF


Home Confinement with

Electronic Monitoring

Jon’a F. Meyer


Spiderman had possibly met his match; the poor super hero had no idea what his nemesis, the Jackal, had in store for him. Like a number of villains in the popular Spiderman comic series, the Jackal was a professor and an evil one at that. In a fit of sheer brilliance, the Jackal had developed a tracking device and fitted a sedated Spiderman with it (Lee,

1974). Spidey awoke to find his lower forearm encased in the fiendish bracelet. If removed, the device would explode and render Spiderman’s arm useless for life. If left in place, however, it allowed the Jackal to know Spidey’s whereabouts. Spiderman finally defeated the nefarious device and many scholars now attribute the birth of electronic monitoring of criminal offenders to the January 1974 issue of the comic in which Spidey and the Jackal engaged in their technologically enhanced battle.

Albuquerque-based judge Jack Love read the comic in 1977 and became convinced that the premise behind the Jackal’s tracking device could work in the corrections field, enabling better monitoring of those ordered into home detention. Satisfied that the idea merited consideration, he sent a memo, a copy of the comic, and a news article about devices used to track cargo and animals to the New Mexico

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7.7 Installing a quality cost system

Low Sui Pheng Chartridge Books Oxford ePub


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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8.5 TQM in the construction industry

Low Sui Pheng Chartridge Books Oxford ePub


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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Chapter 2: A Secret Too Big to Keep

Bill Neal University of North Texas Press PDF



A Secret Too Big to Keep

“Let the Old Men Settle It”

FAMILIAR FOLKLORE has it that the husband is always the last to know. John Beal Sneed may not have been the last to discover his wife’s affair, but he certainly wasn’t the first. By the early fall of 1911, the intensity of the affair had become so heated that some family members and even some of the neighbors had become aware of it.

Unlike Al Boyce and Lena Snyder Sneed, they all fully appreciated its gravity and how explosive that powder keg was in 1911 Texas society. But what to do?

Al’s father, Colonel Albert G. Boyce, and the Colonel’s wife were aware of the affair by early July 1911, and they were alarmed by its implications. They attempted to discourage Al from continuing the relationship and proposed to take Al in New Orleans to see a doctor whom they believed might cure Al of his infatuation. Al refused to go unless Lena gave her consent. She agreed, but before the end of the month Al returned—still uncured and still infatuated with Lena.

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