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4 Interrogating Privilege, Transforming Whiteness

john a. powell Indiana University Press ePub

FOUR

Interrogating Privilege, Transforming Whiteness

Blacks are made visible and invisible at the same time under the gaze. For example, when Black youth are seen it is often with a specific gaze that sees the “troublemaker,” “the school skipper,” or the “criminal.” Thus they are seen and constrained by a gaze that is intended to control physical and social movements. The purpose of the gaze is that it should subdue those who receive it and make them wish to be invisible.

Frantz Fanon, Black Skin, White Masks

Whether or not we understand ourselves through lenses of identity, we still make ethical choices about how to live with those identities. It is the choices that require critique.

Mari J. Matsuda, “I and Thou and We and the Way to Peace”

Seeing and naming the whiteness of whiteness, then decentering whiteness from its position as the universal norm, is an undertaking with enormous potential for liberating our society. The necessary first step is acknowledging that there is indeed white privilege, or what I prefer to call white supremacy or white racial hierarchy. I endeavor here to consider the nature and function of this privilege as it has been articulated in order to determine how we should think about it and how best to end it. This work presents some difficulties, the first of which is defining privilege and its relationship to otherness, at least rhetorically. This includes examining the ways that the rhetoric of white privilege contributes to its invisibility and corroborates the myth of white innocence. In order to more fully state the problem and make the case for a transformative approach, I will draw here upon the debate of sameness and difference. I question the long-term usefulness of valorizing difference, as well as of assimilationist approaches to power structures. I advocate a communicative ethic, informed by the relational nature of difference.

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7.3 Importance of quality costs

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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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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5 Work

Jorge Antonio Renaud University of North Texas Press PDF

Chapter five

work

I

t comes as a shock to the mostly lazy, unskilled criminals who come into the Texas prison system that, unlike the federal system or most other state prisons, Texas inmates must work. And they do not get paid. Anything. (More on the financial situation in Chapter nine: Money.) Inside and outside, in snow and rain, day and night, whenever TDCJ needs something done, chances are that an inmate is assigned to do it.

Most inmates who are physically fit are first assigned to work in the fields, in what are called work squads, hoe squads, or sometimes just the

Line. The Line is not actually considered a job. It is a way of indoctrinating inmates—especially younger, first-time inmates—to the system, and it is punishment for inmates losing other jobs through disciplinary infractions. Sometimes, it is just punishment for angering the wrong officer.

On most units, the Line does field work. Inmates in the fields plant, weed, thin, and harvest fruits and vegetables. Texas prison crops range from watermelons, peanuts, eggplants, and beets to the more traditional vegetables and, of course, King Cotton.

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7.10 Implementation of the proposed quality cost system on site

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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14 Craft Shop

Jorge Antonio Renaud University of North Texas Press PDF

Chapter fourteen

craft shop

T

here are perhaps only three ways an inmate may legally make money while he is in TDCJ. One is to write and then market his fiction, essays and poetry to free-world magazines. Another is to paint or draw and sell his artwork to interested buyers outside the walls. Both of these moneymaking ideas are subject to not just individual talent but to the mails, and to the hit-and-miss assistance of outside parties.

TDCJ offers one way for inmates who keep clear disciplinary records to make money while inside the walls, with all work and most sales being done by the inmates. It’s called the craft shop, or the “piddling” shop, and it is a privilege not to be dismissed lightly. The craft shop is just that: an area where inmates work on leather goods, jewelry, wood projects, paintings, fanciful stick creations—any of a number of personal expressions that can be done at a minimum of cost and then sold to officers or visitors or marketed to the free-world.

Inmates within the shops, called piddlers, usually begin as apprentices, or helpers, and work their way up the ladder as space in the craft shop allows. A determined, hard-working piddler who produces quality goods can make over $12,000 a year while still performing his assigned duties for the system. That may not sound like much money, but it does

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2.5 Organisation politics

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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11. Water Rights in the Marketplace

P. Andrew Jones University Press of Colorado ePub

One of the primary attributes of the prior appropriation system is that it allows individual water rights to be transferred between parties. Subject to certain limitations, these water rights can be used for purposes other than those of the original owner and still retain their original priority date. This ability to transfer water rights has created a substantial market for water rights in Colorado. The present value represented in South Platte River surface water rights alone, using today’s market values, can be conservatively estimated at $14 billion (based on 1.4 million acre-feet of annual consumptive use and a $10,000 per consumptive use acre-foot value). For comparison, Colorado’s gross state product (the state equivalent of gross domestic product at the national level) was $230.5 billion in 2006.1 If the other tributary water divisions are included, as well as the value inherent in diversions from Non-Tributary and Not Non-Tributary, Designated, and Exempt Groundwater wells, it is apparent that the state has a huge amount of value existing in water rights, in relative terms.

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Medium 9781626562691

8 Telling Stories

Schenwar, Maya Berrett-Koehler Publishers ePub

“We need to trust people to be the experts on their own lives.”

—Domestic violence survivor interviewed by the StoryTelling & Organizing Project

Although Angelica’s entrance into the world undoubtedly ranks as my family’s most significant event of 2013, followed by Kayla’s reincarceration, the loss of a dearly loved inanimate object nears the top of my Big Deal list. On a sleepy late summer evening shortly before my sister gives birth, I’m ambling across the parking lot of a Seattle restaurant late in the evening with two old friends. We’re relishing the warm breeze and chatting about the possibility of ice cream.

But one of my companions stops short, two feet from my car.

“Oh my God,” she says, low. “The window.” The back window has been shattered through the middle, as if by a bowling ball. Glistening shards are still dropping lightly onto the back seat.

My heart thuds, pushes me forward. I plunge my hand through the hole. “Where is my laptop?” I say, patting the shard-covered seat, then pounding it. The sharp bits stick to my palm, which emerges wet and red-slitted. The laptop—along with the uncom fortable shoulder bag in which it was kept, which also contained my only pair of glasses, an assortment of tampons, and a notepad filled with embarrassingly moonlike self-portraits sketched during a PowerPoint presentation at a recent conference—is nowhere. The back seat is empty.

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8 Lessons from Suffering: How Social Justice Informs Spirituality

john a. powell Indiana University Press ePub

EIGHT

Lessons From Suffering

HOW SOCIAL JUSTICE INFORMS SPIRITUALITY

As people who live – in a broad sense – together, we cannot escape the thought that the terrible occurrences that we see around us are quintessentially our problems. They are our responsibility – whether or not they are also anyone else’s.

Amartya Sen, Development as Freedom

[The] need to face and understand our suffering, and to change toward new values, is perhaps the basic spiritual narrative – the common core of world spirituality.

Roger Gottlieb, Joining Hands: Politics and Religion Together for Social Change

Much of the literature on the relationship between social justice and spirituality focuses on how spirituality has informed and inspired social justice work. Relatively little attention is paid to how social justice might inform the practice and development of spirituality. These spheres, however, share a deep concern with suffering, which is a central concern and animating force of both. Social justice and spirituality are, moreover, in a recursive relationship, on which I focus here.

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Chapter 6 Civil Adjudicatory Jurisdiction

General, Conference of Western Attorneys University Press of Colorado ePub

P.225, n.2.      Add the following to line 1 of the footnote after “ See ”:

Cook v. Avi Casino Enters., Inc., 548 F.3d 718, 722 (9th Cir. 2008), cert. denied, 129 S. Ct. 2159 (2009);

P.231, n.34.      Add the following to the eleventh-to-last line of the footnote before the semi-colon:

, vacated in part & remanded, 569 F.3d 589, 596 (6th Cir. 2009) (§ 1983 claim remanded for determination of “whether the [tribe] was entitled to the federal funds (a) only as a result of its sovereignty, or (b) simply because it provides certain social services” since, under any “plausible” reading of Inyo County, “[i]f it is the latter, then [the tribe’s] § 1983 suit would not be in any way dependent on its status as a sovereign, and it should be considered a ‘person’ within the meaning of that statute, so long as other private, nonsovereign entities could likewise sue under § 1983”)

P.233, n.48.      Add the following to the end of the footnote:

As would appear implicit from National Farmers—where exhaustion had not occurred—appellate review is available of a stay or dismissal order. See Philip Morris USA, Inc. v. King Mountain Tobacco Co., 569 F.3d 932, 936 (9th Cir. 2009) (order staying action to allow for tribal court exhaustion deemed appealable under 28 U.S.C. § 1292(a)(1)); Elliott v. White Mountain Apache Tribal Ct., 566 F.3d 842, 845–46 (9th Cir. 2009) (order dismissing action without prejudice to allow for tribal court exhaustion deemed final for appeal purposes under 28 U.S.C. § 1291). Also implicit is the absence of tribal immunity from suit where its courts are alleged to be acting in contravention of federal law–imposed limitations. See Attorney’s Process and Investigation Servs., Inc. v. Sac & Fox Tribe of Miss. in Iowa, No. 05-CV-168-LRR, 2009 WL 1783497, at *6 (N.D. Iowa June 18, 2009) (“[t]he wealth of federal case law concerning tribal court civil jurisdiction over non-members demonstrates that sovereign immunity does not bar a district court from considering this matter”).

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Appendix C Law Library Holdings

Jorge Antonio Renaud University of North Texas Press PDF

Appendix C

Law Library Holdings

Following is a partial listing of the books and manuals that all TDCJ law libraries must offer to remain in compliance with court-ordered stipulations concerning access to courts. Many transfer units and smaller units have mini-law libraries, and they offer less, but most attempt to make up the difference via loan programs with other TDCJ law libraries.

1. Federal Reporter 2d.

2. Federal Reporter 3d w/advance sheets

3. Federal Supplement w/advance sheets

4. Supreme Court Reporter w/interim bound volumes and advance sheets

5. United States Supreme Court Digest

6. South Western Reporter 2d, Texas w/advance sheets

7. Texas Subsequent History Table

8. United States Codes Annotated—Title 18: 19 volumes w/pocket parts; Title 28: 13 volumes w/pocket parts; Title 42: 5 volumes w/ pocket parts

9. Vernon’s Texas Statutes and Codes Annotated: 108 volumes w/ pocket parts

10. Vernon’s Texas Rules Annotated: 9 volumes w/pocket parts

11. Texas Evidence and Courtroom Handbook

12. Wright’s Federal Practice and Procedure, Criminal

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4.1 Introduction

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 4

Legal implications for the construction industry

4.1 Introduction

Traditionally, a client’s expectations with regard to quality in construction works are ensured and upheld by building contracts. With the recent emergence of ISO 9000 quality management systems, however, the definition and assurance of quality have taken on a new dimension. Many contractors have since applied quality management systems in their organisations without understanding its intricate relationship with the building contract used. This chapter examines the likely conflicts and compatibility between Standard Forms of Building Contract and quality management systems. An understanding of the possible legal obligations that may arise from adopting a quality management system contractually will help contractors and clients protect their interests when defects arise. In addition, many contractors are in the process of establishing their quality management systems to increase their competitive and bidding edge.

This trend has raised questions as to the application of quality systems to Standard Forms of Building Contracts in the construction industry. There is a tendency for both the Quality Manager and Construction Manager to consider quality systems and their associated legal obligations separately from building contracts. This may be acceptable when the quality system is still in its infancy stage. As the quality system matures, however, there would be unavoidable interaction between quality systems and contractual/legal obligations at different levels, especially when there is evidence of reliance by the purchaser on certification such as ISO 9000.

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2.2 Power in organisations

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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1. Colorado Climate, Geology, and Hydrology

P. Andrew Jones University Press of Colorado ePub

The nature of a society is determined, at least in part, by the attributes of the natural setting in which it develops. To understand the story of Colorado water law, one must first explore the windswept peaks, cathedral forests, and sweeping plains that form the state’s landscape. One must meet a mountain stream swollen with snowmelt in a high meadow and follow it down the mountain, through the foothills, and across the broad plain to the horizon. One must look beneath the surface of the earth at the vast, silent formations of rock and sediment, formed in ages past, now holding vast amounts of water suspended in pores and cracks within the rocks. This chapter looks at the constraints and opportunities presented by Colorado’s climate, topography, hydrology, and geology.

1.1 Colorado shaded relief map. Courtesy of the U. S. Geological Survey

Colorado is a very large state—the eighth largest of the fifty U.S. states—with 104,000 square miles within its borders. Many nonresidents have a preconceived vision of Colorado as composed of wall-to-wall mountains, sparkling rivers, and snow-covered ski resorts from Julesburg to Rifle. That vision is abruptly altered as one drives along Interstate 76 in northeastern Colorado, passing vistas of sagebrush, prickly pear cactus, and unending treeless prairie. Approximately 40 percent of Colorado’s land area is located in the relatively flat Eastern High Plains. The remaining landscape is almost equally divided between the Central Mountains and the Western Plateaus. Mountains, plains, mesas, and plateaus all combine to make up Colorado (Figure 1.1).

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