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Chapter 8:The Waiting Game

Bill Neal University of North Texas Press PDF

8

CHAPTER

The Waiting Game

Ambush at the Death Cottage

JUDGE SWAYNE DECLARED A MISTRIAL in the prosecution

of John Beal Sneed for murdering Colonel Boyce on February 29,

1912, and that was the day the waiting game began. Retrial of the murder case was scheduled to begin in the same Fort Worth district court in November 1912—eight months later. It would prove to be a very long eight months indeed.

Cone Johnson, in his closing argument for the defense, made a very curious comment: “There has been enough sorrow . . . The

Boyces ought to be satisfied. The Sneeds ought to feel that there’s been enough calamity.” Perhaps. But that certainly didn’t accurately reflect the sentiments of the three principals in the tragedy, none of whom were satisfied with the status quo. Lena was not satisfied. She wanted Al. But John Beal Sneed was in the way. Al was not satisfied.

He wanted Lena. But, again, there was the John Beal Sneed impediment. Al also wanted to avenge the murder of his father—personally.

Beal was not satisfied. He wanted more calamity. He wanted Al and

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4. Introduction to Federal and Interstate Issues

P. Andrew Jones University Press of Colorado ePub

It is important to understand water law concepts employed in other states and the basic principles governing disputes between states to gain a better understanding of Colorado’s prior appropriation system. The United States follows the general rule that each state has “plenary control” over the waters within its boundaries and is free to develop whatever system of water rights administration it chooses.1 The McCarran Amendment (43 U.S.C. §666) is a federal statute, adopted in 1953, that allows the United States the right to claim the adjudication and administration of certain rights to use water within a state’s water allocation system. (The effect is to permit state courts to adjudicate federal water rights claims under state law.)2 In Colorado, for example, the federal government must have an adjudicated decree just like any other Colorado water rights holder to divert water from a stream for a federal project or purpose. The federal government cannot take water out of priority or create a new place on the adjudicated priority lists that was not established in the original local water court proceedings.

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Appendix 1. Significant Court Cases concerning Texas Water Rights

Porter, Charles R. Texas A&M University Press ePub

APPENDIX 1

SIGNIFICANT COURT CASES CONCERNING TEXAS WATER RIGHTS

The following sample of significant cases concerning water rights in Texas is not intended to represent all the court rulings that impacted our current water rights policies or to provide the reader with a legal opinion at all. However, the cases are not only interesting themselves but also indicative, when taken as a whole, of the efforts the courts have made to find the fairness and justice built into our system of government. Texas’ adoption of English common law in 1840, which in essence allows laws to be modified by judicial action and interpretation, keeps our law young and alive to meet the challenges of each generation. The history of some of the key cases puts the issue of water rights into context.

TEXAS COMPANY V. BURKETT

The Texas Company became the international oil company Texaco. This landmark case was decided in 1927. These were the key rulings:

• Absence of evidence to the contrary, underground water is presumed to be percolating groundwater, therefore owned by the surface owner.

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Medium 9780253017314

Hero or Villain? Persecuting a Defender of Human Rights v. Prosecuting a Criminal Suspect

David P Fidler Indiana University Press ePub

Hero or Villain?
Persecuting a Defender
of Human Rights v. Prosecuting a
Criminal Suspect

When the first stories about NSA activities appeared from June 5 to 8, 2013, the world did not know who provided the documents and information to journalists. Snowden, who had been working as a private contractor for the NSA in Hawaii, revealed himself as the source on June 9, 2013, from Hong Kong, where he had flown to avoid U.S. law enforcement. Once he was identified, arguments about whether Snowden was a hero or traitor began, focusing attention on his background and motivations for leaking classified documents and for leaving the United States. Snowden began explaining his actions in interviews in Hong Kong with the Guardian and the South China Morning Post. William Scheuerman (chapter 5) and others have identified Snowden’s statement at the Moscow airport in July 2013 as important for understanding what he did and why he did it. When he made this statement, Snowden was not sure where he would get asylum from the persecution he feared from the U.S. government for his defense of the Constitution and international law. Snowden eventually accepted temporary asylum in Russia in August 2013 and a three-year residency in Russia when this asylum ended.

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Unconstitutional Abuse of Power or Legitimate and Necessary Security Measures? NSA Programs under the Foreign Intelligence Surveillance Act

David P Fidler Indiana University Press ePub

Unconstitutional Abuse of Power or
Legitimate and Necessary Security Measures?
NSA Programs under the Foreign
Intelligence Surveillance Act

It all started with disclosure of this document, which came to be known as the “Verizon Order.” In it, the Foreign Intelligence Surveillance Court (FISC) ordered Verizon to produce to the NSA on a daily basis records of telephone calls—telephony or telephone metadata—between the United States and foreign countries and wholly within the United States, pursuant to Section 215 of the USA PATRIOT Act (codified as 50 U.S.C. §1861). Information sought under Section 215 for foreign intelligence purposes or to protect against international terrorism must be “relevant to an authorized investigation.” The Verizon Order revealed that the FBI, NSA, and FISC interpreted this requirement to mean the NSA could collect from Verizon, and from other telephone companies under similar FISC orders, metadata on millions of telephone calls made by Americans every day. Exposure of the telephone metadata program, and the associated interpretation of Section 215, triggered a political and legal controversy in the United States.

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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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Chapter 10 – Mail

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER TEN

mail

Inmates in TDCJ are allowed to receive mail from anyone in the world, without any restrictions on amounts of First Class personal mail. The key word here is “personal.” As long as there are no enclosures in mail to an inmate—no stamps, cash, pressed flowers, gold chains, etc.—the inmate will be given that letter. The actual, written content of the letter may be cause for denial, but I’ll get to that in a minute.

The liberty allowed Texas inmates with their personal mail is not extended to packages. It is easier to say what inmates can receive than to list what they cannot.

Inmates can receive two types of packages:

1) Books or magazines, which must come from the publisher or bookstore. This means that you must order them from the publisher and have the publisher mail them directly to the inmate; or you must buy them at the bookstore yourself, give the bookstore the inmate’s name, number, and address, and have the bookstore mail the books and magazines directly to the inmate. Do not try to mail books directly to the inmates. TDCJ mailrooms have a list of approved bookstores—if a package of books has a made-up address and label, it will not appear on the approved list and will be rejected and returned.

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Medium 9780253001924

11 Looking Backward to and Forward from the 2006 Voting Rights Act Reauthorization

Edited by Daniel McCool Indiana University Press ePub

In the America promised by our founders, every citizen is somebody, and every generation has a responsibility to add its own chapter to the unfolding story of freedom. In the four decades since the Voting Rights Act was first passed, we’ve made progress toward equality, yet the work for a more perfect union is never ending.

PRESIDENT GEORGE BUSH, WHITE HOUSE STATEMENT
AT THE VOTING RIGHTS ACT REAUTHORIZATION
SIGNING CEREMONY
, JULY 27, 2006

We shouldn’t forget that better is not good enough.

SENATOR BARACK OBAMA, 42ND COMMEMORATION OF
BLOODY SUNDAY, SELMA, ALABAMA, MARCH 4, 2007

How much progress is enough?1 Is voting discrimination tolerable in our democracy, and, when it occurs, how is it best remedied? As the chapters in this book make clear, these were the core questions that animated the 2006 reauthorization of key provisions of the Voting Rights Act of 1965 (“VRA”) and that persist in its wake.2 They are not small questions. The VRA is recognized not only as one of the most important civil rights laws ever passed, but also as one of the most important laws of any kind in the history of the United States. It is a rare statute, which merges our nation’s past, present, and future; it bridges the cross-currents of the ugliest chapters of yesterday, today’s challenges, and our aspirations for tomorrow. A survey of the history of the right to vote in America reveals just how difficult it has been to reach this stage in our progress. There was a period in which the Supreme Court severely undermined, if not essentially foreclosed, the possibility of voting equality.3 For a long period Congress failed to confront flagrant and violent voting discrimination,4 followed by belated responses that proved inadequate to meet the scale of the problem. Supported by a well-documented history of voting discrimination and enacted as a result of courageous resistance to entrenched discrimination, the Voting Rights Act drastically altered the pattern of exclusion. Although the act’s special enforcement provisions have been extended four times, these provisions, which are central aspects of the VRA, continue to generate substantial debate, as the chapters in this book make clear.

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3 Existential Damages

Molé, Noelle J. Indiana University Press ePub

There is nothing better for a man, than that he should eat and drink, and that he should make his soul enjoy good in his labor.

—Ecclesiastes 2:24

Putting the soul to work: this is the new form of alienation.

—Franco “Bifo” Berardi

The soul that we are constantly constructing we construct according to an explanatory model of how we came to be the way we are.

—Ian Hacking (1998)

Mr. G worked as an engineer for Telecom in Pisa, where he was responsible for the Tuscan maritime area (Tribunal of Pisa, April 10, 2002, in Meucci 2006: 490). He had been instructed to minimize the overtime of his staff and had taken measures to follow those orders. However, his actions provoked a union reaction and, in response, Mr. G filed suit to protect his job position. Following disciplinary action by Telecom, Mr. G was transferred to Florence in June 1999 and was told, informally, that this was done to appease the National Union Coordinating Group. He was moved once again to Pisa by the next month. At that time, Mr. G was denied the monthly raise in salary that his colleagues had received, and he filed suit in the Florence Tribunal (which he later won, in January 2001). In January 2000, Telecom hired a new engineer for the Tuscan maritime branch and Mr. G was stripped of his professional role. Although he presented his case to the attorney general’s office (procura della repubblica), he was still fired later that month. He was rehired in February and transferred, once again, to Florence, and Telecom took legal action to justify the legitimacy of the transfer. At this point, Mr. G sued for mobbing, professional damages, and loss of dignity, and he contested the transfer. As part of his ruling on the case, Judge Nistico, citing Article 2087 of Italy’s Civil Code, reflected on the case:

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3 The Racing of American Society: Race Functioning as a Verb before Signifying as a Noun

john a. powell Indiana University Press ePub

THREE

The Racing of American Society

RACE FUNCTIONING AS A VERB BEFORE SIGNIFYING AS A NOUN

O, yes, I say it plain,
America never was America to me,
And yet I swear this oath – America will be!

Langston Hughes, “Let America Be America Again”

Myth is facts of the mind made manifest in a fiction of matter.

Maya Deren, Divine Horsemen: The Living Gods of Haiti

The color-blind and multiracial issues are but two of the problems we encounter in our efforts to understand race in a consistent and disciplined way. Michael Omi, an important voice in this effort, identifies several others, including the difficulties scientists encounter when attempting to apply ostensibly objective analytical criteria to a concept that has no scientific reality yet a powerful social one – a concept that is instrumental in shaping our individual and collective identities.1 Indeed, even within particular analytical frameworks, different sets of understandings and beliefs about race abound. Once recognized, these theories can provide useful insights into the nature of the work necessary to come to terms with race and racism in our society.

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4.8 Documentation and quality records

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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10. Water Entities

P. Andrew Jones University Press of Colorado ePub

Corporate water entities have always played an important role in Colorado in organizing and constructing diversion works and delivering water. Although their social organization has been lost to time, archaeological records clearly reflect the Anasazis’ corporate efforts to construct and maintain common diversion and storage works at Mummy Lake. Working together, these industrious people constructed miles of ditches and the state’s first water supply reservoir for communities nestled in the hills and arroyos of what would become Colorado’s southwestern corner.

The Spanish style of irrigation in New Mexico profoundly affected water development and administration in Colorado. Community ditches, called acequias, were utilized to divert river water to dry lands by means of gravity. The community of Santa Fe was founded in 1609. Over the next century, an estimated sixty acequias came into operation in New Mexico. During the 1700s an additional 100 acequias were established, followed by another 300 in the 1800s.1 The acequias influenced development of ditch and reservoir companies in Colorado.

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4.4 Verification

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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6. Supply and Demand, Today and Tomorrow

Porter, Charles R. Texas A&M University Press ePub

SUPPLY AND DEMAND, TODAY AND TOMORROW

Why is an understanding of water rights in Texas more important today than ever before in our history? Because Texas currently has a strong economy, and experts project Texas will experience long-term growth.

GROWTH PROJECTIONS AND WATER SUPPLY

Most experts expect the population of Texas to almost double by 2060. That growth would put tremendous pressure on our water resources, and predictions show a trend downward in the supply of water versus demand over the same time period, even without the recurring droughts. But in drought times, sure to revisit regularly, the predictions are dire indeed. In the state water plan for 2012, water development board chair Edward G. Vaughan wrote in his cover letter this significant statement: “The primary message of the 2012 State Water Plan is a simple one: In serious drought conditions, Texas does not and will not have enough water to meet the needs of its people, its businesses, and its agricultural enterprises. . . . This plan also presents the sobering news of the economic losses likely to occur if these water supply needs cannot be met.”1

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Medium 9781574411522

Appendix D Commissary Spending Limits

Jorge Antonio Renaud University of North Texas Press PDF

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