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Medium 9780870819506

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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Medium 9781902375014

2.10 Survey results

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 9781574411522

21 Parole, Good Time, and Discharge

Jorge Antonio Renaud University of North Texas Press PDF

Chapter twenty-one

parole, good time, and discharge

N

ow, to what you’ve all been waiting for: the frustrating rules governing an inmate’s release from prison. First—parole is not a right; it is not guaranteed to any inmate. Parole is a privilege. It is granted by the

Texas Board of Pardons and Paroles, which consists of eighteen men and women who were appointed to their seats due to their avowed interest in law and order. Second—parole will be awarded when the members of the board decide, and their decision is subjective. It is also influenced by the political winds of the day, and by pressures brought to bear by overcrowded prisons and available money to build new ones.

So, if a convict tells you he is “up for parole,” don’t rush out to buy him clothes. All he is saying is that he is now eligible and that the board will shortly review his case and consider him for parole.

Before I go into details, let me stress those two points. Parole is not guaranteed, and there is no way to predict what the board will do in any given case. A man serving a twenty-year sentence for robbery may become eligible for parole after two and one-half years and be granted parole. Then again, he could be denied, reviewed every year thereafter and denied each time until he has done his entire twenty years, and it would all be perfectly legal, although rare.

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Medium 9781574414325

Chapter 21 – Parole and Good-time

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER TWENTY-ONE

parole, good time, and discharge

Now, to what you’ve all been waiting for: the frustrating rules governing an inmate’s release from prison. First—parole is not a right; it is not guaranteed to any inmate. Parole is a privilege. It is granted by the Texas Board of Pardons and Paroles, which consists of eighteen men and women who were appointed to their seats due to their avowed interest in law and order. Second—parole will be awarded when the members of the board decide, and their decision is subjective. It is also influenced by the political winds of the day, and by pressures brought to bear by overcrowded prisons and available money to build new ones. So, if a convict tells you he is “up for parole,” don’t rush out to buy him clothes. All he is saying is that he is now eligible and that the board will shortly review his case and consider him for parole.

Before I go into details, let me stress those two points. Parole is not guaranteed, and there is no way to predict what the board will do in any given case. A man serving a twenty-year sentence for robbery may become eligible for parole after two and one-half years and be granted parole. Then again, he could be denied, reviewed every year thereafter and denied each time until he has done his entire twenty years, and it would all be perfectly legal, although rare.

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Medium 9781902375014

2.7 Leadership style

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 9781902375014

6.3 Survey findings

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 9780253017314

Editor’s Note

David P Fidler Indiana University Press ePub

Part II of The Snowden Reader was organized to provide an overview of the revelations by Edward Snowden that began in June 2013 and what the disclosures generated during the months that followed. The selections in part II roughly come from the first year of the “Snowden affair,” with updates made as permitted by the publication schedule. The documents selected represent only samplings of the vast quantity of documents that have been generated and disseminated by various parties. Selections were made with the goal of providing a diversity of accessible materials and with the nonspecialist reader in mind. For the most part, the volume does not address specialists in the policy, law, and technology of foreign intelligence, which meant that a number of fascinating but technically challenging documents had to be left out. I can only beg the reader’s forgiveness if the selections have left out documents you think are more important, interesting, or entertaining. In part II, “as of this writing” means approximately December 10, 2014.

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Medium 9780253001924

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

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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Medium 9781902375014

5.1 Introduction

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 9781574411829

1. Overview and Theoretical Foundations of Corrections

Gail Caputo University of North Texas Press PDF

CHAPTER 1

Overview and Theoretical

Foundations of Corrections

THE CRIMINAL JUSTICE SYSTEM

Criminal justice in the United States involves three interdependent agencies—law enforcement, courts, and corrections—operating at the federal, state, and local levels. Together, these agencies represent the criminal justice system. Although with distinct lines of funding, rules, standards, procedures, and organizational structures, these agencies must work together in the processing of criminal cases. This process is traditionally characterized by a model developed by the President’s Commission on Law Enforcement and the Administration of Justice (LEAA)

(President’s Commission on Law Enforcement and Administration of

Justice, 1967). The model portrays a rational, systematic assembly linelike processing of criminal cases through the three agencies. Law enforcement agencies are formally charged with the prevention and control of crime. To this end, they respond to reports of criminal activity, investigate these reports, and make arrests when appropriate. Then, courts determine criminal charges, decide guilt of the accused, and impose criminal sanctions. Finally, correctional agencies administer these penalties through control, custody, and supervision.

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Medium 9781574414325

Chapter 23 – The ECHO

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER TWENTY-THREE

the echo

The Echo is the Texas Prison Newspaperour newspaper. It is tabloid-sized and published every month or two, then distributed via truck mail to the units and then to the living quarters. The Echo has been published more or less continuously since 1928 and has a circulation of 100,000 or so, giving it some standing among Texas papers.

The Echo’s contents can be divided into three types of articles: reprints of penal-related stores written for other papers; occasional columns or editorials written by the Echo’s staff; and recognition-type pieces: graduation notices, results of sports tournaments, and similar short articles submitted by inmates.

There is a Letters to the Editor page, and an advice column written by a mystery convict. This columnist, who like Madonna and Elvis has reached first-name status—Dear Darby—offers sarcastic and hilarious advice to letters that are genuine but often sound made-up. His column is a tradition and undoubtedly the most-read part of any given issue.

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Medium 9781605099866

Chapter 4 Where to Go When You Want to Blow

Tom Devine Berrett-Koehler Publishers ePub

Once you are prepared to blow the whistle, the central concern of your strategic plan is where to take your story. What avenue is most likely to expose and correct the wrongdoing you plan to reveal? Which is best able to protect your interests and concerns? Whistleblower outlets range from company management and corporate hotlines to Congress, law enforcement and regulatory agencies, the courts, the media, and affected constituencies—all of which have the decision-making power or public sway to effect meaningful change. But not all outlets are created equal. Some provide greater confidentiality than others. Some are well positioned to expose wrongdoing; others tend to discourage dissent. Still others are known for being their own source of retaliation against whistleblowers. Delivering your message to these outlets is often made much easier and safer with the help of outside advocacy partners such as public interest groups and employee organizations. In this chapter we discuss the different outlets available for blowing the whistle.

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Medium 9781623491376

7. How We Use Water

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

HOW WE USE WATER

Most of us are unaware of the number of ways we use water in our society, how vital these uses are to our way of life, and how these uses impact each other because they all draw water from the common pool in the hydrologic cycle. Some uses are highly consumptive (water is removed with no direct return); others are less so. But each and every time we use water, we change it and return it to the hydrological cycle along with the debris and by-products of our daily lives, some of which are toxic. In only the past 34 years, since the passage of environmental protection laws, have we begun to establish the obligations users have to the quality of water when it is returned after use. This return flow of water is still the most overlooked aspect of water management yet may be the most critical for our future.

The major uses of water are for domestic purposes and livestock, which in Texas include wildlife use; for agricultural irrigation; for municipalities; and for industry. The use of water for the environment, referred to as “environmental flows,” is now also recognized as one of the most important and legally protected water uses in Texas. In fact, the supralegal authority of the US Fish and Wildlife Service has a massive impact on water planning in all Texas water policy, especially in the Edwards Aquifer region and on the coast.

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Medium 9781574414325

Chapter 11 – Visits and Phone Calls

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER ELEVEN

visits and calls

There are prisons in some states that allow conjugal visits between inmates and their spouses. There are prisons where visitors are encouraged to have picnics with their loved ones, who are allowed to bring in food, and the prisons provide barbecue facilities. Visits in those states are almost unsupervised, with inmates and their families left alone until they abuse the privilege. Texas is not one of those states. In Texas, it is assumed that all inmates will, if given the opportunity, smuggle in contraband or will otherwise abuse the visiting process. In order to prevent this, Texas limits the contact between visitors and convicts severely.

Visits in Texas prisons fall into two categories: general and special. General visits are further divided into two categories: contact and non-contact, or regular visits. Every convict in Texas prison is allowed some type of visit, unless he is in a locked-down status or in punitive segregation.

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Medium 9781574413175

Chapter 10: “Making ’em Believe in Ghosts”

Bill Neal University of North Texas Press PDF

10

CHAPTER

“Making ’em Believe in Ghosts”

The Beech Epting Murder Trial

A MONTH AND THREE DAYS AFTER the Fort Worth jury cleared John Beal Sneed for the killing of Colonel Albert Boyce, he was involved in another murder trial. But he was not the defendant in this one. His cohort, Beech Epting, was on trial for his role in the killing of Al Boyce, Jr.

Al Boyce was killed on September 14, 1912, in Amarillo, and a

Potter County grand jury had promptly indicted Beal Sneed and

Beech Epting, jointly, for murder.1 “Wild Bill” McLean once again was captain of the defense team, and he wasted no time in winning three major tactical victories during pretrial proceedings.

First, McLean argued for a change of venue to transfer the trial out of Potter County. With considerable water under his paddle, he argued that on account of the sensational nature of the killing as well as the massive publicity that followed, it would be impossible to get an “unpolluted” jury in Amarillo. There was another factor of which McLean was mindful: although a hung jury was a victory for the defense in the first Fort Worth murder trial, nevertheless, he and Beal Sneed were determined to win this trial—12 to 0 for the defense. In Amarillo, sentiment was bitter and split down the middle between Boyce partisans and Sneed partisans. Hence, it seemed most unlikely that any twelve Amarillo jurors could be found who would agree, unanimously, on any verdict.

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