202 Chapters
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Medium 9780253017314

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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Medium 9781574411522

1 Diagnostic

Jorge Antonio Renaud University of North Texas Press PDF

Chapter One

diagnostic

S

ince October 1, 1849, when a horse thief became the first person to be held in the state’s custody instead of by local law enforcement, Huntsville has been synonymous with Texas prisons. The beautiful town of

Huntsville—nestled in the midst of the state’s most lovely forests; four votes from being state capital instead of Austin; adopted home of General Sam Houston—is, nonetheless, by virtue of that first prison, fated to always be linked with prisons in the minds of Texans. That unit, built in what would soon be downtown Huntsville and known as the Walls, also soon included the growing system’s administrative offices. Over a century later, as the system began to expand rapidly, it became obvious that a separate unit was needed as a processing center. The Diagnostic Unit, built in 1964 a few thousand yards from the original Walls, became that intake unit. While there are now other units that may also serve some of the functions as the Diagnostic Unit, (now called the Byrd Unit), it was the first, it remains the most thorough, and it is the one I will use as a model.

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Medium 9780253017314

A. Revelations and Reactions

David P Fidler Indiana University Press ePub

The first year of Snowden’s disclosures brought remarkable revelations, facilitated by Snowden’s collaboration with journalists, and elicited a cacophony of reactions to the leaks by affected parties. The primary documents in this section are organized into categories of important issues Snowden’s disclosures generated, with a sampling of documents from each category. This selection of documents provides a panorama of what Snowden did and how the U.S. government, foreign governments, private companies, and civil society groups responded.

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Friend and Foe? U.S. Espionage against Other Countries

David P Fidler Indiana University Press ePub

Friend and Foe?
U.S. Espionage against Other Countries

The documents released by Snowden included many disclosures about U.S. intelligence activities directed against other countries. These NSA briefing slides, for example, provide evidence of U.S. government surveillance and espionage directed at Brazil’s political leadership and national oil company, Petrobas. Snowden also leaked information about U.S. intelligence efforts targeting Afghanistan, Argentina, the Bahamas, Chile, China, Colombia, Costa Rica, El Salvador, France, Germany, Honduras, India, Iran, Italy, Japan, Kenya, Mexico, Nicaragua, North Korea, Pakistan, Panama, Paraguay, Peru, the Philippines, Russia, South Korea, Spain, Turkey, the Vatican, and Venezuela. Snowden-provided documents also indicated that the U.S. government spied on international institutions and their meetings, including the European Union, International Atomic Energy Agency, Organization of Petroleum Exporting Countries, Summit of the Americas, UN, UN Climate Change Conference, and the World Bank. These disclosures increased the displeasure of foreign governments, which were already upset about U.S. surveillance of foreign communications. Fellow democracies, such as Brazil, responded with particular pique to being targets of U.S. spying. These slides on Brazil also highlight (see bottom of each slide) the special relationship of the so-called “Five Eyes”—Australia, Canada, New Zealand, the United Kingdom, and the United States—among whom these slides (and other documents Snowden disclosed) circulated. These disclosures did not connect to Snowden’s allegations that the NSA was violating the U.S. Constitution; instead they brought international law more directly into the debate about U.S. surveillance and espionage.

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Medium 9781626562691

Introduction Into the Hole

Schenwar, Maya Berrett-Koehler Publishers ePub

“Shit, shit, shit, shit, shit!” I’m crying with my mother over the phone. It’s late evening, December 25, 2012, and Kayla,* my only sister and best friend, has been arrested for the seventh time in the past six years. She’s in jail again—and this time, we’re sort of hoping she’ll stay there. “If she asks,” I tell Mom, “I’m not bailing her out.”

“Well, you know we’re not,” Mom says, her voice low and far away, a weary echo of words uttered in months and years past. “If she’s in there, at least she’ll be safe.”

Jail, we agree, may be the only place that can save Kayla’s life, staving off her burning dependency on heroin. Neither of us acknowledges that regardless of whether Kayla stays clean while incarcerated, sooner or later she’ll be getting out.

“Do we know what she’s in for?” I ask Mom.

“Does it matter?”

I think of Kayla, cuffed and listless, being dragged through the doors of the Cook County Jail, catching the eyes of women she’s known before—in court, on the street, in juvenile detention, in jail, in prison. I wonder whether a part of her is relieved to be back.

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Medium 9781574414325

Chapter 20 – Racism, Gangs and Violence

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER TWENTY

racism, riots, and gangs

A Time cover story in the early 1980’s declared the East Texas prison unit of Eastham “America’s Toughest Prison,” a distinction hotly disputed by other Texas prison units. The entire then-Texas Department of Corrections rocked after Judge William Wayne Justice ordered the building tender system dismantled as a result of Ruiz v. Estelle. Without its inmate goons to keep order, TDC was exposed as almost criminally understaffed.

Coupled with the mass resignings and reassignments of many old-time guards and wardens—who had flourished under Director W.J. Estelle’s term—the lack of supervision left a power vacuum that was soon exploited by burgeoning prison gangs. Flexing their muscles, the various gangs waged war for the right to control the prison drug trade and jumped at the opportunity to settle old scores. The murder rates rocketed as the media fueled the killing frenzy by publicly lamenting the records for violent deaths that TDCJ convicts were daily rewriting. Clemens, Ellis, I, Coffield, Ramsey I, Darrington—where a 1984 triple murder in a sunlit dayroom prompted TDC’s first system-wide lockdown as officials frantically tried to isolate gang members—all laid valid claims to the dubious title of America’s deadliest joint.

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Medium 9781626562080

Chapter 8 From Capital to Commons

Capra, Fritjof Berrett-Koehler Publishers ePub

Because of the tremendous might of the mechanistic trap, an irresistible evolution toward disorder and destruction, as predicted by the second law of thermodynamics, seems unavoidable in human affairs. This grim picture of the world as a machine running down because of immutable mechanical human laws can produce disempowerment and despair unless we realize that, like the laws of nature, human laws are not necessarily cast in the mechanistic vision that currently dominates the common understanding. Moving beyond the current common understanding thus requires a long-term strategy to make the systemic paradigm shift politically relevant. In this chapter, we discuss three strategic objectives to pursue: disconnecting law from power and violence; making community sovereign; and making ownership generative.

The most important structural solution to the rush toward final disorder is to restore some harmony between human laws and the laws of nature by giving law back to networks of communities. If the people were to understand the nature of law as an evolving common, reflecting local conditions and fundamental needs, they would care about it. People would understand that the law is too important to remain in the hands of organized corporate interests.1 We are the makers and users of the law. If we are alone in front of the law, we are inevitably afraid. However, together we are the law! We must understand that the only real power we have as individuals and communities is to choose how to look at the law in the community. Do we recognize it as fair and legitimate in the broader goal to save civilization? Do we decide to abide by it or not? How much are we willing to put ourselves at stake to avoid what Hannah Arendt called the banality of evil?2 We do not need to be heroes—we only need to develop an ecological perception of society. We need a vision that defeats economic-induced individualism by locating the law at the level of social networks and ecological communities. We need, as a society, to pierce the ideological veil of a legal system that is abstract and mechanical, “owned” by the state, and kept distant from individual people by the professionalized culture of corporate lawyers.

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Medium 9781574411522

Appendix I Resource List

Jorge Antonio Renaud University of North Texas Press PDF

Appendix I

Resource List

Following is a list of some organizations that offer services and assistance to prisoners and their families. Many of them offer other resource lists, generally in an area related to what services they extend. By asking them for resource lists, you can build a network of organizations suited to your particular needs.

Texas Inmate Families Association

(TIFA)

P.O. Box 181253

Austin, TX 78718-1253

(512) 695-3031 www.tifa.org

Advocacy group that provides support and resources for families of Texas prisoners. This organization works directly with prisoners’ family members, not prisoners. Has chapters throughout Texas and lobbies for change in the legislature, and often meets with top prison officials.

Info, Inc.

Inmate Families Organization, Inc.

P.O. Box 788

Manchaca, TX 78652 www.flash.net/infoinc

Advocacy group similar to TIFA, although newer.

Texas Citizens United for Rehabilitation of Errants (CURE)

P.O. Box 12623

Austin, TX 78711

Offshoot of national organization dedicated to organizing prisoners, their families and others for education and advocacy in criminal justice issues. Publishes quarterly newsletter, free to inmates.

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Medium 9781574411522

Appendix H Administrative Offices and Unit Profiles

Jorge Antonio Renaud University of North Texas Press PDF

Appendix H

Administrative Offices and Unit Profiles

Administrative Offices:

Offender Grievances

901 Normal Park, Suit 101A

Huntsville, TX 77342

(936) 293-4065

Offender Mail System

P.O. Box 99

Huntsville, TX 77342

(936) 294-6908

Risk Management (Safety)

P.O. Box 99

Huntsville, TX 77342

(936) 437-2500

Institutional Division (Ad/seg, Disc.)

P.O. Box 99

Huntsville, TX 77342

(936) 294-2169

Pest Control

One Circle Drive

Sugarland, TX 77478

(281) 490-1152

Sex Offender Treatment Program

P.O. Box 38

Huntsville, TX 77344

(936) 295-6331 ext. 241

Chaplaincy

2503 Lake Rd., Suite 19

Huntsville, TX 77340

(936) 437-5050

Laundry & Food Services

P.O. Box 99

Huntsville, TX 77342

(936) 437-5150

Health Services

3009 Highway 30 West

Huntsville, TX 77340

(936) 437-3570

Substance Abuse Treatment

1600 Financial Plaza, Suite 370

Huntsville, TX 77340

(936) 437-2850

Inner Change (Religious Program)

P.O. Box 99

Huntsville, TX 77342

(936) 294-2183

Classification & Records (good time, status)

P.O. Box 99

Huntsville, TX 77342

(936) 294-6231

Preventive Medicine (HIV/Hepatitis C)

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Medium 9781574414325

Chapter 8 – Recreation

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER EIGHT

recreation

TDCJ considers anything an inmate does out of his cell to be recreation, unless it is chow or part of his officially assigned duties. The official terms for recreation are either “programmatic activities,” which includes all officially sanctioned group meetings, and “non-programmatic activities,” which is essentially everything else.

Inmates spend most of their time at work, in their cells or socializing in the dayrooms or on the yard. Dayrooms are communal living areas. On most units, they open at 8 A.M. and close at 10:30 P.M. on weekdays and at 1 A.M. on weekends and holidays. They are open all day and are usually noisy and full of inmates. Most dayrooms have from four to ten tables, which seat four; from one bench to four, which seat from five to ten inmates; and have one or two televisions. Depending on the warden’s preferences, programs offered on television will range from the basic four networks to ESPN, USA, and various movie channels.

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Medium 9781574411829

10. Conclusion

Gail Caputo University of North Texas Press PDF

CHAPTER 10

Conclusion

SUMMARY OF RESEARCH ON INTERMEDIATE SANCTIONS

Intermediate sanctions have not been established long enough for researchers to determine their overall effectiveness. While some important and comprehensive evaluations have been conducted, much more research is necessary. Some of the research is favorable, for instance with respect to fine payments, completion of community service, and day reporting centers. Other research raises doubts about the effectiveness of intermediate sanctions, such as the effectiveness of military boot camp models and intensive supervision programs focusing on control and monitoring. Overall, the research to date has indicated that intermediate sanctions are not the panacea they were once promoted as being. The following overall conclusions can be drawn:

Very few offenders have participated in intermediate sanctions.

Although intermediate sanctions have proliferated over the past ten years, relatively few offenders who could have been placed have participated in these programs. According to Petersilia (1999), less than six percent of the total adult probation and parole population is participating in intensive supervision programs. Only about one percent of probationers and parolees are under electronic monitoring. On a typical day, there are no more than about 10,000 participants in boot camp programs. As to day

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Medium 9781623491376

11. Public Policy through the Crystal Ball

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

PUBLIC POLICY THROUGH THE CRYSTAL BALL

As Texas grows dramatically and copes with its normal periodic droughts, the issues surrounding its water and “confusing” water rights will need to be understood by everyone in order to have fruitful debates that lead to good public policy decisions. Even at times when water is plentiful due to rain and milder temperatures, the anticipated growth rate of our major metropolitan areas is expected to overwhelm our limited water resources. Individuals continue to skirmish over water rights, but the newest and most long-reaching conflicts are between thirsty, growing cities and water-starved rural agricultural interests.

According to David J. Weber, “There is a saying in the West that water does not run downhill. It runs toward money.”1 Cities can tax and issue bonds, thereby gathering money in large amounts to promote their legitimate interests in the courts. Farmers and ranchers are less able to build their coffers to the level needed to promote their legitimate interests in the courts. Going back to an earlier scenario, if a city draws too much groundwater away from a rural area, the rural area’s land values drop, resulting in a tax base decline. Without a compensating tax rate increase, public services that depend upon the value of the property tax base in the area, such as public schools, cannot help declining in quality. Texans scream loudly about tax increases, but all want the highest quality of education for their children. If rural water goes away, we then must ask ourselves, what lifestyle do we value more, rural or urban? How in the world do the citizens and elected leaders of Texas choose between these two lifestyles? By majority vote? Water is so crucial to the sustenance of human and all animate life, and also to the economic life of an area, that the decisions made about water rights in essence are decisions about lifestyle values.

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Medium 9780253356390

6 The Sex of Mobbing

Molé, Noelle J. Indiana University Press ePub

On the top floor of an old university building on a December day in 2004, the typical northeastern Italian fog hung so low that the windows were obscured by clouds. Inside, unlike the seemingly apathetic fog, I found the mood to be slightly tense. Eight women working in various professional capacities, from student to professor to technical assistant to attorney, were training to become mobbing counselors. Our guest lecturer for the day, a visiting psychologist and mobbing specialist, had distributed a case study for everyone to read and discuss.

Forty-year-old Maria, an assistant professor at a research university, had been collaborating with a full professor, Sandro, on research projects and publications for scientific journals for the past year. A few months after she began, Sandro began complimenting her regarding her physical appearance, calling her “sweetheart [tesoro],” and maintaining physical closeness when they worked together. He also made sexual allusions and innuendos while they were together that made Maria feel extremely nervous and uncomfortable. During a weekend conference, Sandro openly sexually propositioned Maria, and she refused his advances. At first he seemed to accept her decision. But upon their return to the university, he began confiding in various colleagues that he had serious doubts about the quality of Maria’s work. Aspects of a project that had been handled by Maria were reassigned to other colleagues in their department, and, quite unexpectedly, he removed her name from their joint publication. Maria has begun to worry what she did that provoked him.

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Medium 9781574413175

Appendix Two: Timeline

Bill Neal University of North Texas Press PDF

APPENDIX TWO

Timeline

1839

“Parson” Joseph Perkins Sneed, Tennessee circuit-riding

Methodist preacher, migrates to Texas and settles in Central

Texas area north of Austin.

1839

Tennessee native James Boyce migrates to Texas and settles in the same Central Texas area.

May 8, 1842

Albert Gallatin Boyce, son of James Boyce, is born near Austin.

1854

Dudley H. Snyder, Mississippi native, migrates to Texas at the age of twenty-one and settles a short distance north of

Austin.

1856

John Wesley Snyder, younger brother of Dudley H. Snyder, migrates to Texas, soon followed by a third Snyder brother,

Thomas Shelton Snyder. All settle in the same Central

Texas area.

July 24, 1875

Al Boyce, Jr., son of Colonel Albert G. Boyce and wife, Annie

Boyce, is born.

Dec. 30, 1877

John Beal Sneed, son of Joseph Tyre Sneed and wife,

Lillian Beal Sneed, and grandson of Joseph Perkins Sneed, the Methodist parson, is born.

Aug. 15, 1879

Lenora (Lena) Snyder, daughter of Thomas Shelton Snyder, is born.

Mid-1880s

Famous three-million-acre XIT Ranch carved out of Texas

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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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