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Medium 9781574413175

Epilogue: A. Snatching Victory from the Jaws of Defeat

Bill Neal University of North Texas Press PDF

EPILOGUE

A. Snatching Victory from the Jaws of Defeat

Spin-Doctoring, Dirty Tricks, and Whatever Else It Takes

WHEN AT THE END of Sneed’s second Fort Worth murder trial the jury shot back a “not guilty” verdict without even bothering to deliberate, much less to read the court’s jury instructions, Judge

Swayne was flabbergasted—stunned is perhaps a better word. Both

Judge Swayne’s words and his actions during and after the trial clearly demonstrated that he had no doubt—reasonable or otherwise—that

John Beal Sneed had intentionally killed Colonel Boyce without any legal justification. How, he puzzled, could the jury have gotten it so wrong?

Better question was, how did the defense manage to snatch victory from the jaws of a seemingly certain defeat? How did McLean and company manage to lay the sins of the son at the feet of the father and then convince the jury that it was somehow necessary to slay Colonel Boyce in order to “protect the home” of the killer?

And they did all of that despite the efforts of Judge Swayne during the second trial to rein in the excesses of the McLean team. Admittedly the judge was not entirely successful at that, but then what mortal judge could have totally repressed the combined aggression and forcefulness of McLean, Johnson, Scott, and John Beal Sneed himself—particularly when the prosecution lawyers did so little to assist him?

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Medium 9781574414325

Chapter 1 – Diagnostic

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER ONE

diagnostic

Since 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 9781902375014

5.9 Non-conformance works

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 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 9781902375014

2.6 Employees’ adaptability to change

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

8.2 The TQM philosophy

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 8

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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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

I

Y

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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Medium 9780253356390

5 Living It on the Skin

Molé, Noelle J. Indiana University Press ePub

An institution, even an economy, is complete and fully viable only if it is durably objectified not only in things . . . but also in bodies.

—Pierre Bourdieu (1990)

It was the spirit of capitalism made flesh.

—Upton Sinclair (1906)

It seems that Italian offices are, in reality, sick from mobbing.

—Barbara Ardù (1999)

Mobbing’s endangerment to health has been foundationally part of its national and transnational circulation, as in Italy’s minister of health’s proclamation that cigarette smoking and mobbing were among Italy’s top national health problems in 2000 (La Repubblica 2000b); and the 2001 European Parliament resolution which called attention to the effect of mobbing on workers’ health (Mobbing in the Workplace, A5-0283, 2001). These high-profile political actions reiterated and established a greater legitimacy for the notion that mobbing is indeed imperiling the health of workers, and in quite grave ways. But even though attention focused on mobbing as something that correlates with poor health, mobbing had not been distinguished from other work-induced factors for poor health, such as stress. So when, in 2003, the state occupational insurance agency, INAIL, codified a new illness, organizational coercion pathology (OCP), that resulted from mobbing, the terrain shifted dramatically (INAIL 2003).1 In less than ten years, mobbing had become not only a salient way of describing a set of vexing practices within the work environment, but also a psychological and physical medical pathology that could be grounds for workers compensation. While there was clear evidence that mobbing has consequences for workers’ health, such bare facts did not necessarily mean that it would become an institutionalized and codified way of engaging with the state. Workers’ bodily symptoms, bolstered by the robust authority of medical knowledge, allowed subjects to know mobbing, and they became a stable indicator of an otherwise elusively defined labor practice. The mobbing-related occupational illness OCP grants workers new discursive pathways and institutional mechanisms to critique neoliberalism and their own devaluation, while also resulting in both increased state monitoring and demands for biological proof for all claims. Mobbing, already linked to vast neoliberal economic changes and Italy’s historical labor protections, has become inextricably tied to bodies and health. The medicalization of mobbing has expanded the potential for workers to receive benefits and resources, even as it produced new structures of state surveillance that limited such possibilities. As workers struggle to define an agent behind their ill health, the body’s everyday breakdown becomes a way of knowing one’s subjectivity as a worker and a citizen. Quite ironically, then, precisely at a moment when the post-industrial workplace poses less visible physical risks, “health becomes the locus for discourses on civilian versus state rights and responsibilities” (MacEachen 2000: 323). The management of health becomes a vital technique of neoliberal governance, as Nikolas Rose suggests:

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Medium 9780749468750

6. Overcoming walls of doubt: excite and enrol stakeholders

Steve Bax Kogan Page ePub

06

Overcoming walls of doubt

Excite and enrol stakeholders

We need to hire mavericks; only people with this kind of a rebellious attitude can come up with innovative ideas and see them through to the end.

This notion of a maverick acting like a Lone Ranger to conceive of and succeed with a radical idea can and does work for entrepreneurs. However, in large organizations, if mavericks become lone rangers, though they still can and do conceive bright new ideas, they are rarely able to make them happen.

Many organizations have also romanticized the Skunkworks approach, originating in Lockheed Martin in the 1950s. They create a small team, separate it from the main organization and give it autonomy ring fence it to develop innovations. Again Skunkworks often do succeed in coming up with big ideas, but seldom does it translate into innovation success, especially in large organizations (Lockheed Martin, 1943).

Walls of doubt

A passionate team in an organization breaks through mental-model boundaries and succeeds in coming up with an orbit-shifting idea! Its been a great voyage of discovery so far and they are now ready to share it and showcase it to the rest of the organization. They also now need the expertise of other functions, others who have not been involved in the journey so far, to develop the idea into a working solution. The team believes the others will be equally excited and will come forward to contribute actively in growing the big idea into an in-market success.

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4.11 Conclusion

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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Medium 9781574411522

Appendix E Recreation Requirements

Jorge Antonio Renaud University of North Texas Press PDF

Appendix E

Recreation Requirements

Following are the minimum hours of recreation to be given each inmate, as agreed to under Ruiz. Units may offer more but not less. For these purposes, dayroom time is counted as recreation (rec) time. (In mid2001, staffing shortages were serving as an excuse for certain units to begin scaling back these requirements.)

G1, G2, and G3 Minimum—Four hours weekday, one of which must be in a gym or outside rec yard. Seven hours weekend, two of which must be in a gym or outside rec yard

G 4 Medium—Four hours weekday, one of which must be in a gym or outside rec yard. Five hours weekend, two of which must be in a gym or outside rec yard

G 5 Close—Two hours daily, outside rec only

Administrative segregation:

Level I—One hour out-of-cell rec each day, with at least two hours weekly outside; Or two hours out-of-cell rec five days per week, with two hour weekly outside; Or three hours out-of-cell four days per week, with three hours weekly outside. (The Level I schedule will be decided upon by the warden or his/her designee.)

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6 A Position for Tragedy

Gary M. Lavergne University of North Texas Press PDF

chapter six

A Position for Tragedy

“I don’t like him. He stares at me.”

—Linda Lowe

I

L

inda Lowe was not one to sit home alone with her two cats.

She very much enjoyed patrolling the Dallas nightclub scene to listen to musicians. On different occasions she had been a member of several “all-girl” musical groups. On Tuesday, June 26, 1984, she called her brother Wade and told him that later in the week she was going to a place called Ianni’s to listen to a band. Wade later related that she was looking for talented musicians to form a new group.1 She was an outgoing person who clearly liked being around others, so she may have grown tired of playing the piano by herself.

Linda was planning to surprise Wade for his upcoming birthday by picking him up in a limo and taking him out for a nice dinner. Those who knew Linda would not have been surprised by her “very generous” and considerate nature, her mother later said.

Linda even sent her brother a Father’s Day card. The bartenders at the nightclubs, who came to know her as a person and a performer, all gushed about how “sweet and nice” she was.2 No one, it seems, had anything negative to say about her—except Abdelkrim

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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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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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Medium 9780870819506

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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