313 Chapters
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6 The Voting Rights Act in South Dakota: One Litigator’s Perspective on Reauthorization

Edited by Daniel McCool Indiana University Press ePub

South Dakota received relatively little attention in the debates over reauthorization of the Voting Rights Act. The state is hardly mentioned in the legislative history of the 2006 reauthorization. It got not a word in the Supreme Court’s opinion upholding that reauthorization.1 Few people, including many voting-rights advocates, are even aware that the state was affected by the reauthorization. South Dakota is not one of the seven states originally covered by the special provisions of the Voting Rights Act,2 but it is a prime example of the need for continued – and expanded – coverage.

In the seven years preceding Congress’s decision to reauthorize the special provisions for another twenty-five years, Native American3 voters brought eight voting rights cases challenging virtually every level of government in the state.4 Together, those cases and the volumes of evidence they generated offer a compelling demonstration of the present-day impact of the Voting Rights Act and the continuing need for close federal oversight of state election processes. The cases also suggest that Congress may not have gone far enough to protect minority voters from the kinds of invidious voting discrimination that they face today.

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Medium 9781457109737

Chapter 5 General Civil Regulatory Jurisdiction

General, Conference of Western Attorneys University Press of Colorado ePub

P.180, n.89.      Add the following to the end of the footnote:

Another commentator, however, has suggested that “Congress should carefully deliberate” over proposed legislation that would extend tribal criminal jurisdiction to non-Indians and cited Justice Kennedy’s concurrence insofar as it stressed the importance of the “federal structure.” Patience Drake Roggensack, Plains Commerce Bank’s Potential Collision with the Expansion of Tribal Court Jurisdiction by Senate Bill 3320, 38 U. Balt. L. Rev. 29, 41 (2008); see also Ann E. Tweedy, Connecting the Dots Between the Constitution, the Marshall Trilogy, and United States v. Lara: Notes Toward a Blueprint for the Next Legislative Restoration of Tribal Sovereignty, 42 U. Mich. J.L. Reform 651, 700 (2009) (although questioning analytical legitimacy of Justice Kennedy’s concerns, concluding that “his opinion unequivocally suggests that to decrease its vulnerability, any restoration statute should, to the extent possible, provide for protection of individual constitutional rights”).

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Medium 9780253020925

4 Economic Interventionism, Islamic Law and Provincial Government in the Ottoman Empire

Schull, Kent F. Indiana University Press ePub

M. Safa Saraçoğlu

IN THIS CHAPTER, my intention is to make some observations on the transformation of Ottoman administrative involvement in the functioning of markets from the fifteenth to the nineteenth centuries. My intent is not a comprehensive treatment of the subject, but rather, to raise questions that can help us understand shifts in how markets were conceptualized in the eighteenth and nineteenth centuries. I argue that mechanisms that regulated the conduct of fair and legitimate market place exchange changed significantly in the Ottoman Empire from the fifteenth to the nineteenth centuries, as the rulers gradually abandoned an interventionist policy (using regulatory mechanisms such as price ceilings) in favor of noninterventionist state policies. Administrative intervention in markets was not a process that was easily accepted by medieval fiqh scholars, who claimed that it interfered with the free will of individuals in determining and declaring the value of their property. The Ottomans ignored these objections, however, particularly between the sixteenth and eighteenth centuries.

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Medium 9781574413175

Chapter 11: “No Trial for the Dead”

Bill Neal University of North Texas Press PDF

11

CHAPTER

“No Trial for the Dead”

The Vernon Murder Trial of John Beal Sneed

The Scene: The district courtroom in Vernon, Texas, February 11, 1913.

The Billing: The State of Texas v. John Beal Sneed, a murder trial.1

That billing, however, was somewhat misleading. What the packed courtroom witnessed when the curtain parted was less of a solemn, dignified, dispassionate judicial pursuit of truth and justice than . . . well, what would you call it? Part tragedy, part comedy, part farce, part melodrama, part pathos, part bare-knuckle brawl?

Whatever you called it, it was well larded with generous helpings of hyperbole, nonsense, and old-fashioned tent-revival-style hallelujahs and hellfire damnations.

The judicial cast for both sides was the same as it had been during the Beech Epting trial except the prosecution added Vernon lawyer Cecil Story to its roster while the defense added Vernon lawyer Harry Mason. Judge James Nabers again presided.

Jury selection proved both entertaining and revealing. Each prospect was tested on his views on the unwritten law. Several candidly admitted that they believed the unwritten law was higher than

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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 9781457109737

Chapter 11 Taxation in Indian Country

General, Conference of Western Attorneys University Press of Colorado ePub

P.465, n.7.      Add the following to the end of the footnote before the period:

; see generally Alex Tallchief Skibine, Tribal Sovereign Interests Beyond the Reservation Borders, 12 Lewis & Clark L. Rev. 1003, 1006, 1042 (2008) (reasons that “because the concept of territorial sovereignty, both in the United States and abroad, has been significantly eroded or modified, there are no valid reasons why tribal sovereign interests should be strictly limited to the reservation setting[;]” identifies tribal taxation of income earned by members residing off reservation as a possible application of this concept, with “the tribal income tax . . . treated the same as state income taxes relative to the federal income tax and . . . deducted from the amount of tax owed to the federal government”)

P.470, n.45.      Add the following to the end of the footnote before the period:

; see generally Scott A. Taylor, The Unending Onslaught of Tribal Sovereignty: State Taxation of Non-Member Indians, 91 Marq. L. Rev. 917, 976 (2008) (analyzing decisional authority relevant to the principle that nonmember Indians and non-Indians are similarly situated for civil regulatory purposes and that the rule “ignores [nonmember Indians’] important place in the history of Indian Country and . . . their current roles as mothers and fathers, husbands and wives, members of extended families, federal employees, tribal employees, teachers, lawyers, doctors, accountants, and entrepreneurs[;]” instead, nonmember Indians “were and are a critical part of the social, cultural, and political fabric of those communities that we call reservation Indians”)

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Medium 9780253017314

Rubber Stamp or Robust Tribunal? The Foreign Intelligence Surveillance Court

David P Fidler Indiana University Press ePub

Rubber Stamp or Robust Tribunal?
The Foreign Intelligence Surveillance Court

Controversies stirred up by the leaks of the telephone metadata and Section 702 programs included debates about the Foreign Intelligence Surveillance Court, a court unknown to most people and opaque even to those who study U.S. national security law. Congress established the FISC and the Foreign Intelligence Surveillance Court of Review in 1978 when it enacted FISA, but this secret court did not draw much attention until after 9/11. The FISCR heard its first appeal of a FISC decision in 2002 and published redacted, unclassified versions of decisions in 2002 and 2008. In the wake of Snowden’s disclosures about the telephone metadata and Section 702 programs, critics called the FISC a “rubber stamp”—a charge amplified by citing the FISC’s approval of almost every FISA application it reviewed. As seen in Robert Litt’s speech (Document 3), supporters argued that the FISC is a serious court that provides robust oversight. The U.S. government released the next document in September 2013 to counter the “rubber stamp” accusation. In this 2009 decision, the FISC suspends the NSA’s access to telephone metadata because the U.S. government violated FISC orders and made misrepresentations to the FISC. The U.S. government also declassified a 2011 decision (not included here) in which the FISC criticized the NSA for misrepresenting aspects of “upstream” surveillance conducted under Section 702 and held that NSA’s targeting and minimization procedures for such surveillance did not comply with the Fourth Amendment. The seriousness of the FISC’s analyses and decisions in these cases did not fit the “rubber stamp” critique. Critics, however, emphasized the NSA’s violations and misrepresentations as evidence that the FISC process needed major reform.

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Medium 9781574411522

16 Education

Jorge Antonio Renaud University of North Texas Press PDF

Chapter sixteen

education

I

f there is only one thing you can do to assist your convict friend or relative in his struggle to prepare for freedom and remain out of prison, that one thing should be to encourage him to get an education. You may believe that his lack of spiritual values, or his addiction, led to his criminal actions, and you want him to attend AA/NA and get involved in religious programs. This is good because he needs to address those issues also. However, he can’t read the Bible if he can’t plain read. He can’t complete the written portion of the Substance Abuse Treatment

Program if he can’t write. He won’t be able to hold down a job, or be involved in the life of his family or the larger society, if he doesn’t grasp the fundamental concepts that you take for granted—balancing a checkbook, following written directions, taking the state driver’s license test, or forming a simple budget. He will have no connection with his neighbor or society if he knows nothing of the basic milestones of our history or doesn’t understand the civic process.

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Medium 9780253017314

1 Security and Liberty: The Imaginary Balance

David P Fidler Indiana University Press ePub

NICK CULLATHER

If one truism captures the tenor of discussion surrounding the Snowden revelations, it is the recurring metaphor of balance between liberty and security. In May 2013, three days after Snowden fled to Hong Kong but before his disclosures began, President Obama maintained his administration was “working hard to strike the appropriate balance between our need for security and preserving those freedoms that make us who we are.”1 Later, as the magnitude of National Security Agency’s mass surveillance became clear from Snowden’s leaks, editorialists condemned the president in almost the same words: George W. Bush had “tipped the balance too far from liberty towards security,” wrote The Economist, “and it has stayed there under Barack Obama.”2

On December 16, 2013, a federal district judge ruled the NSA’s domestic telephony metadata program “probably unconstitutional,” and observed that the case was “the latest chapter in the Judiciary’s continuing challenge to balance the national security interests of the United States with the individual liberties of our citizens. . . . In the months ahead, other Article III courts, no doubt will wrestle to find the proper balance consistent with our constitutional system.”3 On December 27, 2013, another judge in a different circuit upheld the NSA’s telephony metadata program in dismissing a lawsuit from the American Civil Liberties Union. Referring to the 9/11 Commission, this judge stated that “[t]he choice between liberty and security is a false one, as nothing is more apt to imperil civil liberties than the success of a terrorist attack on American soil.”4

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Medium 9781574411829

7. Monetary Penalties: Fines and Restitution

Gail Caputo University of North Texas Press PDF

CHAPTER 7

Monetary Penalties:

Fines and Restitution

FINES

BACKGROUND

Fines are monetary penalties requiring the offender to pay money to the court as full or partial punishment for criminal offending. Other financial penalties, such as court costs and supervision fees, are not intermediate sanctions. Court costs offset the costs incurred by the court in the processing of a criminal case. Supervision fees are monies by a person under supervision and are commonly applied to offenders in an effort to offset the cost of corrections, such as probation supervision.

The fine is one of the oldest known penalties, dating back to before

Biblical times when it was used for punishment of criminal and moral offenses (Mullaney, 1988). In the 10th century, kings and other royal officials imposed fines for criminal punishments and by the 13th and

14th centuries, fines became one of the most frequently used punishments in Europe when criminal justice systems began to develop. Then it was commonly used in combination with capital punishment, exile, and public shaming (Peters, 1995). The fine remained a viable penalty in

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13 General and Law Libraries

Jorge Antonio Renaud University of North Texas Press PDF

Chapter thirteen

general and law libraries

A

ll TDCJ units provide inmates access to both a general library and to a legal library. However, access to the general library is considered a privilege that can be revoked for disciplinary infractions. On the other hand, every inmate in TDCJ—whether in solitary confinement, in the lowest levels of administrative segregation, or in transit—will be able to either visit the legal, or law, library or have legal materials brought to him. The courts have held that TDCJ cannot deny any meaningful access to the courts, and the system, in my opinion, has done a decent job of fulfilling that mandate.

While access to the legal libraries is pretty uniform throughout the system, there is a wide gap between what access is allowed by the different units to their general libraries. The libraries are attached to the unit educational departments and are usually supervised by librarians with free-world training and staffed by TDCJ officers with a few convict clerks to perform the checking in and out of books, updating card catalogues, etc. Access to the library itself is dictated by security. As security on the different units is dictated by the attitude of the wardens and higher-ranking officers, one unit may be more accommodating of inmates who desire to use the library, while others may consider it an unnecessary

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Medium 9781626562691

9 The Peace Room

Schenwar, Maya Berrett-Koehler Publishers ePub

When we think about the prison abolitionist movement ... it’s not “Tear down all prison walls tomorrow,” it’s “crowd out prisons” with other things that work effectively and bring communities together rather than destroying them.

—Andrea Smith, INCITE!: Women of Color Against Violence 1

As spring exhales its way into summer, I pay a visit to Manley High School in Chicago’s North Lawndale neighborhood. In 2007, Manley logged the most “violent incidents” of any high school in the city—though of course such rankings will always be subjective, depending on which incidents are reported, which are dubbed violent, and who’s counting.2 Largely attended by black and Latino students, it’s prime ground for the school-to-prison pipeline, in which school-based arrests pave a quick path to early incarceration. Research by Project NIA found that about one out of five juvenile arrests in Chicago in 2010 took place at a school. Seventy-five percent of those arrested were black youth, even though black kids make up only 42 percent of the Chicago school system.3

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Medium 9781623491376

9. Water and Everyday Real Estate Transactions

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

WATER AND EVERYDAY REAL ESTATE TRANSACTIONS

Water rights and everyday real estate transactions set the market value of land and have far-reaching consequences for every Texan. Today, assessing the water characteristics of property presents unique challenges to buyers, sellers, lessors, lessees, and real estate agents. The water scarcity predicted in our future requires potential buyers to consider a variety of heretofore less-often-considered assessment criteria. Likewise, the potential of future water scarcity requires sellers and their real estate agents to exercise extreme caution and prudence in their duties of disclosure of the water situation of any property being offered for sale.

LOOKING TO THE FUTURE

The TWDB’s State Water Plan for 2012 posed this primary question: “Do we have enough water for the future?” The answer was unequivocally that we did not. According to the plan’s executive summary, “We do not have enough existing water supplies today to meet the demand for water during times of drought. In the event of severe drought conditions, the state would face an immediate need for additional water supplies of 3.6 million acre-feet per year with 86 percent of that need in irrigation and about 9 percent associated directly with municipal water users. Total needs are projected to increase by 130 percent between 2010 and 2060 to 8.3 million acre-feet per year. In 2060, irrigation represents 45 percent of the total and municipal users account for 41 percent of needs.”1

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Medium 9781902375014

2.12 Conclusion

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 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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