Lawrence v. Texas: Outcome and Impact

Section 1 of the Fourteenth Amendment to the Constitution of the United States of America guarantees the equal protection of laws to every citizen. Therefore, everyone has the right to a fair trial and to be treated equally. Nevertheless, the idea of this amendment was compromised on multiple occasions due to American courts homophobic decisions. The situation changed in 2003 when the case of Lawrence v. Texas ended up in the Supreme Court. In September 1998, police arrived at Lawrences house, following a report from a citizen, who, allegedly, had seen an unstable man with a gun. When inspecting the house, the officers caught Lawrence engaged in a consensual sexual act with Tyron Garner. The two men were arrested and later found guilty of violating the Texas Homosexual Conduct. This paper aims to demonstrate that John Lawrence and Tyron Garner were wrongfully convicted, which violated the Fourteenth Amendment.

Such sodomy laws deprive members of the LGBTQ community of their fundamental rights. As it turned out, the call to the police was made by Lawrences jealous ex-lover, who lied about the man with a gun and knew the police would catch Lawrence and Garner in the middle of an act. The defense insisted that the conviction was based on homophobic principles, as the Texas law does not prohibit the same sexual acts between men and women (Pierceson, 2019). Subsequently, having had a series of appeals denied by local courts, Lawrence addressed the Supreme Court, which agreed to hear the case. The decision was six-to-three, presented by Justice Anthony Kennedy. The Court based its ruling on the fact that the sexual act in question happened between two consenting adults and there was no third-party hurt by their actions. As Pierceson (2019) says, the Court invalidated sodomy laws in the USA and ruled that the choice of LGBTQ adults to choose a partner of the same sex is constitutionally protected (p. 259). Therefore, Lawrence and Garner were wrongfully convicted, as they were both adults engaged in a consensual sexual act.

In general, anti-sodomy laws were common in the United States since the formation of the country. Pierceson (2019) defines sodomy as non-procreative sexual activity (p.258). At the same time, penalties for such activity went down for opposite-sex couples, while the term itself became associated with gay relationships (Pierceson, 2019). It was believed that the public needs to be protected from sodomy and public sexual acts. Strader and Hay (2019) note that such wrongful convictions often begin with a call from a concerned citizen. Alarmed by a report of public sexual activity, the police arrive at the spot and place suspects under arrest with a subsequent wrongful conviction, as was the case for Lawrence and Garner. Strader and Hay (2019) say that law enforcement agencies are usually unable to present any evidence in favor of such reports. Moreover, according to Strader and Hay (2019), even if complaints do exist, they are often a product of societys homophobic attitudes (p. 501). This tendency directly violates the Fourteenth Amendment, as same-sex partners are targeted by law enforcement on the sole basis of their sexual orientation.

Homophobia in the United States had hurt many people before the Supreme Court voided sodomy laws in 13 states. According to the Williams Institute report, there are over 770,000 LGBTQ adults and 158,000 young people living in Texas alone (Mallory et al., 2017). Following the Supreme Court decision, same-sex marriage was legalized in Massachusetts several months later, and in twelve more years, homosexual marriage became legal in all of the United States by the Supreme Court decision (Pierceson, 2019). Nevertheless, the Williams Institute report says that although Texass sodomy law is no longer enforceable after Lawrence, the law remains on the books and continues to have lingering negative effects on LGBT people in the state (Mallory et al., 2017, p.12). According to the report, police threatened to arrest two men after they kissed in a restaurant in El Paso in 2009 (Mallory et al., 2017). The case was settled out of court, which indicates that serious progress has been made since the Supreme Court ruling in 2003. Even though homophobic ideas may persist among some people, the LGBTQ community now officially has its constitutional rights guaranteed by the Fourteenth Amendment.

All in all, the case of Lawrence and Garner v. Texas became a classic example of wrongful conviction based solely on homophobic laws and ideas. The hearing attracted the publics attention to the injustice and the Supreme Court of the United States had to make a hard yet, fair decision. Lawrence and Garner were found innocent, and their story led to a brighter future for the LGBTQ community. This landmark case resonated for years after the ruling, forever changing the countrys political and social landscape. anti-sodomy laws voided by Court were shortly replaced by those that legalize same-sex relationships and marriage, making the lives of millions of people better and happier.

References

Mallory, C., Brown, T. N, Russell, S., & Sears, B. (2017). . UCLA: The Williams Institute. Web.

Pierceson, J. (Ed.). (2019). LGBTQ Americans in the U.S. political system: An encyclopedia of activists, voters, candidates, and officeholders. ABC-CLIO.

Strader, L., & Hay, L. (2019). Lewd stings: Extending Lawrence v. Texas to discriminatory enforcement. American Criminal Law Review, 56(2), 465509.

The Legal Requirements of Owning a Cemetery in Texas

Adams, R. (2017). Whistling past the graveyard cemeteries in Texas. Texas A&M University. Web.

The article discusses the principle governing regulations of owning a cemetery in Texas, stating the most recent statutory definitions change. Moreover, it talks about the legal matters of establishing a cemetery and procedures for removing it. The author of the article is a research scientist at the A&M University of Texas, hence, is credible. The intended audience of the piece are people seeking to establish or demolish a cemetery on private property. The article understandably elaborates on complicated legal matters, making comparisons with other reports that formally provide related information. The source is relevant as it covers the objectives of the study through in-depth research.

Bisnow. (2017). Urban cemeteries running out of space as baby boomers enter twilight years. Forbes. Web.

The Forbes article talks about the lack of burial space in urban areas and issues that will appear in the future. The author states reliable statistics and costs to provide extensive evidence about the problem. The article explains the reasons for such lack of space and high prices and makes future predictions. The author is a former Forbes contributor, Bisnow  an international digital media company. The intended audience is presumed to include the baby boomer generation, as well as people living in urban areas. The article is of utmost relevance to the paper, as it vividly and profoundly demonstrates the issue of the research, providing relevant data to reaffirm it.

Drabble, B. (2019). Dying to get in: Cemeteries on private property are private cemeteries legal in Texas? Funeral Consumers Alliance. Web.

The primary purpose of the article is to discuss cemeteries on private property in Texas and provide relevant legal data regarding that matter. The author exposes the most common restrictions that a person may face upon establishing a burial on the private property and how they can be overcome. Additionally, the article includes links to all legal documents with requirements to reaffirm the evidence on the provided information. The articles author, Bill Drabble, is an authorized attorney specializing in representing property owners, and therefore is competent in the discussed matter. The text is highly relevant to the research and is unique as it includes the discussion of a private burial establishment.

Tang, J. (2019). Cemeteries use a lot of space and are terrible for the environment. Is there a better way? Greater Greater Washington. Web.

The article mainly discusses the issue of the lack of space for cemeteries and their impact on the environment. It also provides predictions of the population growth in relevance to the available burial space, concluding on the matter that there will be not enough cemeteries, referring to the example of Washington and North Virginia. The article touches on the environmental impact of such burials with statistical information. The intended audience is primarily East Cost residents but can be applied to all Americans. This article is relevant to the research, providing data on the lack of burial area and relating it to the environment, which is unique compared to other references. The articles author is a specialist in policies and a researcher, making her a credible person.

Texas Cemeteries and Crematories Association. (n.d.). Establishing a family cemetery. Web.

The legal paper includes information on establishing a cemetery under Texas laws, providing local regulations about the sizes, depth of graves, and other relevant information based on the Texas Health and Safety Code. Additionally, the report offers advice and consideration for people planning to build a cemetery to avoid any misconceptions and problems with the government and local citizens. The author of the article is a government agency and, therefore, can be considered reliable for the research. The information is relevant to the paper, providing specific data on the researched topic. The intended audience is deemed to be Texans, who plan to establish a burial, or out-of-state people planning to build such property on Texas grounds.

References

Adams, R. (2017). Whistling past the graveyard cemeteries in Texas. [PDF document]. Web.

Bisnow. (2017). Urban cemeteries running out of space as baby boomers enter twilight years. Forbes. Web.

Drabble, B. (2019). Dying to get in: Cemeteries on private property are private cemeteries legal in Texas? [PDF document] Web.

Tang, J. (2019). Cemeteries use a lot of space and are terrible for the environment. Is there a better way? Greater Greater Washington. Web.

Texas Cemeteries and Crematories Association. (n.d.). Establishing a family cemetery. [PDF document]. Web.

Chapter 15 of Texas: The Lone Star State by Richardson et al.

The fifteenth chapter of Richardson et al.s Texas: The lone star state focuses on the events of the early 1900s as Texas transitioned into a new century as a diverse and modern state after the tragedies and unrest of the Civil War and the Reconstruction. Approximately 80% of the population still lived in rural areas, and work patterns often changed little from pioneer days. Even larger cities experienced lax lifestyles that were not as demanding. However, urban Texas was gradually growing, due to the advent of new technologies such as electricity and light industries as well as telephones. Railroads, first automobiles, and electric streetcars made transportation easier. Urbanization occurred largely due to industrialization as industries sprung up and expanded near the urban areas. One of these industries, oil, made Texas a completely different economy and state almost overnight. Although oil production was ongoing in the 1890s, the discover of oil on Jan. 10, 1901 on Spindletop Hill demonstrated the immense amounts of oil that the Texas land held, and brought on a new age of wealth and industrialization (Richardson et al., 2010).

At the same time, the 20th century saw various social changes as well. Public leisure activities became more common, particularly an attraction in urban areas. Public healthcare became greatly established with building of hospitals and professionalization of nurses. Education, riding on the progressive boost of the late-19th century saw increased interest and investment. There was some progressive changes for certain populations such as women gradually attained more rights and generally enjoyed more freedoms than in other states. Meanwhile, Texas was becoming very diverse with greater participation of African Americans in the labor force (as well as politics and education) and the incoming immigrants from Europe and Mexico who were attracted by the freedoms and prosperity of Texas. Culturally, Texas which was not commonly seen as a leader in the arts, saw a rise in both academic literature as well as fictional literature and creative arts being produced in the Lone Star state, establishing it as truly a diverse, strong state of the Union. The three main ideas of this chapter are transition into the new century, technological adoption and oil boom, lifestyle and cultural shifts.

References

Richardson, R. N., Anderson, A., Wintz, C. D., & Wallace, E. (2010). Texas: The lone star state (10th ed). Routledge.

Chapter 13 of Texas: The Lone Star State by Richardson et al.

The thirteenth chapter of Richardson et al.s Texas: The lone star state deals with ongoing events on the Western Frontier after the Civil War. The early years saw significant pushback from Indian tribes against the settlers, and despite the military setting up a chain of forts for defenses, it was inadequate protection at first. Meanwhile the federal policy for years was aimed at negotiating peace and treaties, despite evident failures. The raids and massacres grew continuously worse including the Salt Creek Massacre of 1871, which resulted in massive mobilization and retaliation by the U.S. military. The Indian tribes were quickly defeated and accepted peace, but from then on, it was a universal drive to push Indians further back from Texan territory. This took a 3-part approach, each differing in effectiveness  1) the military, 2) the rangers, and 3) buffalo hunters. Military was for massive resistance and attacks, rangers made raids extremely dangerous for the Indians, while buffalo hunters massively eliminated the living creatures that were both sacred to the tribes as well as their primary methods of survival. These conflicts were both necessary but extremely violent and devastating as the Indian civilization was being eliminated.

With the Indians being driven out, it provided an opportunity for Texans to settle in the region. Their economic growth and resources stemmed from farming as well as the rapidly growing industry of cattle. Representing a symbolic period in Texan history, the Cattle Kingdom was formed in the West and South of Texas. Ranching was established, and along with its development transportation systems to the region expanded as well as efforts to establish reliable water supply. Cattle drives became prevalent, driving the massive cattle to the Northern markets. Ranging established its own unique subculture in Texas with cowboys and other aspects but was a critical contributor to the growth and prosperity of the state in this post-war period (Richardson et al., 2010). The three main ideas of this chapter are conflict with the Indians, the systematic eradication of Native American tribes, and the cattle-focused economy of West Texas.

References

Richardson, R. N., Anderson, A., Wintz, C. D., & Wallace, E. (2010). Texas: The lone star state (10th ed). Routledge.

Chapter 12 of Texas: The Lone Star State by Richardson et al.

The twelfth chapter of Richardson et al.s Texas: The lone star state deals with the political, economic, and social realities of the aftermath of the Civil War in Texas. There was significant political upheaval as the Democrats took power in the legislation in 1872, the governorship in 1873, and ratified a new Constitution after a state convention in 1876. Eventually, the judiciary was also overturned as legislative maneuvering allowed for judges to be replaced and a new state Supreme Court to be formed, with Democrats filling vacancies. Overall, it began a period of almost a quarter of a century of conservative Democratic rule, supported by the majority white, farmer population. Meanwhile, the Republicans were in the significant minority due to both their loss of identity as a party and association with African Americans as a prevalent supporting population for the party across the country.

In the midst of the democratic leadership, Texas was undergoing various socioeconomic changes. In the context of the political and constitutional conventions, several issues were especially relevant to Texans at the time. This included economic growth, crime and public indebtedness, agricultural depression, railroad expansion and industrialization, use and sale of public lands, and financing of public education. The Democrats believed that economic entrenchment was better than aggressive reform, and this led to significant agrarian discontent. Some other policies such as attempting to sell public lands were largely a failure, unable to generate revenue to decrease public debt. However, with a frugal and effective approach, changes were made that improved that economic status, law and order, and public services financing across the state.

In the years of democratic leadership, there were significant changes to the state economy. First, the railroad expansion was greatly seen, demonstrating progress since before the Civil War with many new connections being built both in critical junctures as well as in the context of further Westward exploration. The increased presence of railroads allowed for rapid commercialization of farming as train freight rates were at least twice as cheap in comparison to wagon trains, giving Texas farmers access to lucrative markets. At the same time, this allowed for this majorly agrarian state to develop industrialization, including in the context of building materials for construction and expansion, producing goods that farmers bought now that the majority of their product went to market, and to package some of the farm products being shipped across the state and country (Richardson et al., 2010). Overall, despite some policy errors, the Democratic governance in the state produced a period of economic growth and stability which impacted the socioeconomic status quo and raised Texas a strong state power again. The three main ideas of this chapter is legislative/political reform, addressing vital social issues, and economic growth.

References

Richardson, R. N., Anderson, A., Wintz, C. D., & Wallace, E. (2010). Texas: The lone star state (10th ed). Routledge.

The Mexican American Experience in Texas

Introduction

In 1845, Texas was annexed by the United States to become the 28th state. Having been part of Mexico until 1836, a group of American settlers living in Mexico Texas declared independence calling their new country the Republic of Texas. For nine years, the newly declared Republic of Texas was an independent state (Menchaca 50). The pro and anti-slavery political factions argued over the issue of whether Texas should expand slavery. The U.S politics was fractured, between the inter and intra-part battles, over the annexation, and concerns revolved around whether the country should be a pro-slavery or anti-slavery state. The divisions were later associated with the Civil War in the 1860s. Eventually, Texas was admitted to the United States as a slave state (Minor and Justin 81). The annexation contributed to the Mexican-American War between 1846 and 1848. In part, the conflict began on whether the Rio Grande or Nueces was Mexicos rue northern border

Historical Debate

There were two main arguments associated with the U.S. annexing Texas. On one side, no Congress wanted to upset the pro vs. the anti-slave balance. Every political leader tried to maintain peace between the northern and the southern states, and an extra free or slave state would begin an uproar (Minor and Justin 87). On the other side, Americans believed the annexation would cause conflict between the U.S. and Mexico. However, the Mexican state had not yet acknowledged Texas as part of it. The annexation was an appealing issue to the British since they did not entertain the notion that the United States would expand westwards (Menchaca 51). The two sides agree that Texas should be annexed as part of the U.S. However, their disagreements were whether the state should be a free or slave state (Menchaca 53). The other disagreement from the people was the impending conflict that would later happen between the U.S. and Mexico.

The evidence used on whether Texas should be an anti or pro-slavery state was based on popular sovereignty. According to popular sovereignty, the people living in the new territories decided to choose whether they wanted free or slave trade (Menchaca 56). The evidence on whether the U.S. annexation would cause war between the U.S. and Mexico was based on two main reasons. The first reason was that Americans were being killed on American land by Mexicans (Minor and Justin 94). The other was associated with the desire to expand westward, hence having California fully.

Conclusion

The reading changed the way I understood the subject since I can now better interpret the meaning associated with the topic. Moreover, I can now better communicate on the issue since I have a different perspective on annexation. The issues presented in the reading are still relevant since they help inform my understanding of how and why the U.S. incorporated the state of Texas. Despite the war that followed the annexation, the U.S. came out victorious with the 1848 Guadalupe Treaty (Minor and Justin 98). When asked to tackle a national or global issue, the reading would help me by factoring in the concerns presented by the involved parties. Subsequently, I would employ my understanding of the pros and cons of the issue to determine which side deserved to have victory. Eventually, I would base my understanding of solving the challenge on the existing protocols between the two sides to help inform what should happen next.

Works Cited

Menchaca, Martha. The Mexican American Experience in Texas: Citizenship, Segregation, and the Struggle for Equality. University of Texas Press. 2022.

Minor, Benjamin B, and Justin H. Smith. Annexation of Texas. Great Neck Publishing, 2017.

The Texas Board of Nursing Licensing

Based on the Texas Board of nursing consequences are taken by a DWI 9 license obtained by an RN on an annual renewal form in Texas within nine months. In Texas, handling such a scenario requires the Texas Board of Nursing (TBON) to think that not all complaints about a nurses capacity to practice safely will need the same level of board involvement or result in disciplinary action. Furthermore, the TBON thinks that substance use disorders are curable diseases and that nurses who have made a stable recovery may safely offer care to patients in specific circumstances (Bettinardi-Angres, 2020). In this case, the Registered Nurse should expect a Tex. Occ. Code 301.4521.

The board of nursing considers all of the details surrounding the specific incidents in the issue. In some situations, there may be a need for occasional drug tests, letters of recommendation, assessments from current and previous employers, and signed records of support groups. Individual participation in a Texas Board of Nursing-approved peer help program may be one of the fines. Because this is a second infraction, it may subject the nurses license to probation and other limitations (Bettinardi-Angres, 2020). If the RN follows the boards ruling and suggestion, the outcome will be good, with the board giving the nurses license. However, the decision might go either way based on the situation.

The RN with a current New York license that has moved to Texas and applied for a Texas license. On application, she wrote that she was convicted of Medicaid fraud ($ 5,230.00) four years ago be off probation in six months. In this circumstance, the nursing board will examine the case as if it were any other. According to Texas Board of Nursing policies on fraud, will thoroughly investigate various factors surrounding this event. However, the board clearly defines fraud over $5,000 as a felony (Stowell et al., 2020). In such a situation, the board will advise the nurse because it will most likely deny the practice license based on this information. If the nurse license is approved, it will very certainly come with conditions, such as the nurse not being allowed to work with Medicare patients.

References

Bettinardi-Angres, K. (2020). Nurses with substance use disorder: Promoting successful treatment and reentry, 10 years later. Journal of Nursing Regulation, 11(1), 5-11.

Stowell, N. F., Pacini, C., Schmidt, M. K., & Wadlinger, N. (2020). Senior health-care fraud under investigation. Journal of Financial Crime.

The Texas STEM Education Toolkit Reflection

The Texas STEM education toolkit provides a variety of insights and suggestions in regard to the current implementation of STEM within classrooms. First, the importance of awareness and engagement is highlighted. As suggested by the Texas Education Agency, this can only be achieved through a cooperative effort of educational organizations and community members. In the case of students within schools, this would require parental engagement, specifically with STEM themes, activities, and events. This component of the report is vital as it suggests that extracurricular or additional activities are vital in cementing strong STEM skills among students. As such, efficient management and organization of relevant programs, tools, and experiences are necessary for educational organizations and facilities. As such, the resources provided by the Texas Education Agency are informative and instructive in elements that contribute to improved STEM awareness. Two specific components are especially prominent and will be discussed in this reflection. First, the elimination of misconceptions is vital in outlining programs that are direct and prioritize clarity. Second, the toolkit describes modes of thinking, with design thinking being vitally relevant to the administration of STEM programs.

Misconceptions about STEM can be substantial and can directly affect the ways in which STEM is integrated into educational life. As such, addressing these misconceptions is essential for the introduction of STEM topics to students. The toolkit provided by the Texas Education Agency highlights the most prominent misconceptions and accurate and clear responses to them (Texas Education Agency, n.d.). The first addresses whether all elements of STEM are taught as equal subjects. The toolkit successfully illustrates that all STEM subjects are really deeply inter-connected and STEM-focused educational activities prioritize the development of thought processes. It is also vital to note that STEM-based programs are often centered on problem-solving and challenge-driven tasks and experiences. However, as the toolkit explains, such challenges come in a great variety and not all STEM-focused processes are driven by complex problem-solving. The most common misconception that is harmful to STEM in school is the belief that STEM subjects may only be introduced within high school classrooms. In fact, the toolkit proposes that it is essential for STEM subjects to begin much earlier in order to increase students preparedness. The analysis and discussion of these misconceptions are important parts of the report as they directly relate to many of the issues that may appear within STEM-focused class programs.

Design thinking refers to a methodology that is creative and user-centered in nature. It presents an alternative approach to problem-solving to a more common mathematical and engineering approach. The central elements of the thinking method include empathy, context, creativity, insight, rationality, and the analysis of feedback (Texas Education Agency, n.d.). Design thinking may often be inserted into programs or tasks unknowingly, but using it intentionally can be very beneficial for furthering STEM education. Much like other methodologies, design thinking is still focused on a solution and relevant actions in order to engage in problem-solving. However, these results may achieved through methods that rely more deeply on imagination, logic, and intuition. This form of confronting STEM-based challenges may be more efficient for younger students or those who prefer alternative approaches. It reflects the Engineering Design Process by following a similar path that includes empathizing, defining, considering, prototyping, and testing solutions. The design thinking method can thereby benefit the development and performance of STEM-based programs and events.

References

Texas Education Agency. (n.d.). . Texas Education Agency. Web.

Texas Education Agency. (n.d.). . Texas Education Agency. Web.

Knowledge Management at Texas Electrical Power Grid-Texas

The responsibility of the electricity supply in Texas lies on the Electric Reliability Council of Texas (ERCOT) that supplies about 85% of electricity use in the state (State Impact, 2013). The areas not covered by ERCOT are supplied by western connection and eastern connection. The ERCOT was created in 1970 to succeed Texas Interconnected System (TIS).

The ERCOT occupies a unique position in the sense that it is not connected to the national power grid but operates as an Independent System Operator (ISO).

The ERCOT avoided joining the national grid due to the nature of the electricity generation in Texas. Electricity supply in Texas traces its origins on the need to smelt aluminium and light towns. In this context, small power plants had sprouted to generate electricity within Texas for their specific uses in their locality.

It is these small power plants that interlinked within Texas to form TIS which was the predecessor of ERCOT. At this time, Texas was self reliant and didnt need to import electricity from neighbouring states. By the time the federal government formulated rules governing interstate electricity transmission, Texas already had its own self reliant intrastate electricity grid and didnt see the need to join the national grid.

Texas is a heavily industrialized state and endowed with energy intensive industries demanding high usage of electricity. In this context, Combs (2013) notes that:

Texas produces and consumes more electricity than any other state, accounting for more than one-tenth of total U.S. energy use. Texas energy use is tied to its large population, hot climate and extensive industrial sector. As compared to the U.S., Texas has a high concentration of energy-intensive industries, including aluminium, chemicals, forest products, glass, and petroleum refining. Industry accounts for 50 percent of all energy used in Texas, compared to a 32 percent share for the U.S. as a whole (p.1).

Texas power demand was at over 60,000 Megawatts (MWs), in the years 2009 and 2010 experiencing the second highest power demands ever at 63,400 and 65,776 MWs respectively (State Impact, 2013). Wind production of electricity has continued to form an integral part of electricity generation in Texas. Indeed, in 2006 Texas State was the highest wind producer of electricity in the US, a spot previously reserved for California State.

Power Outages in Texas

The unique position that ERCOT occupies as an ISO means that it cant tap into the national grid as it is not connected to it (ERCOT, 2013; Texas Government, 2013). This has sometimes occasioned power outages, especially during the peak hours. In order to avoid a full power blackout, the ERCOT initiates rolling power outages on a basis of the need.

A rolling power outages refer to a situation in which the power supply company such as ERCOT shuts off power in different regions of distribution to avoid total black outs. Sometimes rolling power outages have been conceived as load shedding as it reduces the load in the power grid.

Over the years, Texas region has experienced several rolling power outages. In 2011 Texas suffered one of its worst rolling power outages that lasted for more than 8 hours (Souder, 2011; Giberson, 2011). According to Souder (2011), the rolling power outages that lasted sometimes to periods of 45 minutes were occasioned by the cold weather causing &7000 megawatts of generating capacity to trip (p.1). The Texas power outages are generally produced in two scenarios: very cold weather or very hot periods.

The cold weather causes some power plants to freeze and break down hence producing less energy to the Texas grid. On the other hand, a hot season leads to an increase in power demand due to increased use of fans for cooling purposes. In this context, Texas electricity outages are tied to the weather pattern. Sometimes Texas has been forced to import electricity from Mexico. This wouldnt have been the case had Texas been linked to the national grid.

Problem Statement

There are several problems facing the ERCOT ability to avoid power outages in Texas. These problems include increasingly small power reserve margins, evolving regulation in energy sector, weather patterns and profitability of power generation amongst other issues.

According to Galbraith (2011), power reserve margin which is the &safety buffer the state uses when there is a shortage& is increasing under the current expanding power demands (p.1). Indeed, state impact (2013) makes the following observation in regards to growing population and the effect of the same to the electricity reserve margin.

Texas population is set to double over the next fifty years, and companies are flocking to set up shop in the state. By 2015, the reserve margin is set to dip below its target, even with the new generation factored in, and it isnt clear if the new plants needed to get above the line will fire up in time for the peak of summer 2014. But the updated forecast does potentially give the market and regulators more time to come up with more solutions to the states power crunch beyond simply raising prices (p.1).

The solution to this particular problem lies in the construction of more power plants in order to increase the reserve margin (UPDATE 3-ERCOT sees another tight summer for Texas power supply, 2013). This way with an increased power reserve margin, the ERCOT would be in a better position to respond to the increasing power demands.

However, consumer advocacy groups have opposed such moves based on the fear that construction of more power plants would increase the prices of electricity. This has the effect of discouraging construction of power plants since they would want to recoup the finds utilized in the construction through increased prices of electricity. On the other hand, environmentalists have also joined the fray demanding energy saving measures as opposed to producing more energy.

The unique position in which Texas power grid is not connected to the national grid has also contributed significantly to the risk of outage. This is because it implies that whenever there is a need such as is the case with power demand peak, ERCOT cant tap into the national grid in order cover its shortfall.

Increasingly regulatory directives from the federal authorities are further complicating the ability of ERCOT to adequately supply the Texas users. A good example is the Environmental Protection Agency (EPA) regulation which seeks to limit the air pollution from power plants. This has the effect of discouraging power plant construction which is what is badly needed.

Changing weather patterns and the challenges associated with them in regards to electricity production or consumption as outlined above is another challenge to ERCOT. Another emerging concern has been the water utilization that is sometimes occasioned by droughts. Coal and gas plants need massive amounts of water to act as coolant. In drought seasons the water for this may not be sufficient for cooling purposes leading to a situation where plants are not running at full capacity.

Another challenge associated with availability of water is the construction of new coal plants. Service providers are increasingly unable to supply the existing power plants and any other that may be planned. This has hugely been demonstrated by the decision of Lower Colorado River Authority not to supply a proposed power plant (White Stallion) with water.

Knowledge Management in solving Texas electricity challenges

Knowledge management is a concept that has emerged from early 1990s. Davenport (1994) and Duhon (1998) are some of the noted authorities who have given formal definitions of knowledge management (Koenig, 2012).

Davenport (1994) as cited by Koenig (2012) defined knowledge management as &the process of capturing, distributing and effectively using knowledge (p.1). On the other hand, Duhon (1998) offers a more comprehensive definition. Duhon (1998) as cited as by Koenig (2012) defines knowledge management in the following way:

Knowledge management is a discipline that promotes an integrated approach to identifying, capturing, evaluating, retrieving, and sharing all of an enterprises information assets. These assets may include databases, documents, policies, procedures, and previously un-captured expertise and experience in individual workers (p.1).

Knowledge management is critical in resolving Texas electricity challenges in four critical ways; identifying the problem (as done above), getting an appropriate solution to the problem, implementation of the solutions and funding the programs.

Solutions, implementation and funding of the solutions to Texas electricity challenges

Several solutions can be conceptualized and implemented in order to reduce the load on the Texas electricity grid while addressing the challenges identified in the problem statement above. The ensuing paragraphs will discuss in detail the suggested solutions, the rationale for the suggested solutions, execution of the solution, as well as funding of the same. Knowledge management which involves effective management of knowledge will be used in linking the suggested solutions to similar cases practiced worldwide.

A majority of the heavy companies utilizing electricity are the industries that cause an over load to the power grid leading to power outages. In Kenya, some industries that consume a lot of electricity have opted to generate their own electricity in order to avoid the cost associated with the national grid power failure.

According to Electricity Regulatory Commission (ERC) (2012), such companies include &James Finlay, Sotik Tea Company, Sotik Highlands Tea Estate, Oserian Development Company, Pan African Paper Mills, Unilever Tea Kenya Ltd and Tiomin (Energy Regulatory Commission, 2012, p.1). Indeed some of these companies apart from using the generated electricity for their use are selling off the excess to the national grid.

Some of the Texas industries can be encouraged to generate their own electricity through state subsidies and offering of critical knowledge expertise from other countries and states. Some of these companies, especially the ones utilizing steams such as the smelting firms, may generate their own electricity.

They can use knowledge management from similar entities to find out how they may integrate the steam engine to generate electricity with the rest of their operations. If individual companies are in charge of their own electricity generation, this would have the effect of reducing the load from the national grid. They can also sell any excess electricity to the national grid and even to staff houses and offices.

Funding of such ventures can be construed from a cost cutting view. Companies in Kenya that have been able to generate their own electricity incur far less cost in generating the same as opposed to if they bought the same from the national grid. Thus own electricity generation is not only a means to cut costs but also to make some extra profit. Some firms have undertaken initial public offerings in order to construct their own power plants.

Ultimately construction of more power plants leads to a direct solution to the electricity shortage in Texas. Given the consumer advocacy group concerns on the possibility of passing the costs to the consumers, there is need for a new way to fund such constructions. There is need to fund the construction from sources that will not necessitate passing such costs to customers.

One such way is through an infrastructure bond that enables getting funds from the public and the public owing the constructed power plants. In this context, the consumers will eventually be charged a high price for the consumption of the power plants but they will also gain through dividends derived from the profitability of the power plants.

Infrastructure bonds would be ideal for this particular kind of expansion due to several advantages. Infrastructural bonds are a long term debt instrument that entitles the investors a certain returns on a periodic basis. Power supply generation is a product with ready consumption.

By the virtue of public participation through infrastructural bonds, power supply generation is likely to be prudently managed. In this context, by having the local community to participate by pricing the bonds in affordable prices per share there is likely to be less resistant to construction of more plants.

In the context of the concerns from the environmentalists, there is need to give incentives to power plants that produce clean energy. In this context, power plants that generate power from non renewable energy and other energy forms that pollute the environment ought to be adequately penalized. In this context, the penalties in monetary terms would be used to promote activities that clean out the environment and fund environment friendly initiatives.

There is also an increasing need for Texas to link its own power grid to the rest of the nation in order to tap from the power grid should there be need. Texas need to actively reconsider to what extend linking to the rest of the national grid would impact on the power supply of the state.

While the same will put the state electricity supply under federal electricity regulatory authorities, there is need to re-examine on what would be the dangers of doing the same. This discussion need to be put in the public arena with the view of determining on whether the shortfall in electricity during peak hours can be adequately catered by the national grid. This would be with a view of understanding on whether the same is a better deal than having to buy electricity from Mexico as has been the case.

Conclusion

Knowledge management is thus critical in examining the viable options of action given a detailed analysis of the concerns available in relation to the electricity problems. Disseminating the information to the public after an internal discussion with various stakeholders enables the public to buy into the ideas producing a win-win situation.

References

Combs, S. (2013). Texas energy quick facts. Web.

Energy Regulatory Commission. (2012). Electricity supply industry in Kenya. Web.

EROCOT. (2013). Erocot. Web.

Galbraith, K. (2011). . New York Times. Web.

Giberson, M. (2011). . Web.

Koenig, P. (2012). What is KM? Knowledge management explained. Web.

Souder, E. (2011). ERCOT may initiate more blackouts Wednesday night, Thursday morning. Dallas News. Web.

Texas Government. (2013). Electric Reliability Council of Texas. Web.

UPDATE 3-ERCOT sees another tight summer for Texas power supply (2013). Reuters. Web.

? (2013). State Impact. Web.

Texas Should Not Legalize Marihuana for Personal or Medical Use

Introduction

The drug use is one of the most urgent social and legal problems nowadays. Certain drugs have been historically used as the components of the medicines. Many are prohibited. The legalization of marihuana for personal and medical use is the subject of discussions and debates.

The aim of this essay is to argue why Texas should not legalize marihuana for personal or medical use.

The Brief Description of Marihuana as the Drug Substance

The marihuana represents the vegan substance, which is derived from the cannabis, the herbaceous plant. The dried leaves of the plant contain the chemical element, which is, in essence, the drug substance. The statistics shows that marihuana is the third most popular recreational drug in the United States (behind only alcohol and tobacco) (About Marijuana n.pag.). The drug is smoked. The extent of its influence depends on the experience of the drug addict and the quality of the drug. Although marihuana is not as dangerous as tobacco and alcohol, it affects the health of people substantially. The short-term drug taking leads to the problems with memory, thinking, decision making, and world perception. The long-term drug taking leads to the changes in the brain similar to those, which occur as a result of the ecstasy taking. Enforcing marijuana prohibition costs taxpayers an estimated $10 billion annually and results in the arrest of more than 750,000 individuals per year  far more than the total number of arrestees for all violent crimes combined (About Marijuana n.pag.).

Medical Uses

The leaves of cannabis can be used for the medical purposes. Although marihuana has been used in medicine for centuries, the opinions of the modern doctors are rather different. At the same time, the majority of them claim that the further research is necessary. Currently, it is known that the chemical elements contained in marihuana may cause the neuroprotective effect (Kalant & Porath-Waller 6). Therefore, marihuana can be potentially used for the treatment of certain diseases. The effect can be described as the decrease in the activity of the nervous cells, which are more liable to damage in the stance of the activity when they can suffer from the insufficiency of oxygen (Kalant & Porath-Waller 6). The results of the research undertaken by the American doctors show that marihuana can be used as the analgesic. However, it should be used only for short-term treatment as the long-term marihuana taking can lead to the adverse effects including the serious mental disorders. The usage of marihuana for medical purposes is allowed in certain European countries including Belgium, Portugal, Spain, Finland, and Germany. Some of the Australian states also allow the medical treatment based on the usage of the cannabis. In the United States, the usage of marihuana for medical purposes is allowed in 18 states. In particular, Alaska, California, Colorado, Nevada, Hawaii, Maine, Oregon, and Washington have already legalized the use of cannabis in medicine. However, the opponents of the legalization claim that we have lack of the information about the properties of the plant and cannot predict the consequences of such medical treatment. In addition, the opinions of doctors are divided regarding the dosage of marihuana, which can be effective for the treatment and which will not lead to the adverse effects.

The supporters of marihuana legalization argue that, nowadays, there is an unregulated market of marihuana, which facilitates the distribution of drugs, illegal activity, and crimes. According to their point of view, the legalization will make the situation more controllable. The supporters of the legal changes also claim that the criminalization of marihuana usage contributed to an explosion in the growth of the national prison population, with low-level drug offenders often serving disproportionately long sentences (US: Federal Go-Ahead n.pag.). They state that the prohibition of the marihuana usage supports its illegal production and distribution leading to the increase in the number of violent crimes. The supporters of legalization consider that the liberalization of the drug usage will make a positive effect on the social safety and well-being. They claim that the alcohol is far more harmful and demoralizing substance than marihuana. According to the statistical data, the overwhelming part of the domestic crimes (almost 90%) is committed by the drunken offenders. It is claimed that, in contrast to the alcohol, marihuana relaxes and calms. The supporters of marihuana legalization argue that the drug taking does not make people aggressive and, thus, cannot be considered as the factor provoking the hate and violent crimes.

In contrast, the opponents of liberalization claim that marihuana is the psychotropic agent, the unrestricted usage of which will hardly contribute to the social safety. They support their arguments by referring to the dynamics of the number of drug addicts in the states, which have legalized or decriminalized cannabis. In particular, the allowance of the free distribution of marihuana in Alaska resulted in the significant rise in the number of drug addicts. The statistics shows that Alaska takes the first place in the rating of the US states on the number of drug addicts. The number of violent crimes has also increased since 1980s when the legal changes have been made. Besides, there is evidence that the people, who have taken the marihuana since their youth, often start the taking of the hard drugs including heroin and cocaine. The results of the scientific research support the opinion of the legalization opponents. It has been found that the people, who have been taking marihuana since the young age, are prone to the drug and alcohol addiction five times greater than those, who do not have such experience.

The Justice Department in Texas has already implemented a number of changes including the changes in the mandatory minimum sentencing for low-drug offenders and the simplification of the procedures for doing marijuana business (Garcia n.pag.).

Personal Opinion

Taking into account the arguments for and against marihuana legalization, I think that the drug should not be legalized in Texas. I agree with the opinion of legalization opponents who say that such kind of changes is not a solution to the problem and that even if the deregulation makes the market more controllable, it will not decrease the number of drug addicts. The current statistics shows that the number of the drug addicts in Texas is about 6% of the population, which is 2% less than the average rate in the country (Texas Drug Control 1). I think this data show that current situation in the state is much better than all over the country. That is why what we have to do is to not allow these figures rise. The statistics in the states, which legalized marihuana, is much worse than in Texas. For example, the percentage of the illicit drug addicts in Colorado is 11%, which is 3% more than the country average (Ferner n.pag.). The figures clearly show that the legalization does not make Colorado the state with the higher level of social safety. Furthermore, the percentage of the marihuana users in Colorado is 9% higher than the average rate in the US (Ferner n.pag.). The statistics of the other states, which legalized marihuana, is rather similar. Therefore, the legalization of cannabis does not improve the situation. As we can see from the statistical data, it leads to the increase in the number of drug addicts. That is why Texas should not legalize marihuana for personal or medical use.

Conclusion

In order to summarize all above mentioned, it should be said that the problem of the soft drugs legalization is one of the most urgent in the United States. A number of states have already implemented necessary legal changes to make marihuana legal. Texas is at the stage of debates but it seems that the politicians try to pass the amendments to the drug legislation. There are different views in the society regarding the issue. The supporters of legalization say that it is necessary step to make the drug market controllable, whereas the opponents argue that it will worsen the criminal situation in the state and undermine the social safety. In my view, marihuana should not be legalized for personal or medical use as the experience of the states, which have legalized it, shows that the number of drug addicts as well as the number of violent crimes increase after the legalization.

References

About Marijuana. Norml.org. 2013. Web.

Ferner, Matt. Colo. Drug Use Higher Than National Average, Study Shows. Huffingtonpost.com. 2011. Web.

Garcia, Gilbert G. Justice Department agrees to tolerate marijuana reforms, while DEA drags its feet. Texas Criminal Lawyer Blog. 2013. Web.

Kalant, Harold, and A. Porat-Waller 2012, Clearing the Smoke on Cannabis. PDF file. Web.

Texas Drug Control Update n.d. Web.

US: Federal Go-Ahead for Local Marijuana Laws . Hrw.org. 2013. Web.