Digital Commons Network^™

Reevaluating Texas Energy Market Forecasts In The Wake Of Recent Extreme Weather Events, Robert A. Derner, Richard W. Butler Ii, Alexandria Neff, Adam R. Ruthford

SMU Data Science Review

This paper provides updated forecasts of energy demand in Texas and recognizes the impact of sustainable energy. It is important that the forecasts of the adoption of sustainable energy are reexamined after Winter Storm Uri crippled the Texas power grid and left many without power. This storm highlighted the issues the Texas power grid had and has continued to struggle with in supplying the state with energy. This paper will offer an overview of the relevant literature on the adoption of sustainable energy and relevant events that have occurred in the state of Texas that will give the reader the …

Impact Of Local Wellness Policies On District Level Physical Activities, Minh Le, Hoang K. Dao, Mia Putnam, Jacob Szeszulski

International Journal of Exercise Science: Conference Proceedings

Local wellness policies (LWPs) are state required documents that outline school districts’ goals for improving the physical activity of their students. In Texas, most districts use a template for developing their LWP, which has seven prespecified goals that districts may include or further expand upon to include additional goals. PURPOSE: Determine if physical activity components of districts’ LWPs were related to practices within the district. METHODS: LWPs published by public school districts in Texas were collected from district websites, analyzed for content related to physical activity, and assessed to determine if the district text matched the template. Then, responses were …

Don't Mess With Texans' Rights: Protecting Transgender Youth From The Paternalistic Policies Of State Executives, Mary Franklin

Indiana Journal of Law and Social Equality

Texas Attorney General Ken Paxton issued an opinion in 2022 detailing how gender-affirming care for transgender minors constituted child abuse under the Texas Family Code. As a result of this opinion, multiple families of trans teens engaging in various forms of gender-affirming care were investigated by the Texas Department of Family and Protective Services. This Article applies the constitutional standards imposed by the equal protection clause, substantive due process, and parental authority to Paxton’s recommendation, using both the U.S. and Texas Constitutions. Ultimately, this Article concludes that Paxton’s opinion fails to meet these constitutional standards and recommends action from the …

Emergency Room To The Courtroom: Providing Abortion Care Under Emtala And State Abortion Bans, Natasha Rappazzo

Dickinson Law Review (2017-Present)

After the Supreme Court eliminated the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, states began to broadly criminalize abortion. Abortion is criminalized and restricted even in situations that constitute an emergency medical condition under the Emergency Medical Treatment and Labor Act (“EMTALA”). State abortion bans with limited medical exceptions conflict with EMTALA’s protections for emergency screening and stabilization. Legal challenges to the scope of EMTALA show a growing divide and uncertainty on emergency abortion care in the United States. This Comment will discuss why physicians cannot confidently provide quality and competent abortion care without the …

Lone Star Crime: The Criminal Enforcement Of Environmental Law In The State Of Texas, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy

St. Mary's Law Journal

Most transgressions of environmental law in the United States are remedied with civil or administrative tools. When crimes involve significant harm or culpable conduct, criminal enforcement tools may be applied. With the importance of environmental criminal enforcement for punishing offenders and deterring future offenses, we still have little empirical understanding of this phenomenon in Texas. We use content analysis of 2,588 federal environmental criminal prosecutions that result from EPA criminal investigations from 1983 to 2019 and select all prosecutions occurring in Texas. Our approach allows us to explore prosecution patterns over time, examine charging and sentencing trends, and draw out …

Texas’ War On Social Media: Censorship Or False Flag, Leni Morales

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Alone In The Lone Star State: How A Lack Of Centralized Public Defender Offices Fails Rural Indigent Defendants, Aiden Park

University of Michigan Journal of Law Reform

The criminal justice system is stacked against indigent defendants. The disadvantages indigent defendants face are exacerbated when mixed with the unique qualities of rural America.

For instance, rural court-assigned attorneys are often picked through ad hoc systems by the very judges these attorneys must appear in front of, creating a judicial conflict of interest. The financial realities of rural public defense work often force counsel to manage a private practice while also balancing court-appointed cases. To the extent integral resources like investigators or experts are present in rural spaces, they are seldom used. This Note highlights the way Texas organizes …

The First Woman Dean Of A Texas Law School: Barbara Bader Aldave At St. Mary's University, Vincent R. Johnson

St. Mary's Law Journal

No abstract provided.

Hustle In H-Town: Hip Hop Entrepreneurialism In Houston, Brittany L. Long

Journal of Hip Hop Studies

Imagine a sprawling, overheated American megalopolis that epitomizes diversity and segregation in one of the world’s youngest countries. Despite Houston’s history of structural racism and segregation, Houston Hip Hop entrepreneurs built communities and created storied businesses that culminate in a sense of local pride and Hip Hop identity that has not been replicated in the same manner in any other city. An examination of thought-provoking existing scholarship about the Hip Hop South and Hip Hop in Houston, as well as an examination of existing and collected primary sources (interviews) allow me to demonstrate two things: Hip Hop entrepreneurialism is a …

Analysis Of "2·15" Blackout In Texas And Its Enlightenment To China's New Power System Supply Adequacy, Zhengqi Li, Ye Cai, Yijia Cao, Long Li, Yudong Tan

Journal of Electric Power Science and Technology

With the fast development of the economy and society, the reliable supply of electricity has triggered a wide range of concerns. On 15th, February, 2021, a large-scale power outage occurred in Texas, USA due to the extremely cold weather. More than 4.8 million users are affected. This accident has a serious impact on industrial production and people's lives. Firstly, the general situation of the power system in Texas is briefly introduced, and then the specific process of the blackout is described in chronological order. After that, the causes of the blackout event are analyzed from three aspects: grid adequacy, regional …

Examining A Habitat-Weather Threshold For Northern Bobwhite Populations In The Southwestern United States, John T. Edwards, Fidel Hernández, Andrea Montalvo, Masahiro Ohnishi

National Quail Symposium Proceedings

In semiarid portions of the northern bobwhite (Colinus virginianus; hereafter, bobwhite) geographic distribution, weather is a strong driver of interannual abundance. However, the strength of this relationship may depend on habitat amount. Given this habitat–weather dependence, there is likely to be a threshold value for habitat that determines how strongly a bobwhite population responds to weather. Our objective was to evaluate the relationship between habitat amount and the relative influence of weather on bobwhite abundance in Texas and Oklahoma, USA and determine a potential land-cover threshold value. We collected bobwhite abundance and land-cover data from the Breeding Bird …

Northern Bobwhite Response To Control Of Red Imported Fire Ants In The Gulf Coast Prairie Of Texas, Kelly M. Redmond, Eric D. Grahmann, Fidel Hernández, Leonard A. Brennan, Michael E. Morrow, Timothy Anderson

National Quail Symposium Proceedings

The population decline of northern bobwhite (Colinus virginianus; hereafter, bobwhite) on the Texas Gulf Coast Prairie, USA is largely attributed to habitat loss. However, red imported fire ants (Solenopsis invicta) occur throughout the region and are considered a possible contributing factor to the bobwhite decline. The objectives of our study were to determine the influence of red imported fire ants on bobwhites by comparing bobwhite nest success, survival, and density between sites treated with fire ant bait (treatment) and reference (control) sites. Our study was conducted on 3 private ranches in Goliad and Refugio counties, Texas. …

A Simulation Model Of Sustained-Yield Harvest For Northern Bobwhite In South Texas, Joseph P. Sands, Stephen J. Demaso, Fidel Hernández, Leonard A. Brennan, Matthew J. Schnupp, Trent W. Teinert, Dale Rollins, Robert M. Perez

National Quail Symposium Proceedings

Recommended sustainable harvest rates for northern bobwhite (Colinus virginianus) vary greatly and range from 25% to 70% of the prehunt population. Because northern bobwhite populations have declined across their geographic range, determining sustainable harvest levels is critical for effective management. Our objectives were to use simulation modeling to identify sustainable rates of bobwhite harvest, probability of population persistence, and minimum viable population estimates. We also conducted a sensitivity analysis to evaluate the impacts of harvest on northern bobwhite populations in Texas, USA. We constructed a simulation model using Program STELLA 9.0 for a hypothetical northern bobwhite population on …

Relationships Between Meteorological And Other Variables And Bobwhite Spring Call Counts, Jeffrey G. Whitt, Kelly S. Reyna

National Quail Symposium Proceedings

Accurate assessment of quail population trends is critical to the success of future conservation efforts. Financial considerations and time constraints often limit population trend estimates to indices, the most common of which are spring call counts and autumn covey counts. While all indices have limitations and caveats, spring call count data specifically possess variability that makes them ill-suited for detecting fine-scale trends. However, because spring call counts record calling males and are relatively easy to conduct, they are assumed to represent an index of breeding potential and produce the most data per unit cost. Here, we examine their variability, comparing …

Histopathological Analysis Of Quails In The Trans-Pecos Ecoregion Of Texas, Trey E. Johnson, Carlos E. Gonzalez, Dale Rollins, Josh G. Cross, Ryan S. Luna

National Quail Symposium Proceedings

Quail populations in Texas, USA, have declined over the past few decades due primarily to habitat loss. The role that parasites may play in such declines has been a recent topic of concern. To help address this question, we collected 12 scaled quail (Callipepla squamata), 8 Gambel’s quail (Callipepla gambelii), and 3 Montezuma quail (Cyrtonyx montezumae) from across the Trans-Pecos ecoregion of Texas via hunter harvest, funnel traps, and night netting. Quail samples were necropsied to determine the abundance of eyeworms (Oxyspirura petrowi). Histopathological analyses were conducted on quail eyeballs and periocular …

Composition Of The Montezuma Quail’S Diet In Arizona, New Mexico, And Texas, Ana G. Paredes-Acuña, Alberto Macías-Duarte, Reyna A. Castillo-Gámez, Angel B. Montoya, James H. Weaver

National Quail Symposium Proceedings

The Montezuma quail (Cyrtonyx montezumae) is a popular game bird and an indicator species of oak-pine savannas in the northern part of its range. In Arizona and New Mexico, USA, robust populations allow for a hunting season from mid-November through mid-February. However, there is no open hunting season for this quail in Texas, USA. Data on the Montezuma quail’s diet can provide new information and improve management of the species. Our objective was to analyze the diet composition of the Montezuma quail in Arizona, New Mexico, and Texas. Specimens were collected by hunters in Arizona and New Mexico …

Monitoring Scaled Quail Occupancy And Colonization Post-Translocation On A Large Landscape, Rebekah E. Ruzicka, Dale Rollins

National Quail Symposium Proceedings

Large landscapes are important for sustaining quail populations in semiarid climates where annual variation in vital rates, and thus population volatility, tends to be larger than in subtropical climates. Translocations may need to be conducted on a similar scale to ensure long-term success. Large landscapes pose challenges for monitoring release sites in terms of costs and logistics. However, large landscapes also provide an excellent opportunity to evaluate habitat preferences and suitability because they inherently hold more variation in habitat type. Multiseason occupancy surveys are a potential monitoring tool for translocations where population persistence is a benchmark for success. Occupancy (i.e., …

Evaluating Release Strategy For Translocated Northern Bobwhites In Cross Timbers Ecoregion Of Texas: A Pilot Study, Rebekah E. Ruzicka, Dale Rollins, Ty Bartoskewitz

National Quail Symposium Proceedings

Northern bobwhite (Colinus virginianus) population decline is largely driven by the loss, fragmentation, and degradation of grassland habitats. Translocation is used to reintroduce or augment populations in fragmented landscapes where natural dispersal is inhibited. Northern bobwhites have been successfully translocated in the southeastern portion of their range, but outcomes of translocations in western ranges have been mixed. Our objective was to conduct a pilot study to test the feasibility of translocating northern bobwhites to a restored, but isolated, habitat in the Cross Timbers ecoregion of Texas, USA and to evaluate the influence of release strategy for improving northern …

Translocating Wild California Valley Quail To Texas: An Evaluation Of Survival, Dispersal, Tracking Efficacy, And Roost Preference, Garrett Rushing, Jordan T. Conley, Jeffrey G. Whitt, Kelly S. Reyna

National Quail Symposium Proceedings

Quail translocations are becoming increasingly popular in regions of suitable habitat where local quail populations have declined. In northeastern Texas, USA, northern bobwhite (Colinus virginianus) populations have drastically declined for over a century and have reached undetectable levels in many areas. As a result, the number of quail hunters and quail conservation funding have also declined. California valley quail (Callipepla californica; hereafter, valley quail) have increased across their range and have been translocated to many states and countries. Thus, the goal of this study was to determine whether translocating wild valley quail to Texas was feasible, …

Survival, Movement, And Habitat Use Of Translocated Northern Bobwhite In Texas, Ricardo Cagigal Perez, Nova J. Silvy, Brian L. Pierce, Therese A. Catanach

National Quail Symposium Proceedings

For decades there has been a noticeable decline in northern bobwhite (Colinus virginianus; hereafter, bobwhite) populations. Few studies have assessed the survival of translocated bobwhite. We evaluated the effectiveness of reintroduction of bobwhite into the Texas (USA) Parks and Wildlife Department’s Gus Engeling Wildlife Management Area (GEWMA), where they had been extirpated but now have suitable habitat. Before reintroduction, GEWMA was surveyed (spring call counts) to make sure no bobwhite were present. Forty-six bobwhite were trapped from March–April 2019 in South Texas, banded, bled, radio-tagged, transported to GEWMA, and released. In addition, 17 bobwhite were trapped banded, bled, …

Evaluating Success Factors And Challenges Among Small-Scale Agricultural Producers: A Texas Case Study, Katie Tritsch, Ken Mix, Michelle L. Edwards, Manuel Piña Jr.

Journal of Rural Social Sciences

Literature on small farms in the U.S. is limited though they are the most numerous farm type, generate over twenty percent of agricultural production, and are more likely to be operated by historically underserved (i.e., beginning, minority, veteran, women, young) farmers than large-scale farms. This article details an online survey study of small-scale agricultural producers using a purposive sample from Texas. We used cross tabulations to evaluate qualitative operational and demographic (e.g., age, gender) factors of success, finding several significant variables with moderate effect sizes. Generally, producers regarded quality of life as more important to success than profitability. Producers’ top …

Analysis Of The Electric Power Outage Data And Prediction Of Electric Power Outage For Major Metropolitan Areas In Texas Using Machine Learning And Time Series Methods, Renfeng Wang, Venkata Leela 'Mg' Vanga, Zachary B. Zaiken, Jonathan Bennett

SMU Data Science Review

With growing energy usage, power outages affect millions of households. This case study focuses on gathering power outage historical data, modifying the data to attach weather attributes, and gathering ERCOT energy market conditions for Dallas-Fort Worth and Houston metropolitan areas of Texas. The transformed data is then analyzed using machine learning algorithms including, but not limited to, Regression, Random Forests and XGBoost to consider current weather and ERCOT features and predict power outage percentage for locations. The transformed data is also trained using time series models and serially correlated models including Autoregression and Vector Autoregression. This study also focuses on …

A Pandemic Of Separation Of Powers Violations In Texas: The Interrelationship Of The Texas Disaster Act And Texas Gov’T Code Section 22.0035, Ron Beal

St. Mary's Law Journal

This Article is on the interrelationship of the Texas Disaster Act and Texas Government Code Section 22.0035. The author demonstrates that the Governor of Texas and the Texas Supreme Court have grossly violated the separation of powers on a continuing basis since March 29, 2020 by Governor Abbott issuing Executive Order 13, which prohibits the granting of bail to anyone awaiting trial, and the Texas Supreme Court’s unwillingness to invalidate that order administratively or judicially. Finally, the Article addresses the nearly one thousand district and county court judges who are constantly violating the separations of powers by failing to invalidate …

Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa

The Scholar: St. Mary's Law Review on Race and Social Justice

Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the fiscal …

Protecting A Woman’S Right To Abortion During A Public Health Crisis, San Juanita Gonzalez

The Scholar: St. Mary's Law Review on Race and Social Justice

As COVID-19 infected our nation, states were quick to issue executive orders restricting various aspects of daily life under the pretense of public safety. It was clear at the outset that certain civil liberties were going to be tested. Among them, the constitutional right to an abortion.

This comment explores Texas’ response to the COVID-19 pandemic and the limitations it imposed on abortion access. It will attempt to address the legitimacy of the “public health concerns” listed in executive orders issued throughout numerous states and will discuss the pertinent legal framework and judicial scrutiny to apply.

According to the Fifth …

Nowhere To Run. Impact Of Family Violence Incidents During Covid-19 Lockdown In Texas, Edidiong Mendie, Abiodun Raufu, Emmanuel Ben Edet, Oludayo Famakin-Johnson

Journal of Family Strengths

The prevalence of family violence incidents experienced an exponential rise during the coronavirus (COVID-19) pandemic. The pandemic ushered in a new threat to life which was complicated by the restriction on mobility. Given the stay-at-home order enacted by different States, victims of family violence were compelled to face their abusers with no escape route, particularly intimate partners. This work is an exploratory study that analyzed the trends of family violence cases in selected Texas counties pre covid-19 and during covid-19. The data revealed an increase in family violence incidents from 12 out of the 15 counties studied. This work offers …

Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise Mclaren

St. Mary's Law Journal

During times of emergency, national and local government may be allowed to take otherwise impermissible action in the interest of health, safety, or national security. The prerequisites and limits to this power, however, are altogether unknown. Like the crises they aim to deflect, courts’ modern emergency power doctrines range from outright denial of any power of constitutional circumvention to their flagrant use. Concededly, courts’ approval of emergency powers has provided national and local government opportunities to quickly respond to emergency without pause for constituency approval, but how can one be sure the availability of autocratic power will not be abused? …

Rethinking The Process Of Service Of Process, Mary K. Bonilla

St. Mary's Law Journal

Even as technology evolves, the Federal Rules of Civil Procedure, specifically Federal Rule 4, remains stagnate without a mechanism directly providing for electronic service of process in federal courts. Rule 4(e)(1) allows service through the use of state law—consequently permitting any state-approved electronic service methods—so long as the federal court where proceedings will occur, or the place where service is made, is located within the state supplying the law. Accordingly, this Comment explains that Rule 4 indirectly permits electronic service of process in some states, but not others, despite all 50 states utilizing the same federal court system. With states …

Where Black Lives Matter Less: Understanding The Impact Of Black Victims On Sentencing Outcomes In Texas Capital Murder Cases From 1973 To 2018, Jelani Jefferson Exum, David Niven

Saint Louis University Law Journal

The systemic disregard for Black lives in America was on full display when footage of a police officer kneeling on the neck of George Floyd went viral. Mr. Floyd’s resultant death set off protests declaring that Black Lives Matter throughout the nation and across the world. While national attention rightfully turned to demanding police accountability for undue violence, the prevailing conversation also incorporated at least a declared concern for addressing institutionalized racism within the criminal justice system and other American institutions. The term of the day became “antiracism.” With regard to police killings, the lesson is that police officers disproportionately …

Texas Hunters’ Perceptions Regarding The Acceptability Of Toxicants To Control Wild Pig Populations, Keith M. Carlisle, Sophie Mckee, Hailey E. Ellis, Lauren M. Jaebker, John M. Tomeček, Alan D. Bright, Rachael L. Connally, Maureen G. Frank, Stephanie A. Shwiff

Human–Wildlife Interactions

Wild pigs (Sus scrofa) are an invasive species in the United States. They damage agriculture, degrade water quality and ecological communities, and host a number of viruses, parasites, and bacteria transmissible to humans and animals. In states such as Texas, USA, where wild pigs cause extensive damage to agriculture and property, officials have considered allowing for the use of toxicants to control wild pig populations. To provide decision-makers with information regarding stakeholders’ perceptions of the use of toxicants to control wild pigs, we surveyed Texas hunters in 2019 to assess the level of acceptance of a hypothetical wild …