Jeana's World of Law

Jeana's World of Law

Monday, December 17, 2012

Check Out My Guest Post!

What a great way to start the week. Check out my guest post on CleanTechies, posted this morning.

One of the main critiques of solar and wind energy is that these are intermittent sources of energy, generating electricity only when the wind is blowing or the sun is shining, respectively. This would thus create potential problems for utilities and grid operators who must keep the supply and demand for electricity in balance to meet the demands of the population.

However, a combined wind and solar plant may be the answer to this problem. Combining the the two resources in a single plant allows for a more efficient use of transmission lines and a more cost-effective way of generating electricity.

According to the joint University of Delaware and Delaware Technical Community College study, wind + solar power could soon supply 99.9 percent of the electricity we need, decreasing utility costs, reducing our dependence on fossil fuels, and lowering our greenhouse gas emissions. A true triple threat!!

Friday, December 14, 2012

Northeast Needs Congress to Help Rebuild After Sandy


Following the aftermath of Hurricane Sandy, several governors and CEOs are asking that Congress pass a $60.4 billion aid package for the hurricane relief.
Although Hurricane Sandy has come and gone, the restorations and rebuilding following the damage are still underway. For this reason, the governors of New York, New Jersey and Connecticut - in addition to over 125 big corporation CEOs based in New York - are urging Congress to pass the aid package for Sandy relief.
The northeastern states still have a lot to do, and don't have the necessary funds. Some projects include taking a tip from San Diego solar projects and securing grid independence for homes and businesses by installing solar panels. In case of another disaster, this would be able to provide residents with some back-up power. This even goes as far as solar powered street lights! 

Govs. Chris Christie (R-NJ), Andrew Cuomo (D-NY) and Dannel Malloy (D-CT) all requested funding from President Barack Obama, and a week ago proposed $60.4 billion for the states affected, which actually is about three-quarters of what they requested. 
The CEOS, including top executives of Time Warner, NBC Universal, Bloomberg, Morgan Stanley, Madison Square Garden and the National Basketball Association, are joining the governors in their plea to urge Congress to act quickly on the aid before lawmakers take their break for the holiday. 

In an opinion piece published in the The Washington Post, the governors state that no region or state should have stand have to alone after a disaster. They say Congress hasn't acted in these seven weeks following Sandy, taking longer to provide aid than in previous disasters such as Hurricane Katrina. 

The governors said their states’ legislators had supported aid after previous disasters. "They did so in the spirit of compassion, recognizing that in times of crisis no region, state or single American should have to stand alone or be left to fend for themselves," they wrote.
The govenors wrote “Storms and disasters lay waste to communities and deliver damage far beyond the resources and capacity of any single state to recover on its own...This is why Congress has always come to the assistance of Americans facing a recovery effort of this scale.”
"Americans come together in times of crisis," they wrote. "Our states have stood with your communities when they suffered and faced devastation. It's time for Congress to stand with us."
The decision on the aid, now that Obama has approved and proposed it, it now in the hands of Congress, which is already in a budget battle to cut spending by January 1, 2013.
Solar panels San Diego iniatives have made the city, as well as state, a leader in using solar power technology to recude dependence to local grids. New Jersey, New York, and Connecticut hope to take a step in the similar direction and rebuild in the most efficient way in order the states are up against an disaster like Hurricane Sandy in the future, but that may not be possible if the aid isn't passed.


Other politicians are speaking up as well. Rep. Peter King (R-NY) is pushing the aid request in the Republican House and told The Associated Press in an interview that the high-stakes budget negotiations already under way when Sandy hit made the requests more challenging. 

Natural disasters shouldn't have to pick sides. Sen. Charles Schumer (D-NY), said the aid package should be a bipartisan priority. "Before we leave this year, we must act to provide emergency disaster aid to fund the response to Superstorm Sandy," Schumer said. When it comes down to it, Americans need Congress's help - and all they're asking is for them to pass the bill before they go on their holiday breaks.

Wednesday, December 12, 2012

Michigan Right-to-Work Bill Passed


According to ABC News, Michigan Governor Rick Snyder has signed a right-to-work bill limiting union power into law in his state. He announced this in a press conference yesterday evening.

Despite the protests leading up to the vote, the GOP controlled state house approved a law that would make the payment of union dues voluntary for private-sector unions and most public-sector unions (police and firefighters would be exempt.) The bill was approved by a vote of 58-51.

According to the Huffington Post, Right-to-work laws forbid contracts between companies and unions that require all workers to pay the union for bargaining on their behalf. Although business groups and conservatives cast the issue in terms of workplace freedom, unions note that the laws allow workers to opt out of supporting the union although they reap the benefits of the collective bargaining. Because the laws tend to weaken unions generally, unions, as well as President Obama, call the legislation "right to work for less."

Supporters of the bill say the laws give workers freedom of association and promote job creation, while critics insist that the real intent is to drain unions of funds need to bargain effectively.

"I view this as an opportunity to stand up for Michigan's workers—to be pro-worker," Gov. Snyder said. "I don't view this as anti-union at all...I believe this is pro-worker." He also said that "Workers deserve the right to decide for themselves whether union membership benefits them," and "Introducing freedom-to-work in Michigan will contribute to our state's economic comeback while preserving the roles of unions and collective bargaining."


Thursday, December 6, 2012

Marijuana Growers "Go Green"

It looks like California's green initiatives and gusto have spilled over state-lines into New Mexico, but not in the way you'd think it would have. 

Illegal marijuana growers in NM have increasingly been using solar panels as a power source for their plants, both to stay off of the local grid and avoid detection by law enforcement officials.

A 2012 Lawrence Berkeley National Laboratory study reported that $6 billion worth of electricity is being spent on indoor marijuana-growing in the US each year. This is about 1 percent of national power consumption - enough electricity to power two million homes.

Solar panels may cost a lot of money, but they allow marijuana growers to avoid using huge amounts of electricity from nearby power sources, which can tip off the police to their illegal activities. 

The NM state police recently broke up a marijuana operation that used solar-powered water pumps. But this is no new feat. In 2010, New Mexico police pulled over than 1,500 plants from what they called a “very elaborate and sophisticated” marijuana operation that used “solar panels, water pumps, batteries, and hundreds of yards of hose that functioned on timers.” 

This increase in demand for solar power has also resulted in many thefts of solar panels from residential homes and businesses, particularly in the CA wine country. In 2010 several solar panel thefts occurred at Napa Valley wineries and vineyards. California state authorities have in result increased their watch against solar panel thefts. The authorities believe the thefts were directly related to a criminal ring that sold the panels to illegal marijuana growers, and that solar panels San Diego to San Francisco may be at risk of theft.

Solar San Diego projects have given the city it's title of most solar city in not only the state but in the US, but I have a feeling that this influx of solar power won't give NM anything to boast about. 

Monday, December 3, 2012

What is Eminent Domain?


In addition to the Obama win, there was another outcome of the 2012 Elections that caused much debate in the press: Virginia passed a law limiting the power of eminent domain. This led to many people asking, "What is eminent domain?"

Eminent domain is "the power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property." It is an action of the state to seize private property without the owner’s consent by providing just compensation. The rule is normally applied when building highways, train tracks or public property for the benefit of a community and the action is protected by the US Constitution.

In general, to exercise the power of eminent domain, the government must prove that the four elements set forth in the Fifth Amendment are present: (1) private property (2) must be taken (3) for public use (4) and with just compensation. These elements have been interpreted broadly.

However, the United States Supreme Court ruled in 2005 that the Constitution grants the government the right to take private property – homes, businesses, and other property – and sell or give it to another private entity if jobs and taxes could be generated (Kelo versus City of New London, Connecticut, 2005). The eminent domain attorney for the case pressed the high court to vote in favor of economic development projects that create jobs, increases taxes and other revenue, and revitalizes a depressed or blighted area that qualifies as “public use.” The courts ruled that private economic development is a public use under the Fifth Amendment.

The VA amendment makes it so that private property can only be taken for a public use - it cannot be taken and given to another private landowner, even if the transfer would spur economic development. Supporters of the amendment claimed that that changes are necessary because the 2005 ruling gave the government too much power to use eminent domain for private economic development projects. 

Opposers, both Republicans and Democrats alike, were against the amendment as it may force the state government and municipalities to pay more money for what they claim are appropriate uses of eminent domain. The amendment may cost both over tens of millions of dollars for both the local and state governments. Even with the opposition, the amendment passed with flying colors, passing with 75 percent of the voters for the limits on eminent domain - the law will go into effect on Jan 1, 2013.

The 2005 Kelo decision informed the public about eminent domain abuse. Since the decision, 44 other states have made amendments to their constitutions to reduce the government’s power to take private property though eminent domain.

Friday, November 30, 2012

Does removal of the anonymity of egg donors decrease egg donations?


Guest post by Lucy Cripes

A U.K. study, 2007 has researched and reported on how to keep the number of egg donors constant after a change in U.K. legislation in 2005, which withdrew egg donor’s anonymity.

Before the year 2005 in the United Kingdom, both egg donors and sperm donors were, by law granted anonymity. However a change of U.K. legislation in 2005 modified the rights of donors. Offspring’s of the donors at aged 18 would now have access to their donor’s identity. There would also be a cost neutrality law. This means that donors would neither make profit nor lose from their donations.

There was concern that this change in legislation could alter the numbers of people willing to make egg donations and sperm donations. Would the levels of eggs available in the egg donor bank fall? Therefore in 2004, before the change in legislation took place, the U.K. department of health conducted a study. This study helped steer decision making.

The study took place in the form of a questionnaire, circulated to fertility clinics throughout the U.K. It asked questions ranging from what was donors responses to the proposed change, did they think it would alter willingness to donate and any suggestions they may have to improve egg donations rates.

One third of the donors expressed concerns about the removal of anonymity. Their concerns ranged from unfounded concerns as would they be made legally and financially responsible for the offspring and would the law be applied retrospectively. They also expressed concerns about how their donors’ rights would be affected, and the emotional future turmoil that may occur if the offspring would choose to make contact.

However, even though concerns about the changed in legislation were very broad, there was a general consensus on how to keep donors interested and to improve recruiting if this legislation was passed. The egg donors agreed that education was the way forward.

It was agreed that education would increase awareness of what exactly egg donation required of the donor. The role of gamete donation could be explained, as its altruistic nature. The benefits of non-anonymous donation could be highlighted along with its disadvantages. Also any un-founded apprehensions towards egg donations could be ruled out. Better educated donors would make more informed decisions and not have any false beliefs about what non-anonymous donating could curtail.

The job of education, it was agreed should fall mostly to the clinics that provide treatment to future donors. In interest of good practice, each clinic should have a sound policy and practice that is audited on a regular basis.

This legislation was passed 7 years ago, therefore did the department of health carry out these suggestions to keep donor numbers high, or the same as before 2005? It would appear so. According to statistics from the Human Fertilization Embryology Authority.  In 2005 the sperm and egg donation collective number was 1222, in 2010 it was 1564. There does not appear to be any evident drop in the number of donations. Actually there seems to be an increase.

Is it time the U.S. took a look at these figures and implemented similar legislation? Would it improve the ethical problems associated with “shopping” for egg donors and sperm? Hopefully this study will at least raise some awareness of ethical issues around egg donation that need to be addressed in the U.S.

Tuesday, November 27, 2012

Gay Men Sue Counselors After Failed Conversion Therapy

The New York Times reports that for the first time ever, Gay "conversion therapy" has been brought into the courtroom.

Gay “conversion therapy” claims to help men overcome unwanted same-sex attractions. It has been widely attacked as unscientific and harmful. 

Since the 1970s, when mainstream mental-health associations stopped branding homosexuality as a mental disorder, a small network of renegade therapists, conservative religious leaders, and self-identified “life coaches” decided to continue arguing that being Gay is not inborn, but an aberration rooted in childhood trauma that can be reversed by conversion therapy. 


According to these therapists, homosexuality is caused by a stifling of normal masculine development, often by distant fathers and overbearing mothers, or by early sexual abuse. These therapy clinics hold private sessions as well as retreats for those struggling with homosexuality.


In New Jersey this week, four gay men who tried the therapy filed a civil suit against a prominent counseling group, JONAH -- Jews Offering New Alternatives for Healing, charging it with deceptive practices under the state’s Consumer Fraud Act. 
The former clients said they were emotionally scarred by false promises of inner transformation and humiliating techniques that included stripping naked in front of the counselor and beating effigies of their mothers. After they paid thousands in fees over time, they were told that the lack of change in their sexual feelings was their own fault and they could not be helped.

Leading scientific and medical groups say the theories are unfounded and that there is no evidence that core sexual urges can be changed. They also warn that the therapy can, in the words of the American Psychiatric Association, cause “depression, anxiety and self-destructive behavior” and “reinforce self-hatred already experienced by the patient.”

Several confused adolescents seek guidance from conversion therapy, especially as many  practicing religions believe that only those in a heterosexual marriage could achieve eternal bliss. Therapy sessions and retreats could cost anywhere from $100 to $1,000, with many paying around $10,000 per year. The Southern Poverty Law Center has identified over 70 conversion therapy clinics within the US.