Texas Legal App from the State Bar Computer & Technology Section

Typically, access to the Texas Legal App is a benefit provided to members of the Computer & Technology Section of the State Bar of Texas. For a limited time, through June 30, 2020, the C & T Section is offering free access to the Texas Legal App for all Texas attorneys, paralegals, and law clerks. To become an authorized user of the app during this period, simply submit the enrollment form, available here. You will be asked to provide your name, an email address, your Bar number (or cell phone number if not a Bar member), and your area of practice. You will then be provided with links to the Web interface, the iOS app, and the Android app. You will also get login credentials to access the app itself. Once logged in, you will find a wealth of useful information and primary sources, including more than 62 civil codes and statutes. For a full list of the available resources, click here.

All content is keyword searchable and includes internal linking to other code sections available via the app. The app is also customizable, allowing you to create modules of content relevant to your practice area. Instructions for adding modules are provided in the C & T Texas Legal App how-to installation video available in the TechBytes library, which we wrote about for this blog in 2018. If you find content you wish to print and/or save as a PDF, the app will allow you to do that as well.

While we all continue to Stay Home and Work Safe, access to some traditional legal research resources may be limited. Take advantage of the Computer & Technology Section’s generous offer to share access to this valuable tool, the Texas Legal App, and consider joining the section to ensure the app’s continued availability. Also, remember that we at the Harris County Law Library are still providing services via our Virtual Reference Desk and new Chat Reference. Until we can see you again at the Law Library, stay in touch and informed using our remote services. We’re here to help!

Data Privacy and Census Tech

The first official tally of American households was recorded in the 1790 Census. Every ten years since, the Census Bureau has collected data about the number of people living in the United States. Once again, the Census Bureau is asking all people who live in the United States to stand and be counted. 

The 2020 Census questionnaire, distributed in mid-March, asks questions about who resides in a particular household, the type of dwelling they occupy, and the relationships that link them as members of a household unit. Obtaining accurate data is essential to ensuring the most equitable distribution of government funds as well as political representation at every level of the government. Demographers and statisticians, concerned about low compliance and, therefore, inaccuracy in the official count, are especially concerned about this census for two reasons: the increasing mistrust of government among some people living in the United States and the coronavirus pandemic. These factors may impact the willingness and/or ability of people to complete the questionnaire, forcing reliance on other federal government data to supplement the Census and provide a more realistic picture of the population as a whole. 

The Census Bureau is trying to mitigate the fears of government data misuse and reassure people that personal data will be keep confidential. Protecting privacy in the age of big data is a monumental challenge. When so much of our personal identification information is already in the hands of Silicon Valley leviathans less concerned with privacy than profits, and data breaches are increasingly common, it’s not difficult to see why people might question the government’s promise to maintain confidentiality. Moreover, in the age of big data, it is increasingly easy to identify an individual person with just a few demographic facts since so many other data points already exist to flesh out exactly who someone may be. This “mosaic effect” allows savvy data miners to combine existing open data sets with, for instance, the 2020 census data to identify specific individuals. To combat this, the government builds various disclosure avoidance methods into their calculations. For the 2020 Census, the method of choice is called “differential privacy,” a strategy that has both adherents and skeptics, but that, for now, many experts claim, is the best option for balancing risk of disclosure and accuracy of data. To learn more about this approach to data management and the Census Bureau’s “privacy loss budget,” see the following:

• Differential Privacy for Census Data Explained (National Conference of State Legislatures)

• Will the Census Improve Open Data Privacy Protections? (Government Tech)

• Can a Set of Equations Keep U.S. Census Data Private? (Science)

• Census 2020 Will Protect Your Privacy More than Ever – But at the Risk of Accuracy (The Conversation)

A Call for Justice: SCOTUS to Hear Oral Arguments via Telephone

Access to accurate information from trustworthy, authoritative sources is the key to an effective public health campaign. Maintaining reliable channels for sharing that information is just as critical. In the age of the Internet, we are bombarded with health data and facts (not to mention conjecture and outright lies), but during the flu pandemic of 1918, communicating with the public about how to best mitigate the spread of disease was definitely more of a challenge. The telephone, invented more than 40 years before the outbreak of the Spanish flu, held great promise. Although home phones were still quite uncommon, social interaction via the nascent telecommunications infrastructure of the day was a viable option for some.  

While people sheltered in place and avoided public gatherings, the telephone became an increasingly indispensable tool for maintaining life as usual. However, unlike the Internet, which consistently serves up information via a network of anonymous computers, early telephones required human intervention. Operators manually connected each caller, via a switchboard, to an intended recipient. Like computers stacked in server farms around the world, these telephone operators executed calls, connecting one node to another. Also like computers in a server farm, these telephone operators worked in very close quarters at banks of switchboards, the perfect environment for sharing not just information but germs. With so many operators falling victim to the flu and unable to work due to their illness, communication by phone became difficult. Phone companies asked callers to limit telephone use and to reserve open phone lines for doctors and drug stores. Despite the promise it held as a powerful communications tool, the early telephone had a weak link – the vulnerable human.

Strangely, as a sure sign that history does in fact rhyme, the telephone is again having a moment. Those of us fortunate to be performing our jobs from home can communicate, collaborate, and remain productive thanks to an array of sophisticated tech tools and the infrastructure that supports them. We’ve gotten comfortable with Zoom and Trello and Slack, but the telephone -- at least for spoken conversation -- has become almost vestigial. Not so for the highest court in the land. For six days in May, the United States Supreme Court will hear oral arguments by telephone. In a press release issued on April 13, 2020, the Court said:

“In keeping with public health guidance in response to COVID-19, the Justices and counsel will all participate remotely. The Court anticipates providing a live audio feed of these arguments to news media. Details will be shared as they become available.”

With so many media resources at our disposal and no shortage of real-time citizen journalists (as well as snarky would-be comedians) providing synchronous commentary on Twitter, those who listen in to the live audio will be able to monitor their various feeds as the arguments are being made. The channels for communicating have no doubt expanded, but the humble telephone is still playing a significant – indeed, historic -- role in the pursuit of justice in the time of COVID-19.

Digital Resources for Advanced Planning During Difficult Times

Yesterday, Houston Volunteer Lawyers announced publication of a new resource; a Do-It-Yourself Guide for Handwritten “Holographic” Wills. This is an excellent resource for Texans who are unable to access services to help with estate planning, such as HVL’s Will-a-thon program, during this time of public health concern.

Advanced Planning Resources

HVL’s announcement reminds us that it is important to know where to find resources to plan for incapacity when you are ready to do so. To help, here are some resources that provide information about wills, powers of attorney, medical directives, and more:

• Self-help eBooks from the Texas State Law Library

• Free access to Guardianship Manual from TexasBarBooks

• Advance Directive forms, including a Durable Statutory Power of Attorney form, from the Texas Department of Health and Human Services

• Transfer on Death Deed - forms and information from TexasLawHelp.org

The Law Library is open... virtually!

Like many public spaces, the Law Library is currently closed to the public as public health concerns continue. However, many of the valuable services and resources are still available through our Virtual Reference Desk.

As many professionals in our local legal community transition to working remotely, access to the legal databases that they typically access in the Law Library remains important. Likewise, self-represented litigants have fewer options to access the resources they need to access justice as public spaces are temporarily closed.

The Law Library is here to help. We have worked with vendors, including Lexis, Westlaw, HeinOnline, and the State Bar of Texas, to make valuable resources available through document delivery via our Virtual Reference Desk. Our law librarians are standing by to help you find the legal research materials you need to Stay Home and Work Safe!

Our law librarians are also collecting the information you need to comply with emerging tech requirements. For example, as local courts transition to video conferencing for hearings and more depositions take place remotely, our Video Conference Resource Guide helps you find the learning opportunities you need to keep working in the new normal. Download your copy here!

Learn more about remote depositions and video conferencing with a new video CLE from the Houston Bar Association!

Now is a great time to improve your tech skills with training opportunities from the Law Library’s Legal Tech Institute. Visit the Learn On-Demand page to find learning opportunities that are available at home or on the go.