Holding It Together

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Ah, the little paper clip! That little trombone-shaped piece of metal is so ubiquitous that we don’t really think about it until we need one. It’s almost sad to think what will happen if we were all to go truly paperless. Until that day, we can take time out and celebrate this simple invention. And today is the perfect day because May 29 is National Paper Clip Day.

Invention of paper clip

Samuel B. Fay is the holder of the first patent for the paper clip. Fay’s application was granted, and U.S. Patent No. 64,088 was issued on April 23, 1867. According to the patent, the “loop of wire” he created was designed to hold tags or tickets to fabrics so that there would be less damage done to the fabric. It wasn’t until the late 1890s that the clip using the “Fay design” became widely used and advertised. In 1877, Erlman J. Wright received a patent for a clip that was specially designed for fastening leaves of paper together. His design more closely resembled the paper clips we see today than the original “Fay design.” It was in 1892, however, when the “Gem” paper clip emerged. Although never patented, the Gem paper clip is the one most widely used today. For more on the history of the paper clip and some illustrations of early clip designs, check out the Early Office Museum.

Other uses for paper clips

Of course, we all know that paper clips can be used for more than just fastening papers together. MacGyver, anyone? A search of the Internet yields loads of results, but here are some of our favorites: cell phone stand, replacement for broken zipper tab, substitute for food bag ties or chip clips, emergency hair clip, compass, jewelry clasp, holder of a fallen skirt hem, and eyeglasses repair tool. Many websites mention using paper clips as bookmarks, but as librarians, we just don’t like the indentations that the paper clips leave on the pages, even though the embellishments added to the clips are adorable.

Legal cases involving paper clips

And yes, paper clips even sometimes take a starring or supporting role in litigation. Unfortunately, most cases involving paper clips are criminal in nature, demonstrating that the paper clip is indeed a useful tool, perhaps too useful, especially in those instances where it is not being used for its intended purpose. For your reading pleasure, we have compiled a brief list of cases in which the paper clip sometimes played an all-too prominent role:

People v. Gratsch, 831 N.W. 2d 462 (2013) - Defendant, who was convicted of possessing a weapon in jail, said weapon being a sharpened paper clip fragment attached to the end of a cotton swab, was granted an evidentiary hearing on his claim of prosecutorial misconduct. One of his arguments was that the Michigan statute prohibiting the possession of weapons in jail was unconstitutionally vague. The appellate court disagreed.

Johnson v. Curtin, Opinion of the United States District Court for the Western District of Michigan, Southern Division, issued January 25, 2010, (No. 1:06 - CV-778) - Petitioner was kept in restraints during his jury trial because of his prior behavior of attacking and threatening jail staff, jamming a piece of paper clip into his handcuffs with the intention of unlocking them, and yelling and beating on the door of his cell, among other things. The court overruled petitioner’s objections and dismissed his § 2254 habeas petition for lack of merit.

McQuiggan v. Boy Scouts of America, 705, 536 A 2d 137 (Md. 1988) - The court affirmed a judgment holding that a twelve-year boy could not recover for an eye injury that he sustained when he voluntarily participated in a game involving the shooting of paper clips from rubber bands.

State v. Herrick, 567 N.W. 2d 336 (ND 1997) - During a search of some garbage cans at the back of defendant’s property, an officer from the North Dakota Police Department’s Drug Task Force discovered a paper clip with residue on it, a seed, and a stem. Defendant was convicted following a conditional plea of guilty to possession of a controlled substance and possession of drug paraphernalia. Defendant appealed. The conviction and the order denying a motion to suppress were reversed and the matter was remanded for further proceedings.

The Famous (or Rather Infamous) Paper Clip

Microsoft’s Clippit, the default Office Assistant used in Microsoft Office

Microsoft’s Clippit, the default Office Assistant used in Microsoft Office

For those of you old enough to remember, perhaps, the most famous paper clip was Clippit (or Clippy, as he was more commonly known). Clippy was Microsoft’s animated office assistant that was always ready to jump in and help you with any task, even when you didn’t want or need him to. Unfortunately for Microsoft, Clippy was extremely unpopular among users. Although he was trying to be helpful, his enthusiasm was sometimes a bit misplaced and annoying more often than not. Plus, many women felt that Clippy, with his bushy brows and expressive eyes, was leering at them. Sadly, Clippy met his demise in 2007. Clippy made a brief appearance last year in the form of animated stickers for Microsoft’s Teams chat platform, but his resurrection just didn’t stick; he disappeared a day later. For all of his faults, though, Clippy heralded a new age of AI assistants.

We hope you enjoyed our little look back at the versatile and handy paper clip. It’s what helps us keep things together.

Help for the Homeless During COVID-19

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As of May 27, according to the Centers for Disease Control (CDC), the coronoavirus has taken the lives of 99,031 Americans. These numbers include people from all walks of life, and the virus does not discriminate. Certain populations are more vulnerable to the ravages of the disease, such as the elderly and those with pre-existing health conditions. Some of the faces of its victims are familiar, while some of them are strangers. Many of them, though, are the people we see walking our city streets with no place to call home, living each day wondering how they will eat and survive. These people are our homeless, a vulnerable and almost forgotten demographic in our society, and one that continues to grow as people lose their jobs and their homes due to the economic crisis caused by the pandemic.

In its 2019 Annual Homeless Assessment Report to Congress, the U.S. Department of Housing and Urban Development estimated that there were approximately 25,848 people experiencing homelessness in Texas. Locally, the 2019 Homeless Count and Survey performed by the Coalition for the Homeless indicated that the City of Houston could expect approximately 3,938 people to experience homelessness at any given moment. Naturally, those numbers could not have predicted any increase caused by a global pandemic.

In these times, not only is the virus that we are dealing with a novel one, but also it is creating a novel situation for people who are experiencing homelessness. Governmental agencies have recognized this and responded accordingly. The CDC has offered some guidance for planning, preparing, and responding to COVID-19 in situations involving people are experiencing homelessness. In Harris County’s Fourth Amended Stay Home, Work Safe Order, individuals experiencing homelessness are encouraged to maintain social distancing of at least six feet when using shared or outdoor spaces and are urged to seek shelter. In a previous order, Harris County Judge Lina Hidalgo also urged governmental and other agencies and entities to provide or donate face coverings for the homeless. Other initiatives that have been implemented to help the homeless through this crisis include: distributing face masks, hand santizer, and antispetic wipes to homeless agencies and homeless individuals; placing handwashing stations in areas with the highest concentrations of homeless people; and instituting a homeless testing program. Just last week, Healthcare for the Homeless - Houston (HHH), with the help of a generous donation, built an enclosed testing booth for its walk-up COVID-19 testing. (HHH was named the official testing site for those living on the streets in downtown Houston or in shelters).

The librarians here at the Harris County Law Library had also created a bookmark with names, addresses, and contact information for various agencies throughout the city that can provide assistance to those experiencing homelessness. We typically hand those out in the library, but since we are not opened to the public, here are the organizations included:

Bankruptcy -- The New Normal?

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At the beginning of May, the Administrative Office of the U.S. Courts announced that new bankruptcy filings decreased by 1.1 percent for the 12-month period ending March 31, 2020 as compared with last year. This decline in the number of new bankruptcy petitions is following a downward trend established in the period after the Great Recession when there were almost 1.6 million filings in the year ending September 2010. Unfortunately, that trend might be over, thanks to the coronavirus pandemic that has crippled the economy not only in the United States but also worldwide. The pandemic has affected all business sectors from local bars and restaurants to retail shops to local governments. Already, several major retailers have filed for bankruptcy including Stage Stores, Neiman Marcus, JC Penney, and Pier 1. Restaurant chains like Garden Fresh Restaurants and Steak ‘n Shake have opted to shut operations completely or close a number of their stores. Even car rental giant, Hertz, has recently filed for bankruptcy protection. Sadly, there are also a large number of small businesses have made the difficult decision and quietly closed their doors permanently.

Of course, not all bankruptcies result in the business shuttering its doors for good. Some companies use bankruptcy as a means to turn their business around by reorganizing or restructuring their finances to continue operating rather than liquidating all of their assets. The different types of bankruptcy cases can be found in Bankruptcy Code, codified in Title 11 of the United States Code. The Code provides for six main types: Chapter 7 (“Liquidation”), Chapter 9 (“Adjustment of Debts of a Municipality”), Chapter 11 (“Reorganization”), Chapter 12 (“Adjustment of Debts of a Family Farmer or Fisherman With Regular Annual Income”), Chapter 13 (“Adjustment of Debts of an Individual With Regular Income”), and Chapter 15 (“Ancillary and Other Cross-Border Cases”). Although individuals are able to file for bankruptcy on their own without the assistance of an attorney, they need to keep in mind that bankruptcy is a complicated and complex process. Nevertheless, there are plenty of good resources available that can help the self-represented litigant through the bankruptcy. Note that these resources are not substitutes for the advice of a lawyer, but they can offer some good information and guidance. Here area few:

The Basics of Bankruptcy

United States Courts - “Bankruptcy Basics”

TexasLawHelp - “Bankruptcy: An Overview”

FindLaw - “Bankruptcy Basics”

Nolo - “Bankruptcy Basics”

Bankruptcy Forms

United States District & Bankruptcy Court for Southern District of Texas

United States Bankruptcy Court for Northern District of Texas

United States Courts

Legal Aid

Lone Star Legal Aid

Legal Aid of NorthWest Texas

Texas RioGrande Legal Aid

As stay-at-home orders are lifted and businesses reopen, more people will venture out and patronize businesses that might have been closed for weeks or even months. The recovery from the pandemic may not be as quick as some want or need, but we have to continue to hope that bankruptcies and a sagging economy will not become the new normal.

Regulating Your Fun in the Sun

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Did you know that the Friday before Memorial Day has been designated as Don’t Fry Day? Relax. It doesn’t mean that you cannot eat or cook any fried food, such as fried chicken or French fries, but rather, it is day set aside by the National Council on Skin Cancer Prevention to encourage sun safety awareness. In the United States, Memorial Day weekend is typically the unofficial beginning of the summer season. That would mean (in a pandemic-free world), trips to the beach or the park, backyard barbecues, and swimming, all of the hallmarks of summer living. All of that time spent outdoors in the sunshine also means that it’s time to slather on the sunscreen.

According to the Centers for Disease Control and Prevention (CDC), skin cancer is the most common form of cancer found in the United States. While it recognizes that there are benefits to spending time outdoors, the CDC recommends protecting your skin from harmful UV rays “by staying in the shade, wearing protective clothing, and applying a broad spectrum sunscreen with a sun protection factor (SPF) of 15 or higher.”

All of this talk of sunscreen made us wonder about the regulations that govern the sunscreen that we are putting in our skin. (We’re law librarians. Can’t you tell?) The U.S. Food & Drug Administration (FDA) is the agency responsible for regulating the topical sunscreens that consumers find on store shelves. These regulations can be found in 21 C.F.R. §§352.1 - 352.77 (2020). Specifically, the FDA regulates the active ingredients that are in the sunscreen, the combination of those ingredients, the labeling of the products, and the testing procedures. In addition, to be “generally recognized as safe and effective” (GRASE) and not misbranded, a sunscreen product must meet the conditions set forth in 21 C.F.R. § 330.1 (2020) as well as those found in Part 352.

To comply with provisions in the Federal Food, Drug, & Cosmetic Act (FDCA), as amended by the Sunscreen Innovation Act (SIA), the FDA published a proposed rule in the Federal Register early last year requesting additional data to determine whether certain active ingredients found in sunscreens are GRASE in light of changed conditions since the publication of the previous rule in 1999. The proposed rule would update the regulatory requirements for most sunscreens. The FDA planned to implement this rule and make it part of a final Monograph, but never did. The proposed rule and monograph have been thrust once again into the light of day with the enactment of the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March. Section 3854 of the CARES Act, which sunsets the SIA on September 30, 2022, permits a sponsor of a nonprescription sunscreen active ingredient to elect a review of the ingredients in accordance with the procedure set forth in section 505G of the FDCA, as added by Section 3851 of the CARES Act or pursuant to the process set forth in section 586C of the FDCA (21 U.S.C. §360fff-3). The effect of these new rules concerning the safety of certain active ingredients remains to be to seen. Until then, the FDA still highly recommends that everyone use sunscreen and be smart when it comes to sun exposure. So, on this Feel Good Friday, we want you to enjoy, have fun, and be safe. And, remember, don’t fry today or any day.