Travel On Your Sofa

For millions of Americans, summer trips have become a thing of the non-COVID past. Even a day at the beach might be off-limits. International travel is even more of a pipedream, as currently only nine nations are open without restriction to US visitors.

Americans can work from home, shop from home, even go out on a date from home or adopt a pet over Zoom, so why not explore the world through the screen of a laptop?

GeoGuessr is a free, fun series of geography-based challenge games. Its basic premise is simple: you are dropped into a GoogleMaps StreetView, and then drop a pin on a conventional map at your best guess of the geographical location. Sounds simple, but it can be addictive, and you will become an expert on the differences between South African dirt roads and the Australian outback faster than you think.

From the comfort of your home, find yourself transported to Japanese fishing villages, and Scadinavian city squares. Check out GeoGuessr!

Houston Civil Rights Org Files Lawsuit to Enforce SCOTUS DACA Ruling

Familias Inmigrantes y Estudiantes en la Lucha (FIEL) Houston has filed a lawsuit in federal court seeking to compel the Trump administration to comply with the Supreme Court ruling in Department of Homeland Security v. Regents of Univ. of Cal., which was widely interperted to mean the executive branch must begin processing the tens of thousands of backlogged Deferred Action for Childhood Arrivals (DACA) applications.

Despite the fact that the Court held DACA must immediately be reinstated, as the United States District Court for the District of Maryland also held on July 17, to its “pre-September 5, 2017 status,” the Executive Branch has resisted. Acting Secretary of the Department of Homeland Security, Chad F. Wolf, released a memo directing his agency to shorten DACA renewals, end the policy of allowing applicants with pending status to leave and then reenter the United States, and “to take all appropriate actions to reject all pending and future initial requests for DACA.”

The American Civil Liberties Union (ACLU) described the actions outlined in the memo as “patently ilegal.” In an interview with Inside Higher Ed, University of Houston Law Center Professor Emeritus Michael Olivas explained, “The Supreme Court said you can’t shut it down without going through the proper channels, which they [DHS] have not yet done.”

“Nobody is above the law,” said Cesar Espinosa, Director of FIEL Houston. “If the Supreme Court gave a decision, [the Trump administration] needs to take action immediately.” His organization filed suit because, he explained, “These young people cannot wait anymore.”

The Houston Chronicle estimates the number of so-called “Dreamers” in Texas would double if the Trump administration accepted both new and outstanding DACA applications.

COVID-19 Waivers of Liability

Image by Clker-Free-Vector-Images from Pixabay

For those of you venturing out to the gym, the hair salon, or even your workplace, you may have been presented with a waiver of liability for your signature. These waivers attempt to limit a business’s liability for damages that may result from a possible exposure to the coronavirus and lead to the risk of contracting COVID-19. Understandably, owners of small businesses that have been shuttered due to the virus are concerned, especially when faced with the possibility of a future lawsuit should someone contract COVID-19 while on their premises. A lawsuit on top of already strained finances is not on the menu for a lot of these enterprises. To date, there have been no judicial opinions relating to the enforceability of these particular waivers. Most liability waivers are used when people participate in high-risk activities, such as sports or recreational activities, where there is a chance of injury. Waivers are governed by the rules of contract law. In instances of gross negligence, such waivers are typically deemed unenforceable. However, in general, liability waivers can be enforceable so long as the party signing the waiver had fair notice, i.e. that the contract or waiver specifically stated the claims to be released and that the waiver language was conspicuous within the contract.

But what would happen if you refuse to sign the waiver? Will you be prohibited from entering the business or going to work? Unfortunately, that could be another risk that the consumer might have to take: sign or be denied entry or service. To help you navigate this confusing path, here are some articles that provide some guidance to help you decide whether you want to go ahead and sign that waiver:

If You’re Asked to Sign a COVID-19 Waiver, Use This Road Map to Help With Your Decision, Consumer Reports.org, July 2, 2020

Can My Employer Ask Me to Sign a COVID-19 Waiver?, Nolo.com, accessed July 29, 2020

What You Should Know Before Signing a COVID-19 Liability Waiver, FindLaw, June 29, 2020

For businesses looking to draft their own liability waiver, here are some articles to check out before embarking on your own:

COVID-19 Liability Waivers: What Businesses Should Know, Law360, June 24, 2020

How Courts May Interpret COVID-19 Waivers of Liability, Law360, May 21, 2020

Get Free Public Access to the LexisNexis Digital Library eBook Collection Today!

The Harris County Law Library is excited to announce the launch of a new public service. Beginning this week, the Law Library will offer public access to the LexisNexis Digital Library. This collection of more than 100 titles contains full-text, searchable, digital versions of many popular practice guides such as Dorsaneo’s Texas Litigation Guide, Texas Transaction Guide, Texas Criminal Practice Guide, Texas Family Law Practice & Procedure, and Moore’s Federal Practice. Also included are several popular treatises including Appleman on Insurance, Collier on Bankruptcy, and Corbin on Contracts. A full list of available titles in our Digital Collection is available here.

Sign up to access our Digital Collection on our Lexis eBook Account Request page. Once you submit the form, Law Library staff will create your personal account and email you a username and password. You will then be ready to check out any volume in the collection.

LexisNexis ebooks can be read on any internet-connected device. Use your favorite browser (Google Chrome is recommended for the best navigation experience), or read on the go by downloading the Digital Library app from the Apple App Store or Google Play. After installing the app, you will be prompted to enter a library code: harriscountylaw. Then sign in with your username and password.

If you have access to LexisAdvance (sign up here for a free public access account), you can link directly to the cases and statutes cited in the ebooks. You can also markup the text, and keep notes and highlights even after you have returned a volume to use the next time you check it out!

If you have any questions about the LexisNexis Digital Library eBook Collection, please contact our Virtual Reference Desk. For training materials and user guides, visit the LexisNexis Digital Library training page.

Recognition in the Time of COVID: Judge Daryl Moore receives Law Library Advocate Award

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Congratulations to Judge Daryl Moore, Texas 333rd District Court, who is this year’s recipient of the American Association of Law Libraries Government Law Libraries section Law Library Advocate Award! Judge Moore was recognized for his work in support of expanding law library services to all in Harris County, Texas. His tireless work as co-chair of the HBA County Law Library Committee helped the Law Library expand services for self-represented litigants, create new educational opportunities for the local legal community, and increase funding for library programs offered to everyone in Harris County.

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Presenting an Award During a Pandemic

In a regular year, Judge Moore would have received his well-deserved award at the annual meeting of the American Association of Law Libraries to a room filled with law librarians from across the country. 2020 is not a regular year. As such, our director presented the award to Judge Moore on Friday at the Law Library to an audience of a socially-distanced photographer.