May is Civil Rights Law Resource Month at Harris County Law Library. Civil rights law resources from the Law Library's print collection will be on display throughout the month. Digital resources will be featured here on Ex Libris Juris, including freely available online content such as The National Law Review's dedicated civil rights news page and the publications from the United States Commission on Civil Rights.
Looking Back - Shelley v. Kraemer
Law Day artwork courtesy of the American Bar Association
On this date in 1948, in its landmark decision in Shelley v. Kraemer, 334 U.S. 1 (1948), the highest court in the nation struck down racially restricted covenants placed on real property on the ground that such agreements denied the prospective property owners equal protection of the laws. The agreements in question, executed by a majority of property owners restricted the occupation of said properties on the basis of race. In 1945, petitioners Shelley, unaware of these restrictive covenants, received a warranty deed to a house on Labadie Avenue in St. Louis, Missouri. Respondents, owners whose properties were also subject to the agreement, filed an action in the state court in Missouri asking the court to restrain the Shelleys from taking possession of the property and to divest them of title to the property. The trial court refused to enforce the agreement, finding that the agreement was never finalized because the parties intended it to be effective once all property owners signed it. On appeal, the Supreme Court of Missouri reversed the trial court’s judgment, directing the lower court to grant the relief requested by respondent property owners.
The Shelleys appealed to the United States Supreme Court, asserting that they were denied equal protection of the laws, deprived of property without due process, and denied the privileges and immunities due the citizens of the United States. The court noted that, in and of themselves, the restrictions could not be considered to be in violation of any of those rights guaranteed by the Fourteenth Amendment because there was no action on the part of the state. However, the enforcement of the restrictive covenants by the state courts created the state action necessary to bring this issue squarely under the purview of the Fourteenth Amendment. Thus, because the state court judicially enforced the agreements, the states had effectively denied the Shelleys equal protection of the laws. The Court found it unnecessary to address the other Fourteenth Amendment issues.
The home at the center of the controversy, the Shelley House, was designated as a National Historic Landmark on December 14, 1990 because of its historic and social significance in the civil rights movement. It remains as a symbol of the fight to achieve equality and stands as a reminder that all persons, without restriction by the states or the federal government, have the right to own property. Although the house at 4600 Labadie Avenue in St. Louis is a National Historic Landmark, it is currently privately owned and not open to the public.
New Video CLE: The Ethics of Cloud Computing
The Legal Tech Institute at the Harris County Law Library has released a new video CLE. The Ethics of Cloud Computing: Using Cloud Storage and Applications in Your Practice is the latest in our Learning On-Demand CLE library that lets you earn CLE credit in Texas while staying up to date on legal tech. Visit the Law Library's Legal Tech Institute page for more on our legal tech learning opportunities.
Law Day 2017: The Fourteenth Amendment
Law Day, which is observed annually on May 1st, is a national day dedicated to celebrating the rule of law. This year's theme is the 14th Amendment: Transforming American Democracy. All month long, the Harris County Law Library is celebrating this theme with an exhibit: A Timeline of Fourteenth Amendment History. The exhibit will be on display in the Law Library lobby until May 31st. Included along with the exhibit are winning entries from the Houston Bar Association Law Day poster and essay contests.
To coincide with the 14th Amendment theme, we are promoting the civil rights legal resources in our collection. Treatises, law journals, and other secondary sources on civil rights and civil liberties will be featured throughout the library all month long as part of Civil Rights Law Resource Month. Case law including the Civil Rights Cases of 1883 and the Civil Rights Act of 1964, as well as Brown v. Board of Education, Loving v. Virginia, and Obergefell v. Hodges will be on display as well to demonstrate the role of the Fourteenth Amendment in shaping these decisions.
Latest & Greatest – The Intellectual Property Handbook: A Practical Guide for Franchise, Business, and IP Counsel
Edited by Christopher P. Bussert and James R. Sims III
Published by American Bar Association Forum on Franchising and Section of Intellectual Property Law
KF 2979 .I4315 2016
Written for non-IP specialists, The Intellectual Property Handbook: A Practical Guide for Franchise, Business, and IP Counsel provides a substantive and practical overview of the most common intellectual property issues, including trademarks, copyrights, patents, trade secrets, cyber law, and social media issues. Besides describing the federal registration process, the authors explain basic trademark principles, everything from forms and types to the strength of the trademark and address the issues to consider when choosing a trademark. Equally important is the discussion of how to protect those rights and the types of legal actions to take to enforce those rights. In addition to highlighting domestic trademarks, the authors also cover domain names and trademarks on the Internet. Look for a discussion of the Anticybersquatting Consumer Protection Act and the Uniform Domain Name Dispute Resolution Policy adopted by the Internet Corporation for Assigned Names and Numbers.
Interested in copyright? The authors devote an entire chapter to the topic and define subject matter that is copyrightable, detail the rights granted by copyright, navigate the waters of the registration process, and address the issue of infringement.
Looking for information on patents? The authors have got you covered there as well. They explain what a patent is and what can be patented and help you with the patent application process. The authors also offer some patent protection strategies and enforcement remedies.
The chapter on trade secrets is full of useful information, such as what a trade secret is, its definitional elements, the steps to be taken to protect the trade secret, and the remedies available should the trade secret be misappropriated.
Lastly, the authors discuss data privacy and security, cloud computing, and social media and the IP concerns that may arise during the use of social networking services, including issues relating to trademark, copyright, personal information, and employee information.
