Cheers!

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Pop a cork! No, it’s not New Year’s Day already, but who would know as all of the days seem to run together, don’t they? Tomorrow, June 6, is National Bubbly Day, a day set aside on the first Saturday of June to celebrate all there is to love about that glass of effervescent goodness. Bubbly can come in the form of sparkling wine from the United States, Prosecco from Italy, Sekt from Germany and Austria, or Cava from Spain. Today, however, we are going to focus on the self-styled king of sparklers, Champagne from France.

History

Wine making can trace its roots back to Mesopotamia to a period as early as 6000 - 4000 B.C.E. While ancient Egyptians were the first to document wine making processes, the interest in wine making soon spread to Greece and throughout Europe. In France, wine making dates back to the earliest days of Christianity where it was used in the celebration of the Eucharist. Since that time, the methods of pruning vines; improved techniques with respect to irrigation, fertilization, and harvesting; and a clearer understanding of how the terroir, or complete natural environment or location of the vines, affects the quality of the grape, and in the end, the wine itself.

The hallmark of champagne or what distinguishes it from other wines is the effervescence. When the sugar found in the grapes is combined with yeast, fermentation occurs, whereby the yeast breaks down the sugars in the grapes and converts it to alcohol and carbon dioxide. In the making of champagne, however, the wine is fermented a second time - this time in the bottle. The carbon dioxide becomes trapped, thus creating the effervescence or bubbles for which champagne is known. (Another popular method of fermentation known as the Charmat method differs from the méthode champenoise in that the wine is fermented in pressurized steel tanks.) For more information about the making of champagne, its history, and its terroir and appellation, visit the website of Comité Champagne.

Regulations

The production and sale of sparkling wines, especially champagne is regulated here in the United States as well as overseas in France. Let’s have a brief look at some of the important rules governing the creation of this luscious libation.

France

France, not surprisingly, treats its food and wine very seriously. Following the demands of wine-growing associations throughout France, the principles of Appellation of Controlled Origin (AOC) and the Institut National des Appellations d’Origine (INAO) were created in July 1935. (The INAO has since been renamed the Institut National de l’Origine et de la Qualité.) On June 29, 1936, champagne was declared an AOC.

With this designation comes responsibility and regulation. Specifically for the Champagne AOC, there are regulations enumerating approved grape varieties; citing specific methods of pruning; establishing the maximum permitted yields per hectare, the maximum permitted press yield, and minimum potential alcohol content of newly harvested grapes; secondary fermentation in the bottle, and minimum periods of maturation. Thus, for a wine to rightly be designated as champagne, it must adhere to these specific rules and regulations and come from grapes traditionally grown in the Champagne region of northeastern France. (Apparently, though, there is a loophole that permits sparkling wines from California to be called California Champagne.)

To ensure the continued quality of wines with the Champagne AOC and to protect consumers from misleading claims, the Comité Champagne or Comité Interprofessionel du Vin de Champagne (CIVC), a professional organization of wine growers, reports any misuse of the champagne name and prosecutes any party that misappropriates the reputation that the wine growers in the Champagne region worked so hard to establish. Their authority to prosecute these cases is authorized by Article 13 of the Revised Law of 12 April 1941 (France). The CVIC is active in ensuring that consumers are not duped by products claiming to be champagne. Its website cites significant victories it has achieved in combating counterfeiting and misuse.

United States

In the United States , regulations governing of “champagne” can be found in several sections of the Code of Federal Regulations (CFR). Most of the regulations involving champagne address designations and labeling.

27 C.F.R. § 4.21 (2019) - This section addresses the standards of identity for several classes and types of wine. Champagne is a Class 2 , sparkling grape wine, which “derives its effervescence from the secondary fermentation of the wine within glass containers of not greater than one gallon capacity, and which possesses the taste, aroma, and other characteristics attributed to champagne as made in the champagne district of France.” Wines not conforming to the “champagne” standard may, in addition to sparkling wine, be designated as “Champagne style” or “Champagne type.” Furthermore, 27 C.F.R. § 4.21(b)(3)(ii) (2019) discusses the labeling of sparkling wines that do not conform to the champagne standard or use the “charmat method” instead.

27 C.F.R. § 4.34 (2019) - This section further addresses the class and type of wine and indicates that in the case of champagne, the type designation may appear in lieu of the class designation of sparkling wine.

27 C.F.R. § 4.24 (2019) - Geography also plays an important role in wine regulations. This particular section of the CFR regulates generic, semi-generic, and non-generic designations of geographic significance. Champagne, like Burgundy and Sherry, is an example of a semi-generic name that is also a type designation for a grape wine. The semi-generic designation is generally used for wines that have an origin that differs from that which the name indicates. For instance, using the example we have given above, wines designated as Champagne, Burgundy, or Sherry are typically more closely associated with the regions in which they originated.

27 C.F.R. § 24.257 - The last significant regulation governing champagne in the United States involves the labeling of wine containers. In general, the volume of the bottle determines the minimum type size that must be used on the wine container’s label. The label must also show the name and address of the location at which the wine was bottled and packed, the brand name, the alcohol content as percent by volume or in accordance with 27 C.F.R. Part 4, an appropriate designation of the kind of wine, and the net content of the container. With respect to champagne, the use of its semi-generic designation may appear on the label if there also appears an appropriate appellation of origin and the wine conforms to the standard of identity set forth elsewhere in 27 C.F.R. Part 4.

We hope you have enjoyed our little trip into the history and governance of champagne production as we celebrate National Bubbly Day. Wine making is a highly regulated field, indeed, but these regulations ensure that consumers are not being misled and are being treated to a sparkling wine or champagne of the highest quality. So, no matter what your bubbly of choice is, be it prosecco, cava, or Champagne, simply relax and enjoy this sunshine in a glass.

Cheers!

À votre santé!

More Tools for Tenants

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As a follow-up to our post from May 20, 2020, “Evictions Are Once Again on the Docket,” we wanted to make sure that our readers were aware of two new tools to help residential tenants facing evictions. Lone Star Legal Aid has introduced its Texas Eviction HELP Project. Using an interview format, the tool provides information about the eviction process and includes links to trusted resources. To begin, just click on the big red button, “Start Eviction Interview.” No account is required to run the interview; just accept the terms and conditions, and you’re good to go. The step-by-step guide will help tenants with documentation and provide information about new laws that might give tenants extra protection. Just be sure to have any paperwork or eviction documents ready during the interview. Additional resources on the Lone Star Legal Aid website include: the LSLA CARES Tool to help tenants determine whether the property is subject to the CARES Act, educational blogs and videos covering a wide array of topics, and some helpful publications for further reading.

The second useful tool can be found on TexasLawHelp. TexasLawHelp has created a COVID-19 Eviction Answer Toolkit to help tenants respond to an eviction. The toolkit includes instructions for filling out the eviction answer form, which can be found on the website. There is also information about finding out whether the CARES Act protects tenants from eviction, answers to frequently asked questions about the Answer form itself, and helpful articles about evictions in general.

Immigrant Resources

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Section 6428 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act provided for the disbursement of rebates or economic stimulus payments to eligible individuals with limitations based on adjusted gross income. Three types of eligible individuals were defined in section 6428(d), one of which was “any nonresident alien individual.” This provision has been interpreted to exclude families of eligible immigration status because individuals must file a qualifying income tax return using a valid social security number to receive the stimulus payments. This provision also excludes families of mixed-immigration status, even if one of the members is otherwise eligible. (Texas RioGrande Legal Aid has created a useful fact sheet explaining the eligibility of immigrant families for the economic stimulus payments). This denial of a government benefit has led to at least two lawsuits being filed on behalf of mixed immigration-status families. In Amador v. Mnuchin, the Mexican American Legal Defense and Educational Fund argues that it is unconstitutional for the federal government to deny benefits to a mixed-status married couple who jointly filed previous tax returns without two social security numbers. Similarly, John Doe v. Trump, McConnell, and Mnuchin, filed in the United States District Court for the Northern District of Illinois, Eastern Division, alleges that the CARES Act unconstitutionally excluded those married to non-citizen immigrants from receiving the benefit provided by the stimulus plan.

These recent events have caused us to wonder about the resources that exist for immigrant families, whether it’s related to the economic stimulus payments, unemployment benefits, rent or other economic assistance, healthcare, or the status of pending immigration cases. In this regard, we have compiled a list that we hope might help.

General Information

Houston Immigration Legal Services Collaborative - HILS has created a clearinghouse of immigration-related material, including information about legal assistance, disaster recovery resources, and recent changes to immigration policies and laws. Legal resources are arranged by subject, making it easy to locate the information users need. Its website also features a living document on COVID 19 resources for immigrant advocates.

AccessHOU - The AccessHOU Houston Social Services Database highlights resources for agencies working with immigrants in the Houston area. Categories of resources include: legal, health, education, housing, employment, financial assistance, and food.

Baker Ripley - Baker Ripley, a long-standing social service provider in the Houston community, has an immigration services hotline. Its website lists coronavirus resources as well as its current services. Unfortunately, all of the funds for its Rental Assistance Program have been committed already.

TexasLawHelp - TexasLawHelp, a project of the Texas Legal Services Center, has a webpage devoted to resources for immigrants during COVID-19. It features a collection of state and nationwide resources, as well as information about healthcare. Look for more immigration-related information using the Individual Rights link and then choose Immigration Laws & Rights.

Informed Immigrant - Informed Immigrant is a digital information center for undocumented immigrants. Its website features immigrant and service providers guides. It currently has a webpage highlighting resources for immigrants during the pandemic. Users can browse by state or look at its listing of nationwide resources.

Legal Aid and Legal Assistance Organizations

Immigrant Rights Hotline - Call 1-833-HOU-IMMI, Monday through Friday from 9:00 a.m.-5:00 p.m., to get information about immigration policies and for referrals to legal service providers.

St. Frances Cabrini Center for Immigrant Legal Assistance - Part of Catholic Charities of the Archdiocese of Galveston-Houston, the St. Frances Cabrini Center supports refugees and immigrants. It is currently serving clients by appointment through phone or email interaction.

YMCA International Services - YMCA International Services assists refugees, immigrants, and other vulnerable populations and provides legal services to immigrants too.

South Texas College of Law Houston Immigration Clinic - This law school clinic represents clients in a vast array of matters, including deportation defense. Contact the clinic for availability.

Kids in Need of Defense - KIND provides legal representation for unaccompanied and migrant children in addition to counseling, educational support, and medical care.

Tahirih Justice Center - Tahirih Justice Center provides legal services, training, and education to immigrant women and girls. The Houston office does not accept walk-ins, so call for for an intake.

Immigration-Related Case and Court Information

Houston Immigration Court - The website for the Houston Immigration Court has a link for self-help materials as well as information about court procedures. There is also a link to its Virtual Law Library.

U.S. Citizenship and Immigration Services - In addition to information and forms about citizenship and green cards, the website for the USCIS also has information relating to delays in Extension/Change of Status Filings as a result of COVID-19.

Executive Office for Immigration Review - EOIR is responsible for the adjudication of immigration cases. In its Action Center, you can find links for online filing, case information, and legal representation, including pro bono legal services providers.

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: