UHLC Nota Bene

Many homes in Texas are located in subdivisions that are governed or managed by a homeowners association, or property owners association, as they are referred to in the state statutes. A property owners’ association is a designated representative of the owners of property in a subdivision ( Tex. Prop. Code §204.004 ). The association must be a non-profit, but many are surprised to learn that no Texas state agency regulates home or property owners’ associations. Yet, disputes between homeowners and their associations are all too common. Here are some basics of how a property owner’s association in Texas functions when it comes to disputes, as outlined in the Texas Property Code. The association has the power to: (1) adopt and amend bylaws; (2)adopt and amend budgets; (3) hire managing agents and employees; (4) regulate use, maintenance, repair, replacement, and appearance of the subdivision; (5) institute, defend, settle, or compromise litigation or administrative proceedings o...

Today marks the 50 th anniversary March on Washington for Jobs and Freedom, and Dr. Martin Luther King Jr.’s historic “I Have A Dream” speech. 1963, the year of the March, was also the 100 th anniversary of the Emancipation Proclamation , making it 150 years old in 2013, With today’s anniversary, media outlets, libraries, and archives everywhere are providing artifacts from the day, including oral histories and films from the day: Text of the Speech from the National Archives:   h ttp://www. archives .gov/press/exhibits/ dream -speech.pdf ‎   Restored film from the 1963 documentary, The March , created on request of the United States Information Agency to cover the events of August 28, 1963: https://www.youtube.com/watch?v=claihYpVYjg&feature=share&list=UUnAsiniI4DF7vAAe7omWWFQ Oral Histories of March participants via the New York Times:   http://www.nytimes.com/interactive/2013/08/23/us/march-on-washington-anniversary-memories.html Video...

As a new school year begins, you may be looking for some ways to start things off on the right foot.   Well, as you might expect, there are apps for that!  If you need a little help with your legal research, try using the WestlawNext app, which can be accessed for free with your law school account, or the free Fastcase app.   Work on those cite-checking assignments with the Bluebook app ($39.99) and keep up to date on legal news with the free ABA Journal app. To keep yourselves organized, think about downloading the Evernote app (free), which allows you to gather and save everything you need for your projects in one place.   And we all need a good calendar app; iStudiez Pro ($2.99) can help you plan your schedule and keep you from missing assignment deadlines.   Finally, make sure you get everything on your to-do list done with the list-making app, Clear ($2.99).    And it’s also important to take a break sometimes!   Che...

The Office of Scientific and Technical Information at the Department of Energy recently launched the National Library of Energy (Beta), a new search tool providing access to content from the DOE website and all DOE program offices as well as national laboratories and other facilities.   It covers topics such as science and R&D results, energy market information and analysis, and nuclear security and environmental management.        Currently, you can search across 17 databases and 83 websites using basic and advanced search options.   Once you have your results, you can limit them with filters such as subtopic, publisher, and date.   You can also email results and set up automatic alerts.   For more information, visit the National Library of Energy FAQS page .  

Those whose research interests involve oil and gas, natural resources, mineral, energy, and environmental law, will find the proceedings of the Rocky Mountain Mineral Law Annual Institute helpful for developing and refining a research topic. These materials contain papers of scholars who've presented at the annual institute sponsored by the Rocky Mountain Mineral Law Foundation . The law library has access to the multi-volume print set , which is located in the oil and gas law section of the law library stacks as well as the online version, which is available by clicking "Rocky Mountain Mineral Law Foundation Library" from the drop-down menu under "legal databases" on the law library's website . The print version contains a loose-leaf binder with three indexes that will allow the user to locate information by author, case, and subject. The online database, which requires the "law library's VPN" in order to access, allows the proceedings to be...

Now that the regular and called sessions of the 83rd Legislature have come to a close , it is time to sort through all of the new legislation to determine how it affects you. One useful resource that makes for lighter reading than the enrolled bills comes from the Texas Tribune . During the month of August, the Tribune will run its 31 Ways, 31 Days series that features a new column each day concerning a law that will impact the lives of Texans. Thus far, topics discussed run the gamut from regulations on craft breweries to proxy marriages for inmates. With such a variety of topics, the series is likely to touch on a law of interest before September 1, 2013, when much of the new legislation goes into effect . Of course, reports on 31 new laws only scratches the surface of the more than 6,000 bills passed without veto during the 83rd Legislature . For tips on researching Texas legislation, see these helpful Nota Bene posts: Tracking Texas Legislative Activity Here T...

  Today is the 25 th anniversary of the Civil Liberties Act of 1988, the law that apologized and authorized compensation for the internment of Japanese-American citizens during World War II.  Parties who would like to learn about the internment or its aftermath may be interested in the following historical legal documents:   Executive Order 9066 : In 1942 President Franklin D. Roosevelt designated certain areas of the United States as “military areas” from which all persons could be excluded, and authorized the Secretary of War to enforce compliance with this exclusion policy. Executive Order 9102 : Also in 1942, President Roosevelt formed the War Relocation Authority, an agency empowered to establish internment camps and to relocate persons to those camps. Korematsu v. United States : This 1944 Supreme Court case ruled that Executive Order 9066 was constitutional. Executive Order 9742 : President Harry S. Truman terminated the War Relocation Authority in 1946...

In honor of Shark Week , please enjoy the following list of resources suitable for addressing your shark-related legal interests, at least while in United States waters: Shark Management Sharks are considered a highly migratory fish species under the Magnuson-Stevens Fishery Conservation and Management Act .   As such, the National Oceanic and Atmospheric Administration is authorized to study sharks and work towards restocking shark populations . Shark Finning Under the Shark Conservation Act of 2010 , in United States waters sharks may only be fished if landed with their fins fully attached.   This law is intended to prevent shark finning , a practice in which sharks are fished and thrown back after having their fins removed.   Additionally, it is currently illegal to possess or trade in the fins of any or most sharks in Hawaii , California , Oregon , Washington , Illinois , Delaware and Maryland ; New York has just enacted a law that will ban trade in sh...

Dear readers, Thank you for your readership.  Because of you, as of August 2, 2013 afternoon, Nota Bene has achieved 59,810 page views with readers from five continents.  According to the record kept by Blogger (our hosting platform), you access our posts by all sorts of computers and handheld devices via many different browsers.  We here at O’Quinn Law Library are mighty glad that you find our blog useful.  Meanwhile would you like to give us some encouragement by nominating us to the American Bar Association’s Blawg 100, its list of the 100 best legal blogs?  The process is very simple: just click this link http://www.abajournal.com/blawgs/blawg100_submit/ and fill out the simple form.  Your nomination means a lot to us.  Many thanks.  The Nota Bene Team at O’Quinn

Libraries are well-known for archiving all kinds of materials, from books to manuscripts, to art and other tangible objects. Now, with the advent and proliferation of the internet, libraries are beginning to archive webpages and other born-digital material. Internet archives have increasing significance in the legal field as time goes on, as websites and their content change rapidly and are now serve as crucial evidence in all types of cases (issues concerning authenticating this type of evidence will be discussed in a future post). The International Internet Preservation Consortium was organized with the mission to “acquire, preserve and make accessible knowledge and information from the Internet for future generations everywhere” ( http://netpreserve.org/about-us/mission-goals ). The Library of Congress is one of many contributing members (including the well-known Internet Archive, a non-profit website) in addition to libraries and universities across the globe. In 2004, the Lib...