Oregon Restaurant and Food (Safety) Law

We’ve had a rash of restaurant and wait-staff questions, on subjects from music licensing, to tip-pooling, to "can a restaurant owner deduct credit card company charges from their wait-staff wages when a customer pays the bill with a credit card?" (The latter is definitely one of those “just when you think you’ve heard everything” questions.)

This post originally started out as one on a new Restaurant Law book we just got in the library, but, as usual, it took on a life of its own.

This post could also be combined with the previous one on Small Business Resources, but we’ll stick to food, so to speak, for the moment.

1) New book: The new title on restaurant law is from Sphinx Publishing, “The Law (In Plain English) for Restaurants and Others in the Food Industry,” by Leonard D. DuBoff (who also wrote the recent Sender Beware: E-mail Traps and Troubles article, with Christy O. King, that appeared in the July 2009 OSB Bulletin).

2) Some other Oregon resources on Food and Restaurant Law include:

a) Portland Restaurant Workers Association (PDXRWA)
b) Restaurant (food safety) Inspections
c) Food Handlers Manual
d) Oregon Department of Agriculture Food Safety Division
e) Product development (while it is very scary to think of food as a “product,” such is life as we know it now)
f) Food Carts Portland blog

3) Food, restaurants, and labor law, e.g. BOLI and blogs.

4) Food Law generally: Food Law dot org, Food Law Professors, FDA Food, and Food Law Blog.

Food lovers mantra: WASH YOUR HANDS

Oregon Uniform Trial Court Rules: August 1, 2009 Update

The latest Oregon Uniform Trial Court Rules (UTCR) will be released August 1, 2009. You will find an online version of it at the Oregon Judicial Branch website.

Locating Dissertations and Theses

It is not unusual for someone to think it is easy to find a dissertation or thesis: sometimes it is, and sometimes not. “The Internet Tubes” have made the search a little easier than in the past, but "they" (the Internets, that is) have complicated it in a few other ways, namely, if the document is not in the Usual (i.e. Old Days) Repositories For Such Things, the world of places one has to search for another repository has expanded exponentially. The upsides are that you may be more likely to find what you are looking for AND you will find some other very interesting titles while you search.

1) Check with your local reference librarians (most have some kind of online reference so you don't even have to get up or break a sweat).

2) Subscription databases (check also with your local libraries)
a) Dissertation Abstracts Online (Dialog)
b) ProQuest UMI Dissertation Publishing (and see their sidebar about searching Google for dissertations)

3)Miscellaneous

a) Worldcat (but check with your local library for the full Worldcat database)
b) Google Books: search dissertations guide, and include your subject, e.g. neural networks
c) Dissertations Topic Guide (Center for Research Libraries)
d) Research Guide to Locating Dissertations (University of Pennsylvania)
e) Dissertations and Masters Theses (SUNY, Albany)
f) There are also research guides for foreign university dissertations, e.g. this one from Yale University Libraries
g) The Electronic Theses and Dissertations Bibliography, Version 4, by Charles Bailey

Citing Unpublished Opinions and Copyrights & Legal Briefs

Legal Research Plus blog has had (at least) two very interesting posts this past week:

1) Writing the book on citing unpublished and non-precedential opinions, July 27, 2009, by Paul Lomio:

Excerpt: ‘Today’s mail brought Volume 10, Issue # 1 (Spring 2009) of The Journal of Appellate Practice and Procedure. This issue contains Professor David R. Cleveland’s book-length (116 pages) article “Overturning the Last Stone: The Final Step in Returning Precedential Status to All Opinions.”…’ (link to full post)

2) And, these posts on copyright, online publishing, and follow-up at the Volokh Conspiracy:

LexisNexis and Westlaw violating copyright?, July 23, 2009,Paul Lomio and its follow-up post, Read the Letter – Update: LexisNexis and Westlaw Violating Copyright?, July 23, 2009, Erika Wayne

Three-Strikes Laws and The Hunt for the Holy Grail

I’ve always said that the smaller the footnote or the simpler the question, the more time it will take to find the footnote’s supporting document or a citable document to answer the question.

We were recently asked how many states have three-strikes laws. Now, you would think this would be straightforward, but it’s not. There are many studies, many articles, many commentators, and many, many assumptions.

We find reports from a few years ago, tons of stuff from California on their recent legislation, some excellent research out of Hawaii on their 2009 legislative action to repeal their 3-strikes law, but nothing that can be used as a reliable current citation for all 50 states. I have charts from 2000, writers and journalists who say there were 23 states in 2004, 26 states in 2004 (Wikipedia, unfootnoted), and a fairly reliable study from 2006 that says 25 states. But nothing actually or even relatively official or authoritative (e.g. government or think-tank or nonprofit) from 2007 forward.

I've tried various databases of government criminal justice statistics sources and websites (from NCJRS, Dept Corrections, NIJ, NCSL, Sourcebook of CJ Stats, etc.). Maybe it’s just too darn hot and all data, and librarians, have melted.

What I need is something very recent, and citable, that says, x states have three-strikes (types of) laws as of 2008 or 2009. The two best reports I have found, and that will serve my needs for the present, are a Professor Ronald Wright article 20 Law & Policy 450 (1998) and a political science grad student's master's thesis from 2006 (found using Clusty), which has an excellent table too. (Lisa Dillon, “Three-Strikes Legislation and the Evolution of the Liberal Conception of Justice,” Marshall University, thesis, May 2006).

(Update: I just found a news story (from the Star Bulletin, 5/6/06) saying that Hawaii became the 26th state with a three-strikes law, which updates Ms. Dillon's excellent three-strikes laws grid.)

Is a Small Wind Turbine in Your Future (or your backyard)?

Building Codes Division proposes rule for quick approval of small wind turbines


Excerpt: "(Salem) — In its continuing effort to be flexible with the onset of new technology and advance sustainability, the Department of Consumer and Business Services, Building Codes Division (BCD), in conjunction with its Electrical and Elevator Board and the Oregon Department of Energy, has proposed a rule that would allow manufacturers to install small wind turbines quickly, yet safely. The rule provides a streamlined process of certification for small wind turbines as an alternative to the lengthy national certification process….” (link to full media release)

Look at the BCD website, under What’s New, for more announcements.

Oregon Ranks 2nd in Digital (e) Governance Survey

Assessment of State e-Government Services (from Law Librarian Blog):

“The National Center for Public Performance and the American Society for Public Administration have released U.S. States E-Governance Report (2008) An Assessment of State Websites, which evaluates security, usability and content of state websites, the type of online services being offered, and citizen response and participation....” (link to full post)

Finding Death Records and Obituaries in Oregon (and beyond)

1) Check first with your local public library! Public librarians know how to find all sorts of genealogical information in print and online and have networks for asking other librarians when the specific question is particularly vexing.

2) In Oregon, public libraries may have these subscription databases that you can search, sometimes remotely:
a) America’s Obituaries and Death Notices
b) Biography and Genealogy Master Index
c) Ancestry Library has an Oregon Death Index. It’s similar to the SSDI except it has Oregon Death Certificate numbers (but no SSNs). Call your library. Some libraries subscribe to it, but not necessarily as a remote access database so you may need to visit your library, use their local email reference service, or use the Oregon statewide one, L-net.

3) Web-based free online databases:
a) Oregon Center Heath Statistics: Death Data
b) Social Security Death Index
c) Random Acts of Genealogical Kindness

4) For official, certified copies of death certificates, you need to contact your state’s vital records departments. In Oregon, use the Center for Health Statistics.

The Crocodile (or bobcat) Next Door: New (2010) Oregon Exotic Pets Law

The Oregonian ran a story about the new law, 2009 SB 391 (HTML version), which will go into effect January 1, 2010: “Exotic Pets: bad idea, soon to be illegal.” (Online version: New Oregon law will clamp down on exotic pet ownership), by Jacques Von Lunen, Tuesday July 21, 2009):

Excerpt: “The four cats hiss fiercely as we approach their enclosure. When we go inside, two of them circle around to the opposite corner. It's unnerving, because these cats are no tabbies.

They're servals, African wildcats. The largest weighs close to 40 pounds. Their long legs make them excellent runners and jumpers; some call them the most efficient predators of all cats….
….
Many humans seduced by servals' looks find they're dealing with wild animals after all.

"We get about one call per month on servals," says Cheryl Tuller, co-founder of WildCat Haven. "These owners realized quickly it was a big mistake."

Typically, people are lured by a kitten's playfulness and cute looks but aren't prepared for the demands of an adult. "At about one year, things start to change," Tuller says. "You can't take (the wild) out of them."

This is obvious when Tuller's puppy, Maddy, shows up at the fence. Two servals dart toward him, and they don't look like they want to play….” (Read full article.)

The bill became Chapter 642 of the Oregon Laws when the Governor signed it on June 24, 2009: Relating to exotic animals; creating new provisions; and amending ORS 609.305, 609.309, 609.312, 609.315, 609.319 and 609.335.

Free PACER Federal Court Dockets

More free legal information - hurrah! See King County Law Library blog, KCLL Klues:

Free Federal Case Dockets Online

FreeCourtDockets dot com provides free court dockets from PACER (except for the U.S. Supreme Court, whose dockets originates from their own database). You must register (see their introductory information page) for access instructions.

(But, see my caveat, Mind the Gap.)

Servicemembers Civil Relief Act (SCRA) in Oregon

See March 18, 2010, OLR blog post for updated links.

The Servicemembers Civil Relief Act (SCRA) affects every litigant, lawyer, and judge. Ignore it at your peril.

Two SCRA laws that apply to Oregonians, one federal and one Oregon:

1) SCRA (previously the Soldiers’ and Sailors’ Civil Relief Act (SSCRA): 50 USC Appendix Sections 501 to 596 (Public Law 108-189 as amended by Public Law 108-454 (2004))

2) “Linscott bill” 2009 House Bill 2303 (2009 Oregon Laws Chapter 83, (2009 Laws): Effective date May 8, 2009)

For more information:

1) Protecting the Protectors: The Crucial Details Every Lawyer Needs to Know to Safeguard the Rights of Those in Uniform, by Janine Robben, OSB Bulletin, July 2009.

2) “The One for All: What Every Practitioner Must Know about the Servicemembers’ Civil Relief Act (SCRA).” March 6, 2009 CLE, sponsored by the OSB Military Assistance Panel, the PLF, and the Oregon State Bar. (Online to OSB member and print copy in some Oregon law libraries.)

3) See the service members information from the American Bar Association (ABA).

4) Pro se litigants also need to know about the SCRA and its requirements. Check with the court where you are filing your case for information and forms. Some of us in the county law libraris are working on an SCRA legal research guide for our non-attorney patrons and these will be posted online soon.

Note: Military Status Verification can take time if you can’t use the online service.

Hiring a Lawyer: Clients and Lawyer Fees

Having problems with the lawyer someone recommended to you or who you thought was recommended by an "online service" or a "best ever lawyers in the whole wide world" list?

It is not enough just to get a recommendation for a lawyer who can help you with your legal problem. You need to do a some preliminary research and have a conversation about fees and service with that lawyer.

If you do absolutely nothing else before you hire a lawyer, please:

1) Check the lawyer’s bona fides, i.e. contact your state’s legal licensing organization.

2) If you've never hired a lawyer before, ask that licensing organization if they have any information or advice about hiring and paying a lawyer. My favorite online primer on legal fees, from the Washington State Bar Association will be useful to anyone in almost any state, but do check with your own state’s legal licensing organization. And follow their advice!

3) If you have time for a little more, I recommend you start with the Nolo Press book: The Lawsuit Survival Guide: A Client's Companion to Litigation, by Attorney Joseph L. Matthews

Previous Oregon Legal Research blog post: Are you a licensed attorney?

The Washington County (Oregon) Law Library guide: How to Find a Lawyer in 6 Steps

Will Librarians Do Almost Anything for a Gold Book Cart?

From the July 13, 2009, ATC, NPR story, Librarians Go Wild for Gold Book Cart:

‘….Five teams of librarians — dressed in costumes ranging from Vikings to Elvis Presley — competed for the coveted gold book cart. They marched in drill-team formation, equipped with metal book carts.

Gretchen Roltgen, a 62-year-old librarian with neon blue hair, says it's a long way from Baraboo, Wis., to "the big dance."

"Our carts at home don't do wheelies as well as the models we use here. These are full-competition models," she says. "Absolutely, they're built for this type of rigorous competition." ….

The team from Oak Park, Ill., makes the day's most dramatic entrance. They swoop in wearing full Viking regalia, including horns, breast plates and swords.’

See pictures and read article at NPR website.

For more library book cart competition, see Unshelved’s Pimp My Bookcart Contest, an annual tradition since 2006.

Now, about those Sacred Stacks and Higher Purposes of Libraries and Librarians ….Google Image Librarians.

Student Loan Forgiveness: College and Professional Schools

The Public Service Loan Forgiveness program (and here) started July 1, 2009. There is more information, and links, at this Law School Academic News blog post. (Note: the program is not just for law students.)

This is a very new program and I recommend you run a search for the most up-to-date information. The following Google searches will bring up dot gov or dot edu sites, which are the best place to begin for very new educational benefit program information. You can also check with your financial aid office, if you are still a student.

Search string: Public Service Loan Forgiveness program site:.gov
Or,
Search string: Public Service Loan Forgiveness program site:.edu

Debt Collectors, Oregon Consumer Law, and the National Arbitration Forum

I’ve been working on a blog post linking to summaries of this Oregon Legislative Session’s consumer law accomplishments e.g. see the Oregon Live information, but got sidetracked by this story. Mandatory arbitration requirements have been a hot topic for a while amongst consumer law attorneys:

From an Oregon attorney’s blog post about a lawsuit against the National Arbitration Forum. Excerpt:

“This major development in the fight against arbitration abuse has potential to cause some serious carnage. The State of Minnesota filed a lawsuit against National Arbitration Forum, a leading arbitration provider, claiming that NAF is a front for debt collectors and their law firms and not an independent arbitration service. Here’s a copy of the complaint–it’s long–for anyone who is interested….” (read full post)

Other news stories about this lawsuit can be found using this search in Google:

minnesota lawsuit national arbitration forum (and set your date range for the past month)

Creative Copyright Event at UO Portland, July 16th for Musicians, Artists, Writers

This program is part of the UO Portland Summer Spotlight series.

“Interested in how copyright law affects creative work? Itching to write your own version of copyright law? Curious to know how musicians and artists might talk to an entertainment attorney, and vice versa?

Join the UO Portland Library and Learning Commons at 6:30 pm on Thursday, July 16 for “Free Culture: Creating Copyright and Copyrighting Creation,” a lively discussion of copyright and the arts. UO alum and entertainment lawyer Peter Shaver will talk with Portland-based electropop trio YACHT, and will engage the audience in a real-time redraft of copyright law.

This event is co-sponsored by the UO Portland Library and Learning Commons, UO Academic Affairs, and the UO Cultural Forum. It’s part of a larger series of summer events around themes of creativity, sustainability, and urban culture. All events are free and open to the public, and will be held at the UO Portland at 70 NW Couch Street.

To learn more about the series, please visit Summer Spotlight. To learn more about this event, please contact Karen Munro at kmunro@uoregon.edu.”

Link to the UO Portland Summer Spotlight website.

Oregon Same-Sex Couple: Right to Parental Status: Shineovich v. Kemp

Media Release (July 15, 2009) summarizing the case.

Oregon Court of Appeals case: Shineovich V. Kemp (A138013), filed July 15, 2009.

Excerpt: “In this action for declaratory relief, petitioner challenges the constitutionality of two statutes under which a married man is, by operation of law, deemed to be the legal parent of children born to his wife. Petitioner and respondent were in a same-sex relationship for 10 years, during which time respondent twice became pregnant by artificial insemination. After the parties separated, petitioner brought this action, seeking a declaration that she is a legal parent of the two children born to respondent. She asserted that ORS 109.070(1) (2003) and ORS 109.243(1) create a privilege--legal parenthood by operation of law--on the basis of gender and sexual orientation, in violation of Article I, section 20, of the Oregon Constitution. After the parties submitted their pleadings, the trial court dismissed petitioner's claims for failure to state a claim for relief, and petitioner appeals. We conclude that ORS 109.070 (2003) does not violate Article I, section 20, but that ORS 109.243 does. Accordingly, we reverse and remand.” (read full case)

Managing Email, Web 2.0, and Beyond: 20 Tips

The tips at this post, 20 Tips to Manage your Online Social Life, which I linked to from iLibrarian, piqued my curiosity. They may pique yours too - or not.

For me, it’s not so much my “social life” that needs managing. I can do that perfectly well or at least to my own satisfaction. It’s the work-related networks that start to feel overwhelming.

Mind Mapping isn’t new, but it has taken me a while to absorb its usefulness and adapt it. Password control is a necessity, but the right method eludes me still. These tips may not be exactly right for you, but they will keep your Organization-Maven Juices flowing in the right direction. Twenty tips are a bit much; I like new ideas in small bites, e.g. 3-4 tips at a time, max. But I can manage :-)

10 Free Online Legal Research Databases: But, Mind the Gap

1) For an excellent lineup of free legal research databases, see Robert Ambrogi’s Legal.Online column: 10 Places to Get Free Cases: A Very Good Price, from the Oregon State Bar Bulletin, July 2009 issue. In 2 pages he gives links and pertinent information about each database's coverage and caveats.

2) Another view of "free": Can Free Information Make Us A Vendor-Free Library?, posted July 13, 2009, Paul Lomio, has some interesting ideas, excellent links, and thoughtful Comments.

3) See also my Oregon Legal Research blog sidebar, which links to guides to Free and Low-Cost Legal Research Resources.

BUYER (!) BEWARE:

The old saying You Get What You Pay For applies to Free Legal Research Databases too, so Mind the Gap.

Consider these:

1) More than one online legal digital publisher has said: the information itself (e.g. the cases, the statutes, the articles) will all be online free in the near future. It’s the value-added by the legal publishers that will bring in and keep customers. If you’ve used any legal research database, you know that is a correct analysis of the business. Take a look at Lexis, Westlaw, Casemaker, Fastcase, LoisLaw, etc.

2) To loosen up my thinking-cap on the subject of free-ness, I recently put Chris Anderson’s (editor of Wired Magazine not to be confused with the editor of Wired dot com) book, Free, the Future of a Radical Price, on hold at the library and will read Gladwell’s New Yorker review of Free.

3) Free is wonderful. Free is Grand. Free is Risky. Free is free, and not always reliable. Free may not free, if your health, welfare, and happiness depend on it. I wouldn’t want to go up against another lawyer if I’ve done only unsystematic “free internet legal research.” As I’ve said before, willy-nilly is not a legal research strategy.

I want judges to use the law library and the legal research databases provided by the court.
I want doctors to go to the library once in a while and do some research. (I dare you, ask your doctor, "when was the last time you used the medical library's services to help you figure out a patient's medical problem?")

4) Mind the Gap: No matter how “free” your legal information is, it won’t do you a bit of good if it’s missing blocks of information. Systematic collections, digital or print, aren’t perfect, but you know where the information came from (e.g. which court) and from when to when (e.g. from 1970 to 1990).

“The Web” is notoriously gap-ful and however many “free” sites you have access to, either you know how complete the information is or you spend an awful lot of (expensive) time piecing it together.

Oregon Laws for Motor scooters, pocket bikes, mini-choppers or mini-motorcycles

Tis the season, apparently, to climb onto an open-air motorized vehicle:

There are state laws:
1) ODOT, DMV, Pocket Bike Guide (PDF)
2) ODOT, DMV Vehicle Index
3) ODOT, DMV Vehicle Violations
4) ODOT, DMV Vehicle Factsheet for Mini-motorbikes and Scooters
5) Oregon Revised Statutes (ORS)

And there are local laws: Contact your city or county law enforcement agency (e.g. police or sheriff) to ask if they have any brochures, training, and websites that have information for riders of these vehicles.

And, there is legal advice:

1) If you are between 11 and 17 years old, you can also always contact the Problem Solvers (FREE) service at the Oregon State Bar. An attorney can help you answer your question:

"Oregon lawyers volunteer as Problem Solvers to offer free legal information and advice to children. Any young person between the ages of 11 and 17 can call to request a referral to this program. Referrals include a thirty minute office visit with a volunteer lawyer. This service is not available in all areas. For more information, contact the LRS at 503-684-3763 or toll-free in Oregon: 800-452-7636." You can use their online form too.

2) Adults 18 years and over in need of a lawyer’s advice, e.g. if you will be accompanying children on a motorized vehicle adventure and want to know about safety and liability, contact the Oregon State Bar Information and Referral Service

Oregon’s Surgical Checklist and Medical Practitioner Bona Fides

If you have surgery in your future, don’t think about lawyers and medical malpractice if something goes wrong … think preventive, preemptive action, that is, BEFORE something goes wrong.

Oregon’s Patient Safety Commission has a Surgical Safety Checklist webpage.

You can also contact the Oregon Board of Medical Examiners, which regulates the practice of medicine in Oregon, to ask about your doctor or surgeon.

My previous post on this surgical checklist.

U.S. Supreme Court Cases Someone Will Ask About 7 Months from Today

U.S. Supreme Court questions someone will ask about and that we will want to find quickly.

These can all be found at the U.S. Supreme Court’s 2008 Term webpage:

1) The “firefighters” case, aka the “new haven firefighters case”: Ricci V. DeStefano, 07-1428 (decided 6/29/09)

2) The “high school strip search” case: Safford Unified School District #1 v. Redding, 08-479 (decided 6/25/09)

3) The “special ed” case, aka the “forest grove” case (to Oregonians): Forest Grove School District v. T. A, 08-305 (decided 6/22/09)

4) The “bought and paid-for judges” case, aka the “judicial recusal” case, aka the “elected judges” case: Caperton v. A.T. Massey Coal Co., 08-22 (decided 6/8/09)

5) The “double jeopardy” case: Yeager v. U.S, 08-67 (decided 6/18/09)

Visit the U.S. Supreme Court’s official webpage or the SCOTUS blog.

Escape from Custody in Oregon: Definition of “Constructive Restraint”

In a kinder, gentler world, the words “you’re under arrest” without any accompanying cuffs or restraints may mean you’re free to head off with impunity at a measured pace to the nearest coffee shop, or tree top, but in Oregon the words “you’re under arrest” means YOU’RE UNDER ARREST AND IN CUSTODY so stop calculating that escape route and forget about that Freedom Road Quickstep maneuver.

From the OJD Court of Appeal July 8, 2009, Media Release (or read the full case):

“State of Oregon, Respondent, v. James B. Thomas, Appellant (A135855) decided July 8, 2009:

Landau, P. J.
Defendant appeals a judgment of conviction for, among other things, escape in the third degree. He assigns error to the trial court's denial of his motion for a judgment of acquittal on that charge, arguing that there was insufficient evidence that he was in "custody" at the time he ran away from the presence of a police officer. Defendant asserts that the police officer's verbal instruction that he was under arrest, without any physical contact, was insufficient to establish that he was in constructive custody. Held: Because constructive custody does not require physical contact, the fact that the police officer told defendant that he was under arrest is sufficient evidence from which a rational finder of fact could find that defendant escaped from "custody." Affirmed” (read Media Release or full case)

Excerpt from the full case:

‘…Defendant was charged with, among other things, escape in the third degree. At trial, after the state adduced evidence of the foregoing events, defendant moved for a judgment of acquittal on that charge on the ground that the state had failed to prove that he had escaped from "custody" within the meaning of the statute defining the offense. According to defendant, although Perry had told him that he was under arrest, the officer "never actually laid a hand" on him, which he contended is a necessary component of placing an individual in actual or constructive restraint. The trial court denied the motion, reasoning that, when Perry told defendant that he was under arrest, defendant was constructively restrained, which is sufficient to establish the required "custody." ….’

Trial Notebook for Pro Se Family Law Litigants

Non-attorneys don’t often realize the amount of preparation that is required to prepare for a case, whether it’s researching, drafting documents, communicating with opposing counsel, appearing in Small Claims or Traffic Court, or before a judge in conference or at trial, and every interaction with the judicial system in between.

Lawyers learn and develop their own trial notebooks, paper and online, and pro se litigants need to do the same, without all the seminars and other training lawyers get on trial notebook preparation.

But here’s a good place to begin if you want to know what a trial notebook is: from the King County, Washington, Reference Librarian on their KCLL Klues Blog: Trial Notebook for Family Law.

Paralegal Certification, Oregon Mock Exam, August 2009

We all know how useful mock exams are - who wants to have take a test over and over again when it is possible to take a mock (aka practice) exam and learn your weak points, knowledge gaps, and how to cope with exam-jitters?!

If you think mocking is only for losers, think again. It’s really for winners. To Mock is Human, to Mock Exam Divine!

Visit the Pacific Northwest Paralegal Associations webpage, click on Seminars, and scroll down to the entry and application for:

"Pacific Northwest Paralegal Association Presents:
The Certified Legal Assistant/Certified Paralegal Mock Examination Seminar
Saturday, August 29, 2009

The Pacific Northwest Paralegal Association (PNPA) is offering the annual 1/2 day CLA/CP Mock Examination Seminar for those interested in taking the National Association of Legal Assistant's certification examination. During this seminar we will review the qualifications for the application to take the examination, the substantive areas/topics covered by the examination, and you will actually take a mock examination to test your knowledge. The registration fee includes a copy of the CLA Study Guide and Mock Examination.

Please submit your registration before August 21, 2009. Registration fees will be refunded if cancellation is requested by August 26, 2009. A discounted fee is available for paralegal students (be sure to submit proof of enrollment with your registration)."

Previous OLR post about PNPA.

Blogger Ethical Code and Toni Morrison’s Trustworthiness

Journalists have ethical codes and so do librarians and lawyers. (Librarians also have a intellectual freedom codes, which might answer some of your question about why we can be so pigheaded).

Do Bloggers Share an Ethical Code?, posted at attorney Donald Vanarelli’s blog, is worth reading:

Excerpt: "According to a recent study published in the June 2009 edition of the New Media & Society journal entitled doing-the-right-thing-online-a-survey-of-bloggers-beliefs-and-practices, bloggers share a group of ethical principals. This first large-scale survey of blogging ethics identified four underlying ethical principles important to bloggers: truth telling, accountability, minimizing harm and attribution..." (link to full post)

I also like his Blogging Goals post and may adopt the practice, though he seems much more focused and organized than I am about blogging. It will remind me that bloggers are, or should be, immune to people who sniff at bloggers, as if we are less than “real” writers. Most of us within our blogging ranks do strive for professionalism and trustworthiness, which reminds me of the following ....:

I have found myself talking about this Toni Morrison/Trustworthiness interview to several people. It left a deep impression on me, her wisdom and forcefulness - and the rightness of rating trustworthiness so highly.

Excerpt: “… Q: Do you ever think about your legacy? I should, because I had an awkward moment some years ago when I was in England for a reading. The [moderator] onstage asked me how I would like to be remembered, and I said as trustworthy, as embracing, as someone in whose company you always felt a little bit better. And some black girls [in the balcony] said, “What are you talking about? You mean you have won the Nobel Prize and all you want to be is trustworthy?” They were furious.

Q: What was your reaction? I was so taken aback. And I said I wasn’t thinking about them or the world. I was thinking about my children, my sister, my mother, my father. I wanted to be remembered as somebody they could trust. But those girls wanted me to be remembered as “the first black person, the first female…”

Q: Well, I suppose there’s something in between, yes? There’s nothing in between.”

(Link to full story and interview at AARP site ("Newsmaker: Toni Morrison," by Marilyn Milloy, January & February 2009 AARP Magazine: "The Nobel laureate imagines a world where race doesn’t matter")

Oregon State Court Fees Change July 1, 2009

See the explanatory memo at the Oregon State Bar (OSB):

“Effective July 1, 2009, some state court filing fees will change due to 2007 legislative changes that become effective July 1, 2009, and the extension of the temporary filing fee surcharges through September 30, 2009, as provided in a 2009 legislative bill (HB 2287B). The Oregon Judicial Department has more information here.

For circuit courts, there is no single circuit court fee schedule, because circuit court fees vary by county depending on local fee assessments. If a court has not posted its fee schedule on its webpage, contact the court directly for information….” (Link to full OSB announcement)

AND link to more information at the Oregon Judicial Department:

“…Before filing papers in a state court on or after July 1, 2009, please check the court's website or contact the court for correct fee amounts.

In addition, the 2009 legislation (HB 2287B) results in other new fees and fee changes that will take effect October 1, 2009. Information on those forthcoming changes will be posted at a later date.” (Link to OJD announcement)


Note: Fees are changing as a result of 2007 and 2009 legislative actions, so don’t get confused when you see references to 2007 and/or 2009 notices.

The bottom line is: Check with the court where you file your case!!!

When Cheating isn’t Cheating: Public Speaking Tricks

Just as there are some lotteries you don’t want to win (e.g. airplane crashes), there are also some cheats who aren’t really cheats - not the bad kind, at least.

Ever wonder how good public speakers seem to talk without notes? While some really can, others have tricks. I love these simple ones - and am sure we can think up others:

Public Speaking: Take a Peek:

Excerpt: “I usually have notes hidden around the stage, but the audience
never knows that I'm looking at them.

I look at my notes that are lying flat on my table when

1. The audience is laughing
2. When I'm pushing buttons on my laptop… “ (read full post)

I also learned a couple of useful public speaking “No More ZZZs” techniques from watching the Comedy Sportz folks who masterfully entertained an 8-80 (years-old) crowd at a private party.

More on public speaking, from Toastmasters Oregon.

More on Cheating: Detecting Plagiarism:

Essay mills, debt collectors, Ukraine, Philippines, lawyers, doctoral students …. If you haven’t thought about plagiarism by students, read this article from the Chronicle of Higher Education (4/20/09):

Cheating Goes Global as Essay Mills Multiply: From Virginia to Manila: on the trail of papers for cash, by Thomas Bartlett

(Story lead from Library Link of the Day, April 30, 2009.)

GAO Reports on Reverse Mortgages

Another reminder that there are no quick fixes or free lunches in the world of finance, law, consumer protection, or living a long and healthy life:

beSpacific alerts us to two new GAO reports on reverse mortgage consumer protection issues:

1) Reverse Mortgages: Product Complexity and Consumer Protection Issues Underscore Need for Improved Controls over Counseling for Borrowers, GAO-09-606, June 29, 2009

2) Reverse Mortgages: Product Complexity and Consumer Protection Issues Underscore Need for Improved Controls over Counseling for Borrowers, GAO-09-812T, June 29, 2009

Health Care (Medical) Advocates

A May 2009 It’s Only Money column at Oregonlive ran an interesting set of stories on health care advocates and on how to challenge health care bills. The article included lots of self-help tips and links.

Health care advocates can, among other things, scrutinize your medical bills for errors the same way legal billing auditors do (though mostly for clients with the money to pay to have their bills scrutinized). The average person isn’t as likely to wrack up huge legal bills the way the average person can wrack up huge medical bills, so do some research before you call in the lawyers.

Legal Aid Services of Oregon (LASO) also has a brochure on Unpaid Consumer Debt (click on Consumer).

Bedsworth Tips his Hat (and his wit) to Jailbirds Who Fly the Coop

It’s a new month and the funniest judge in the country is still on the bench and online:

Justice Bedsworth, of the California Court of Appeals, returns in July 2009 with his not to be missed Criminal Waste of Space column in the Orange County Lawyer Magazine:

"A Ticket to Walk: Beds takes a look at prison administration"

Previous Bedsworth tales of woe and law can be found at May it Please the Court.

Oregon Curfew Laws, Expungment Guides, and More

Summertime, and the living is - not so easy for parents of minors. See the Washington County (Oregon) Curfew Calendar.

Check with your own city to find out its rules. For example, I typed the words Portland Oregon curfew laws into Google and got this link and this recent KATU story.

And, take a look at the new Washington County (Oregon) Juvenile Department webpages, which have lots of useful information. For example:

1) Divorce and conciliation
2) Emancipation
3) Expunction (expungement) of juvenile records (and see also the expunction information at the Washington County Circuit Court (or your own Circuit Court).
4) Washington County Law Library