One Flu Over the Top? “Swine” Flu in Oregon

If you want information about “Swine” Flu and you want information that doesn’t SCREAM at your or PANIC you or otherwise make you a basket case (maybe related to this handbasket), check out your county health department’s websites. For example:

1) Washington County
2) State of Oregon Flu website

3) See also these for more lessons learned (we hope):

Are we morally ready for another great pandemic? Preparing for swine flu raises ethical issues — including questions of who gets treated and who doesn’t, by Peter Korn, The Portland Tribune, Aug 27, 2009,

and,

Spanish flu epidemic hit Portland hard: Heavyhanded tactics might have created a backlash against rules, by Peter Korn, The Portland Tribune, Aug 27, 2009

4) Previous OLR Flu blog posts.

U.S. District Court of Oregon Cases NOT Available on a Free, Public Website

Why should Oregon (and some other states) federal District Court cases be available only to people with access to paid subscription databases such as PACER, Lexis, Westlaw, etc.?

With all the loose (i.e. uninformed) talk about “it’s all online” and PACER possibly becoming free and open (with all those unredacted documents - maybe yours?), I expected to find all judicial opinions, or at least federal court opinions (they have bigger budgets than the states) online.

I started looking for something fairly benign, like our very own Oregon federal District Court judicial opinions and found that no, U.S. District Court of Oregon cases are NOT available on a free, public website. Not on Findlaw, LexisOne, PLoL, Justia, or anywhere else. You might be able to find a few selected cases, but not an official database (and authentic) with a complete sequence of up-to-date cases, searchable or otherwise.

PACER could become a source for all federal court opinions, but for now, we have only this piecemeal effort. (See the Cornell’s LII Federal Law chart for links.)

I referred in a blog post about condo law to a recent Oregon federal district court case and thought I would be able to link to a free, public version of the case.... Alas.

Oregon Condo Law and Lawyer Blogs

The list of Oregon law blogs is growing. Check out Justia’s Oregon Law Blogs list and my own sidebar list of Oregon law blogs. Neither is absolutely complete and non-Oregon bloggers also write about Oregon law.

I recently added to my sidebar list the NW HOA Law Center, which has an excellent blog where lawyers write detailed posts on condo and HOA legal issues.

One easy way to track blog posts on Oregon law is to go to the Justia Blawg Search, type in the word Oregon, and then click on Sort By Date (upper-right hand of screen).

For example, I found a link to this post using that search strategy: Oregon District Court Addresses the Meaning of "Condominium" in a CGL Policy, posted on August 20, 2009 by Diane Polscer:

Excerpt: “In Bridgetown Condominium Homeowner’s Assn. v. Granite State Ins. Co., 2009 U.S. Dist. LEXIS 51568, Judge Anna Brown of the Oregon U.S. District Court recently examined the meaning of the undefined term “condominium” within the meaning of a CGL policy. In Bridgetown, the plaintiff homeowner’s association had previously settled a state court action with a defendant developer for claims at a condominium project. The project consisted of fourteen single-family dwellings. The plaintiff entered into a stipulated judgment with the insured defendant in which the plaintiff agreed it would seek a portion of the stipulated judgment amount from the defendant’s insurer. The plaintiff then brought this garnishment action against the insurer….” (link to full post)

Do you want to read the case? You’ll need to ask at your local law library because it’s NOT ONLINE at any free, public website. Not from the official U.S. District Court for Oregon website or from Findlaw or from LexisOne or from any of the others. Notice the pattern? You can find U.S. Supreme Court and Court of Appeals cases, but not U.S. district court cases. Check out the Cornell Legal Information website, see how many District Courts post their opinions on their public websites, but not Oregon.

Oregon Tax Court (don’t follow the yellow brick road)

It takes skill to navigate a website, especially one chock-full of information and one under (re)construction.

You might think that if you go to OJD Judicial Opinions and then select Tax Court Magistrate Division that you’ll get the Tax Court Magistrate Opinions. But you don’t! At least not really, not yet, and not all of them in a nifty database. For that you’ll have to go to a different OJD Tax Court database, where you will find Oregon Tax Court cases back to 1999/2000.

We all have migration to new website issues to contend with, just as we did when we had to contend with print resources that changed format from loose-leaf, to bound, to legal size, to letter size, etc. It keeps us on our toes.

Website migration isn’t for the fainthearted, especially if you are the one on the outside looking in. But we will all be a migrator or a migratee at some point in our lives, so be patient - dare I say empathetic.

100 Terrific Tips and Tools for Bloggers (especially Librarians)

Has any librarian not linked to and blogged about this post on 100 Terrific Tips and Tools for Blogging Librarians? Most of these tips will be useful to anyone who wants to be a good blogger.

Writers write about writing and bloggers blog about blogging. We all have much to learn.

Law Dictionary: Oregon Legal Glossary

Check out the latest Oregon Legal Glossary at Oregon Laws dot org. It’s a fun, easy to navigate, and the sidebar list of links to other Oregon (and 9th Circuit) glossaries is super-handy.

Happy Hour in Oregon and More Difficulties with Legislative Drafting

Hard on the heels of my last post on legislative drafting, we have another story and example:

OLCC revisits restriction on happy hour ads, by Bill Graves, The Oregonian, August 20, 2009

Excerpt: '... The happy hour restriction annoys restaurants and bars and frustrates state officials who question whether it's effective and find it difficult to enforce.

The law was adopted to prevent happy hours from promoting binge drinking, but Linda Ignowski, OLCC regulatory director, said in her 14 years, she has seen no connection between happy hours, which are usually earlier in the evening, and excessive drinking. Intoxication usually comes later at night, she said.

Moderation groups such as the nonprofit Oregon Partnership, which is devoted to preventing alcohol and drug abuse, have never cared for happy hours. But if the rule doesn't work, then a review makes sense, said Pete Schulberg, spokesman for the group. That doesn't mean the group wants to relax restrictions on selling drinks at cut rates, he said.

"Anytime you advertise that the price is decreasing," he said, "there is no question but that it means more people are going to be drinking."

The Oregon Restaurant Association questions whether the rule is needed, given that plenty of other rules on the books regulate bar prices and practices, including a prohibition against serving drinks to people who are visibly drunk, said Bill Perry, lobbyist for the association....' (link to full article)

There is also clearly a statutory (and regulatory) construction problem here. Also from this same article:

"... The happy hour rule specifically bans references in ads to happy hour, dimers, two-for-one, social adjustment hour or free drinks.

The state is finding the rule increasingly difficult to enforce, especially after an administrative judge decided last month that it's all right for Johnny's Bar & Grill in Salem to advertise ladies night, college night and OLCC appreciation night because those phrases don't appear in the regulation.

The restriction doesn't have much force, says Ignowski of the OLCC, if the state bans some words in ads but permits the use of others that mean the same thing.

The OLCC has told restaurants that "happy hour" can be used in an ad if it refers only to food, as did a recent McMenamins ad in The Oregonian. But the recent ruling on Johnny's says that using "happy hour" violates the law, even if it is only about food...." (read full article)

Maybe it’s time for a Moderately Amused Hour!

For more information:

1) Oregon Liquor Control Commission (OLCC)

2) OCLL Laws and Rules

Without Clothes in Oregon: the Art and Craft of Drafting Legislation

Naught vs. Naughtiness: The OLR blog is not prudish, but spelling out certain words on the Internet attracts attention from unwanted quarters, e.g. spammers and other undesirables, so forgive my word replacement choices - it is for my own sanity.

This quote, in this article, Ashland city attorney to examine nudity ban (by the Associated Press, August 20, 2009) caught my attention:

“…Oregon does not have any laws restricting nudity or have a crime of indecent exposure. Instead, people can be arrested for public indecency, but that requires sexual arousal.

Ashland adopted its partial nudity ban in 2004….” (read full article).

From the Ashland City website, you can easily find information about this ordinance, which is on the August 18, 2009, City Council Agenda. (This link may not be the direct one for a long time, but Ashland seems to do a great job at archiving these documents on their public website.)

And the Oregon Revised Statutes (ORS) can be searched online, too.

People who don’t draft legislation or statutes (as opposed to the lawyers and judges who have to interpret the laws and ordinary people who have to figure it out on their own) don’t realize how tricky a task drafting legislation is. Even apart from the political high-wire act, the dance of legislation, there is the sheer magnitude of kneading, folding and shaping the English language into sentences and paragraphs that will govern the conduct of thousands or millions of people.

The office of Oregon Legislative Counsel has a bill drafting manual on its website, in addition to a form and style manual.

One also has the problem of people who think they know what a statute says but don’t really, not having read its actual text, e.g. (111th Congress) H.R. 3200, ¶ 1233, which you can read at Thomas dot gov by typing H.R.3200 into the search box (select Bill Number) or just type that same search into Google for a direct link.

Oregon Legal Research Guides: Traffic, Landlord-Tenant, Debt Collection and MORE!

Take a look at the Lane County Law Library Index to Legal Research Guides. It’s excellent and will just get better and better. They link to useful legal research guides from Northwest law libraries:

· Adoption
· Oregon Administrative Rules
· Bankruptcy
· Obtaining Birth Certificates
· Border Crossing Guide
· How to Find Oregon Appellate Court Briefs
· Consumer Information/Protection
· Criminal Law and Procedure in Oregon
· Debt Collection--Creditor's Rights
· Foreclosure, Repossession and Liens
· Oregon Forms
· Landlord/Tenant
· How To Find A Lawyer In Oregon
· Oregon Legal Ethics
· Researching Oregon Legislative History
· Oregon Legislative Records
· Medical Malpractice Issues: Research Sources
· Name Changes in Oregon
· Using the Oregon Revised Statutes
· Finding Public Records in Oregon
· Small Claims Court and Procedures
· Traffic Violations

And, if you’re a Northwest law librarian with a legal research guide not included in this list, let the Lane County Law Librarian know!

Lane County Law Library Index to Legal Research Guides

Authority of State (Oregon) to Enforce Federal Funeral Service Regulations

For a detailed description of the statutory and administrative framework for the regulation of funeral services, read this recent Oregon Court of Appeals case:

Olson v. State Mortuary And Cemetery Board (A136781)

Judge Landau: "... On review, petitioners advance eight different assignments of error, ranging from a challenge to the authority of the board to enforce federal funeral service regulations at all to arguments about the propriety of the board's interpretation and application of state and federal funeral service regulations in various particulars. We reject each of petitioners' assignments of error and affirm...." (read full case)

How to Find an Oregon Administrative Rule History

Finding the history of a judicial opinion or a statute is relatively straightforward, if only because we do that research so often. This is not the situation when researching the history of a regulation or other administrative rule, especially at the state level.

Also, most of the time we’re looking to update the law (regulation, case, or statute), that is finding out how the particular law reads today, not what it said 10 years ago or how it got to be what it is now, that is, what happened x years ago that made the rule change to what it is now.

So, how do you find the history of an Oregon administrative rule?

Here are some administrative rule history research tips:

1) Read about the administrative law process (and the Oregon Administrative Procedures Act (APA)). It's hard, if not impossible, to research administrative law without understanding, uh, administrative law.

2) If you are researching a rule that is more than a couple years old, some of the documents you will need may not be online. Even print versions of the superseded Oregon Administrative Rules (OAR) can be found at only a handful of libraries. But, before you throw up your hands, do a little homework first:

3) If you look at the Oregon Administrative Rules and Bulletin website, you’ll find information about how to track the history of an administrative rule:

Specifically see the section titled ‘Understanding an Administrative Rule’s “History”’:

State agencies operate in a dynamic environment of ever-changing laws, public concerns and legislative mandates which necessitate ongoing rulemaking. To track the changes to individual rules and organize the rule filing forms for permanent retention, the Administrative Rules Unit has developed for each rule a “history” which is located at the end of rule text. An administrative rule “history” outlines the statutory authority, statutes implemented and dates of each authorized modification to the rule text. Changes are listed in chronological order and identify in abbreviated form the agency, filing number, year, filing date and effective datet. For example: “OSA 4-1993, f. & cert. ef. 11-10-93” documents a rule change made by the Oregon State Archives (OSA). The history notes that this was the 4th filing from the Archives in 1993, it was filed on November 10, 1993 and the rule changes became effective on the same date. The most recent change to each rule is listed at the end of the “history.”’

4) If you don’t have access to the “Oregon Bulletin” for the years you need, you have a couple of options:

a) "Locating Administrative Rules Unit Publications: The Oregon Administrative Rules Compilation and the Oregon Bulletin are available in electronic and printed formats. Electronic versions are available on this web site. Printed copies of these publications are deposited in Oregon’s Public Documents Depository Libraries listed in OAR 543-070-0000 and may be ordered by contacting: Administrative Rules Unit, Oregon State Archives, 800 Summer Street NE, Salem, OR 97310, (503) 378-5199"

b) And then, if you don't find the underlying documents you think might exist, contact the Agency Rule Coordinator for the Rule you are searching. They can be very helpful and knowledgable!

For more Oregon administrative law links, visit the Boley Law Library research website

Basic Oregon Legal Research Resources

This is a shortlist of some basic, and frequently overlooked, Oregon legal research resources (and one non-Oregon title), for the new Oregon attorney or legal researcher. Most of these are in print version only, not online.

You don’t need to buy these, but you should know about them. Your local law library will either have or have access to the titles that are in print only.

1) Legal Information Buyer’s Guide & Reference Manual, by Ken Svengalis (updated annually, not online)
2) Oregon Legal Research, 2d edition (2007), by Suzanne e. Rowe (not online) (previous edition also useful)
3) Oregon Judicial Department Style Manual (print edition is dated 2002 and online 2002 edition is updated periodically at the OJD website)
4) Attorney General's Administrative Law Manual and Uniform and Model Rules of Procedure under the APA (not online)
5) Oregon Public Records Manual (not online in full)
6) Other important Oregon AG Office publications
7) Oregon Practice Materials, from the University of Oregon Scholars Bank

Attorneys who specialized in a particular subject area, may also want to keep previous editions of the ORS on hand. (Superseded ORSs are not online, though the Oregon law librarian community is working on that problem.)

I know attorneys who have been practicing for 30+ years and have complete sets of those wonderful individual volumes that Legislative Counsel has been publishing. I hope these attorneys think of their local law library, or fellow attorneys, before disposing of their priceless, and compact, sets!

Other Oregon legal research resources not online include:

· County codes, superseded
· Court approved legal dictionaries
· Disciplinary reports
· Jury instructions, Oregon
· Legal encyclopedias (some online, but only for paid subscribers)
· Legal forms, OSB (some online, but only for paid subscribers)
· Legal journals (some online, but only for paid subscribers)
· Legal monographs (some online, but only for paid subscribers)
· Legal treatises (some online, but only for paid subscribers)
· Municipal codes, superseded
· OCDLA publications
· Oregon leg history pre-1995
· ORS, superseded (prior to current edition, which is online)
· Oregon state bar publications (some online, but only for paid subscribers)
· PECBR (some online, not all)

Related OLR blog posts:

1) What if the Law You Find Online isn’t Really The Law?

2) 10 Free Online Legal Research Databases: But, Mind the Gap

3) Let’s Kill all the Law Libraries (and follow-up)

Reading Saves Consumer Time, Money, and Lives

Lots of people clip coupons, swallow pills, or spend hours scanning the "over-the-counter pharmacy" shelves at the store, without doing their homework first. How do you know that product is safe or if you really want that one rather than another one (or none at all)?

Consumer, or shopping, homework doesn't just mean reading the ads or looking for "reviews" on the web. How do you know those reviews are for real? Who is comparing the product and to what? Is the price offered one that give you "good value?"

For example, the latest issue of Consumer Reports (September 2009) has articles that will definitely save you money and maybe your life or your health, your financial and your physical health.

It's a great issue:

1) Nurses tell you what to look out for when you are in the hospital (learn how to tell your doctors and nurses to wash their hands!)

2) Read about the downsides of reverse mortgages (don't get scammed!)

3) See product ratings, before you buy! GPS navigators, plasma TVs, and much more.

4) See health care plans reviewed and rated.

5) See home insurance policies and companies reviewed and rated.

Wait, there's more! Your public library probably has Consumer Reports in print, and possibly online too. Give them a call or stop by.

And, if consumer protection rocks your boat, read up on the proposed Consumer Financial Protection Agency or 2009 bill (H.R. 3126) now in Congress. (You can also search for more Google links with this search string: Consumer Financial Protection Agency site:.gov )

Are Oregon County Counsel Opinions "Public Record"?

In the late 70's through 1980's Oregon county counsel attorneys prepared formal opinions on significant issues, sort of like Oregon Attorney General opinions. These opinions were open to the public, but used infrequently because many were soon out of date and potentially misleading to those who didn’t work with these sorts of documents on a regular basis.

If you need a particular county counsel opinion, ask a staff member in your county counsel’s office. They may have a list or an index of their opinions.

These "formal" opinions are different from other written memos, analysis, etc. that county counsel attorneys write. The latter are generally covered by the attorney-client privilege unless the client waives it. In most cases the client does use it publicly and waives - but that is determined on a case by case basis.

Some county counsel offices are using software to make storing and locating previous opinions easier to find than the paper, file-folder method of document storage. But such software and conversions cost time, labor, and not a small amount of money, and many county offices around the state are on shoe-string budgets.

More about Oregon public records laws. Keep in mind that only a fraction of the Oregon Public Records Manual is online.

And don't forget the elusive General Orders!

Training: Confidentiality, Paralegals, and other Legal Office Staff

The Pacific Northwest Paralegal Association (PNPA) is offering this course:

An ethics program, Confidentiality: A Responsibility of Legal Staff, presented by Beverly Michaelis, JD, of the Professional Liability Fund. The registration form is available at http://www.blogger.com/www.pnwpa.org. The registration deadline is Friday, August 14th, 2009.

(Always confirm date and time shortly before any scheduled event).

(See my previous post about attorney-client confidentiality.)

Orphan Works: Best Practices Guide, from Archivists

Law Librarian blog post: Orphan Works: A Statement of Best Practices links to the report (PDF) from the Society of American Archivists.

There is another post about this on a July 22, 2009 post at the Library Law blog: At last! Guidance for users of Orphan Works

(And while you’re at that blog, don’t miss Peter Hirtle’s July 5, 2009 post on: They Myth of the pre-1923 Public Domain)

Oregon Bicycle Survey: Have Your Say!

BTA wants to hear from riders AND non-riders, so have at it.

Act soon - it’s anyone’s guess how long the Survey will be kept up on the website.

1) Portland Tribune story: Group seeks opinions on region’s bike issues: Bicycle Transportation Alliance conducting online survey, The Portland Tribune, Aug 4, 2009

Or,

2) Visit the Bicycle Transportation Authority website for more information and another link to the Survey.

Baseball Law!

Who couldn’t use a book on Baseball Law? We sure could here in the Portland-metro area.

A summary of what you’ll find in “The Little White Book of Baseball Law,” by John Minion and Kevin Cole.

My previous (and favorite) post on baseball, and don’t forget f/k/a’s baseball haiku.

Traffic (and Driving) Tips from Washington State and Oregon Traffic Legislation Round-up

Driving canines, flip-flopping on the gas peddle, beating a breathalyzer (with a penny?), and much more --at Seattle911, a police blog.

As little as we know about our own (Oregon) city or state’s traffic laws, we know even less about our destination city’s laws.

So, if you’re heading to Seattle (or anywhere in Washington State, for that matter), here is some wonderful Q & A to read before venturing out in your car, on your bicycle, or even at all: KCLL Klues blogs about Seattle traffic law Question & Answer websites: Conveyance Quandry? Consult a Traffic Blog!

In Oregon, we do have the Oregonian’s Road Report, but it’s not quite the same thing, is it? And then there is the DMV website, the OLR blog, the Oregon State Police and, well, who doesn't keep everyone informed about traffic law enforcement (including the people who want you to hire them to beat your ticket)?

You could also try a subject search at the Oregonlive legislation website, but you won’t easily find out which bills became law. You’ll need to check each bill’s number with the Legislature’s or Governor’s website to find out whether or not the bill became law. Laws about traffic, including motor vehicles, bicycles, drivers, pedestrians, law enforcement, etc. can go through the legislature’s transportation committee, judiciary Committee, and possibly others.

The Oregon Legislative Liaisons are an excellent source of assistance if you are looking for any legislative-related information. Their phone number is 503-988-1000 (in Salem). (Research tip: I always start with the Liaisons, but sometimes need to move on the Legislative Library or the State Archives, where you will also find very helpful research specialists.)

Oregon Traffic Legislation Round-up (to date):

And my special thanks to committee administrator, Patrick Brennan for the following round-up to date of traffic legislation out of the Transportation Committee this 2009 Legislative Session. (Note: this does not include traffic-related bills and laws from other Committees, e.g. Judiciary - and the list won't be final until all has been signed and digested, so to speak.)

· House Bill 2001 - Jobs & Transportation Act (Gov signed 7/29, Chapter # pending)

· House Bill 2040 - Expands "move over" law to roadside assistance vehicles & clarifies law (Chapter 198, Effective 1/1/10)

· House Bill 2234 - adoption of rules regulating rest stop behavior (Chapter 99, Effective 1/1/10)

· House Bill 2235 - removal of trees threatening state highways (Chapter 130, Effective 1/1/10)

· House Bill 2236 - alternate fuel corridors (did not pass)

· House Bill 2377 - prohibits cell phones while driving unless hands free device used (Gov signed 7/28, Chapter # pending)

· House Bill 2385 - no smoking with children in car (did not pass)

· House Bill 2562 - increases maximum allowable length of school buses (Chapter 31, Effective 3/26/09)

· House Bill 2690 - "Idaho Stop" for bicyclists (did not pass)

· House Bill 2884 - pursuit authority for motor carrier enforcement officers (did not pass)

· House Bill 2902 - creates nonmotorized transportation fund (did not pass)

· House Bill 2971 - increases share of highway fund for bike/ped from 1% to 2% (did not pass)

· House Bill 3379 - allows extension/amendment to local transportation plan (Chapter 589, Effective 6/25/09)

· Senate Bill 34 - increases payroll tax allowance for TriMet (Chapter 253, Effective 1/1/10)

· Senate Bill 36 - provides explicit authority to Multnomah County to toll bridges under its jurisdiction (Chapter 385, Effective 1/1/10)

· Senate Bill 124 - increases penalty for operating motorcycle w/o endorsement, allows for diversion (Chapter 482, Effective 1/1/10)

· Senate Bill 170 - expands airport "through the fence" program (Chapter 398, Effective 1/1/10)

· Senate Bill 536 - prohibits compliance with Real ID Act unless feds provide money and security for program (Chapter 432, Effective 1/1/10)

· Senate Bill 546 - expands requirement for motorcycle education course to all riders (Chapter 810, Effective 1/1/10)

· Senate Bill 579 - requires children to use safety belts/harnesses on applicable ATVs (Chapter 498, Effective 1/1/10)

· Senate Bill 583 - requires motorcycle helmets for Class II ATV riders under 18(Chapter 452, Effective 1/1/10)

· Senate Bill 689 - revises Oregon billboard regulations (Chapter 463, Effective 1/1/10)

· Senate Bill 937 - requires renewal applications for disabled parking placards to be accompanied by doctor note (Chapter 238, Effective 1/1/10)

· Senate Bill 944 - requires Lane County to create an Area Commission on Transportation (Chapter 509, Effective 1/1/10)

· Senate Bill 961 - creates a "Pacific Wonderland" license plate (Chapter 823, Effective 1/1/10)

Oregon OSHA: Small Biz Safety Committees, Silica Dust Dangers, and Fall Protection Regulations

Oregon’s Occupational Safety and Health Administration’s (OHSA) August newsletter is out.

Three noteworthy stories:

1) "A fine danger: Controlling silica dust, by Melanie Mesaros (page 4):

Rustic stone fireplaces and contoured granite countertops may look beautiful, but workers creating such masterpieces face a real risk. Silica, a naturally occurring mineral, is found in rock and sand all across the world and can lead to tissue damage, scar tissue, and even lung cancer...." (read full story)

2) This Q & A: “A question came up regarding the regulations or law concerning whether it is a requirement to periodically test retractable fall protection devices. If so, what are the requirements?” For the answer, see page 10 of the newsletter.

3) “Rule change for all small employers to take effect in September (page 14):

After an extended phase-in period, the rule revision requiring all employers to have a safety committee or hold safety meetings with their employees takes effect on Sept. 19, 2009, for small employers (10 or fewer employees) not in construction.

Under the new rules, all employers will need either to have a safety committee or to use the less formal option of safety meetings to involve their employees in addressing jobsite safety....” (read full story)

And, did you know there was an Oregon Ombudsman for injured workers?

What if the Law You Find Online isn’t Really The Law?

Some articles speak for themselves:

From: Law - "Finding Accurate Law Text Online Nearly Impossible" (from the Indiana Law Blog):

Excerpt: ‘… It sounded easy. Federal Reserve Bank of New York’s counsel, Denley Chew, slapped down some $2 bills and challenged a room of lawyers and legal researchers with laptops and iPhones to find the authoritative text of the landmark Fugitive Slave Act online.

“Authoritative” was the catch. The money remained untouched.

Panelists declared that finding accurate text of a law—on government websites, LexisNexis, Westlaw—is almost impossible. The recession forced state and federal governments to post laws online rather than print them. But Mary Alice Baish, government relations director for the American Association of Law Libraries, says there is no national or international body that ensures those online postings are accurate or updated with amendments.

“I don’t think the problem will end until someone sues over because the decision was a $10 million case was based on an inaccurate version of a law,” Chew said. “Until that market solution, we’ll be dealing with cracks and fissures.”…’ (read full post)

Justice Bedsworth Ponders Cereal Litigants

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

In “A Ticket to Walk: Cap’n Crunch and the Other Terrorists” the good judge learns not to trust the law on the Internet, that cereals with the word “fruit” (or even frute or froot) in their names don’t necessarily contain fruit, and that “[a]ll that is necessary for evil to triumph is for good men to get too caught up in fantasy baseball.”

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

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