"Legal Sustainability": An Intangible Right and Obligation?

Living Legally Sustain-ably (or sustain-fully) is about more than reducing our use of tangible resources. We need to pay equal attention to those intangible resources: truth, justice, equal opportunity, and legal health.

Today’s Oregonian article about a visit to Portland by Myron Orfield and an October 2009 article in the Oregon State Bar Bulletin by Barry Woods, “Advancing the new economy: Oregon lawyers embrace sustainability” nudged a buried thought, until I remembered (among other buried treasure) a June 2009 Oregon State Bar Bulletin article by Ritchie Eppink:

1) “A Case for public legal health: Are we missing something?”

Excerpt: “… In this way, prevention and public education in the law fell into a gap that no one was clearly authorized to fill. By the middle of the last century, however, the organized bar began to realize that community legal education was a missing piece that the canons kept lawyers away from. The ABA itself, through its Joint Conference on Professional Responsibility, plainly acknowledged a fault in the case-by-case approach to justice as early as 1958, exhorting:…." (link to full Eppink article)

2) The article about Myron Orfield: Linking a sustainable Portland with how fair it is to all, by Eric Mortenson, The Oregonian, October 30, 2009

Excerpt: "... If sustainability isn't also linked to social justice, Portland's vaunted livability and vitality -- the qualities that separate us from the decaying cores of Detroit, Cleveland, Milwaukie and Kansas City -- could be in jeopardy....
...
Social justice signals many things:

Keep watch on banks' lending practices, Orfield says. Find out if real estate sales people steer whites to white areas and minorities to poorer parts of town. Pay attention to municipal and regional land-use decisions, such as Metro's on-going designation of urban and rural reserves and whether to expand the urban growth boundary. Then decide which areas of your part of town benefit from mass transit and which are bypassed – those choices could reveal bias that favors the affluent while punishing others.

Creating a sustainable, equitable city, it turns out, involves elements not traditionally thought of as "green." It's all about not being out of balance, for an out of balance city brings strife and need – things that can challenge a sustainable future...." (link to full Mortenson/Orfield article)

3) The Oregon State Bar Bulletin article: by Barry Woods, “Advancing the new economy: Oregon lawyers embrace sustainability”

Excerpt: “…Sustainability can seem abstract and difficult to pin down. Yet if you’re an attorney in Oregon you need only look for insight as far as ORS 184.421, which lies at the heart of current governmental operations and principles: “Sustainability” by Oregon statute means “using, developing and protecting resources in a manner that enables people to meet current needs and provides that future generations can also meet future needs, from the joint perspective of environmental, economic and community objectives.” This definition codifies several important themes, and captures a forward-looking appreciation for what we bequeath to future generations and a concern for social and environmental justice. In short, it enunciates a new “triple bottom line” of doing business: planet, people, profit….” (link to full Woods article)

Oregon Public Records and Meetings Manual

You can also find a searchable PDF copy of the 2008 Oregon AG's Public Records and Meetings Manual at the Public Resource’s Bulk Resource archive, courtesy of Carl Malamud.

Previous OLR blog posts on this subject.

Thank you to Professor Bill Harbaugh for the lead and the link.

Oregon Ethics Laws: VanNatta vs. Oregon Government Ethics Commission

RE: 2007 SB 10 in the Oregon Supreme Court (not in the ORS, but you can find the enrolled bill at the Oregon Legislature’s website).

I’m well overdue with my post about this case, but maybe I will be just in time if the Oregon Supreme Court hands down their decision soon.

1) The name of the case is: VanNatta v Oregon Government Ethics Commission (docket number S057570) and the decision will be posted at the Oregon Judicial Department website (also from here or here).

2) Many of the briefs are at the State of Oregon Law Library briefs bank.

3) Oregon Legislature Media Release, August 13, 2009:

"The Oregon Supreme Court heard oral arguments today on the constitutionality of SB 10 (2007) which limited gifts, travel, meals and other expenditures to public officials. The Supreme Court review came as a result of SB 577, sponsored by Senator Rick Metsger (D-Welches), which expedited the case that was in a lower court.

“This issue is very important to citizens of the State,” said Metsger. “It is in the best interest of the State to have the Supreme Court issue a decision on whether or not SB 10 violates free speech rights of citizens. Receiving the decision from the Court will allow the Legislature during the February session to act, if necessary, dependent upon the Court’s decision. I am pleased that the Court responded to SB 577 in hearing arguments in such a swift manner. “

Opponents of SB 10 contend that the bill limits the ability of the general public from using their free speech rights to influence public officials. The bill strictly limited the amount of expenditures that could be incurred on behalf of a public official from an individual who has an economic interest in legislative issues. This language has impacted small town mayors, city commissioners, school board members and State legislators among others…." (link to full media release)

4) You can also Google the case.

Last Reminder: Clocks Change Sunday, November 1, 2009

Last Reminder from the OLR Blogger:

NIST: “Standard Time begins each year at 2:00 a.m. (local time) on the first Sunday of November. Move your clocks back one hour at the resumption of Standard Time....

In 2009, DST is from 2:00 a.m. (local time) on March 8th until 2:00 a.m. (local time) on November 1st….” (link)

Previous posts on Time Change.

Getting Relatives to Move Out: Oregon Landlord-Tenant Law

We get this question fairly regularly:

How can I get my relative to move out of my house? Help!

It’s not really nice, or even very useful, for us to remind you that you let them move in, that you should have had a lease even if it was your nearest and dearest, or that you have too big a heart and trust FAMILY too much.

Remember, no good deed goes unpunished!

The truth is, though, how many of us would insist on a lease from Mom, Sis, Bro, Favorite Aunt?

But what do you do now that you have to get them OUT, OUT, OUT?

Sometimes one just needs the right mediator to help out rather than The Law or, heaven forbid, a Lawyer, so wouldn’t it be nice to ask someone who can tell you if the Oregon Landlord-Tenant Law is necessary? But, often, that brief consultation with an expert is the toughest thing to come by, so read on.

What do we do when Mom et al turn out to be Zombie Tenants and you might need the Oregon Landlord-Tenant Laws?

This isn’t always a simple question for Miss Manners. It might also be beyond consultation with one of my favorite Cul de Sac characters, Ms. Knowitalia, or me, Madam Law Librarian (not to be confused with Ms. Portlandia, though I have my days).

Instead, you’ll have to turn to the experts or one or more of these resources at a website and library near you:

1) Read Oregon landlord-tenant law, Oregon Revised Statutes (ORS). But we warned: the Residential Landlord-Tenant Act (RLTA) is a complex tangle of rights, obligations, and protections so I highly recommend you consult with an attorney after you have done your homework, if only to make sure you haven’t skipped a step or two that could cost you a lot of money or time.

2) Both the Oregon State Bar (OSB) and Legal Aid Service of Oregon (LASO) have useful information at their websites, including brochures and the Tenant’s Hotline: 503-648-7723.

3) The Oregon State Bar also has lawyers who can serve as coaches, advisors, limited scope counselors, etc., so don’t let a fear of having to pay a lot of money keep you from phoning or emailing their Information and Referral Service. Consulting an attorney, especially if you’ve done a lot of the preliminary work, can save you a lot of money. If you’ve never worked with an attorney, or want to know more about the process, try this book, from Nolo Press: Lawsuit Survival Guide, or the OSB guides.

Oregon Landlord-Tenant Reading List:

1) “Eviction court: the vexing issues,” by Oregon Law Institute (CLE course book - print only)

2) “Handbook for Oregon Landlords,” by Stevens-Ness Publishing Co. (print only)

3) “Landlord-Tenant Law: Rights and Obligations of Landlords and Tenants,” by Multnomah Bar Association (CLE course book - print only)

4) “Landlord/Tenant Rights in Oregon,” by Janay Ann Haas (many public libraries have this title)

5) “Real Estate Disputes,” by Oregon State Bar (print or on BarBooks (subscription required))

6) Odds and Ends on landlord-tenant law from the Oregon Legal Research blog, including:
A Lease of Your Own: Renting a Room in Someone’s Oregon Home

7) Lane County Law Library, Legal Research Guide on Landlord-Tenant Law. (Primarily for Lane County, but many useful links for other Oregon counties too.)

ORS 164.887 Declared Unconstitutional (Borowski): But Read the Fine Print

One of the toughest lessons on the law for non-attorneys is that The Law is not black and white and that searching for The Law, or The Answer, in the texts of statutes and constitutions is only the beginning of the research adventure. Analysis, persuasion, persistence, and luck must also be stirred into the mix.

As a colleague of mine always tells his students: “If you read only what is written in the statutes and the constitutions you will be absolutely wrong about what the law is.”

Here’s one case, among thousands, but perhaps it can serve as a useful example. I recommend you read the whole case - the excerpts below are only to whet your appetite (notice also the complete absence of a retelling of the facts - frustrating to those who love the law in part for its stories). (And we don’t yet know if there will be an appeal, so this may not be the final word from the Oregon Courts.)

Oregon v. BOROWSKI, A132129 (10/28/09):

"... Defendants were arrested for "[i]nterfer[ing] with agricultural operations," a Class A misdemeanor. ORS 164.887 (set out below)....

We conclude that the statute does not violate any provision of the Oregon Constitution, but that it does violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution....

We therefore conclude that, because it contains the impermissible labor-nonlabor distinction, ORS 164.887 violates the Equal Protection Clause. That conclusion, however, does not end our inquiry. We will not declare an entire statute unconstitutional based on the unconstitutionality of one of the statute's parts; rather, the preferred remedy is to sever the unconstitutional provision and salvage the remainder. The legislature has codified that preference in ORS 174.040:..." (read full opinion, A132129)

Oregon Administrative Rules (OAR) Bulletin: Online-Only in 2010

In case you hadn’t heard, the Oregon Administrative Rules (OAR) Bulletin (the monthly updates to the OAR), will be online only, starting January 2010.

The multi-volume Oregon Administrative Rules (OAR) itself will still be available in print.

Law and government documents librarians have been active for many years (especially the AALL Government Affairs office) on this issue of authenticity of government documents.

See also: Uniform Law Commission: State Electronic Legal Materials
And: State-by-State Report on Authentication of Online Legal Resources

Researching Medicare and Medicaid Law

This is mostly a reminder for me, and colleagues, but others might find it useful:

A Few BASIC RESOURCES ON MEDICARE and MEDICAID LAW:

1) CCH Medicare and Medicaid Guide

2) Medicare and Medicaid Claims and Procedures, 4th, by Harvey L. McCormick

3) Medicare and Medicaid Fraud and Abuse, 2009 ed. By Alice Gosfield

4) Social Security and Medicare Answer Book, 3rd ed., by David A. Pratt

5 ) The Legal Impact of Medicare and Medicaid: Leading Lawyers on the Role of State and Federal Agencies, Effective Compliance Programs, and Enforcement Trends (Inside the Minds), by George Bodenger, Carol Ewald Bowen, Brian Boyle, Lynda M. Johnson, Thomson/Reuters/West 2009

MISC LINKS:

1) Medicare dot gov

2) Social Security Administration

3) Zimmerman's Research Guide

SELF-HELP:

1) The Complete Idiot's Guide to Social Security and Medicare, 2nd Edition (paperback), by MBA, Lita Epstein (bookstores and libraries)

2) Nolo Press, Social Security, Medicare & Government Pensions: Get the Most out of Your Retirement & Medical Benefits, 2009 (bookstores and libraries)

2009 Oregon Legislature’s (Car) Towing Statutes

Practice makes perfect?

Each legislative session we see new laws about towing. Add these to updated local towing ordinances and we could probably write book on Oregon towing laws!

We won't though (aren't you glad?), but can try to keep you updated, to a degree, if only to alert you to the fact that you should check both state and local laws on towing before deciding on your next course of action, that is, calling someone to complain, e.g. your newspaper, your legislators, city council members, the mayor, your lawyer, your favorite blogger, etc..

The 2009 Oregon Legislature enacted this new law on towing:

"Relating to towers; amending ORS 90.485, 98.812, 98.854 and 98.856.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 98.812 is amended to read: ...."

You can read the Oregon Laws version: ... HB 2578: Chapter 622, (2009 Laws): Effective date January 1, 2010 (PDF and HTML versions).

But don't look for it yet, in the 2009 ORS, but soon, soon.

The "Brothers" Tremaine / Tremayne: A Tale of Two Americas

I’m sure I wasn’t the only one who noticed this on the front page of the print Sunday Oregonian Metro section.

Coincidence is a fact of life, but it did give me reason to pause - and muse on names, class, lawyers (and those without lawyers), and clients. I don't think anyone came out ahead in either of these two (and counting) legal skirmishes:

1) Steve Duin story: "Contrite? Davis Wright? Not Quite" (online version: Contrite? Davis Wright? Not quite, by Steve Duin, The Oregonian, October 24, 2009):

About Sunwest and Davis, Wright, Tremaine law firm

2) Aimee Green story: "Hostage victim told to repay debt to killer" (online version: Crime victim being sued by his assailant, may have to pay, by Aimee Green, The Oregonian, October 24, 2009):

About Tremayne Durham, who is serving a life sentence in the Oregon State Penitentiary, and Rob Chambers.

Oregon Scam Alert: U.S. Census Scam

You might not realize it but it’s Census Time Again. Wowsers! 2010, here we come. None of us can avoid the march of time, so don’t be mean to your elders or your youngers (so to speak). You too will one day be OLD (ha ha ha).

Before I forget what I was talking about (!), here’s the news on the Scam Alert and the Census Scam:

Use Twitter to track Oregon Scam Alerts, which links to this 10/14/09 news release:

FAKE U.S. CENSUS SCAM

The DOJ Scam Alerts are done in partnership with Oregon the Department of Consumer and Business Services, Oregon District Attorneys’ Association, Oregon State Sheriffs’ Association, Oregon Association of Police Chiefs, AARP and Elders in Action.

If you’re not sure if all these, uh, old people are keeping their Twitter activity current or if you want to report your own scam or file a complaint or just check out the latest DOJ activity, visit their website.

Oregon State Bar: 30-Second Law School

Law school in 30 seconds? Not quite, but close!

Visit the Oregon State Bar’s public website for some fun lessons in the law. They answer questions like these and have lots of other useful information:

1) If I co-sign for my son to buy a car, could I wind up paying for it?

2) True or False: Oregon law gives you three days to change your mind whenever you buy a car.

3) Is there common law marriage in Oregon?

4) What about DUI in Oregon? View their Legallinks TV: television programs that air on cable channels across Oregon and by streaming video from their webpage for a discussion on what to do when charged with a DUII in Oregon.

If you want to go to law school, prepare for some fun and some not so fun preparation and work. But perhaps worth it for you.

California Legal Research Guide

The Southern California Association of Law Libraries’ (SCALL) Public Access to Legal Information Committee (PALI) has published the fifth edition of:

Locating the Law: A Handbook for Non-Law Librarians (2009).

Thank the California law librarians for this - it represents a lot of extra work for some very busy people!

Northwest Small Business Law Blog

Small businesses in Oregon and Washington have a lot of legal resources from which to draw information and advice. I’ve blogged about Small Business Law before and recently have been watching this latest entry into the field:

Northwest Small Business Law Blog: Links, news articles, and original content regarding small business law in Oregon and Washington

Give them a try. They have links to lots of small business legal resources.

Bankruptcy and Family Law: the Nexus

I posted many years ago on this subject, more a note for myself than for readers, but I have had reason lately to update that post for all of us, with these new resources:

1) The 2009 Family Law OSB CLE also has a couple of chapters on the subject.

2) Bankruptcy and Domestic Relations Manual, by Hon. William Houston Brown, 2008-09 edition, Thomson-West Bankruptcy Series

My 2006 post included this comment:

“Judge Perris recently issued a decision in a bankruptcy case that has a good discussion of whether a divorce settlement entered into on the eve of bankruptcy constitutes a fraudulent transfer under bankruptcy law and how to value the potential fraudulent transfer claim against the ex-spouse in a Chapter 13 bankruptcy." In re Dale Gordon, August 31, 2005, (Case No. 04-38864-elp13) and can be found here and on Westlaw or Lexis).

It also included this reference, but we no longer have this CLE in our collection, though some other library might, and OLI surely does: “OLI also presented a "Bankruptcy Law for Family Law Practitioners" program in 2004.”

(A related title: OSB CLE course book: "The Crossroads of Estate Planning and Dissolution Law: Lessons for Lawyers in Both Fields," June 19, 2009.)

Casemaker vs Fastcase: Closed vs "Open" Source

Bob Ambrogi recently posted this to his website: Casemaker Fights Back Over Loss in Oregon (posted Thursday, October 01, 2009):

"... I described the two as "in a head-to-head competition to win the loyalty of America's lawyers." That competition reached a critical juncture last month when the Oregon State Bar Association announced it was switching from Casemaker to Fastcase. That switch took effect today.

Today, Casemaker shot back, doing something it has never done before...." (read full post)

The Law Librarian and Non-Attorney Legal Researcher Perspective:

In Oregon, only attorneys were (are) able to subscribe to Casemaker. Anyone can subscribe to Fastcase (and Westlaw, Lexis, etc.).

In fact, from the non-attorney side of legal research, it’s important to note just how many people cannot subscribe to Casemaker: law librarians, legal researchers, paralegals, and anyone not a member of the bar association that subscribes to Casemaker (or Oregon attorneys getting free offers).

Some state bar associations do allow their state’s law librarians to subscribe, but not all (and not Oregon). And individuals still cannot subscribe directly to Casemaker.

This is a real liability in the legal world, where non-attorneys in large and small law firms are the very people who not only do a lot of database searching but are also the very people who can offer hands-on, real-time database training to attorneys, on the spot. We can show attorneys the added value of a database (content and searching tips), the same way we do with all our other legal research databases anyone can subscribe to, from Lexis, to Westlaw, LoisLaw, Fastcase, etc.

The bottom line is, at least in Oregon, the law firm and public law librarians could not contractually get their own Casemaker passwords. This seriously hindered the research support we were able to offer to our attorneys and paralegals (who also could only piggyback on their attorneys’ Casemaker passwords, not really quite kosher since it meant using the attorney bar number to access the database).

None of this should be read out of context from the quickly changing role (and place) of legal research databases. Most legal research database CEO’s know, and say openly, that the primary data will be available online, free in the near future (see also It’s Time for Law.Gov). It’s already happening, though selectively (and we still need lawyers, so don’t get all “it’s all online” on me).

Last, what I say here is not earth-shattering or reason to change a business model, but choosing to run the legal research database equivalent to “closed source” does have a ripple effect. (And I’m not advocating “free” either, just “open subscription.")

Other recent blog posts about Casemaker and Fastcase in Oregon and beyond:

1) Legal Writing Professors Blog
2) Oregon Law Practice Management blog
3) Google Mobile App: What Might It Mean for Legal Research?
4) Northwest Small Business Law Blog


Full Disclosure: I was invited, and agreed, to serve on the Oregon State Bar’s Fastcase-Casemaker database evaluation team earlier this year. I was impressed with the care that attorney members of the team took to evaluate both databases. I did not participate in the segment of the evaluation when team made their recommendation to the OSB leadership since I was not able to evaluate Casemaker (due to no password access) on the same basis as I was able to evaluate Fastcase.

Art and Copyright Law and J.K. Rowling’s Harry Potter

Copyright and art law through the eyes of a novelist (and a legal scholar):

Gary Pulsinelli, Harry Potter and the (Re)Order of the Artists: Are We Muggles or Goblins?

Excerpt:

“In our modern, globalized world, conceptions of the ownership of property, especially artistic and cultural property, are continually being challenged and revised. In Harry Potter and the Deathly Hallows,1 author J.K. Rowling uses a nonhuman species, the goblins, to bring this reconception into sharp relief. According to Rowling, goblins have an intriguing view of ownership rights in artistic works.2 They believe that the creator of an artistic object maintains an ongoing ownership interest in that object even after it is sold, and the creator is therefore entitled to get the object back when the purchaser dies. While this view may strike some as rather odd when it is applied to tangible property in our “Muggle” (that is, nonmagical human) world,3 it actually has some very interesting parallels to the legal treatment of intangible property, particularly in the areas of intellectual property and moral rights. The first Part of this Article lays out the goblin view of property, and the second Part examines some of the parallels between that view and Muggle law.

The third Part of this Article explores the question of whether we Muggles are becoming goblins...." (read full article in the Oregon Law Review, Volume 87, Number 4 (2008))

Kids Pro Quo (50 Most Powerful People): They Give as Good as They Get

With apologies to the incomparable Edwin Newman (who first created Kid Pro Quo, the boxer who gave as good as he got, in his book, “Sunday Punch”) and to Consequential Strangers authors (Melinda Bau and Karen Fingerman), who would rightly raise eyebrows at the “most powerful” description of this list.

That said, it was impossible to resist the lure of the Kids Pro Quo list: The 50 Most Powerful People in D.C

(Thank you to the Law Librarian Blog for the link.)

Oregon Condo Owners and Homeowner Association (HOA) Members: 10 Teachable Moments!

1) Do you know what your Condo Management Association is up to?

2) Maybe you are Condo Management and want to know what you should be doing.

3) Maybe you’re thinking about buying a condo and want to hear about HOA rights and responsibilities.

Smart people love Forums and Meetings and Seminars! Here is a condo training opportunity just for you:

Wilsonville HOA Law Forum: The HOA Survival Safari, Saturday, October 24th, 2009 9:00 a.m. to 1:00 p.m.

Topics Include:

1) Review New 2009 HOA Legislation
2) Board of Directors: Sure Ways to Be Removed from the Board
3) Owner Meetings: Challenges and Myths
4) Enforcement Issues: Who, What, When and How Much
5) HOA Litigation Basics: How Not to Get Sued, Choosing Your
6) Battles, Alternative Dispute Resolution
7) HOA Hot Topics: Solar Panels, Clotheslines, Smoking,
8) Political Signs, Religious Symbols, Sex Offenders,
9) Towing, and Other Timely Issues
10) Wild Card Topic: Attendees’ Choice!


When: Saturday, October 24, 2009
Sign-in: 8:30-9AM (coffee/juice)
Forum: 9-1PM
Continental breakfast / Afternoon refreshments
Where: Wilsonville Holiday Inn
Details: $30 pre-register$40 at the door
Dress Casual
For any other questions email: ajb@vf-law.com


Disclaimer: The information provided on this blog is for research purposes only. We do not provide legal advice, nor do we endorse any person, product, or company.

It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160, 9.166 and 9.21). They may not interpret statutes, cases or regulations, perform legal research, recommend or assist in the preparation of forms, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research.

Law dot Gov: Maybe? Finally? Soon?

An idea whose time has come, maybe, soon:

Law.Gov: A Proposed Registry and Repository of All Primary Legal Materials of the United States

PACER, CRS, eCourt, eFiling, caselaw, statutes, superseded laws, dockets, state, federal, international, etc., etc., etc.? One can dream.

Thanks to Legal Research Plus blog post for the link: Law.Gov: America’s Operating System, Open Source October 15, 2009, by Erika Wayne

St. Helens (Oregon): Landlords, Tenants, and Companion / Service Animals

From the United States Attorney's Office, District of Oregon, Press Room, October 9, 2009, St. Helen's Landlord Settles Fair Housing Act Case

"Ronald A. Lucas and R.A. Lucas Developments, LLC agree to establish procedures to allow assistance animals for physically and mentally disabled tenants

Portland, Ore. – A settlement has been reached between the parties in a federal Fair Housing Act case against a St. Helen’s landlord regarding assistance animals for persons with physical and mental disabilities. The parties have requested that Federal District Judge Michael W. Mosman approve the terms of the settlement. The parties have asked the court to approve a Consent Decree which references an additional confidential agreement between the tenant and the Lucases resolving all monetary and other relief agreed upon and disposing of all claims….” (read full press release)

Story from local paper: Feds settle discrimination case with St. Helens landlord, by Darryl Swan, The South County Spotlight, Oct 14, 2009, Updated Oct 15, 2009.

Public Radio & Pledge Drive Aggravation: What is a National Treasure Worth?

This might make you a little less aggravated about public TV and radio pledge drives (or not):

Assuming they are correct, these dollar comparisons were stunning:

How to Save the News, by William F. Baker, September 23, 2009 (This article appeared in the October 12, 2009 edition of The Nation.)

“… Total federal support for American public broadcast media in 2007 was about $480 million. That might seem sufficient or even impressive until you compare it with the BBC, which serves a nation with one-fifth the US population but which received the equivalent of $5.6 billion in government money in 2007. When it comes to public media, the United States is decisively outspent by the governments of most other major democracies. Japan, whose population is less than half the size of the United States', spent the equivalent of $6.8 billion for public broadcasting in 2007; Germany, with one-third the size, spent about $11 billion; and Canada, a tenth the size, spent $898 million. Even Denmark and Ireland, with populations smaller than New York City, far outspent the United States per capita, with respective budgets equivalent to $673 million and $296 million…. " (read full article)

Medical Marijuana and New U.S. Attorney Guidelines

From the U.S. Justice Department blog:

Memorandum for Selected United State Attorneys on Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana, October 19th, 2009, posted by Tracy Russo:

"Today Attorney General Eric Holder announced formal guidelines for federal prosecutors in states that have enacted laws authorizing the use of marijuana for medical purposes. Those guidelines are contained in a memo from Deputy Attorney General David W. Ogden which was sent to United States Attorneys this morning….” (read full post)

Oregon Payday Loans and Lending

The Portland Tribune ran an excellent news story on the current status of Oregon payday lending and on Internet payday lending (and lenders):

Internet payday lenders flout new law: Oregon law capping rates ignored by many online lenders, by Steve Law, The Portland Tribune, Oct 15, 2009

Excerpts:

“… says he found the online rates were double the amount charged at his neighborhood payday lender, and he never proceeded with the loan. Nevertheless, Tim was hounded by more than 100 e-mails and numerous phone calls from online lenders seeking to loan him money.

Disregarding law

Six Internet-based payday lenders have obtained licenses to make legal loans to Oregonians, but there are “hundreds” more out there that haven’t, says Mike McCord, a state regulator who monitors payday lenders.

Online lenders typically deposit the loan money in an applicant’s checking account within a day, and then retrieve the loan, plus interest and fees, via an electronic withdrawal after the borrower’s paycheck is deposited.

To loan money here, payday lenders must get state licenses and meet Oregon lending limits, regardless of where they are located.

“They don’t even pay any attention to that,” says McCord, financial services program manager for the state Division of Finance and Corporate Securities. “It’s hard to run these guys down, especially when they’re out of the country.”
…
The growth of online lenders appears to be “a way to subvert state law,” Martin says. That points to the need for national legislation and the new Consumer Financial Protection Agency supported by President Obama, she says.

Judging from complaints filed with state regulators, the laws are working. Before, frequent complaints were filed against payday lenders, regardless of where they were located, regulators say. But in the first eight months of this year, 62 consumer complaints were filed against online payday lenders, and only one against a storefront payday lender….
…
“If you make a loan to someone in Oregon, you have to follow the state law,” says Lisa Morawski, communication director for the state Department of Consumer and Business Services.

The state issued a “cease and desist” order to one company in Las Vegas that was violating the law. Several other companies are under investigation, Morawski says….
…
Payday loan customers in Oregon are advised to use a licensed lender, who is more likely to adhere to state law, says Lisa Morawski, communications director for the Oregon Department of Consumer and Business Services.

Borrowers may check the state’s on-line list of licensed payday lenders at www4.cbs.state.or.us/ex/dfcs/finsearch, or by calling 503-947-7844.” (read full article)


If you have your own questions and worries about payday loans, contact the

1) Oregon Attorney General’s Consumer Protection Division and Hotline
2) Division of Finance and Corporate Securities
3) Department of Consumer and Business Services

Oregon Election 2010: Ballot Measures 66 and 67

Link to update.

Do you want to read the official text of these ballot measures and get a head start on preparing for the January 2010 election?

1) Visit the Elections Division’s searchable database and set your search criteria to 2010 and Qualified for Ballot. You'll be given a link to the full text of the measures.

2) More Oregon election information at the Oregon Secretary of State Elections Division

3) If you want updates to Committee Agendas from the Joint Committee on Ballot Measures 66 and 67 via e-mail, please go to the following website and follow instructions.

4) And even more at Ballotpedia.

Oregon Task Force on Effective and Cost-Efficient Service Provision

Did you know that ... “There is created the Task Force on Effective and Cost-Efficient Service Provision …”: House Bill 2920 (HTML or PDF) (Chapter 881, (2009 Laws): Effective date August 4, 2009).

"... The task force shall:

(a) Review opportunities to provide services in the most effective and cost-efficient manner;

(b) Consider the ability of intergovernmental agreements, existing or new service districts and technology to achieve costsavings;

(c) Encourage effective fiscal planning for counties managing the phaseout of federal forest safety net payments; and

(d) Recommend to the Governor and the Legislative Assembly anappropriate level of state fiscal support to counties...." (See also: Representative Nathanson appointment to Task Force)

I'm not sure if you are fully aware just how difficult it is to cut a state's budget, especially one's own state's budget. Do you really want to cut programs that have substantial matching funds the state would lose? Do you want to cut programs that bring in self-supporting fees? Do you want to cut programs that would save us all a lot money in the short, medium or long term (e.g. education?) Do you really want to cut money from programs that protect our health and safety? See what I mean?

The answer is yes, sometimes we do have to make those cuts. But think about analogies to your own household budget. Don't you use public transit more or pack a few more lunches to save money to keep the kids in college, especially if there is a scholarship in play? Don't you pay a roofer because if you don't, you'll pay more later for other, greater repairs if the roof leaks?

We all know how tough it is to sit around the table with the family and talk about budget cuts - and how easy it is to micromanage a neighbor's or a legislator's budget, none of which is to say that we shouldn't all feel free to tell our Legislators what matters to us!

Whether you agree or not with Oregon Legislators' final decisions, their jobs are hard, the hours long, the verbal and written abuse sustained, and the financial rewards modest. (Not unlike parenting!) As is true of school teachers who stand in front of hundreds of children for hours day after day after day, few of us would retain our cool, our calm, our welcoming demeanors under the steady drumbeat of constituents, staffers, email, letters, phone calls, lobbyists, colleagues, agency heads, reporters, bloggers, and many more, all of whom focus their (our) opinionated laser pointers on individual legislators who were elected to represent our best interests.

Honest Services Law: Honestly, now!

For the record:

The “honest services law” is 18 U.S.C. 1346, which is a federal (not state) law that is found in the U.S. Code. It has a complex and fascinating (to some) history and is not simply about "honest services." Honestly!

“TITLE 18, § 1346:Definition of “scheme or artifice to defraud”

For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.”

Yup, that’s all it says. But it has BIG MEANING, much of which no one can agree on, which makes for some very exciting legal discussions.

Honestly, now : It’s bad enough that print and online news reporters and bloggers can’t cite (let alone link - duh) properly to the cases and statutes, and other laws, they refer to in articles and blog posts, but honestly now -- I keep seeing references to “the honest services law,” as if everyone should know what that is.

I’m beginning to wonder if even the news writers knows what it is. I have to assume the legal writers do know, but I’m not so sure about “mainstream media” reporters who often get very confused when writing about legal topics. (Call a law librarian!)

And why none of them can link to the law is completely beyond me. How else do you educate your readers? And if you don’t even try, those readers may very well grow up to become members of Congress who moan “I haven’t even read the bill” way too often to make me comfortable about the future of our republic - and if we can keep it.

Here’s my previous blog post to it, with more links.

Oregon Employment and Labor Laws: Crime Victims, Holiday Pay, Non-compete Agreements, and More!

Ever wonder about Oregon laws on:

1) Meals and rest breaks
2) Deductions from pay
3) Student interns
4) Domestic workers
5) Apartment managers
6) Employment at will
7) Whistle blowing
8) References

You could start with the Oregon Revised Statutes (ORS), admittedly not the most user-friendly of books, but then what statutory compilation is?

I recommend instead that you start with either or both of these resources:
1) Online: Oregon Bureau of Labor and Industry (BOLI) website Fact Sheets.
2) Print: BOLI publications and “Employment in Oregon: a guide to employment laws, regulations, and practices,” by Pamela S. Knowles et al. (Public libraries and law libraries may have these books.)

But don’t end with these. You will need to look at the ORS - and law libraries will have lots of other employment law research resources.

Forthcoming: New Legal Research Database: Bloomberg Law

Bloomberg Law is set, later this month, to roll out its legal research database to compete, so we hear, with Lexis and Westlaw.

Blog reports on the rollout include Above the Law, Advocate’s Studio, and Legal Research Plus (an early review).

Expect many more posts as the actual rollout date approaches and passes.

I've not heard anything about subscription costs or about any free public access options, which Lexis, Westlaw, Fastcase, and others have. But it is early days yet.

Blogger Law: If Pixar Created “How to Avoid Getting Sued on Your Blog” Video

I also found a link to this video and many other excellent legal research and lawyer tips from Jim Calloway’s excellent Law Practice Tips blog:

YouLaw: If Pixar Created a Law Firm Video

Animating the law is truly a heroic exercise.

Ten Best Websites for Family Court Attorneys

Some very useful research websites are referenced here:

Ten Best Websites for Family Court Attorneys, September 18, 2009, by J. Benjamin Stevens

The list includes ISP List, Meetways, Pipl, and FOIA Letter Generator, to name only a few.

(Thanks to Jim Calloway’s excellent blog post (and his homepage) for the lead.)

Searching Criminal Law in the Oregon Revised Statutes (ORS)

Non-attorney legal researchers often assume that legal indexes will use the same terms (also known as keywords, subject headings, or simply words) we use in real life. But they don’t! Welcome to my world.

(Databases also often refer to one search technique as "natural language searching." Ha ha ha. There is little "natural" about each person's use of the language, and there is even less that is "natural" when talking about the law. So, when you are told, "just use natural language," I recommend you laugh darkly and do some research to find out a little about the profession's unique nomenclature.)

When searching for criminal laws in the ORS Index, if your narrow, specific or your common sense search words don’t seem to be doing the trick, try looking under these main subject headings first, and then search using the words you selected:

* Crimes and Penalties
* Sentences and Punishment
* Fines and Penalties

There are a few other possibilities I could suggest, but one of these ORS Index subject headings usually does the trick.

Executions in Oregon and Beyond

The Multnomah County Library’s book blogs (Furthermore and An Embarrassment of Riches) are addictive. Look under the September 17, 2009, Penalty of Death entry for links to two books about the Oregon death penalty.

Other research guides to books and articles about the death penalty can be found from libraries and they link you to website, organizations, and to the law and history of the death penalty.

Wine Law: Behind the Bottle

We just got our copy of this book on wine law. As you might imagine, the business of winemaking and wineries is full of law and business, plus the fun part, people, food, and wine.

Book Review: The Little Red Book of Wine Law: A Case of Legal Issues, by Heather A. Phillips, July 17, 2009.

I've traveled a little bit in Italy's wine country (and there is nothing quite like listening to the grapevines talking to each other at night when they think you are sleeping) and here in Oregon. It's a hard business, as any farming is, and the stories and dramas behind the bottle, so to speak, are the stuff of literature, not just how-to books.

(I also recently read "Gracious & ruthless : surprising strategies for business success,"by Susan Sokol Blosser, illustrated by Oregon's very funny political cartoonist, Jack Ohman. (Blosser also wrote "At home in the vineyard : cultivating a winery, an industry, and a life," which is at home, awaiting a quiet moment and the tough decision on what wine to drink while reading.)

Attend Parent University in Washington County (Oregon)

Parent University in Washington County (Oregon)

The Washington County Sheriff’s office is hosting a series of classes for parents. There is no specific class on When Can I Leave My Kids Home Alone? (the #1 question this blog gets, see here and here) on the agenda, but you can always ask the experts in the class.

Topics that will be included:

drugs (October 14)
child safety strategies (Nov. 11)
child molesters (Dec. 9)
internet safety (Jan 13)
youth violence (Feb. 10)
teens & driving (Mar. 10)
raising street-smart & resilient kids (all)

"Hosted by the Washington County Sheriff’s Office and instructed by a Crime Prevention Specialist, Parent University workshops will help parents learn the basics about each topic, plus give ideas and strategies to help keep children healthy, safe, and drug-resistant!

Parent University will be held every second Wednesday of the month, beginning October 14,from 6:30 pm to 8:30 p.m. at the Sheriff’s Office Training Center at 215 SW Adams Avenue, in Hillsboro.

You may attend ANY or ALL of thesessions that you would like.Parent University is FREE and includes handouts and resource materials.

** Training topics are not appropriate for children to attend.

** Please make your own childcare arrangements as childcare is not provided."

Call 503-846-2585 for more information.

Work You Can Believe In?

I talk to lawyers wanting (and even managing quite successfully and happily) to leave the profession to become teachers (middle school seems the popular among ex-lawyers), legislators, small business owners, and even law librarians. I also know retired lawyers who are still practicing because they love the profession (but now like being selective about the cases and clients they chose to represent).

I read this article (below) recently. I suppose it’s no surprise that lobbyists do things they don’t really believe in (and we've all had to at some times in our lives) and those of us in jobs we do believe in are very (extremely) lucky, but it’s still startling to see it in print (or black and white):

"Push to ban smoking in tribal casinos could land in court," by Harry Esteve, The Oregonian, September 18, 2009 (page 1, Saturday, Sept 19, 2009, print edition)

‘… DiLorenzo, whose firm also represents restaurants and taverns that now feel disadvantaged by the smoking ban, says he decided to push the issue after reading through tribal compacts for an unrelated case. He contacted a lobbyist for the American Lung Association about pursuing a tribal casino smoking ban.

The anti-smoking group is now a client, he says, although he is handling what he calls "this first part" for free.

"I've always personally been in favor of a smoking ban," DiLorenzo says. "I'm about to turn 55, and I have gotten to a point in my career where I'm starting to think about doing things I believe in."…’

What is a Financial Planner?

The newspapers and cyberspace are awash in stories about “financial planners.” Some manage their clients’ money with the care of a mother bird for its fledglings. Other “financial planners” manage their clients’ money as if the clients had said, “take it, my money is your money, do with it as you please - I don’t want it back.”

The September 27, 2009, Oregonian ran a story titled, “Your financial planner: friend or faux” in the It’s Only Money column. It was not the first such column on this subject they have run in recent days, nor will it be the last. These stories show up on the front pages of newspapers, blogs, and websites far and yon.

Where to find information about Financial Planners and personal money management? Try these:

1) My Money dot gov

2) Treasury Direct dot gov (a place to research government investment options)

3) The Oregon Attorney General’s Consumer Law website: Forewarned is forearmed! Caveat Emptor and all that.

4) Check out your public library’s webpages, for example this one at Multnomah Public Library’s Research Topic Consumer Information pages.

5) NAPFA, the National Association of Personal Financial Advisors “is the nation’s leading organization dedicated to the advancement of Fee-Only comprehensive financial planning.”

6) Certified Financial Planner Board of Standards, Inc.

7) APR’s Marketplace Money (broadcast on OPB Radio on Friday evenings at 8 p.m. - not to be confused with their daily program, Marketplace) is informative and fun to listen to on whatever money topic they talk about and consumer financial education is their raison d’etre. (NPR's Money Planet is informative and fun too, at least on the radio. I haven't followed the blog or podcasts.)

8) Other: The Federal Trade Commission, Consumer Reports (webpages and print publications on a full range of consumer issues, including money management), Motley Fool is a favorite of many and so is Nolo Press (Personal Finance and Retirement pages and titles), and Liz Pulliam Weston’s column at MSN. (There are many more popular money people who write books, webpages, articles, etc. on personal money management. Check online or at your public library.)

Disclaimer:

The information provided on this blog is for research purposes only. We do not provide legal advice, nor do we endorse any person, product, or company.

It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160, 9.166 and 9.21). They may not interpret statutes, cases or regulations, perform legal research, recommend or assist in the preparation of forms, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research.

Consumer Law: Complete Idiot’s Guide to Person-Person Lending

I was reading a useful “Travel Troubleshooter” column in the print 9/6/09 Oregonian Travel section, written by Christopher Elliot, ombudsman for the National Geographic Traveler magazine) and saw a reference to this book:

Complete Idiot’s Guide to Person-Person Lending (and a blogger book review of it: Complete Idiot’s Guide to Person-Person Lending)

Both the blog and the book had some very useful tips and background information.

(It’s seemingly impossible to find the Troubleshooter column on the Oregonlive site by searching the Travel pages or using the search engine, so try reading the story from Elliott’s website or blog instead.)

Oregon and the AMA Guide to Permanent Impairment

Every once in a while we get a question about which AMA Guide to Permanent Impairment Oregon uses. This website and chart say Oregon uses the 3rd Revised.

The Oregon lawyers and claims administrators I talk to say this: Oregon uses standards based on 3rd Edition of AMA Guide to Permanent Impairment, however Oregon uses it own rating standards and really doesn't follow the AMA Guide.

So, even when there is a new edition (and there is a 6th edition available now), Oregon is the only state that does not use it? But do use the ORS and the OAR to research the permanent impairment laws the state does have.

Given how confusing this is, please consult an Oregon attorney for legal information and advice specific to your situation. The attorney will know which guides apply in your case.


DISCLAIMER:

The information provided on this blog is for research purposes only. We do not provide legal advice, nor do we endorse any person, product, or company.

Disclaimer: It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160, 9.166 and 9.21). They may not interpret statutes, cases or regulations, perform legal research, recommend or assist in the preparation of forms, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research.

Oregon Tax Amnesty Program Begins October 1, 2009

Visit the Oregon Tax Amnesty website for details:

“What is tax amnesty?

Tax amnesty is an opportunity for taxpayers to file or amend tax returns in exchange for a waiver of penalty and partial interest.

The Oregon tax amnesty program does not apply to taxpayers who already owe a tax debt, whether or not you’re making payments.

Tax amnesty program does not apply to tax year 2008.

When is tax amnesty?
Applications must be filed between October 1, 2009 and November 19, 2009.
Tax returns must be filed between October 1, 2009 and January 19, 2010….”

Visit the Oregon Tax Amnesty website.

Justice Bedsworth, Fantasy Sports Judge

Just in time to help us solve the Oregon sentencing and the Portland/Beaverton baseball stadium disputes:

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

"Judge-Mental: Beds is considering a career in virtual reality”

Excerpt: "... Fantasy sports judging is the wave of the future, and I’m gonna jump on it and ride until I reach the shore or fall off my board, break my collarbone, and spend the rest of the summer the laughingstock of Hermosa Beach….

Turns out there is an outfit called SportsJudge.com, started five years ago by a Rutgers law professor and erstwhile Skadden Arps associate that resolves fantasy sports disputes. For a fee...." (read full article)

Don’t miss Justice Bedsworth, of the California Court of Appeals monthly 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.