Dec 31, 2009

Google Gets Personal: But What About the Crumbum Who Used the Computer Before You Did?

There is an old joke about a nervous guy on an airplane and his seatmate who talks about how the plane won’t crash because it’s his lucky day. The nervous guy retorts, “what does it matter how lucky you are if one of the other passengers is unlucky?” (There are other variations on this joke, so just bear with me here.)

Librarians, lawyers, and others who answer Other People’s Questions, or anyone who shares a computer, may be dismayed about this Google Personalization “feature,” although I’m sure it is neither the whole story nor the end of the story.

Google’s Personalized Results: The “New Normal” That Deserves Extraordinary Attention, Dec 7, 2009, by Danny Sullivan

Excerpt: “On Friday afternoon, Google made the biggest change that has ever happened in search engines, and the world largely yawned. Maybe Google timed its announcement that it was personalizing everyone’s search results just right, so few would notice. Maybe no one really understood how significant the change was. Whatever the reason, it was a huge development and deserves much more attention than it has received so far….” (read full post)

Personalized Search for everyone, 12/04/2009 03:01:00 PM: "Today we're helping people get better search results ...."

(And, they do have instruction for “turning off personalization,” as ominous as that sounds.)

As far as I’m concerned, the last time (well, one of the last times) we got a corporation trying to Help Us Out online, we ended up with many annoying wordprocessing features (and assumptions about what we want), and grammatical errors, which we have to wrestle with daily to override or correct. Sigh.

Still, we’re better off now than we were with the typewriter and print indexes to periodicals. Aren’t we?

Linked to from Library Juice , which also links to related commentary at Librarian dot net: the nature of observing disturbs the observed, Saturday, December 12th, 2009.

Standards of Review: U.S. Court of Appeals for the Ninth Circuit

If you need access to this document before the 9th Circuit updates their website, read on:

We had a question recently about the Ninth Circuit (U.S. Court of Appeals) "Standards of Review," but when the attorney and I went to the Ninth Circuit website, clicked on Attorneys, and then clicked on "Standards of Review," nothing happened.

So, I got on the phone with my Ninth Circuit Law Library Guru and asked the question posed in one of those wonderful Plato and a Platypus Walk Into a Bar jokes:

What was that all about?”

The Guru sent me the correct link to the September 2009 S of R update, but, right now, you can’t get there from the Ninth Circuit’s website. They will fix that problem, but in the meantime if you need the S of R, here it is … Ninth Circuit Standards of Review.

Text of Ballot Measure 66 and 67

The text of Measure 66 and Measure 67 (from the official 2010 Oregon Secretary of State Voter’s Pamphlet)

More:

1) Nov 13, 2009: Oregon Supreme Court decision on ballot title

2) Nov 17, 2009: Oregon Secretary of State, Elections Division: Ballot Titles for 2010 January Special Election Measures: Measure 66 and Measure 67

3) Ballotpedia (though the election date noted, January 26, 2009, should say 2010)

4) OPB’s Think Out Loud will have 2010 programs on both Ballot Measures.

5) The Oregon Legislature has a website for information about Ballot Measures 66 & 67.

6) Previous OLR blog posts on the 2010 Measures 66 and 67.

Dec 30, 2009

Roomies Behaving Badly: Roommate Agreements

The intranets, and agony aunt columns (e.g. Ask Amy), are filled with tales of roommate woe:

My roommate won’t pay his share of the rent on time.
Our roommate is driving us crazy - with cleanliness.
My roommate never locks the front door.
My roommate ….
My roommate …. (I'm sure there's a song in there somewhere ....)

There may be legal solutions in some instances, e.g. if you all signed the lease or if the conduct is illegal, but in many instances, the problems fall into the “an ounce of prevention is worth a pound of cure" or “you should have thought of this ahead of time” category.

Just as when you share legal ownership of property, other than as spouses or even if as spouses, there are times when another written agreement is called for. Just as there can be an ownership or a prenuptial agreement, there can also be a roommate agreement.

Here are some samples roommate agreements, but you do your own research, sit down with your roommates, and especially your lease-mates, and talk, research, and draft your own:

1) From Nolo Press, always a favorite starting point, this excellent article and sample Roommate Agreement: Renting With Others: Learn to avoid disputes among roommates or with the landlord.

2) From Roommate Click dot com

3) From Roommate Agreement

4) From Roommate Connection

5) From Wisconsin: Tenant Resource Center (this isn’t an Oregon organization, and you may want to check with some Oregon landlord-tenant law resources, but the gist of the agreement will be similar)

6) And don’t forget Dorm Roommate Agreements (this one from Oregon State University Housing)


<<<<<< 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.

County Jails to limit inmate personal mail to postcards only. (That’s More than 140 Twitter Characters, but ….)

Lots of information and links in this OregonLive article:

Jails to limit inmate mail to postcards only, by Bill Oram, The Oregonian, December 29, 2009

Excerpt: ‘… "The quality of the letters are so touching because they're looking to establish relationships with anyone who will listen to them," said Boghosian, the executive director of the New York-based National Lawyer's Guild, which publishes the Jailhouse Lawyers Handbook.

Boghosian, and other civil rights advocates, are concerned about a policy that 12 Oregon counties, including Washington and Clackamas, will implement next month restricting inmates' outgoing social mail to postcards. By spring, incoming mail will also be limited to postcards.

Washington and Clackamas county officials paint the move to envelope-free mail as a cost-cutting measure that will make jail operations more efficient. Incoming mail will not have to be opened, and postcards will make it more difficult for contraband to be smuggled into the jail, Washington County Jail Cmdr. Marie Tyler said.

Inmates will be able to buy each 5-by-8-and-a-half-inch postcard, with postage included, for 55 cents. The rule will only apply to personal mail. Official correspondence, such as letters to and from lawyers and job information, can still be sent in envelopes….
(link to full article)

Dec 29, 2009

Blog to TV Pilot? From $0 to $$150,000 to $$$

The Law Librarian Blog has a post about blogging as “scholarship”, but the eye-opening news is at the end of the blog post. I’m not sure if I’m more astounded at a blogger (of SCOTUS Blog) spending (assuming this is correct) $150,000 on his blog (though perhaps I should be surprised at the paltry sum spent given the quality and substance of the blog) or am more tickled by a blogger and his blog being translated into a TV show, which will cost (and pay) way more than that $150,000, so I’m sure no one is complaining:

"Blogging as Thinking Out Loud Sometimes"

Excerpt: “…Or how does one turn blogging into a TV pilot? The Washingtonian is reporting that NBC is developing a TV series based on the life of SCOTUSblog founder Tom Goldstein. A partner at Akin Gump who has argued 21 Supreme Court cases, Goldstein spends about $150,000 a year of his own money to fund the excellent and rarely off topic SCOTUSblog….” (read full LLB post)

Pacific Northwest Paralegal CLE Seminar: Employment Law

Pacific Northwest Paralegal Association (follow the Seminars link) starts off their 2010 continuing legal education season of seminars with:

"Workplace Investigations of Employment Issues," to be held Wednesday, January 20, 2010. The Speaker will be Carolyn Walker, a Partner at the law firm of Stoel Rives, LLP.

Dec 28, 2009

Bench Guide to the Oregon FAPA (Family Abuse Prevention Act)

A bench guide to FAPA (the Family Abuse Prevention Act):

A Benchguide for the Family abuse prevention act, Office of the State Court Administrator, c2006

Revised and updated in 2006 / by the Honorable Maureen McKnight and the Honorable Merri Souther Wyatt, with the assistance of the FAPA Benchguide Revision Workgroup of the State Family Law Advisory Committee's Domestic Violence Subcommittee comprised of Robin Selig, Oregon Law Center; Ari Halpern, Legal Aid Services of Oregon; Camilla Thurmond, Oregon Coalition Against Domestic and Sexual Violence; Bonnie Braeutigam Department of Human Services; and BeaLisa Sydlik, Oregon Judicial Department; Cheryl A. Fowler, Education and Training


(You can also link to the Benchguide, and related forms, from the Oregon Judicial Department FAPA webpage.)

Note: The word “benchguide” is not a misspelling. It is the word used in the document.

Oregon Encyclopedia: Coin Machine Men to Votex I

It’s a lot of fun watching the Oregon Encyclopedia grow (and see their What’s New page). Browse topics such as the Coin Machine Men, the Death Penalty, the Votex I Music Festival, and Bobby the Wonder Dog.

And, think about becoming a contributor if you have an Oregon History area of expertise.

U.S. Courts of Appeals (Circuit Courts) Opinions Online

Not all U.S. Circuit Courts of Appeals (or federal district or bankruptcy courts for that matter) make full (or almost full) runs of their opinions available at their websites. See, e.g. the blog post at Gallagher Law Library (University of Washington Law Schools): Circuit Courts Archiving Cites to Online Sources.

The Administrative Office of the Courts is a one place to begin when researching federal court practice and procedure, but for cases, you need to do a little detective work if you want to use a free database.

The primary method for finding federal court case documents is PACER (registration required - some fees), but opinions from the Courts of Appeals, and other federal courts, may also appear elsewhere on the Internet. The AOC has links to federal courts.

Sometimes, though, as you may have already figured out, a simple Google search, e.g. third circuit court of appeals, is the most direct route to the court's website. (And do notice how different each court's website looks from the others, e.g. First Circuit and Fourth Circuit.)

(Appellate court briefs are another problem: e.g. U.S. Ninth Circuit Court of Appeals, Oregon, other guides to briefs here and here).

You will find other sources of U.S. Circuit Court opinions (see my sidebar, Legal Research-Free), though we do like Circuit Courts’ official websites when we need the opinion immediately, in part because it is the first place the opinion often appears and also because it is as close to the “official” opinion that exists - and lawyers and law librarians know that “official” is the best.

For free and low-cost legal research databases, take a look at my sidebar list. Gallagher Law Library also has a Free list, as do most law library websites. If you’re looking for state cases, be sure to check the list posted at a law library within that state, e.g. if you are researching Ohio law, look for an Ohio Legal Research guide or consult a Montana Legal Research guide, if you need a Montana case.

Dec 24, 2009

HALT is now CLEAR: Legal Tyranny to Legal Empowerment

See April 28, 2010, pdate to this post.

HALT is now CLEAR (new homepage), not to be confused with this CLEAR (dot com) OR THIS CLEAR (scientology) or any of these CLEARs.

Center for Legal Empowerment, Accountability & Reform (CLEAR), formerly known as Help Abolish Legal Tyranny (HALT)

Remember that: CLEAR(legal) dot org is the former HALT.

(There must be a song in there somewhere, maybe along the lines of:

If Yeats is Yates,
Then Keats is Kates.
If HALT is CLEAR,
The end is ... nigh?

I know, I know ... this is why I do not give up my day job - LOL!)

iS Big iBrother Watching Your iPhone?

You may be willing to give up security and confidentiality on your own behalf, but when you’re talking about your clients and other second and third parties, you have to do a little more research, and have a little more care.

This was interesting:

Law Firm Bans iPhone Due to Security Risks from Ride the Lightning:

Excerpt: “…Though we felt like Scrooge, we had to advise him that there is no way for anyone but Apple to correct the security problems with the iPhone.

Once someone who knows what they're doing gets physical access to the iPhone, your data is their data….”
(link to full post) (and the related post)

(I also like reading Schneier on Security for more on security and confidentiality in a wobbly world.)

(Thanks to Jack Bog’s Blog for the lead.)

Dec 23, 2009

Why I (sometimes) Don’t Like the Term Social Media (with a side of Men With Pens)

Is it possible to visit iLibrarian and not find something useful for the online writer? Is it possible to visit Men With Pens and not learn something about -- social media (and of course laugh at the great domain name).

I’m sure I’m not the only person who hears “social media” and thinks online social life and personal life. It shouldn't, but that is what many people hear. The word “media” isn’t powerful enough (sorry, talking heads) to overcome that “social” word. And, like it or not, that word “social” has come to mean personal, not professional (as in the phrase “this is business, not personal” that we hate, love, and use).

I’m not sure we need a new term for our personal social mediating, which we love dearly, but for businesses and organizations looking to hire professionals to manage their “social media” (or for freelancers competing for work), I think a new term is called for, if only from a practical point of view: to reduce the number of job applications from people who think that being a consumer of personal-life social media qualifies them for a job as a professional public information creator, facilitator, and manager.

In my small Library World, this is not unlike “I like to read" and "I read a lot” people who believe they can manage libraries, without knowing anything about budgets, contracts, licensing, employee management, politics, etc. There’s also that small matter of aptitude, not to mention experience, education, and training.

Just as “librarians” can now be Digital Asset Managers (DAM Librarians) or Strategic Knowledge Managers, Public Information Officers (PIOs) are now coming up with job titles that describe their unique skills with more specificity.

And then again, maybe, what’s wrong with Public Information Officer? If you maintain an interactive online professional life, you are still a PIO, just as a doctor, or a librarian, who operates (or manages information services) remotely is still a doctor (or a librarian).

From another angle, read Networking for People Who Hate Networking, by Penelope Trunk. (And thanks to Jerry at Oregon Law for the lead.).

Excerpt: “…Here's a big secret about the blogosphere: The people who are blogging seriously aren't college kids writing about beer parties. In fact, college kids are generally mystified as to why someone would spend four hours a day writing a blog entry.

That's because the serious bloggers are professionals, and they're investing four hours a day on their blog because it's an incredibly effective and efficient networking tool….”
(link to full article)

And for the record, I’m more a Social Networking Pollyanna than a Despairwear networker.

12/24/09 update: re MWP: See the post at My Shingle re "Men" With Pens and always remember the 1993 Peter Steiner cartoon, "On the Internet, no one knows you're a dog."

Google Me, Google Me: The Funny (and scary) World of Online Legal Research

Let’s say I wanted to find this case, Mayfield vs. United States (a December 10th, 2009, U.S. Court of Appeals for the Ninth Circuit opinion). (And I might want to find the case so I can write a postscript to this Shaggy (Law Librarian) Dog Tale.)

When I use Google Legal Scholar, specifying federal court and 2009, and the search <brandon mayfield united states> I get nothing. When I use the same search in native Google, with only the date limiter, I get in the first page of results several links to the actual case, including the link on the court’s website.

There are a number of technical reasons for this (and a few flawed human being reasons, too), and I will leave those to be explained by Search Engine Scientists, but woe to the untrained (or unthinking) legal researcher who thinks that Google (or that other "I looked it up on The Internet" place) is where one researches an actual case.

I can, however, answer the good question (except when it comes from people who should know better, and then it’s darned aggravating), which is:

Can [name your free or low-cost legal research database] replace Lexis and Westlaw?”

My short answer to non-attorneys, and especially to pro se litigants, is often a question: Have you ever researched an actual legal question in a case where the other side has an attorney?

Their responses help me find out exactly how much law library assistance the person needs:

1) Has the questioner performed legal research? People who do legal research know that there are places for free, the low-cost, and the full-service legal research databases - and they know exactly what those places are. The inexperienced legal researcher can then be led through the process to find out if s/he has the aptitude and the patience for the task.

2) Does the questioner realize that opposing counsel may not only be a very good researcher, but also have access to a full array of legal research tools, from databases, to books, to law librarians, to colleagues? Pro se (self-help) litigants, with a fighting chance, know just how much work it is to prepare to represent oneself against an attorney adversary.

My short non-question answers to attorneys who ask if their free/low-cost database is a substitute for Lexis and Westlaw:

1) No, emphatically, and the low-cost database vendors are the first to state that fact; they know their limits and their strengths.

2) No, no, no, no. You get what you pay for. Think about it. If you could create a full-service, mega value-added, feature-rich database such as Lexis and Westlaw, for little or no money … then why aren’t you rich?

3) There is a place, and an extremely important one, for free and low-cost legal research databases. There is also a prominent and necessary place for Lexis and Westlaw. Lawyers who stay ahead of their cash and watch their costs (even Big Law is starting to do this - well, at least think about it) know how to mix and match the databases for maximum service and value.

Last, but not least, and in a nutshell: Willy-Nilly is not a legal research strategy

(See also this from Google Scholar Legal developers -- posted at the Three Geeks and a Law Blog, on 12/7/09, “Google Scholar & Legal Research - Focus Remains on "Scholar")

Business Filings Database Links Updated

Do you need quick links to other states’ business filings databases?

Kathy Biehl‘s “Research RoundUp: Business Filings Databases” was updated at LLRX on December 5, 2009.

You will find lots of other legal research tools at LLRX, including, but not limited to their LLRX Court Rules, Forms and Dockets database, Legal Research, and Librarian resources.

Dec 22, 2009

Free (download) Copy of “Suicide the Forever Decision”

1) From the QPR Institute, a free download of:

"Suicide the Forever Decision, For those Thinking about Suicide and for Those who Know, Love and Counsel Them," by Paul Quinnett, Ph.D

(You will need WinZip (a free WinZip link is provided) to download or Adobe Acrobat Reader to view the book online.)

2) 1) Oregon Partnership Lifeline/National Suicide Prevention Lifeline: 800-273-TALK (8255)

Dec 21, 2009

Dog and Bicycle Show: Dog Law, Dog Bites, and Loose Dogs

From Oregon Laws, I saw this: Who Let the Dogs Out, by Ray Thomas, which shows you why it may behoove you to talk to a lawyer or do some extremely thorough legal research when bicycles and dogs intertwine.

Excerpt:

"... There are a number of widely held but mistaken beliefs about loose dogs. One is that only the owner of the loose dog is responsible for damages...." (read full Ray Thomas Who Let the Dogs Out article)

Oregon Notary Law Updates

Oregon Law Practice Management blog has a post that describes the latest changes to Oregon’s Notary Public laws.

The Oregon Secretary of State’s Notary Services webpage has lots of other information about becoming a Notary and about the notarization process, e.g. 15 Steps to a Proper Notarization, and a link to their news updates.

Dec 18, 2009

Oregon DUII: Constitutional Right Not to Give a Blood Sample?

1) From Salem’s Statesman Journal:

Oregon's high court explores the limits of consent, State's top lawyers argue case that could alter drunken-driving enforcement, by Peter Wong, Statesman Journal, December 17, 2009:

Excerpt: “…... The arguments by two of the state's top lawyers were heard by the Oregon Supreme Court, which has before it a Sept. 30 decision by a divided Oregon Court of Appeals that would require police to obtain search warrants before they can draw blood samples from some suspected drunken drivers...
...
This case involves Thomas Gregory Machuca of West Linn, whose blood was drawn after a June 1, 2005, crash in Portland but who failed to persuade a trial judge to suppress evidence of his blood alcohol level. (It was 0.20 percent, above the legal limit of 0.08 percent.) He said it violated his state constitutional right against unreasonable searches and seizures.

Chief Justice Paul De Muniz asked Kroger whether there was a constitutional right for someone not to give a blood sample against his will....
….
Oregon and virtually every other state have "implied-consent" laws, under which people who obtain driver's licenses agree to submit to breath, blood and urine tests — refusal of which can cost them to lose their licenses or pay fines. Oregon's law dates to 1965.....
....
His case was argued twice before the Oregon Court of Appeals, which decided Sept. 30 on a 6-4 vote in Machuca's favor....”
(link to full Statesman-Journal article)

2) Read the September 30, 2009, State v. Muchaca, Court of Appeals case (A133362)

3) See also posts at the Oregon DUI Blog.

4) Oregon DOJ Press Advisory: AG Kroger To Argue Important Duii Case Before Oregon Supreme Court, December 16, 2009

Dec 17, 2009

Free Search: Online Law Reviews and Law Journals

From the Law Librarian Blog:

ABA Launches Law Reviews, Law Journals and Document Repositories Search Engine:

"The ABA's Legal Technology Resource Center has launched a free search engine for researching the free full-text of over 300 online law reviews and law journals, as well as document repositories ..." (link to full LLB post)

Note:
As the ABA's Legal Technology Resource Center says, “…Coverage may vary; for more complete coverage visit your local law library and fee-based online legal research services. Also see our list of reviews/journals/document repositories which have free full-text available online, but which must be searched/browsed manually….”

Oregon Trial Attorney Resources: Law Practice, Statutes of Limitations, and More

Jerry Cunningham at his info-packed Live Journal Oregon Law website linked to this Oregon attorney website: Oregon Trial Attorney Resources, from attorneys Richard J. Vangelisti and Scott F. Kocher.

Their website has a lot of buried treasure, especially in the articles they generously post for our reading pleasure (with brief annotations no less - a legal researcher's dream). I could have just this past couple of days referred people to a couple of these.

Visit their website to read these articles and more:

1) Welcome to Oregon: What Every Lawyer Should Know About Practice In Oregon Courts, by Richard J. Vangelisti and Scott F. Kocher

"This article discusses the unique aspects of Oregon state and federal court practice that are most important for pro hac vice counsel and other lawyers who are new to Oregon."

2) Federal Court vs. State Court, by Richard Vangelisti

"What is the difference between state court and federal court? The differences can have a significant effect on the cost, and even the outcome of a civil case. This article describes the considerations that Oregon lawyers must weigh when deciding which court is a better forum for a case."

3) Traps for the Unwary: Is Oregon’s Statue of Limitations for Injury Claims Really Two Years?, by Scott F. Kocher

"This article discusses the most common exceptions to the ORS 12.110 two-year statute of limitations for personal injury cases and other tort claims in Oregon."

Visit the Vangelisti Kocher LLP website for the full text of these articles.

And visit Jerry’s Oregon Law site for lots more Oregon law and legal research tips!

Dec 16, 2009

Oregon Supreme Court: ORS 162.325: Hindrance of Prosecution and Juvenile Proceedings

The OJD December 10, 2009, Media Release gives a summary of this case (other Media Releases).

Read the full case:

State of Oregon v. Roy Lee McCullough, Jr. (SC S056910) (decided December 10, 2009)

This case involves the construction of the statute that defines the crime of hindering prosecution ….

In a unanimous opinion by Justice Thomas A. Balmer, the Supreme Court affirmed. The Court first concluded that ORS 162.325(1) applies to the hindrance of juvenile proceedings as well as criminal proceedings….”
(Link to full case.)

You can link to the statute from the Oregon Legislature’s ORS website.

Dec 15, 2009

Oregon Law Practice Management Blog

Once upon a time there weren’t that many Oregon lawyer blogs, but they are hitting their stride now. Here’s another one I came across recently: Oregon Law Practice Management

Oregon Dislocated (Laid Off) Workers and WARN Notices

Information on Oregon Dislocated Workers and WARN Notices is buried at the Oregon Department of Colleges and Workforce Development website.

The State Board of Education and the Department of Community Colleges and Workforce Development governs community college education, but they are also home to the:

Dislocated Workers Unit: (800) 282-6514, where you will find info about WARN notice requirements: Worker Adjustment & Retraining Notification Act (WARN)

And website info for workers:

1) Out of Work due to a layoff or Business Closure?

2) Aware of a possible or scheduled workforce reduction.

3) Lost your job due to imports?

4) Need a resume or help finding employment?

5) Do you need training to compete for good jobs?

And a website info for businesses:

1) Considering Layoff?

2) Wondering about the expenses of outplacement services?

3) Want to know about layoff aversion resources?

4) Interested in a confidential discussion about your options?

Dec 14, 2009

Oregon Babysitters and other Domestic Workers and the Law (BOLI)

An addition to previous OLR blog posts on babysitting:

1) If a babysitter provides child care in a private home on a regular basis while the parent(s) work, is the payment of minimum wage and overtime required?”

2) "Is it necessary to pay minimum wage and overtime if a babysitter is hired on a "casual basis," for example, when parents go out for the evening?"

See this BOLI FAQ for answers to these questions.

More BOLI FAQs.

And remember, you may always wish to consult your attorney or insurance company to ask about babysitting-babysitter liability issues.

Dec 11, 2009

Oregon Department of Justice: Worst Charities List

‘Tis the season to be giving, so give wisely:

1) Attorney General's Tips for Charitable Giving

2) Oregon Attorney General Announces Oregon's 20 Worst Charities

“… Currently, there are nearly 16,000 charities registered with the Oregon Department of Justice, and many of them are actively seeking donations. By law, Attorney General Kroger cannot dictate how charities spend your money, but he is providing Oregonians some basic advice (see attached) to ensure your gifts go to a worthy cause.

Before donating, it is important to make sure the organization is registered with the Attorney General's Office by searching the Department's online database or by calling 971-673-1880. You can also visit www.guidestar.org, a national clearinghouse of information on charities and their performance.

Attorney General Kroger also cautions Oregonians to watch out for solicitations that thank you for your previous support and charities that send invoices claiming you made a recent pledge when you didn't. These methods are intentionally confusing and dishonest ways to gain donations….”
(link to full media release)

Oregon Paralegal (and Legal Research) Website

The Portland-metro area has quite a few paralegal programs and I recently heard about this Live Journal website (Cunninghamppc), set up by an instructor (Jerry Cunningham) at Pioneer Pacific College.

The website is filled with all the Q & A that a paralegal (and the rest of us, too) could think about asking, from jobs, to drafting, to legal terminology, and much more. You'll find an awful lot of useful information here - and it's fun, too. What more could you ask?!

Previous OLR blog post on paralegal jobs.

Tiny Thomas: Making Thomas dot Gov Links Short and Stable

No, this is a not a blog post about how people in other English-speaking countries find our use of the English language - they think we are hilarious. And they are right!

(Of course, this isn’t to say that we don’t return the compliment: Our Australian and British and Scottish and Irish earth-mates leave us in stitches.)

Now, about Tiny Thomas: This is a post about a U.S. Congress website, specifically, the official website of said body: Thomas dot gov or Thomas dot loc dot gov (whichever takes your fancy).

I first found the Tiny Thomas story at the Legal Research Plus blog: New Resource: Tiny URLs for Links from the Library of Congress’ THOMAS System, November 19, 2009, by George Wilson

The Psychology of Being Scammed

P.G. Wodehouse, through his inimitable Jeeves, understood the lighter side of “the psychology of” the lovelorn (and terrifying aunts).

The authors of the 1974 “Subliminal Seduction” understood the psychology of the shopper-consumer.

And no one understands the psychology of marks more than scammers and flim-flammers themselves:

November 30, 2009, blog post at Schneier on Security: The Psychology of Being Scammed:

This is a very interesting paper: Understanding scam victims: seven principles for systems security, by Frank Stajano and Paul Wilson. Paul Wilson produces and stars in the British television show The Real Hustle, which does hidden camera demonstrations of con games. (There's no DVD of the show available, but there are bits of it on YouTube.) Frank Stajano is at the Computer Laboratory of the University of Cambridge….” (link to full post)

Dec 10, 2009

26 Places to Find Free Multimedia for Your Blog

Blogs are great places to store notes that you might want to remember or share. I saw a link to this Mashable post while at the Law Librarian Blog:

26 Places to Find Free Multimedia for Your Blog, August 4th, 2009, by Barb Dybwad

Public Restrooms, Public Service, and Teachable (and Reachable) Moments

This article is written for public library staff members, but members of the public might find it interesting, empowering, and maybe even humorous. And, everyone on the other side of the any public service counter may also find it worthy of contemplation.

First Impressions and Rethinking Restroom Questions, by Lorraine J. Pellack.

All people in public service (government or private business) have Public Restroom Debates, Disasters, and Disagreements. Public restroom issues can absorb as much staff time as parking and health care benefits when policies and procedures are discussed.

Dec 8, 2009

How Much is a Dollar Worth? The Value of Money, and Cows, Over Time

Gallagher Blogs (from the University of Washington Law School Library) has a research tip that may come in handy one day, either around the dinner table or when writing a brief:

How Can You Compare Dollars (or Pounds or Yen) Over Time? (Sunday, December 6, 2009)

Measuring Worth is a website by two economic historians -- backed by an impressive advisory board -- to help us make sense of monetary amounts at different times….” (link to full post)

The Gallagher law librarian gives us a great example using the $80 cow, Rose of Aberlone, from the beloved law school case, Sherwood v. Walker, 33 N.W. 919 (Mich. 1887)).

Dec 7, 2009

Open the Case File, Hal: Robot Lawyers Lurch Into the Future

This story from the SF Chronicle was too good not to pass along:

Robots of future may need a good lawyer, John Wildermuth, Special to The (SF) Chronicle, December 7, 2009

Crazed robots running amok used to be the stuff of late-night science fiction movies, but for some Stanford professors, that entertaining fiction is close to becoming reality and people need to start thinking about the legal implications now….” (read full article)

Thank you to Rob at Law in the News for the lead.

How to Research a Legal Problem

If you are new to legal research, this is a great place to start:

The American Association of Law Libraries (AALL) Legal Information Services to the Public (LISP) Special Interest Section (SIS) has updated their concise (7-page) guide:

How to Research a Legal Problem

See also the blog post, Valuable and Convenient Guide: How to Research a Legal Problem, December 4, 2009, George Wilson, at the Legal Research Plus blog.

Legal Self-Help, Self-Representation, and Self-Education: Public Law Libraries

This story might describe a single California county law library, but its description fits county law libraries all over the country:

Hidden gem provides legal knowledge, The Bakersfield Californian, Nov 22, 2009

Do you have a legal matter you would like to take care of but feel you can't afford an attorney? Or maybe you would just like to take care of it yourself but don't know how to get started? Well, you might be interested to know that there is help available, and it costs nothing….” (read full article)

For links to west coast county law libraries:

1) Oregon Council of County Law Libraries

2) Washington Association of County Law Libraries

3) Council of California Law Libraries

And then again, don't assume you cannot afford an attorney. Many attorneys are willing coaches, offer limited scope legal representation, and will help you find other ways to afford invaluable legal assistance. Contact the Oregon State Bar Information and Referral Service or your local law library for additional free and low-cost lawyer referrals and services.

See, for example, the guide to Portland Metro Area Legal Services.

And, remember, paralegals are not lawyers and cannot offer you legal advice!

For more information on legal research and finding a lawyer.

Dec 4, 2009

Oregon Online Registry for End-of-Life Wishes (POLST)

If you missed the news stories, e.g. this one:

Oregon launches statewide registry for end-of-life care wishes, by Don Colburn, The Oregonian
December 03, 2009:

Oregon’s POLST program, a national model for ensuring that doctors and paramedics follow people’s medical wishes near the end of life, launched its computerized statewide registry Thursday.

The bright pink
POLST (Physician Orders for Life-Sustaining Treatment) form, usually posted on the refrigerator door, instructs workers what kind of treatment to use in an emergency when a patient is incapacitated…” (read full Oregonian article)

1) Read the POLST press release.

2) Find POLST forms and Registry.

O’RICO (Oregon RICO Laws)

Oregon doesn’t have a lot of options when it comes to researching Oregon RICO laws in secondary sources. (Legal secondary sources are awash with articles, essays, commentary, etc. on federal and other state's RICO law and practice.)

There is, however, a chapter on Oregon RICO law in this book, "RICO state by State," 1998 edition, starting on page 739.

1) Try this direct Google Books link to see a chapter from the 1998 edition.

2) If that doesn't work, search Google with this search: rico state litigation. It should be one of the first items, the book by John Floyd. See page 739 for Oregon. (The Contents page won't say Oregon. Just look for page 739.)

3) Also, see the RICO Law Blog.

4) There are also, of course, the usual primary sources research resources: statutes, cases, etc.

Dec 3, 2009

Justice Bedsworth Takes on the Sport of Professional Divorce

A Criminal Waste of Space has a new address (aka URL), so if you’re a Justice “CWoS” Bedsworth fan, update your bookmarks. If you’re not a fan, well, what can I say? Take solace in the likelihood that the URL will change again and next time we might not be able to find it or get it free. Alas.

Thanks to the Orange County Bar Association, and the OC Lawyer Magazine, you can still read A Criminal Waste of Space online, free (hurrah!).

This month, December 2009 (wowsers!), our favorite off-beat appellate court justice who manages to “get it out of his system” and give us so many chuckles and guffaws, is still suffering from post-World-Series-Angst and we’re glad of it!

Take Me Out To Divorce Court: “Beds is having a hard time letting go of the baseball season this year.

Oregon Public Records, Consumer Protection, and the Oregon Attorney General

A Dec 2nd, Oregonian story reports on policy and practice changes at the Oregon Department of Justice.

Read the Oregonian story for background and details: Kroger appoints public records czar but limits consumer information, by The Oregonian's Jeff Mapes and Laura Gunderson, December 02, 2009.

Changes include:

1) Reorganization of how public records requests will be handled statewide,
2) Public posting of the full Oregon Public Records and Meetings Manual,
3) Change in policy about reporting, publicly, on civil investigations,

and,

4) The appointment of a public records chief, that is, a Government Transparency Counsel: "The Government Transparency Counsel is a new position at the Oregon Department of Justice. The Government Transparency Counsel's mission is to improve the enforcement of Oregon's open government laws. The position will coordinate all public records requests to the Department of Justice."

(Note from a (too literal) law librarian: This sounds like an interesting and useful job, but I’m not sure about the title. I can hear people asking, and see them scratching their heads, “but what does a transparency counsel DO?” What’s wrong with calling it a Public Records Officer or Director of the Open Government Office or some such? It’s like the old saying about res ipsa loquitur: If the thing speaks for itself, it’s a pity it doesn’t speak English.)

Dec 2, 2009

CDC Vaccination Program Phishing SCAM

There might only be 6 (at most) among my readers who need this warning, but please tell your less internet-savvy family and friends to read the official CDC Alert on the Scam. They may need to be vaccinated against internet hoaxes and scams!

Fraudulent emails referencing CDC-sponsored State Vaccination Program (December 1, 2009)

CDC has received reports of fraudulent emails (phishing) referencing a CDC sponsored State Vaccination Program…. “
(read full alert)

(CDC H1N1 Homepage)

Oregon Employment Law: Paychecks, Employers, Holiday pay, Mealtimes, and More

Do you have Oregon employement of labor law questions about:

1) Final paychecks?
2) On the job meal times?
3) Domestic worker compensation?
4) Home health care workers?
5) What about interns, students, whistle blowing, volunteers, religious accommodation, personnel files, crime victim leave, hours worked, or independent contractors?

BOLI FAQs have so many informative fact sheets that you might want to make yourself comfortable, grab a coffee, and settle in for some interesting online reading.

Happy FAQ surfing!