Jan 31, 2010

What Oregon Legislators Need During Public Testimony

On the countdown to the 2010 Legislative Session, I offer this:

While listening to a particularly interesting Oregon Legislative Committee hearing (yes, they can be interesting), I noticed how wide-ranging the questions from Legislators were. So, I made a list of the types of information that were asked about during this single hearing:

(See also, How To Testify Before a Legislative Committee.)

1) Be prepared with detailed facts on the issue at hand - very detailed - know your subject inside and out, upside and downside. (Make sure your notes are very well organized on that laptop or in that binder. There will always be some fact you won't remember.)

2) You may have to become a teacher on the spot, so be prepared to educate legislators, quickly and clearly. Assume legislators know nothing about how your business, agency, or program operates. Some may, but never all of them. Legislators have to cover a whole lot of ground in a very short span of time and cannot become experts in everything (nor can we!). Each Legislator is probably an expert in something, but they each get to vote on everything and need to learn fast. Really good handouts and charts may be useful, but keep Mr. Tufte mind. No eye-crossing diagrams, please! (In my world this means not assuming all legislators know how cases are adjudicated, let alone how they are filed, how litigant navigate the judicial system, how county law library system or any public library system operates, how OJD is distinct from DOJ, etc. Your business before the Legislature may be even more complex than mine.)

3) Comparisons (compare and contrast): Be prepared for questions that come from all sides of the issue. Be prepared with analogies and examples. Pretend, if you must, that you are preparing a presentation for a “town hall meeting.”

4) What other options were considered to achieve the ends you are seeking and why were those options rejected in favor or the one you are putting on the table for the Legislators to support?

5) What are the costs and benefits of your proposal - actual costs of actual service, administrative costs, benefit to whom, etc. Use real and realistic numbers, whether they are dollars or statistics, and be prepared to explain and justify them.

6) What are the opportunity costs and no-action costs, i.e. what won't or can't be done if time and money are spent on this project rather than on something else and what are the anticipated if not the actual results of no-action?

7) Are you prepared for good follow-up on your program/budget expenditure? For example, if the Legislators fund a study or program, will there be adequate follow-up and follow-through. Be prepared to discuss your program’s evaluation plan and timetable!

8) Align your proposed program activities and presentation with the exact language of the bill on the table.

9) Legislators are fully aware that local control is important to Oregonians, but they also know we are all on the same team - Oregon. Be prepared to address your issue(s) from all angles and perspectives.

I’m sure there is more, but this is a start. Go forth and testify! Participating in law-making, while frustrating and aggravating, can be invigorating.

Jan 29, 2010

Federal GPO Access Becomes FDsys

GPO Access will soon become FDsys (GPO's Federal Digital System (FDsys)). It is still the Government Printing Office website, but new and improved and with a confusing name, FDsys. Two out of three isn’t bad at all and the important part is good content and a friendly interface.

Two useful articles from LLRX:

1) The Government Domain - Congressional Documents on FDsys: the Basics, by Peggy Garvin, July 27, 2009

2) The Government Domain - Congressional Documents on FDsys: Advanced Techniques, by Peggy Garvin, January 23, 2010

13 Ways (and 147 Tools) to Help Your [Business] Save Money on Technology

This was an interesting list and worth passing along - and clearly useful for all, not just libraries:

13 Ways (and 147 Tools) to Help Your Library Save Money on Technology

(Thanks to iLibrarian for the lead to the Librarian in Black link.)

Jan 28, 2010

2009 Oregon Revised Statutes (ORS): Now Online

The 2009 Oregon Revised Statutes (ORS) are online - hurrah! - just in time for the start of the Oregon 2010 Special Legislative Session, when we start all over again - aghhhh!

So You Want to be a U.S. Supreme Court Law Librarian?

Did you ever wonder what a U.S. Supreme Court law librarian job description looks like? Here’s your chance - and it’s a part-time job too (well, at least you’ll be paid for only 30 hours a week).

Direct link or link from Law Librarian Blog:

Provides complex, interdisciplinary reference and highly technical research support services; uses resources in newly emerging information sources in all formats; creates new methods and formats for assembling, organizing and delivering knowledge and information to Court constituencies; participates in the design, implementation, and maintenance of a complex relational database incorporating imaging, indexing, data migration and file transfer across the Court intranet and extranet; serves as an expert in all aspects of the evaluation, navigation, access and retrieval of worldwide online and Internet resources and services; works under great time pressures; performs collection development and related collections services duties; conducts tours, briefings and orientations; and undertakes broad programmatic responsibilities for long-term projects and programs which impact the overall effectiveness of the Research Department.

Qualifications:

Master's degree in library science (ALA approved) required. Law degree strongly preferred. Three years experience in legal research (traditional and electronic), with demonstrated expertise in general broad-based reference, legislative and historical research and computer applications (such as databases and their management and MS Windows proficiency) required. Experience in one of several non-legal subject areas, e.g. business, empirical or quantitative research or history, as well as foreign language skills desirable. Ability to prioritize and work under time pressure on many projects simultaneously and excellent oral and written communications skills required. Employment is subject to successful completion of a security background check.

Master's degree in library science (ALA approved) required. Law degree strongly preferred.”

(Hmmm, I don’t see anything in that description that sounds like knows how to search databases that are just like Google -- small mercies. Although, even the U.S. Supreme Court seem to find it ok to use the word "impact" as a verb (horrors!), but I suppose saying "affect the overall effectiveness" might have been a bit much. Of course one might say, "that will improve the overall effectiveness ...." Maybe they like the vagueness of "impact," though don't look at me if that "impact" turns out to be negative. And we won't even talk about that "prioritizing!" (LOL!))

Legal Research Database Interface-Hoopla: Westlaw, Lexis, and Beyond

Not unlike the iPad rollout, the new-interface rollouts for Lexis (aka New Lexis) and Westlaw (aka Westsearch or WestlawNext) are creating a lot of buzz.

Whether or not there is substance, improvement, change, or anything worthy of all the hoopla remains to be seen. We remain hopeful, although some of us still pine for the precision and speed of the old Westlaw (aka native Westlaw).

Law librarians, and librarians generally, are skeptical people by nature and training, usually reserving judgment until we see if performance matches hype. We also look askance when someone (Lexis and Westlaw aren’t the first and won’t be the last) says that their new search engine is “Just Like Google.”

While we are immeasurably glad there is a Google in the world, the phrase “just like Google” does not strike any joy into the heart of a law librarian, though it may strike joy into the heart of a lawyer who does do serious legal research. When opposing counsel rely on Google, the one who performs actual legal research can only watch and wait for the shouting to die down (assuming of course that the judge knows the law, which most do, no matter what anyone says).

In the future, “just like Google” legal research may mean something, but now, not so much.

For some preview articles (versus future ones that will review the new services and compare them to existing services, weighing pros and cons):

1) Legal Sites Plan Revamps as Rivals Undercut Price, by Ashlee Vance, New York Times, January 24, 2010

2) Exclusive: Inside the New Westlaw, Lexis & Bloomberg Platforms, by Jill Schachner Chanen, ABA Journal, Jan. 24, 2010

There will be more reviews and commentary on these new legal research database platforms as the year moves along. These will appear on blogs and news websites from the Law Librarian Blog to 3 Geeks and a Law Blog and beyond.

Jan 26, 2010

New Law School to Open in Boise, Idaho

Visit the Concordia University Law School website to learn the status of this future Boise, Idaho law school. You can sign up to receive news updates.

Link to their fact sheet and press releases from their homepage.

Go Online to Report a Crime in Portland, Oregon

You can report a crime and print out a crime report:

Portland Police Bureau Citizen On-Line Reporting System is open for business:

From their website:

Welcome to the Portland Police Bureau Citizen On-Line Reporting System. If this is an Emergency please call 911. Using the Citizen On-Line Reporting System allows you to submit a report immediately and print a copy in 24 to 72 hours. Also, your copy of the report is free, avoiding the regular fees charged for reports. Please confirm the following to find out if online citizen police report filing is right for you:

This is not an Emergency?
This incident occurred within the City of Portland and the Police Bureau service area?
There are no known suspects?


Please Note:

All cases filed using the Citizen On-Line Reporting System will be reviewed.

Upon review, if further investigation of your case is needed, you may be contacted.

Filing a false police report is a crime….”


(Link to the website for details.)

Jan 25, 2010

Trial Practice and the Use of Archived Web Pages

Citing to digital legal resources with specificity (and confidence in the URL's permanence) is tricky business.

Documents and websites have a habit of moving around cyberspace - a lot. Corporations aren't the only non-human entities that have "people"-rights to move cross-country, so to speak; digital documents change their addresses (URLs) as frequently as human-people do and there is no law stopping them from doing so.

KCLL Klues has this blog post, with references that will give you a good start when researching this subject:

The Wayback Machine and Using Printouts of Archived Web Pages at Trial, January 15th, 2010.

(U.S. Supreme Court: Citizens United vs. Federal Election Commission, 08-205, January 21, 2010. U.S. Supreme Court official website.)

Robbery Prevention and Parenting Classes in Washington County (Oregon)

The Washington County (Oregon) Sheriff’s Office is offering the following classes:

1) Parent University (series of classes)

2) Robbery Prevention and Awareness Training for Retail Businesses

Oregon Small Claims Court and Local Court Rules

I haven’t blogged about Oregon Small Claims Court in a little while, and while not much has changed overall, here are a couple of updates:

1) It is very important to keep up with your Small Claims Court rules and procedures. Always read:

a) the Small Claims packet of information the Court gives you or that is on their website,

b) the Oregon Revised Statutes (ORS) chapters on Small Claims actions (use the Index to locate the relevant sections)

And,

c) your County Circuit Court’s Supplemental Local Rules (SLRs), to find out if they address small claims court matters. County Circuit Court Supplemental Local Rules (SLRs) may be found at the court’s website, e.g. Multnomah County, or from the Oregon Judicial Department (OJD) website. (County Justice Courts may not have local rules, but check with the court to find out.)

2) Second, a curse upon the person who stole our Nolo Press book on Small Claims Court!

Jan 24, 2010

Vote or Don’t Complain: Oregon Ballot Deadline: January 26, 2010

The ballot deadline is January 26, 2010. Please don’t mail your ballot at this point. Please find a drop box.

It has been said that people spend more time shopping for a TV than they do mulling over an election ballot. For crying out loud, in Oregon you can fill in your ballot while sitting in a comfy chair, drinking a beverage of choice, and mumbling or ranting to your heart’s content.

If you don’t vote you can’t complain. People around the world and through the centuries know that maintaining a democracy is a lifetime effort (and sometimes a death-defying one). You can’t vote once and expect to find yourself in Shangri-La (which may not be your cup of tea anyway). And voting once or twice a year is the minimum entrance requirement for keeping a country a free republic. It takes more, much more.

Look around at advocacy groups, and advocates, who devote lifetimes to making the world a better place for the rest of us. They don’t just Vote and Complain. They volunteer, the write, they blog.

If you didn’t register to vote in this election, make it your 2010 resolution to register to vote in the next one, which may be here sooner than you can say, Mail-in Ballot!

May you live in interesting times!

Jan 22, 2010

Immigration Law Primer and a Free, Online Learn-a-Language Primer

1) The Gallagher Law Library blog reminds us that an “Immigration Law Primer” is available at the Federal Judicial Center.

2) The basic print immigration law primer is Kurzban’s “Immigration Law Sourcebook.”

3) Speaking of immigration - and travel, Oregon public libraries have a new language database, Mango Languages. You can learn basic phrases, take a more intensive course, or use their translation service. It also has English as a Second Language (ESL) lessons. Check with your local library reference staff or website, e.g. Washington County and Multnomah County.

Jan 21, 2010

Oregon Circuit Court Filing Fees

Oregon Judicial Department (OJD) Filing Fee website and fee calculator.

Oregon attorneys have additional information at the PLF website, including this memo that was revised January 12, 2010: “Understanding the New Filing Fee Requirements in Civil Cases (HB 2287) Effective: October 1, 2009

Jan 20, 2010

Slush Piles: Writers and the Law

Publisher slush piles have collapsed as much from too many lawyers (and people wanting to sue) as from the sheer volume of “slush.”

Here’s an interesting article from the Wall Street Journal:

The Death of the Slush Pile: Even in the Web era, getting in the door is tougher than ever,
Wall Street Journal, January 15, 2010, by Katherine Rosman:

Excerpt: "... Now, slush is dead, or close to extinction. Film and television producers won't read anything not certified by an agent because producers are afraid of being accused of stealing ideas and material. Most book publishers have stopped accepting book proposals that are not submitted by agents. Magazines say they can scarcely afford the manpower to cull through the piles looking for the Next Big Thing...." (link to full article)

Thanks to the January 19, 2010, post at Library Link of the Day for the lead.

For publisher and writers groups links for Oregon authors, try the Oregon Authors website.

Oregon 2010 Law Library Values (OSB)

The Oregon State Bar (OSB) has posted the 2010 Law Library Values Schedule. The website includes values for previous years as well:

This schedule has been prepared by the Property Tax Division of the Department of Revenue, State of Oregon, in cooperation with the Oregon State Bar. Owners of Law Libraries should declare the schedule values to the assessor. No further reduction should be made for depreciation, shopwear, or obsolescence. Space prevents a listing of all books that might be found in a Law Library. The lack of a listing does not indicate that individual books, sets, or volumes should not be reported. Such unlisted books, sets, or volumes should be reported in Section Q values unless personal knowledge indicates greater actual value on some sets.” (Link to full schedule.)

Jan 19, 2010

Oregon Legislature: “Special” Session or “Supplemental” Session?

Just as people ask if the Oregon SLRs are the "Supplemental" Local Rules or the "Supplementary" Local Rules, they also ask about those "Special" vs. those "Supplemental" Sessions. Here's an article that may answer the question, in full or in part:

A lot is riding on February session: Senate president says it will be prelude to annual sessions ballot measure, by Peter Wong, Statesman Journal, January 17, 2010:

Excerpt: 'Oregon lawmakers gave a test drive to an annual session two years ago, but Senate President Peter Courtney said the February session will be the one on which voters decide whether such sessions are permanent.

"We're going to try it again — and it's going to be 10 times more difficult and 100 times more dangerous," the Salem Democrat said last week at a Marion County DemoForum attended by about 75 people.

"Last time, it was historic. This time, it's a mission fraught with peril. It is not a special session. It is a supplemental session — an attempt to convince you, as well as ourselves, that we need to be in more than once every two years to try to deal with Oregon's budget and public policy." ...

Oregon is one of five states where lawmakers still meet every other year. The others are Montana, Nevada, North Dakota and Texas.

The current schedule of odd-numbered-year sessions began in 1885. They have no time limits, but the 2007 and 2009 sessions each ran six months. However, the 2003 and 2005 sessions, which ran into August, were the longest in state history.

Excluding the 2008 session, there have been 36 special sessions — 16 of them since 1981, when Courtney began in the Legislature. All but one were called by the governor; a majority of legislators can do so without the governor, but did it only once before 2008.

A draft constitutional amendment for annual sessions was cleared for introduction by a Senate committee last week, but contains no limits on the sessions — or an election date.…
' (link to full article)

Jan 18, 2010

Google Wave and Lawyers

If you saw and were intrigued by Robert Ambrogi’s article in the OSB Bulletin (January 2010):

New and Gnarly: Will Lawyers Catch Google’s Wave?,

you might want to look at iLibrarian’s post that links to Mac Life’s post 20 Real World Uses for Google Wave.

Read more about Google Wave.

Jan 17, 2010

You Say State, I say Federal; You say Justice, and I say Judiciary

(And just try saying judicial system without sounding inebriated, a point the wonderful comic Dana Carvey made more than a decade ago.)

I was listening to an Oregon legislative hearing the other day and a legislator commented (quite rightly) on how confusing government is to many people (legislators and the rest of us).

Those of us who live and breathe “government” spend a lot of time helping to educate the public. But we remember well a time when we were confused ourselves -- because it is confusing!

Even if you survived grade or high school civics, it can be very hard to make the leap from The Three Branches of Government or How a Bill Becomes a Law to How to Solve a Legal Problem.

I’m not going to repeat all those Civics Lessons here (say goodbye to all my blog readers if I do that!), but I will comment on two of the most common points of confusion for people looking to find answers to legal questions or to solve legal problems:

1) Is the problem based on local, state or federal law?

a) Sometimes this is easy, but sometimes not so much. Take that lowly (and aggravating) traffic ticket. The law you allegedly broke was mostly likely, and in 99.9% of cases, either local or state, but it is truly possible to “make a federal case” out of some traffic stops.

b) If you don’t know which law applies to your question, ask a librarian, and maybe even a law librarian! We have laws, grids, flow and organizational charts, and sometimes even answers.

2) Isn’t the Justice Department the same as the Judiciary?

a) No. The Justice Department, is in the Executive Branch of government (Oregon example), and the other, the Judicary, is the Judicial Branch of government (Oregon example).

b) Or, try this:

1) This is one of those Three Branches of Government questions. Remember the Executive, Legislative, and the Judicial Branches of Government civics lessons?

a) Executive branch: administrative agencies, headed up by the (state) Governor or (federal) President, including the (state or federal) Justice Department (and where you will find the state or federal) Attorney General.

b) Judicial branch: these are the state and federal courts, where judges preside over disputes. (There are also local courts, but we’ll leave that complication for another day.)

c) Legislative branch: think U.S. Congress or your state legislature, e.g. Oregon Legislature. They make the laws that show up in the (federal) U.S. Code or the (state) Oregon Revised Statutes.

End of Lesson! Reward yourself.

Official vs. Unofficial Sources of Law (with a side of Positive Law)

It’s not easy to find a simple online explanation of the difference between Official and Unofficial sources of law. My explanation may fill in that gap - or not, depending on your specific question. (And a blog post this long can hardly be called "simple," but such is life -- and law.)

1) In a nutshell, an official source is a source that has been authorized by an official body, such as a court or a legislature. In Oregon, for example, we have the official statutes of Oregon, published in the Oregon Revised Statutes (ORS), by the Oregon Legislature, through Legislative Counsel. (This official statutory compilation should not be confused with Oregon Laws, which is the official session law compilation.)

2) We also have in Oregon, as do many states, an unofficial statutory compilation, the Oregon Revised Statutes Annotated, which is published by Thomson-Reuters (West Group).

3) Most legal dictionaries will define the word “official.” I like the definition of “official” in the “Legal Research Dictionary: from Advance Sheets to Pocket Parts, Second Edition,” by Elyse H. Fox. It not only defines “official” in the context of legal research publications, it also includes the point that official publications may be published by a private publisher, under the authority of a government entity. That is, a government entity may delegate that publishing authority to a private publisher, e.g. Thomson-Reuters or Lexis-Matthew Bender.

4) Don’t confuse official sources of the law with positive law (see also this blog post). They are two different things.

a) A statute codification can be official, but not positive law. It may be prima facie evidence of the law (rather than “legal evidence of the law.”). For the record, the ORS is an official source of the law, but it is not positive law.

b) For information about drafting legislation, take a look at the Oregon LC Bill Drafting Manual.

5) And then we have Primary and Secondary legal research resources, though that is a different subject altogether because secondary resources are generally not sources of law, but are commentary on the law and law finding tools. Wikipedia does a pretty good job at explaining the difference between primary and secondary.) And the American Association of Law Libraries (AALL), Legal Information to the Public Special Interest Section, has an excellent introduction to legal research.

Session Law (Oregon Laws) vs. Codes (Oregon Revised Statutes)

Note: Read the Law Librarian Blog post: Beware of Discrepancies Between Google SLOJ Opinion Texts and Texts from Other Sources.

Jan 15, 2010

Favorite Book of the Year: “The Healing of America,” by T.R. Reid

If you want an absorbing, fascinating, and fun book to read … if you want to sound (and possibly be even more) intelligent and well-informed when discussing health care systems around the world, and you don’t want to slog through zillions of pages in boring tomes, I highly recommend that you read:

T.R. Reid’s “The Healing of America: A Global Quest for Better, Cheaper, and Fairer Health Care

This is a “I missed by bus stop!” sort of read (which is much better than saying, “whoops, I missed Minneapolis!”). Reid is a great researcher and storyteller (and very funny, at that - you might have enjoyed T.R. Reid’s other books or radio appearances.)

When does the 2010 Oregon Legislative Special Session Start?

The official start date for the 2010 Oregon Legislature’s Special Session will be posted on the Legislature’s webpage. The likely start date is Monday, February 1, 2010, but do check to make sure that isn’t changed.

On a related note, and at the risk of making the demand for their excellent reference service greater than the supply of Legislative Liaisons, I need to put another word of praise in for our Oregon Legislative Liaisons, who can be contacted at 503-986-1000 (phone number at bottom of the Legislature’s homepage).

If you need a quick (and even a not so quick) Legislative Question answered, they are your Go To People. For example, what about those questions you just can’t find quickly, or at all, on their website?

1) When does the next Legislation Session Start?
2) I have a bill number. Did it become law?
3) Where on your website is the superseded ORS?
4) Was there a bill last session on towing?

You can find answers to some of your questions at the Legislature’s website and you can also find answers to these questions at your local public or law library, but sometimes we just need to phone the Legislative Liaisons.

And, if you’ve never listened to a Legislative Hearing, try it out. You learn a lot - along with your legislators who sometimes have to learn on the job, too. (So do librarians! You don’t think I have all this stuff inside my head, do you?)

Home Schooling Law in Oregon

There are lots of online home schooling resources and I’m highlighting only these two, both of which have good links to Oregon home schooling laws:

1) Oregon Department of Home Schooling

Home schooling is an alternative education option in Oregon. Parents who choose to home school their children must register at their local Education Service District (ESD). Curriculum and assignments are not provided by the state, however, testing is required at grades 3, 5, 8 and 10. Please review the guidelines, Q & A and laws and rules for more information on home schooling….” (link to full ODHS website)

2) OHEN: The OHEN homepage has links to homeschooling news and laws, among many other resources:

OHEN is an inclusive, statewide, nonprofit organization dedicated to supporting all of Oregon's homeschooling families. OHEN supports the right of all homeschoolers to educate their children with as little government intervention as possible. Celebrating the diversity within our homeschooling community, OHEN welcomes any person without regard to educational philosophy, religion, creed, race, color, gender, or ethnic or national origin.”

Jan 13, 2010

Promises, Promises: Conan and Contracts

(The Law Librarian Blog has an interesting update to this story: What Would Professor Kingsfield Say? Conan O'Brien-NBC Contract Dispute Awakens Sleeping 1L Contract Students, posted, January 16, 2010.)

I read recently that "Conan's Lawyers Screwed Up, Forgot To Specify "Tonight Show" Time Slot," Henry Blodget, Jan. 11, 2010.

A lot of people exclaim “there ought to be a law,” but the reality is, in many instances, what people need is better contracts. From your condo/HOA bylaws, to your apartment lease, to employment contracts, to that CEO going-out-the-door sweetheart deal, to that prenuptial agreement, to your will, and on and on and on, it’s the words of the contract that matter.

(There are many blogs, books, and classes on drafting contracts, e.g. here and here, but don't confuse legally valid with well drafted (not that lawyers, clients, and judges won't still disagree).)

(Thanks to Rob at Law in the News for the link to the Conan contract story.)

Titles that Have Entered the Public Domain in the U.S. (and beyond)

The January 13, 2010 Library Link of the Day featured this interesting story from the Center for the Study of the Public Domain:

What Could Have Been Entering the Public Domain on January 1, 2010? Under the law that existed until 1978 . . . Works from 1953

Excerpt: “…What might you be able to read or print online, quote as much as you want, or translate, republish or make a play or a movie from? How about Casino Royale, Ian Fleming’s first James Bond novel? Fleming published Casino Royale in 1953. If we were still under the copyright laws that were in effect until 1978, ….
….
Agatha Christie’s, A Pocket Full of Rye
Saul Bellow’s, The Adventures of Augie March
Ray Bradbury’s dystopian novel, Fahrenheit 451
John Hunt’s, The Ascent of Everest
C.S. Lewis’s, The Silver Chair (the fourth book in The Chronicles of Narnia)
J.D. Salinger’s, Nine Stories
Leon Uris’s, Battle Cry
James Baldwin’s, Go Tell It On the Mountain
Ira Levin’s, A Kiss Before Dying ….” (link to full story and website)

See more at Public Domain Day blogposts, here and here.

Jan 12, 2010

Pro Se Litigants Who Win: “favorable facts, obsessive organization, and fearlessness”

I too have a successful pro se litigant (in my public law library) who had these: “favorable facts, obsessive organization, and fearlessness.” As you’ll see from this Wall Street Journal article, it also takes a judge who is willing and able to see (and speak) when the emperor has no clothes. And in some cases with pro se litigants, it doesn’t hurt to have lawyers on the other side who rely more on muscle and tricks rather than on law. And of course, a little luck doesn’t hurt, either.

Nurse Outduels IRS Over M.B.A. Tuition: How One Woman Went to Tax Court and Won Deduction, by Laura Saunders, Wall Street Journal, Monday, January 11, 2010:

Excerpt: “A Maryland nurse accomplished two rare feats in her battle with the Internal Revenue Service: She defended herself against the agency's lawyers and won, and she got a ruling that could help tens of thousands of students deduct the cost of an M.B.A. degree on their taxes....
...
Few taxpayers decide to go toe to toe with the IRS as Ms. Singleton-Clarke did, arguing her case without a lawyer. For good reason: In 2009, individuals won only about 10% of about 300 such cases, according to data from Tax Analysts. Ms. Singleton-Clarke fought her case in Tax Court, a venue where taxpayers don't have to pay the contested tax before going to trial. The court has a special procedure for small cases....
...
Ms. Singleton-Clarke's encounter with the tax system shows what it can take for one individual to prevail over the IRS against the long odds: favorable facts, obsessive organization, and fearlessness. She says she didn't have a lawyer because she couldn't afford one.
...
Both the IRS's actions and her reactions are typical, says Christopher Bergin, president of Tax Analysts, a group that fights for tax-system transparency and since l972 has won a series of freedom-of-information cases against the IRS. "Without doing anything illegal, they muscled her. That's what they do. The pressure can be terrifying," he says....
(read full article)

Yahoo Finance homepage.
Wall Street Journal homepage

Jan 11, 2010

Automobile Fraud and Unsafe Vehicles

This could be a Traffic Week post, but it’s a new week and time to move on. That said, it's hard to let go of the steering wheel:

Automobile Fraud and Unsafe Vehicles: How the National Motor Vehicle Title Information System Can Help You Protect Yourself, January 6th, 2010, by Tracy Russo:

Excerpt: “…[C]ar fraud can place unsuspecting consumers in unsafe vehicles….

Consumers can access critical nationwide total loss and salvage vehicle information on vehicles by visiting
www.vehiclehistory.gov. NMVTIS is the only publicly available system in the U.S. to which all insurance carriers, and auto recyclers, such as junk yards and salvage yards, are required, under federal law, to report to on a regular basis….” (link to full post)

Visit the Justice Blog, from the U.S. Department of Justice.

Traffic Week and Traffic Law OLR blog posts.

Jan 8, 2010

Traffic Week: How to Beat Your Oregon Traffic Ticket

Welcome to the end of Traffic Week at the OLR Blog. Traffic law posts will appear throughout the year, but this is the end of my Traffic Week experiment.

Despite all efforts at smart driving, even the best amongst us will get a traffic ticket. I’m not sure I can do better than my Oregon Legal Research blog posts on Beat Your Ticket, Get Your Day in Court.

Happy Trails!

Traffic Week and Traffic Law OLR blog posts.

Discount Broadband for Portland/Salem Nonprofits

From TACS, an Oregon organization that supports nonprofits:

We want to remind you of the deadline for an offer that may benefit your nonprofit:

Mobile Broadband offers Clear mobile and broadband internet service at a reduced price to nonprofits in their Portland and Salem coverage areas. Their offer includes unlimited usage for $10/month per account for up to 25 accounts and no implementation costs, with a one-year commitment and pre-payment. View the program brochure, calculate your cost (see link toward bottom left), or complete the simple online application.

The deadline to apply is January 15, 2010. If you have questions about the service, the offer, or the application process, please contact Leslie Lord at 1.877.216.9603 or
leslie@mobilecitizen.org....” (link to TACS website)

Traffic Week Miscellany: Human Transit, Jump Starts, and, of course, Cows

For my penultimate Traffic Week blog post, I give you these:

1) Transit musings: Try this transportation blog: Human Transit

2) Traffic law sometimes surprises: If you ever were in doubt about the truth of this statement, “if you read only what is written in the statutes and the constitutions you will be absolutely wrong about what the law is,” let the following be a wake-up call:

KCLL Klues posted this story December 9, 2009 (and more links to WA traffic stories):

Traffic infraction case overturned by WA Supreme Court
Anyone who has ever tried to find appellate case law on traffic infractions will quickly realize that few traffic infraction cases are appealed to the Court of Appeals and even fewer to the Washington Supreme Court. The attorney fees alone would be significantly more than the initial ticket.

Such was not the case for Seattle attorney Andy Magee. In 2005, Mr. Magee helped out a friend who needed a jump start on an on-ramp on Highway 520 and positioned his vehicle so that it was nose-to-nose with the other car on the shoulder….”
(link to full KCLL Klues post)

3) Cows, Cows, Cows: Cows have leading roles in The Law, from contract law to traffic law to legal research blog cow searches. See Rose of Aberlone (and see also this and this and this), engagement rings and this excerpt from a previous Justice Bedsworth: A Criminal Waste of Space article: Is a Cow a Motor Vehicle?

Legend has it that the publication of The Great Gatsby pushed Ernest Hemingway into a deep depression. Hemingway is supposed to have confided to friends that he found it difficult to write after reading Gatsby because it had been his dream to write The Great American Novel and Fitzgerald had beaten him to it. Now I know how he felt.

... I set my sights on the perfect paragraph. That seemed high enough to keep people from tripping over and low enough to be doable. I figured I had twelve years before the electorate got wise to me and threw me out at the end of my term, and in that time I should be able to write one perfect paragraph. ...

The Court of Appeals for the Eleventh Appellate District in Portage County, Ohio, did it a few months ago. And now anything I wrote would be a pale imitation of their Gatsby paragraph.

Say what you will about me, I know when I’m beat. Here is the first paragraph of Mayor v. Wedding, 2003 WL 22931354 (Ohio App. 11 Dist.) : "In this case we are called on to determine whether a cow is an uninsured motor vehicle under appellants’ insurance policy. We hold that it is not."


How could you improve on that? I mean, that’s “Call me Ishmael.” That’s “All happy families are happy alike, all unhappy families are unhappy in their own way.” That’s “It was a dark and stormy night . . .”3 No one could read that paragraph and stop. It is, therefore, not only the perfect paragraph, but the perfect opening paragraph. My desolation is complete….” (read full article)

Traffic Week and Traffic Law OLR blog posts.

Traffic Week: Oregon Traffic Accident and Crash Data

Don’t let your kids grow up to be traffic statistics. Maybe you want them, instead, to grow up to be transportation analysts or transportation journalists!

Some Oregon traffic statistical compilations:

1) ODOT Crash Analysis and Reporting

2) ODOT Crash Data

3) Traffic accidents: Your responsibilities in an accident.

4) Links to Sources of Oregon Traffic Laws:

a) Oregon Department of Motor Vehicles

b) Oregon and federal traffic-related websites

c) Oregon Administrative Rules (OAR) / Oregon Department of Transportation Rulemaking

d) Don’t forget your county and city codes and ordinances. City and county links from the Oregon Blue Book.

Jan 7, 2010

Traffic Week: Public Transit in Oregon (Mostly Portland-Metro)

A few of the on and off-the-grid Portland-metro, Trimet, and traffic blogs for more than you might want to know about public transit in the Portland-metro area:

1) Trimet official website
2) History of Public Transit in Portland
3) Hard Drive: A commuting blog
4) Association of Oregon Rail and Transit Advocates (and their Transit Links)
5) Portland Transport
6) Transit Sleuth
7) Trimetofficialinformation
8) Trimetiquette

Traffic Week and Traffic Law OLR blog posts.

<<<<<>>>>>:

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 Legislature: February 2010 Special Session

Visit the Oregon Legislature’s 2010 Special Session Information website for updates on what will happen in February.

There is also that January 2010 election … and depending on the outcome, the Special Session agendas may change a lot or a little.

Oregon Legislature homepage.

Traffic Week: Not-So-Smart Joggers and Pedestrians with Death Wishes

Pedestrians have to follow the law, too. The Oregon Pedestrian Rights [and responsibilities] website links to laws and other resources.

I drove (very slowly) past a jogger the other day. It was a dark, gloomy, wet early - very early - morning. The not-so-smart jogger was in the street, jogging in the same direction as traffic, on a narrow 2-way street, dressed in black, WITH HEADPHONES ON.

This person definitely had a death wish. We all see this every day. I’m a hard-core pedestrian and public transit rider, someone who drives very, very little, and these pedestrians make me very nervous. (I suppose it's the same way bad bicyclists make good bicyclists nervous and irritable.)

I know sidewalks have their own hazards (that's another blog topic), but pedestrians, please, don't just jump into the street - it's not safer than staying put for a moment and looking both ways. Besides, the law is not on your side if you cause the accident.

I was driving on another dark and wet morning and saw a jogger on the sidewalk to my right, running in the same direction I was driving. He calmly jogged off the sidewalk into the street without looking and kept running - to jog, to run, perhaps to die? I had to swerve and shared a “is he crazy” signal with another jogger who saw the whole thing.

Pedestrians have to follow the law. Joggers are pedestrians, too. The Oregon Pedestrian Rights [and responsibilities] website links to laws and other resources.

Cars are heavy - and deadly. I’d rather risk a fall on a sidewalk than a collision with a car.

Smart joggers, walkers, runners know they aren’t easy to see. Wear bright colors, flashing lights, or be very, very careful.

Pedestrian Law (book and OLR blog links): a Legal Guide for Persons on Foot and the Willamette Pedestrian Coalition.

Traffic Week and Traffic Law OLR blog posts.

<<<<<>>>>>:

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.

ABA Releases Legal Guide for Elderly and Seriously Ill

The December 2009 Lane County (Oregon) Law Library Newsletter alerts us to a new American Bar Association (ABA) free, online publication:

ABA Releases Legal Guide for Elderly and Seriously Ill (ABA News Release)

The (print) 2009 Oregon Revised Statutes (ORS) Has Arrived

The print set of the 2009 Oregon Revised Statutes (ORS) is arriving in libraries and law offices around the state, but it’s not yet online. Soon, soon.

The ORS is chock full of goodies (notice I did not say goodness), including the full text of the Oregon Constitution.

Jan 6, 2010

Traffic Week (Oregon): Hand Signals

No, not that hand signal, although, a Nov. 15th, 2009, Ask Marilyn column had a wonderful Q&A about those hand signals (aka “motorist salute”), that is, she agreed with a reader that a SORRY! hand signal was desperately needed.

(And this post is not about Turn Signals, which I talked about in another Traffic Week blog post.)

None of us is perfect and there are times when we wish to convey our contrition.

However, do read the DMV Official Rules about Driver Signals: DMV driver pamphlet (large file, 5+ MB - if you survive the download, look for the word “driver signals”)

And if you are so inclined, read the actual laws in the Oregon Vehicle Code (in the ORS).

Traffic Week and Traffic Law OLR blog posts.

<<<<< 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.


Traffic Week: Turn, Turn, Turn Signals

After reading yet another news story about someone who made an Unsignaled Lane Change and ended up in really deep trouble for other infractions (to put it mildly), I offer this public service notice.

(Oh, and you can find out what that infraction will cost you at the OJD Base Fine Schedule website.)

I know most Oregonians (including police and parking enforcement vehicles) don’t have working turn signals, or maybe there is a turn-signal force-field around the state that shuts them off, but get yours fixed, or figure out how to make them work, and then use them.

Official Rules, read the DMV driver pamphlet (large file, 5+ MB - if you survive the download, look for the words “turn signals”)

HOW TO USE TURN SIGNALS:

1) USE YOUR TURN SIGNALS ANY TIME YOU CHANGE LANES, whether or not you see a police officer. They are watching and so am I. It’s very bad "Car-ma" not to use your turn signals, so make it a habit. It’s also really cheap insurance, for heaven’s sake. Just ask the Car Guys at Car Talk.

Smart people, who don’t have time and money to waste on traffic tickets or fender-benders, or worse, use their turn signals.

2) Use your turn signal BEFORE you change lanes, please, not once you’ve switched lanes or you’re in the highway exit - sheesh. (Putting your signal on when AFTERward is like checking you’re all tucked in and zipped up after you leave the restroom, not before.)

3) USE YOUR TURN SIGNALS, and show your kids that you use turn signals, when you/they:

a) Move from one lane of traffic to another, on any street, road, highway, etc. If you’re driving, you’re in a lane.

b) Moving out of your lane to park, or want to pull out of a parallel parking spot.

c) Position your car to move into a parking spot.

d) Leave a roundabout (more about roundabouts)

e) Exit the highway, USE YOUR TURN SIGNAL, BEFORE before you veer off, the DMV Driver Manual says:

Driver Signals:

You must signal before you turn, change lanes,move right or left, or pull away from a curb.
Before making such a move, be sure you can do so safely. Check traffic ahead, behind, and to
the side. If your vehicle is moving in traffic, use your turn signal at least 100 feet before the turn or lane change. When you are parked at a curb and about to re-enter traffic, use a signal long enough to alert oncoming traffic that you are moving into a traffic lane. You also should signal before you slow down or stop. Gently put your foot on the brake. Your stop lights will alert drivers behind you, and signal them that you are slowing down.

Use hand-and-arm signals (shown above) only in daylight when you need them and can clearly see people and vehicles at a distance of 1,000 feet. At night or when visibility is poor, you must use turn signal lights,not hand-and-arm signals. Hand-and-arm signals are not enough any time you are driving a wide or long vehicle.”


Turn Signal Myths:

1) Myth: Real men (and women) don’t use turn signals. Reality: Yes they do, especially if they have IQs over 50 and aren’t narcissists or sociopaths.

2) Myth: Turn signals are just for the cop car behind or in front of me: Reality: Nope. All smart drivers use their turn signals without even thinking. They use them all the time. Turn signals are not just for that cop car; they are for your own safety, the safety of your loved ones, pedestrians, bicyclists, motorcycles, and even if you’re alone. (Corollary: You are never alone on the road. Trust me. There are 6 billion+ people in the world. You Are Never Alone .")

3) Myth: You can’t use a turn signal if you have a burrito in one hand, a cell phone in the other, are driving 75 miles per hour, and your kids are screaming in the back seat. Reality: As your mother would say, or a traffic cop, “we’ll show you some real screaming, when you get in a serious traffic accident, kill and maim your family, land in jail for killing and maiming someone else’s’ family."

4) Myth: You can’t just tell a teen driver to use turn signals. You have to show! Reality: Like parent, like child. Don’t teach your own kids to drive. Get a professional to teach them to drive. Ask local law enforcement to show them what unsafe driving can do. No, you can’t make your kids use their turn signals (or drive safely), but can show them how to drive safely.


Other Traffic Week and Traffic Law OLR blog posts.

<<<>>>

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.

Jan 5, 2010

Traffic Week: Mercy in the Court: Oregon DMV and the “False Identity”

Even if Calvin sometimes bemoans that fact that life is never unfair in his favor, sometimes things do turn out the way they are supposed to, or at least the way we want them to:

Debra Denise Slaight V. DMV, Oregon Court of Appeals (A133609)

(For a summary of the case, see the 12/30/09 OJD Media Release)

“… ARMSTRONG, J.

Petitioner appeals a final order on reconsideration of the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) that imposed a one-year suspension of petitioner's driving privileges pursuant to ORS 809.310(3)(a). DMV imposed the suspension on the ground that petitioner had violated ORS 807.530 by using a false identity to apply for a driver's license. Petitioner contends that DMV erred in concluding that it was required to impose a one-year suspension for the violation….

Petitioner sought judicial review. While review was pending, DMV withdrew its final order and issued a revised final order on reconsideration. In that order, DMV treated petitioner's good cause argument as one that sought only to modify the duration of the suspension, and it relied on ORS 809.415(5) to reject that argument. It reasoned that ORS 809.415(5) provides that a suspension for a violation of ORS 809.310 "shall continue for a period of one year," and, consequently, that it lacked authority to suspend petitioner's license for a period of less than a year.

We conclude that petitioner's argument is not as narrow as DMV understood it to be. She argued to DMV and to us that the facts offered in mitigation provide good cause for DMV to decide not to suspend her license at all even though she had violated ORS 807.530. The order on reconsideration, which pertains only to DMV's authority to impose a suspension of less than one year, does not address that qualitatively different alternative argument. Accordingly, we reverse the order to allow DMV to address it.

Reversed and remanded for reconsideration….”
(read full opinion)

Traffic Week and Traffic Law OLR blog posts.

<<<>>> 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.

Jan 4, 2010

Traffic Week (Oregon): Do I Have to Tell My Parents About My Traffic Accident?

Before getting to the Traffic Law Question of the Day, “If I get a ticket (or get in an accident), do I have to tell my parents/guardian?”, here are some:

Words of Wisdom to Parents of New Drivers: If you can in any way afford it, hire a professional to teach your teenager (or any loved one just learning) to drive.

Note: Do you think you can’t afford driving lessons? Wouldn’t you be willing to give up something, anything, to save your child’s life - or someone else’s child’s life? Yes, you can give up $500 worth of fancy, fattening coffee drinks and other Not Good for You treats for a couple months - and possibly save a life while you’re at it. Regular coffee tastes just fine and in fact it will taste even better knowing what you did with the money you saved.

On to the Traffic Law Question of the Day:

"If I get a ticket or get in an accident, do I have to tell my parents/guardian?”

Answer: It depends (of course!) on age, driving license status, legal status, car ownership, insurance status, parental stability and maturity, etc.

Start with these to look for an answer to your specific question:

1) Oregon DMV has a Teen Driving website and a Teen Driving FAQ.

2) Accident reporting and Your Responsibilities in and Accident and the DMV’s How Do I …? website.

3) See the Parental Consent website, which you can link to from the Teen Driving website.

4) If in doubt, please consult an attorney: Teenagers: The Oregon State Bar has free consultations with and attorney for teens, ages 13 to 17. Contact them, the Problem Solvers, at the Oregon State Bar (OSB) website.

5) Parents, if you need a lawyer, call the Oregon State Bar (OSB) Information and Referral Service.

Traffic Week and Traffic Law OLR blog posts.

<<<<<<< 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.

Traffic Week (Oregon): Creative (and Green) Modes of Transportation

I’ve always found a lot of mainstream transportation types fairly limited on the imagination front. Transportation types speak about bikes, cars, buses, and feet, with a few drive-by motorcycles, scooters, wheelchairs, and golf carts.

How someone riding a horse (or even Thor’s wheel) was able to make the leap, so to speak, to the automobile will always amaze me.

Surely, in the very near future, something new will be rolling, scooting, and perambulating over (above, or below) the Earth - we can dream, can’t we?

Why don’t we hear much about these?

1) Tuk Tuk

2) Personal blimp

3) Twin Turbo Jet Pack (there is also this one, but it looks as if he is just stocked up with coffee for the day - LOL!)

4) The Solar Winged Helios Vehicle

5) For more: Unusual transportation (and update by typing those words into Google Images)

6) How about these from Kevin Kelly’s Street Use:

a) Scooter Contraption

b) Generator Motor Car

c) Wooden Pedal Bicycle (more Wooden Bikes)

d) Motor Unicycle

d) Monster Segway

Traffic Week and Traffic Law OLR blog posts.

Traffic Week: Turn, Turn, Turn: About Round Abouts, Roundabouts, Round-Abouts

Most people (at least those who never had to pass a driver test in the U.K.) don’t know how to navigate Roundabouts, but they can learn. DMV can’t teach everyone, but they and you can at least try to teach yourself and your fellow Oregonians some basic rules. (And count your blessing we don’t, yet, have the Double Roundabout - yikes! See the DVLA for more info on driving in Great Britain.)

HOW TO NAVIGATE A ROUNDABOUT:

1) Official Rules, read the DMV driver pamphlet (large file, 5+ MB - if you survive the download, look for the word “roundabout”)

2) Chapter 811 of the ORS (search for the word roundabout), or

3) Check out the DMV Roundabout website. (There’s a video, but sadly, not online, and I sincerely doubt you will want to read “MODERN ROUNDABOUTS FOR OREGON,” #98-SRS-522, by Thaweesak Taekratok, for Oregon Department of Transportation, Research Unit, 200 Hawthorne SE, Suite B-240, Salem, OR 97310, June 1998.)

General Rules:
1) Stop before entering the roundabout
2) Drivers IN the roundabout, entering from your left, have the right of way
3) Merging drivers wait for a safe opening in traffic
4) Drivers LEAVING the roundabout, MUST USE THEIR TURN SIGNALS, to signal that they are leaving the roundabout
5) See above Official Rules for specifics
6) Oh, yes: breathe, stay calm, breathe, calm, and for heaven's sake - stay alert (e.g. get off the phone)

Traffic Week and Traffic Law OLR blog posts.

<<<>>>

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.

Traffic Week (Oregon): MOVE OVER! (law)

The Oregon State Police website has lots of information on the new “Move Over Law” (2009 ORS 811.147) (effective 1/1/10) including a flyer on the new law and on updates to the new law.

Move over or it’ll cost you.

The Move Over Law (ORS 811.147) states that if you are driving up behind any type of police car or emergency vehicle pulled over on the roadside with emergency lights flashing, you must:

1) MOVE OVER into another lane.
2) If you can’t safely change lanes, SLOW DOWN.
3) In all cases, the driver must try to provide as much room as possible for the emergency
vehicle.” (link to OSP)

They have lots of other flyers with information on new traffic laws, including the cell-phone law and an overview of new traffic laws.

Read other Traffic Week and Traffic Law OLR blog posts.


<<<<< 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.

Jan 1, 2010

Justice Bedsworth Pulled Up Short By Love Handles

Justice Bedsworth’s Criminal Waste of Space column (over at the OC Bar Association) starts off the New Year wondering what it all means ... at least what converter pumps and fat-nappers are all about:

Fatheads: “Beds is tilting at the windmills of fatuity again,” by Justice William W. Bedsworth

“… I’m also starting to feel pressure to develop some wisdom. That’s what old dudes are supposed to do, right? Develop and dispense wisdom.

But my own epiphany has yet to occur. No flaming shrubberies or celestial lights or buried plates yet. I’m not aware of being a whole lot wiser this year than I was last year.(1)

I’m a little less likely to slam a car door on my fingers or propose marriage to a stripper, I suppose. I guess that’s a measurable improvement, but I’d really been hoping for something a little more . . . I don’t know . . . dramatic. Maybe even Cosbyesque. I thought by this time in my life I’d be speaking in aphorisms, and my children would be marveling at my sagacity....”
(link to full Criminal Waste of Space article)

Traffic Week: Oregon Cell Phone (and Texting) Law

It’s only right to start off the New Year with the new Oregon "cell-phone" law, which you have probably heard about (unless you've been on the phone too much - remember Groucho Marx and his cigar - so get off that phone once in a while and pay attention to the world!).

Starting January 1, 2010, you may be ticketed for texting or not using a hands-free cell phone device. (You may be ticketed for other things too, but we’re focusing for the moment on the new cell phone law.):

There are lots of places to go for information about the new law, but I like to start at the beginning, people who wrote the law and the people who will enforce it:

1) NEW CELL PHONE LAW IN OREGON! (Source: Oregon State Police website)

2) Text of the Oregon law, effective January 2010: HB 2377 (html or PDF), Chapter 834, (2009 Oregon Laws): Effective date January 1, 2010: Relating to use of mobile communication device while driving; amending ORS 811.507

3) We know a lot about this new law, but there is also so much we don’t know, which will play itself out in traffic (and trial and appellate) courts, and possibly the Legislature, over the next few years.

4) Some non-government websites (with ads) on Oregon traffic laws: Hands Free Oregon and Oregon Driving Laws and the Unofficial DMV Guide.

5) See also: ODOT Homepage, ODOT Traffic Enforcement website, DMV Newsroom, and DMV 2009 Legislative Summary.

6) Don’t leave the state without checking on Other States Cell Phone Laws, from the Governors State Highway Association, which has lots of other information.

7) See my August 2009 Oregon Traffic Legislation Round-up (to date) for other traffic related laws.

Drive Safely!

>>>>> 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.

Traffic Week at the Oregon Legal Research Blog

I start off the New Year (January 2010) on the right foot (or the 3rd wheel) with Traffic Week at the Oregon Legal Research blog.

Stay tuned for posts on texting, roundabouts, turn signals, cows, pedestrians, bicyclists, traffic tickets, joggers with death wishes, auto insurance, and more.

For a preview, check out the New Oregon Traffic Laws webpages: ODOT and OSP (click on OSP Spotlight and Latest News).

Drive Safely!

>>>>> 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.