Voter Registration in Oregon: 20 Day Countdown to Deadline, but Why?

This September 28, 2010, editorial in the Oregonian is worth reading:

Cutting off voters for no good reason: Oregon county clerks defend a 20-day voter registration deadline even though the early cutoff disenfranchises some first-time voters:

Excerpt: “Over the years, the county clerks that run Oregon elections have embraced vote-by-mail, online registration and other innovations that have helped build one of the nation's most respected state elections systems.

That's why it's so dismaying that the clerks continue to defend Oregon's outdated and unnecessary 20-day cutoff for new voter registrations.

The clerks know that shutting down new registrations just as many people are getting interested in an election serves to disenfranchise voters, especially young first-time voters. They know that nine other states allow new registrations up to and including Election Day. They know that more than a half million eligible Oregon voters will fail to register and participate in the Nov. 2 election.

And yet, two leaders of the Oregon Association of County Clerks sat before a legislative panel last week and again repeated the clerks' opposition to moving Oregon's registration cutoff closer to Election Day. They offered only one defense of the 20-day cutoff: Voters put it in the constitution….” (Link to full editorial.)


Have you registered to vote? You have until October 12, 2010.

Tracking Children’s Online Use: Predatory Computer-Tracking Practices?

As if parents didn’t have enough to worry about:

A beSpacific post: WSJ Investigates Extensive Web Tracking of Children Online:

September 17, 2010, Children Face Intensive Tracking, by Steve Stecklow:

Excerpt: “A Wall Street Journal investigation into online privacy has found that popular children's websites install more tracking technologies on personal computers than do the top websites aimed at adults….” (Link to full beSpacific post or the WSJ story).

For Librarians: Digital Reference: What is Your Reference Librarian “Coffee-Name?”

Librarians and Libraries may look peaceful, but underneath all that quiet and deceptive-calm is a seething mass of email, chat, IM, and other reference Question-Answer activity that keeps us mighty busy.

But the big question, at least for some of us who participate in a lot of Digital Reference service (also called e-Reference), is how to identify oneself, that is, how to answer that dreaded question from utter strangers:

WHAT IS YOUR NAME?

For some reference questions, and library patrons, it makes sense to use one’s real name and library employer. Some patrons need to get answers in-person, over the phone, and you can’t do that if you don’t tell them who and where you are.

But in other cases, a Librarian-Name, a Librarian-Avatar, a Coffee-Name, if you will, is in order. (Librarians can take a lot of abuse, in person and online.)

So, start thinking about your online digital reference "coffee-name." It's a harder task than you might think it would be, not unlike naming a baby :-)

Social Security Death Index

It's hard to believe, but there are still working people out there who need but don't know about the Social Security Death Index.

So I'm doing my bit to spread the word one reader at a time.

Oregon History Nights: Beavers v. Ducks Sports Rivalries and Monroe Sweetland

I bet you don’t see those two subjects in the same sentence very often!

The Oregon Encyclopedia (The OE), an online resource of Oregon history and culture, is partnering with McMenamins on a series of History Nights.

1) Tuesday, October 19, 2010 at 7:00 pm, Kerry Eggers presents "It's War! Beavers vs. Ducks: The History of the Longest-and Greatest-Sports Rivalry in Oregon."

2) Tuesday, October 26, 2010 at 6:30 p.m., Dr. William Robbins presents "Finding Monroe Sweetland: 'One of the Original Western Democrats.'"

These events are free and open to the public. For more information please visit the oregonencyclopedia.org

If you have any questions please contact:

Tania Hyatt-Evenson
The Oregon Encyclopedia
Community Relations and Outreach Coordinator
503.725.3990
pdx05508@pdx.edu

Redemption in Oregon and Beyond

One could fill a library with stories about redemption (in fact, most libraries ARE filled with stories about redemption, fictional and real), but the following came to mind recently when I spoke with a couple of young law library patrons about past transgressions and future promise:

1) Oregon case In re Beers, 339 Or 215, about a law student with a past.

2) Parade magazine, June 27, 2010, article about Richard Dyer: Judging the Value of Redemption, by Linda Himelstein.

3) See also Pardons (in previous OLR blog posts)

There is more if you want to research the subject further.

Researching Oregon Case Law

I have written before about how you cannot prepare for a serious court proceeding using just the resources you find on the “free” web. (And, aren’t all court proceedings serious?)

That is, if you have an adversary who knows how to research law and legal procedure, if you will appear before a judge in a court of record (as opposed to, e.g. a small claims court or traffic court where you are not expected to know “the law”), if you want a fair shot a winning your case, then:

You need to do the research – and that means researching case law and statutes, And, that is just the BEGINNING:

(And, even in small claims and traffic court it helps to do your research.)

As I’ve also said before, ad nauseam, “if you read only what is written in the statutes, the cases, and the constitutions you will be absolutely wrong about what the law is.”

Now, about that Oregon case law research:

1) Oregon Cases: Last, or first, or wherever, you’ll need to look at Oregon case law on the subject of petition signatures. You can use the print Thomson-Reuters Oregon Digest (see also bibliographic info at the Open Library), which you’ll find in any Oregon law library, or you can use an online legal research database, e.g. Casemaker, Fastcase, Lexis, LoisLaw, Westlaw, etc.

2) You can also use the free or low-cost legal research database links in this blog’s sidebar (and more about free legal databases), but a lot of the free sites have case databases that contain only the most recent 10 years of case law. A lot of legal research relies on cases older than that, so you either need to know what you are doing or ….

3) You will need that database or that Oregon Digest. You cannot do thorough case law research “on the web” using a general search engine. You will need a database that is full-text, indexed, and preferably comprehensive with Oregon case law back to at least the 1920’s, if not earlier. The Oregon Digest indexes Oregon cases back to 1843.

How to Find Oregon Appellate Court Briefs

It’s time to update this information:

State of Oregon Law Library has a link to their briefs collection or you can use this research guide:

How to Find Oregon Appellate Court Briefs

Thomson Reuters’ TrustLaw Website

From Robert Ambrogi's Law Sites 9/23/10 post: Thomson Unveils Global Hub for Free Legal Help:

Excerpt: "At an event today in New York City, Thomson Reuters will formally announce the launch of TrustLaw, a Web-based service that is intended to promote “the culture and practice of pro bono” around the world...." (Link to full blog post)

The TrustLaw site says: “TrustLaw is a global centre for free legal assistance and anti-corruption news, run by Thomson Reuters Foundation, the charitable arm of the world's leading provider of news and information, Thomson Reuters.

In common with all of the Foundation's programmes, TrustLaw aims to empower people in need by providing trusted information and leveraging professional expertise. We offer services to improve access to the rule of law and foster greater transparency….” (Link to TrustLaw “learn about” site)

The Oregon State Bar coordinates a pro bono program for Oregon attorneys and Oregonians. Potential clients can contact an Oregon Legal Aid office or the Oregon State Bar Referral and Information service for information.

Researching Canine Detection Evidence: What the Dog Saw (Smelled)

LLRX article: Canine Detection Evidence, by Ken Strutin, Published on September 25, 2010

(Ken Strutin previously wrote in LLRX about Solitary Confinement.)

Excerpt: “For nearly 15,000 years dogs have lived with and served humankind as companions, hunters, shepherds and most recently detectives. The average canine possesses hundreds of millions of receptors for odors, compared with a few million for humans. 3 Their outstanding sensory endowment, olfaction, makes dogs sought after by law enforcement. And in the last century, the cultivation and harnessing of this ultrasensitive faculty has become a part of many facets of criminal investigation.

Detection or sniffer dogs are used to ferret out illicit and dangerous substances, such as accelerants, explosives, illegal drugs, environmental hazards and other contraband. 6 While these service dogs' abilities are highly touted, the use of an animal's olfactory sense in ascertaining the cause of a fire or locating drugs raises Fourth Amendment, evidentiary and due process issues.

This article surveys select studies, standards and resources about canine scent detection evidence….” (Link to full article or link to LLRX homepage.)

Oregon Librarians: Eat their Own Dog Food and Adopt the Open-Source Kittens

Present and Future Librarians: The most recent OLA Quarterly has some excellent articles well-worth reading including, but not limited to these:

OLA (Oregon Library Association) Quarterly, Fall 2010, Vol. 16, no. 3

1) ‘What "Open to the Public" Really Means,” by Jane Salisbury and Carolee Hirsch

2) "A Wiki Way of Communication," by Carol McGeehon

3) "Free as in Internet: Using Linux and Open Source Software on Public Workstations," by Matthew “Buzzy” Nielsen and Sean Park

4) "Tipping the Scales: How Free Culture Helps Restore Balance in the Age of Copyright Maximalism," by Rachel Bridgewater

5) "Open Sesame: The Open Science and Open Data Movements and Their Implications for Librarians," by Hope Leman

6) “The Promise of Open Government, for the Nation and for Oregon," by Patrice McDermott and Roberta Richards

OLA Quarterly Archives

Oregon Council on Court Procedures (OCCP): Legislative and Administrative History of Oregon Rules of Civil Procedure (ORCP)

I’ve blogged before about the very useful Oregon Council on Court Procedures website. For those who remember plowing through the print versions of these documents … this website is a miracle!

And if you want to know some history about the OCCP, this website a good place to begin. (As for why the ORCP is buried in the ORS, between Chapters 11 and 12, you’ll need to wait for another OLR blog post. I asked Legislative Counsel this question not long ago but have yet to write up the answer.)

Legislative vs. Administrative Histories:

1) It is not unusual for a legal researcher to ask for a “legislative” history of a statute, when in fact there was no legislature involved in the statute’s, or rule’s, enactment or promulgation.

For example, regulations (aka administrative rules), e.g. CFR or OAR, are not legislative enactments; they are administrative promulgations and the procedures followed for giving them life is an Administrative Procedures Act (or the Oregon APA (ORS 183.xxx). (See also Model APA, from the NCCUSL (under the name “Model State Administrative Procedure Act”).)

2) But there are hybrid rules, where the “rule” is proposed by an administrative process, but it must be given approval by the legislature. (Do not confuse this with the legislative authority required, aka delegated authority, for creating the regulation or rule.)

3) The Oregon Rules of Civil Procedure (ORCP) are examples of this hybrid process. When a researcher asks for the “legislative” history of an administrative rule, the answer is usually “do you really mean legislative or do you want the administrative history?” Sometimes, one really does want the “legislative” history of a rule, not just its administrative history.

4) So, what Legislative procedure does take place when approval of a proposed Rule of Civil Procedure (ORCP) is requested. That is, when OCCP submits proposed Rules to the Legislature for approval (pursuant to 1.735 and 1.740), does the Legislature schedule hearings? And, if the Legislature schedules hearings, where are those recorded, if at all? Or do they vote yes or no, without any discussion? Or does something else occur?

5) For example, back in 1979, when the ORCP were first submitted to the Legislature, what happened? We have commentary on the rules, but there is no sign of any "legislative history," assuming Legislators even discussed the proposed Rules rather than just voting up or down. Legislative history research usually requires looking at a bill file, but with the Rules, there isn't a bill, is there?

When I posed this question to the OCCP, Mark Peterson and Shari Nilsson quickly responded:

“The Council submits the promulgated rules or amendments to the leadership of the legislature (senate president, speaker, and chair and ranking minority member of the house and senate judiciary committees) at the beginning of the session. The legislature can schedule hearings on any promulgation or not. Unless the legislature affirmatively votes to amend any promulgation, or to reject it, the Council's promulgations become effective the following January 1. Of all of the statutes in the 16 volumes of ORS, the ORCP are the only "laws" that become effective without an affirmative vote of both the house and senate and the signature of the governor (or an override of his or her veto).”

Now we all feel smarter! Thank you Mark and Shari!

“Which Framer of the Constitution Do You Most Resemble?”

Gallagher Law blog has a great post on last Friday’s Constitution Day and it links to this wonderful quiz:

“You know those silly Facebook quizzes where you answer a series of questions to learn what breed of dog or which Gilligan's Island character you most resemble? The National Constitution Center offers a quiz to find out which Framer of the Constitution you most resemble. No kidding!” (Link to the full Gallagher Law blog post.)

Gallagher Law blog also reminds everyone that other countries have constitutions, too. Who knew?!

"Where to Find Lost Loot" (Money, Savings Bonds, Insurance Policies, Refunds)

The October 2010 Consumer Reports magazine had a useful article on “Where to Find Lost Loot” (and we thank them for posting it free, online).

More on consumer protection from the Federal Trade Commission and the soon to be activated (we hope) Consumer Financial Protection Bureau.

Oregon Bankruptcy Law Blogs

Bankruptcy law is federal law so you want to look not only at Oregon attorney, law firm, and legal blogs, but also at federal bankruptcy online resources. (There are print bankruptcy legal resources but this blog post focuses on the online “current awareness” blogs only, or primarily.)

Federal Court: U.S. Bankruptcy Court, District of Oregon

I list below a few Oregon bankruptcy attorney blogs, selected from the many excellent Oregon attorney websites, many of which have a lot of information but are not strictly speaking “blogs.” (And, please see the Disclaimer, below.)

The blogs I list below are active current-awareness blogs written as much, if not more, for the layperson as for their lawyer colleagues.

Please let me know of others, keeping in mind that to be added to the list the law firm’s blog postings must be current, newsworthy and/or educational, and the blog should be relatively active, that is, the blogging attorney posts to the bankruptcy blog at least a couple of times a month.

1) Lawyer Ben (Oregon attorney Ben Knaupp) blogs about foreclosure, bankruptcy, and related consumer debt issues.

2) Oregon Bankruptcy Blog (Oregon attorney Tom McAvity): blogs about all things bankruptcy, including educational posts and links to articles.

3) Portland Bankruptcy Law Group (Oregon attorneys Christopher Kane and Adam Weiner): blog about foreclosures and bankruptcy law.

How to Search for More Oregon Bankruptcy Law Blogs/Blog Posts

1) Use your favorite search engine’s blog search function

2) Blawsearch at Justia has a simple and effective search engine for blog keyword searching. For example, from the Blawgsearch page:

a) Enter these words, Oregon bankruptcy
b) From your results screen, click on “Sort by Date” (on the top, right side of the page)

Further Afield:

1) Bankruptcy Law Network

2) Nolo Press Bankruptcy and Foreclosure blog (other Nolo Press blogs)

3) Law Professors Blog Network, Bankruptcy Prof Blog


OREGON LEGAL RESEARCH BLOG: DISCLAIMERS and REGRETS

We cannot respond to most legal research questions.

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.

Safe Disposal of Unused Medication: National Take-Back Initiative

U.S. Drug Enforcement Administration (DEA): National Take-Back Initiative

COLLECTION SITES: DEA collection site database (or link from NTBI website)

News stories:

1) Oregonian story: "Federal authorities planning 'take-back' day for prescription drugs," by Maxine Bernstein, Monday, September 20, 2010.

2) beSpacific has a post that links to additional information on the September 25th, 2010, medication disposal event: FDA: Safe Disposal of Unused Medication

Oregon Legal Ethics: Lawyers Who “Stiff” Other Lawyers

There were several interesting articles in the August / September 2010 Oregon State Bar (OSB) Bulletin (or link from OSB archives), including one on “missing and misunderstood” evidence, another on unbundled legal practice (aka limited scope legal assistance), and this one on lawyers who don’t pay other lawyers for costs incurred on their clients’ behalf (behalves?).

Lawyers will want to read the article and non-lawyers may find the analysis of the legal ethics and associated legal issues generated by the question not a little bit instructive (or educational, if you prefer):

The article, Bar Counsel: Dealing with Debts: There Oughtta Be a Rule! (But There Isn't), by Sylvia Stevens (OSB Executive Director):

Excerpt: “Recently, I heard from an arbitrator (a respected trial lawyer of many years’ experience) who was distressed at being “stiffed” when the lawyer for one of the parties in an arbitration refused to pay the arbitrator’s fee on the ground that he was unable to collect it from his client. My caller was certain he had seen authority in years past obligating lawyers to pay the litigation expenses of other professionals that were incurred on behalf of their clients. I replied that I was not aware of any such authority in Oregon. Moreover, I had always believed that the issue was governed by agency law and was not a matter of professional regulation...." (Link to full article.)

Oregon State Bar Bulletin archives.

("To stiff," perchance to cheat.)

Access to Congressionally Mandated Reports

The Legal Research Plus blog has a status report on 111th Congress H.R. 6026:

“Access to Congressionally Mandated Reports Act,” Legal Research Plus, September 20, 2010, by George Wilson

More information about Congressionally Mandated Reports can be found at:

a) Law Librarians Society of Washington D.C. (LLSDC) website

b) Open the Government dot org

c) Thomas dot gov

Oregon Classroom Law Project, and Baseball “Law”

Constitution Day 2010 has passed with nary a whimper, but thoughts of the inimitable Classroom Law Project stay front and center.

Did you know you can volunteer with the Classroom Law Project? They are super-friendly, fun, and oh so smart. And they are willing to pass all that goodness on to you, free of charge. You just need to volunteer. (I'm volunteering so I can learn how to bring all that goodness out to my law library's county.)

Learn and teach about civics, courts, and law making. You don’t need to be a lawyer to volunteer – really!

You just have to enjoy teaching young people, whether it be something as simple as giving a courthouse tour or as mind-ful as working with their other programs, such as We the People or Mock Trial.

And I can’t think about Constitution Day without talking about baseball (go figure that one out!):

I told my favorite Baseball – U.S. Constitution story in a previous blog post:

“To me, baseball is the perfect game. It’s the only game in which the defense holds the ball. It’s the fairest of all sports: One team cannot use the clock to prevent the other team from catching up, and even when you are winning, you have to give your opponent a chance to even the score. With its lineup and batting order, baseball is more democratic than other sports: Each player gets a turn, and a team can’t keep feeding the ball to its best players....” (Read the full quote and blog post.)

Oregon Food Handlers Manual, Not Just for Food Servers

The Oregon Food Handlers Manual is not just for food-handlers. It’s for people who eat or buy food. Could this mean you?

1) If you eat in restaurants or at grocery stores, farmers' markets, food carts, hospitals, country fairs, lemonade stands, fund-raising events, or just about anywhere else you buy food, you might be interested in how Oregonians are protected from food-borne illnesses.

2) Even if you don’t sell or serve food, if you EAT food, you might find the Food Handlers Manual interesting, along with the Oregon Food Safety website. (And for extra credit, you can read about Alcohol Server Education.)

3) More about Oregon food law and food recalls, nationwide.

Now, if only public hand washing stations were as ubiquitous as Benson Bubblers! (See also this Benson Bubbler FAQ.) If a nasty flu returns, remember I told you so.

Oregon Voter Registration Deadline, October 12, 2010

It’s not too late to register to vote!
It’s not too late to register to vote!
It’s not too late to register to vote!

Assuming, of course, that you are reading this BEFORE October 12, 2010.

Visit the Oregon Secretary of State Election Division or your county election office for information on registering online or in person.

More about the November election.

Oregon Supreme Court: What is a “Roof” for Insurance Purposes?

Dewsnup v. Farmers Insurance Company of Oregon, (SC 057895), decided September 16, 2010:

Supreme Court Media Release:

“…Today, the Oregon Supreme Court ruled that, based on plaintiffs' expert's affidavit, the question whether a roof, after a homeowner has begun to disassemble and repair it, remained a "roof" for the purposes of a homeowners' insurance policy, was a question of fact that must be decided by a jury rather than being determined by a judge on summary judgment….” (Read full 9/16/10, Media Release or full opinion.)

From full opinion:

“The primary question in this case is what is a "roof" within the meaning of plaintiffs' homeowners' insurance policy. Plaintiffs Beth and Tim Dewsnup sustained losses due to water damage while their roof was undergoing repair. Although their insurance policy generally excludes coverage for water damage, they contended that an exception to that exclusion applies. The trial court ruled otherwise on defendant's motion for summary judgment, and the Court of Appeals affirmed. Dewsnup v. Farmers Ins. Co., 229 Or App 314, 324, 211 P3d 354 (2009). The Court of Appeals reasoned that the exception to the water damage exclusion did not apply because, at the time of the loss, plaintiffs' roof was not a "roof" within the meaning of the policy. Id. In particular, the court held that a "roof," by its ordinary definition, is permanent, and because plaintiffs' roof was undergoing repair at the time of the loss, no permanent roof was in place to which the exception could apply. Id. We allowed plaintiffs' petition for review and now reverse the Court of Appeals decision and the trial court's judgment….” (Link to full opinion.)

How Do I Ban an Oregon Public Library Book? Let Me Count the Ways.

The upcoming Banned Book Week, September 25 – October 2, 2010, gives us an excuse to wax poetically, briefly, with dignity, and without matches, on how to object, also with dignity and without matches, to a book in your public library. It’s quite easy:

Call, or
Visit, or
Connect to your library’s website.
Express your displeasure, with principled reasons,
And, simply, ask that your complaint about a book be heard (and responded to)
By the Library Director, Library Board and Library Managers.

For example, the Multnomah County Library offers many opportunities for you to communicate with the library’s Director and managers. Or, you can find your library at one of these Oregon library directories.

For more information on banned books:

1) Visit the American Library Association (ALA) Banned Books website.

2) The Oregon State Library has an information website about their Oregon Intellectual Freedom Clearinghouse.

3) ACLU Oregon Banned Books Week website

4) Multnomah County Banned Books information website

(You’re on your own if you want to “ban” or otherwise “express your displeasure” with a book you own. If you don’t own the book and it’s not in your library, and you still want to “ban” it or otherwise “express your displeasure” with it, you are also on your own.)


OREGON LEGAL RESEARCH BLOG: DISCLAIMERS and REGRETS

We cannot respond to most legal research questions.

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.

New Oregon State Bar Book: "Rights of Foreign Nationals"

The OSB has had a winning line-up of new books released this year, and the latest one "Rights of Foreign Nationals"is as welcome to lawyers and law librarians as the previous titles were, which include:

1) Interpreting Oregon Law

2) Oregon Trial Objections

(If those direct links don’t work, the file-paths may have changed, so try the OSB Publications link, their online bookstore, or their home page.)

Fact Checker Directory (of Factcheckers)

The excellent (and fun!) Mighell Marker, a Legal Technology Weekly, Volume 11, Issue 26 September 12, 2010, alerts us to this:

Marcus Zillman's Factchecker Directory (homepage):

“The Directory of Fact Checkers is a Subject Tracer Information Blog designed to be a comprehensive listing of the available fact checkers and sources on the Internet and is being compiled and edited by Internet expert and guru Marcus P. Zillman, M.S., A.M.H.A. and Executive Directory of the Virtual Private Library” (link to Directory)

Superheroes in Court - Courtrooms in Comics (at Yale Law School)

After highlighting Yale Law School Dogs in a previous blog post, I would be remiss if I omit a blog post on their rare book exhibit on Courtrooms in Comic Books.

(From the exhibit, "Superheroes in Court! Lawyers, Law and Comic Books", curated by Mark S. Zaid, Esq., and on display Sept. 4-Dec, 16, 2010 in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.)

Drug Decriminalization & Mental Health Policies: The Portugal Experiment

Reading the recent Willamette Week story, “Saving Ryan: Why it was left to two Portland judges to bring this junkie back from the brink,” September 15, 2010, by James Pitkin, reminded me of two things (more than two, actually, but only two that can be written about in the space of a blog post):

One: A book: “Beautiful Boy: A Father’s Journey Through his Son’s Addiction,” by David Sheff

Two: If you haven’t read about Portugal’s approach to drug addiction, crime, and health care, here are a few articles I’ve referred people to, though there are others if you want to do a full literature search. But these offer a good introduction to tease and tempt you into reading more:

a) I first heard about the Portugal drug program, and the legislative struggle to enact the new laws, on Rick Steve’s radio program in May 2010 (riveting!)

b) Wikipedia story (précis) on the Portugal program.

c) Guardian (U.K.): “What Britain could learn from Portugal's drugs policy: A decade ago Portugal took a radical new approach to illegal drugs by treating users as people," Sept. 5, 2010, by Peter Beaumont, The Observer

d) Scientific American: "5 Years After: Portugal's Drug Decriminalization Policy Shows Positive Results Street drug-related deaths from overdoses drop and the rate of HIV cases crashes," by Brian Vastag, Scientific American, April 7, 2009

A New Kind of Dog Law?: Check out a Dog at your Local (Law) Library (New Haven, CT)

In case you missed this post at Above the Law about: “Yale Law School Going to the Dogs”

3 Geeks and a Law blog have something to say about it, too: “But, what about those of us (especially librarians) that are cat people? Bird people? Fish people? Turtle or reptilian people?? Where's the love and diversity for those of us that don't like dogs??”

(To each his/her own stress-buster, including blogging, which can be a great way to get it out of your system. Woof.)

Don't forget, you can also check out a librarian at some libraries :-)

Oregon Voters’ Pamphlet Collection Project

The Oregon Documents Depository Program is building a terrific new collection in their digital library:

“Visit the State Library's Voters' Pamphlet Project page to browse or search digitized versions of Oregon voters' pamphlets.

The Government Research Services division of the Oregon State Library, as a part of its mission to make government information available to the citizens of Oregon, has digitized a historic run of Oregon Voters' Pamphlets. Initially the project covers pamphlets issued for Marion County. Additional counties may be included at a further date as resources allow. Digital and paper copies of the Voters' Pamphlets are a permanent part of the Oregon State Library's Oregon Documents Collection.”

Dog Poop and Researching Local Law

Who said legal research wasn't fun? Not I.

Read a Gallagher Blog post about researching local laws, Enact Locally, citing 102 Law Library Journal 497, especially the article’s section on Dog Poop.

Dog Law, and its companion, Neighbor Law, are good tests of your own peacemaking and diplomatic skills.

Are You Being Sued? How to find out if a Lawsuit has been Filed (in Oregon and beyond)

Suppose you want to find out what lawsuits a business or an individual has filed in Oregon against another business, a customer, or an individual. How and where do you look that up?

1) Here in the U.S., if you are searching state court records (rather than federal court records), you will generally look to a courthouse docket, database, or other lists of "lawsuits filed." These lists will sometimes be kept in statewide databases, but not always. For example, when the court is local, not statewide, it is possible that the only listing of parties sued, or being sued, will be held by the Court - and they may still be in print only.

2) NOT ALL COURT RECORDS ARE ONLINE. In fact, not all ANYTHING is online. (Sigh - except maybe those documents "born digital.") And even if the court records are stored in a digital database, this does not mean access to it is free or available to everyone.

3) When you visit a courthouse to look for court records and documents, you will usually be directed to a Clerk’s office, a Calendaring office, or sometimes a File Room. This will depend on local practice so just ask someone when you enter the Courthouse.

4) The usual place to check first and always is on OJIN, a database of Oregon state courts. You can search that database for no charge at the County Courthouse. Most Circuit Courthouses have their public OJIN terminals set for searching their specific county dockets, but they also usually have instruction for how to search statewide.

5) In addition to Oregon Circuit Courts, there are also county Justice Courts and Municipal Courts.

a) Oregon Bluebook entries on Justice Courts and Municipal Courts
b) See also, Oregon Justices of the Peace Association (OJPA) website

These local courts can hear a variety of cases, but they are not generally courts of record, are governed by local and state law and procedures, have limited rights of appeal, and may or may not be subject to oversight by the Oregon Commission on Judicial Fitness and Discipline.

For example, Washington County has a Justice Court and many of its cities have municipal courts. (I honestly don’t know if an unincorporated city can have a municipal court – now there’s a question to ask a law librarian!)

You can contact these courts directly to find out about their dockets (i.e. the index of cases filed, by case number or party name, including a list of the documents files in each case).

6) Some Oregon County Law Libraries have the OJIN database in-house, but many do not, for a number of reasons such as cost, lack of staff or expertise needed to assist searchers, but also because an OJIN search is often followed by a desire to see a case file and you need to be in the Courthouse to get case files.

PACER: Researching Federal Court Case Dockets and Documents

1) PACER is a U.S. Administrative Office of the Courts database.

2) PACER is an online federal court case docket system.

3) Anyone may subscribe to PACER (registration is required).

4) The PACER website provides detailed cost and billing information.

(The State of Oregon counterpart (not to be confused with the U.S. District of Oregon, which is a federal court) is called OJIN, which is available at County Courthouses.)

Do you need PACER to locate the information you are seeking?

1) Many federal court decisions are available free on the Internet, without PACER. Pleadings and briefs may also be available free, without having to log on to PACER.

2) PACER is not a database like Lexis or Westlaw where one searches for information about legal topics and concepts. PACER is an electronic docketing system.

3) If you need access to your federal case’s docket, please use the services at the federal courthouse where court clerks can answer your questions.

4) FREE access to PACER is available at federal courthouses.

There are unofficial online services that purport to be the equivalent to PACER, but they, especially the free ones, may not contain all documents that have been filed in a federal court case. If you use a database other than PACER, please read the disclaimers carefully.


OREGON LEGAL RESEARCH BLOG: DISCLAIMERS and REGRETS

We cannot respond to most legal research questions.

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.

The Independent Legal Publisher: Alive and Thriving

The Law Librarian Blog (LLB) has an interview with the Quid Pro Books publisher:

Law Prof as Independent Law Book Publisher: An Interview with Alan Childress, Founder of Quid Pro Books:

Excerpt "... Wait a minute, a law prof as independent law book publisher?! When I saw that Alan’s corrected and annotated version of Holmes' The Common Law was available in eight digital formats and in paperback and read the Publisher Information page about Quid Pro, LLC, sidebar, right, my interest peaked. This isn't some law prof who has gone the self-publication route because no major publisher would accept his 2010 edition of Holmes' The Common Law. Quid Pro Books is a new venture that publishes eBooks of original manuscripts in law and law-and-society, in addition to classics, for worldwide distribution...." (Link to full LLB blog post and to Quid Pro Books.):

Other Sources of Information on law book publishers:

1) AALL CRIV List (not up to date, but still very useful)
2) Legal Researchers Desk Reference (from Infosourcing Publishing)

How to Publish Your Book on Kindle and iPad

There are so many websites for writers and for self-publishing that it’s hard to know what to link to first, but I did really like this post for so many reasons:

BubbleCow (in the UK – so remember to translate to America-speak) on How to Publish Your Book On Kindle And iPad

Other resources for writers, Willamette Valley and beyond.

Free Online Law School Class on Health Reform Law

Robert Ambrogi’s LawSites alerts us to this wonderful opportunity:

Law School Offers Free Online Course in Health Reform Law:

"Innovation, Business & Law Colloquium: Health Care Reform Act
91:642
Prof. David Orentlicher
University of Iowa College of Law

In this course, we will discuss the Patient Protection and Affordable Care Act of 2010 and consider its implications for individuals, employers, insurance companies, physicians, nurses, and other health care professionals. We also will consider the Act’s implications for Medicare and Medicaid, long term care, and other health care programs. In addition to studying what the Act will do, we also will discuss where future legislation might be needed to fully reform the United States health care system….” (Link to homepage.)

For other health law and health care links, visit Health dot Gov, Healthcare dot Gov and the OLR blog post on the 2010 health care law.

Your local library websites, e.g. Multnomah County, might have some additional healthcare links.

Where Can I Find Oregon Child Support Services?

Public and county law libraries get a lot of questions from people seeking child support services. Questions range from how to track down missing parents, collect overdue support payments, how to determine paternity, etc.

There are a number of resources available to parents. Patience and persistence are key to finding the specific services you need. Here are some places to start your research:

(Note: Web links change often. If the links below do not work, use a search engine and type in the service you need, for example use the words: Oregon child support or Oregon family law facilitator. It is important that you include the name of your state. You can also include the name of your county.)

1) This is often the best place to begin your search: your county’s District Attorneys Office. Check the Oregon Department of Justice directory of services, e.g. Child Support, among others for information, links, and contacts.

* For example, the Washington County (Oregon) has a website that describes the child support services offered through their District Attorney’s office, including information on paternity and enforcement of support orders.

** It includes additional links to State of Oregon Department of Justice, Division of Child Support paternity and other links.

2) You can also contact your County Circuit Court Family Law Facilitator’s Office. They may not offer the specific services you need, but they have the expertise and knowledge to make referrals to relevant community government and nonprofit resources.

* For example, OJD and Washington County (Oregon) Circuit Court Family Law resources.

3) You can also contact Legal Aid Services of Oregon (LASO). If you don’t have a legal aid office in your community, call any of their offices and ask for a referral to someone in your community.

4) Your Oregon county law library may also have referrals.

5) Many public libraries, in all different sized communities, have directories of community social services. If you don’t have a public library, but do have online access, you can also use L-net, the Oregon Libraries Network, where you can Chat online or email a question. It is staffed by librarians around the state who volunteer their time to help you find answers to your questions. (They can’t answer your legal questions, but they can make referrals.)

6) Call the Oregon 211 Info service for additional referrals.

7) Last, but not least, don’t forget that your state senator or representative is there for you. If you don’t know your legislator, call your local library for direction or use the Oregon Legislature's Find Your Legislator link at their website.


DISCLAIMERS and REGRETS

Regrets: We cannot respond to most legal research questions.

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

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

Oregon Statutes of Limitations and ORS 12.220, a “Saving Statute”

Statutes of limitations (aka limitations of actions) drive people crazy. Pro se litigants think it should be easy to find out how long they have to decide whether or not to sue someone, but the reality is … statutes of limitations drive people crazy, especially those with linear, literal personalities or those who think the law ought to be what it says it is. Ha ha ha.

(Remember, the Golden Rule of Lawyering: If you read only what is written in the statutes, the cases, and the constitutions you will be absolutely wrong about what the law is.”)

An example, and bear in mind that ORS 12.220 has been around since 1961 (amended in 2003):

Oregon Court of Appeals decided Belinskey V. Clooten, A140228, on 9/1/10:

Excerpt: “This case requires us to construe ORS 12.220, commonly referred to as a "saving statute," which provides that, if an action is first filed within the statute of limitations and then "involuntarily dismissed without prejudice on any ground not adjudicating the merits of the action," a new action may be filed within 180 days "after the judgment dismissing the original action is entered in the register of the court," notwithstanding that the statute of limitations has run during the interim....
…
The question presented is what "the judgment dismissing the original action" means in ORS 12.220(2). Defendant contends that, as the trial court ruled, the term refers to the first judgment--the trial court's original judgment dismissing the action before appeal. Plaintiff contends that the term also includes the judgment entered in the trial court register after the appellate mandate issues. We agree with defendant and therefore affirm....” (Link to full opinion from the OJD website.)


DISCLAIMERS and regrets:

1) We generally cannot respond to specific legal research questions, though there are exceptions.

2) 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.

3) 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 Election, November 2010: Washington County Levy Information

Elections: An informed citizenry, democracy at its best:

There are two local option levies on the ballot in Washington County, Oregon:

The county has an information website and has scheduled many Service Fairs around the county where you can get answers to your questions and talk to county employees and officials about the levies.

Oregon Foreclosures and Reverse Mortgages: Stay Informed and Forewarned

As a blogger with a busy “day-job,” I really appreciate it when others do the research for me.

Oregon attorney blogs and consumer and financial law websites offer a wealth of useful information, e.g.

1) Foreclosures: Attorney Ben Knaupp has been blogging a lot about foreclosure law, including an 8-part series on: Dealing with Foreclosure in Oregon, that he ran in October and September 2009.

2) See also related foreclosure blogging by HOA/condo law attorneys.

3) Reverse mortgages worth a look for some seniors, August 28 & August 29, 2010, by Brent Hunsberger, The Oregonian

4) The Oregonian “It’s Only Money” column provides personal finance and consumer information. It’s hard to separate the two, as we see from the new federal Consumer Financial Protection Bureau enacted into law in July 2010.

5) The Oregon State Bar (OSB) and the Legal Aid Services of Oregon websites have additional consumer law information.

When you research financial information online, make sure you are getting reliable information, but keep in mind, that the only way you can find out for sure if the law you read applies to your exact situation is to consult a qualified lawyer or tax specialist.

Caveat Emptor = “buyer beware”


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.

Justice Bedsworth Snaps on a Harness in Stockholm

Our favorite Justice William W. Bedsworth (not to be confused with Justice William T. Bedsworth), regales us with tales of European travel in his September 2010, Criminal Waste of Space column, in the OC Lawyer Magazine:

The Justice visits his first biergarten and lurches about on a rooftop tour, in harness -- the mind boggles, so read the column yourself - and laugh:

The Same Only Different, by Justice William W. Bedsworth:

Excerpt:

"... Oh yeah, the waivers. Picture this: We are twenty randomly-selected Canadian and American tourists. We have been selected so randomly I am NOT the least athletic person in the group. Not even close. And one of our number—obviously concerned about the Obamazation of America—has already asked the tour guide if the government owns all the buildings in Sweden, so we aren’t exactly the best and the brightest, either.(6)

We are staggering around on these little foot-wide tracks to which our harnesses are hooked with a steel cable to keep us from falling off the roof. We are more than ten stories above ground and the roof is not flat. We are not only maneuvering our flabby bodies around the hot wheels track we have been hooked to, and the tiny ladders that connect sections of track that go over gables and cupolas, but bending down every ten yards or so to jiggle our harness clip around the catchpoints designed to keep us from falling to splattery Swedish deaths if we lose our balance. Three Cirque du Soleil cast members in our group have thrown up their hands and turned back rather than attempt it.

And the indemnity agreements, the waivers they had us sign before engaging in this death-defying feat of physical legerdemain? Are they air-tight? Well, not exactly.

What they are is air.

They’re non-existent. There are no waivers. There aren’t even warnings...." (Link to full column.)