Employment Law and I-9 Requirements

Follow the links from the U.S. Citizenship and Immigration Services website for the latest requirements.

Oregon Governor-Elect Kitzaber Job Opportunities: Send in Your Resume

Governor-Elect Kitzaber’s Transition Team’s website offers one and all a chance to submit a resume.

This free-form job application process seems a creative, though possibly ill-advised, approach given numerous factors that I most certainly hope can go without saying, but far be it from me to miss a chance to tell you to send you in your resume. Oregonians will always be dreamers, bless our hearts. (And they sure need a good blogger, so knock yourselves out.)

I’m more familiar with the “Plum Book” method of hiring for a new administration.

Lawyer & Pilot Talk about: Full-Body Scans, Pat Downs and the TSA

Robert Ambrogi, on his LawSites, links to his Podcast: Full-Body Scans, Pat Downs and the TSA

(And, if you’re a nervous flyer, don’t forget to spend some time at the pilot’s website: Ask the Pilot)

Wanted in Oregon: One donated Android phone for a good cause

When one of our favorite law students (who contributes so much blood, sweat, and tears to the Oregon law librarian and legal research world, with smarts, good humor, and style) on his blog asks a favor from the world, the Oregon Legal Research blogger likes to do her bit to pass along the request:

Wanted: One donated Android phone for a good cause

Robb Shector has been a Partner in Oregon Legal Research with many of us since he was a first year law student (now he is a 3rd year) and before someone snaps him up and makes him a Lawyer, we want to do everything possible to make him want to stay in, or eventually return to if he leaves, the great State of Oregon.

Some of Robb’s World, outside of law school (as if!):
Oregon Laws dot org
Weblaws dot org
Blog

State and County Law Libraries and Legal Information to the People

Some (most!) of my favorite sources of law library legal research services and self-help ideas come from other state and county law libraries and law librarian bloggers (these law librarian bloggers, too) of course.

Here are some of my favorite state and county law library websites:

My top-rated favorite, People’s Law Library, is from the great State of Maryland Law Library.

Others include the following:

1) Alaska State Law Library has had to figure out how to get legal information to people who are accessible only by plane or sled half of the year! But they sure love their Alaska libraries as much as we do in most of Oregon.

2) Massachusetts, with their A-Z guide

3) Minnesota, with their links to local ordinances and self-help directory.

4) Montana, too. (What’s with these states that begin with the letter M? They must know something we don’t know. But read on.)

5) Wisconsin State Law Library, with their best of all A-Z legal research topics guide (do you realize the amount of work that goes into creating such a guide? Wowsers!)

There are others, of course, but you can’t love them all and I'm still visiting new ones. On the county law library front, take a look at these:

1) California county law libraries are really well organized. (They may not think so, but compared to many other states, they are! If you have a question anywhere in California, you can contact your county law library.) But we don't knock the Oregon Council of County Law Libraries, which have been meeting, talking, faxing, emailing, sharing, etc. for more than 35 years.

2) The OTHER Washington County Law Libraries (not including the Washington County, Oregon, County Law Library), in Minnesota and in Arkansas and in Maryland and in Pennsylvania and in New York, and not to be confused with Washington State’s County Law Libraries.

Oregon County Law: Duty to Fix Potholes?

This Oregonian article was an interesting lesson in neighbor and government law. It also teaches one not to jump to conclusions, on international affairs, government budgets, or that pothole you have to climb in and out of on your way to and from home every day.

"Rock Creek Road may be the pits, but Washington County says it has no legal duty to fill the potholes," by Dana Tims, Wednesday, November 24, 2010

Excerpt: “… "I was angry," said Matos. "A lot of people up here have had blown tires. Emergency vehicles can hardly get through. It's a joke."

County officials don't disagree.

… That's partly because the relatively few people who live along the stretch itself are fine with how things stand now. They have expressed an unwillingness to spend the money it would take to bring the roadway up to full county standards.

That pits them against others in the area, including Matos, who end up using the road on a regular basis.

The argument isn't a new one. In fact, the issue of who bears the responsibility to maintain the road dates back more than a decade.

In 2002, the county tried to address the problem by approaching residents living along the contested stretch to see if they would cede enough right-of-way to bring the road up to snuff.

"They weren't willing to do that," said Anne Madden, spokeswoman for the county's Department of Land Use & Transportation. "And the condition has stayed that way for eight years, with the road just getting worse and worse every year."

The county considers Rock Creek Road a "local access road." That means the road is technically public, but the county has no legal duty to take care of it. In fact, state law bars the county from spending public money to repair such roads unless the commissioners declare a state of emergency….” (Link to full Oregonian article.)

If you’re interested in learning about local government, stop by your local law library for some serious research or take a look at these online resources for a birds-eye view of the subject:

1) LII (Cornell University Law School) Local Government Law

2) Association of Oregon Counties

3) Wikipedia Local Government Law

18 Crowdsourcing Ideas: Sometimes it Takes a Village

Sometimes we just need a little help from an e-friend:

Brainstorming crowdsourcing, from Gigaom: 18 Tasks you can Crowdsource

(Thank you to iLibrarian for the lead.)

Oregon Attorneys Fees

When researching Oregon attorney fee issues, these are useful (outdated, but still helpful) supplements to your primary and current law research:

1) OLI CLE course book, “Effective Litigation of Attorney Fee Claims and Defenses,” April 1, 2005

2) OLI CLE course book, “Successful Prosecution and Defense of Claims for Attorney Fees,” April 25, 2003

Bankruptcy Clinic: Oregon State Bar (OSB) and Legal Aid Services of Oregon (LASO)

It’s time to update my June 15, 2008 LASO Bankruptcy Clinic blog post.

The OSB Debtor-Creditor Section and LASO bankruptcy (and other) links to information and their brochure are from their Oregon Law Help webpages.

You can also just telephone LASO at: 503-224-4086

If these links break again before I get to update them again, just search (using your search engine of choice) for "Oregon bankruptcy clinic."

Copyright Law and Mark Twain’s Autobiography

For an interesting view of how complex copyright law has become, see the following, keeping in mind that Mark Twain’s Autobiography has this back-story, from the Mark Twain Papers and Project:

“…At the time of his death in 1910, Mark Twain left his last major literary work—an autobiography—unpublished and stipulated that the entire unexpurgated work should not be issued for at least a hundred years after his death. In November 2010, the year that marks the centenary of Twain's death, UC Press has issued the first volume of a complete three-volume critical edition of the autobiography, edited by the staff of the Mark Twain Project. A digital edition with a complete textual apparatus—not included in the print version—is available at the Mark Twain Project Online….” (Link to full website.)

Read on …:

Copyright Law and Mark Twain’s Autobiography (from LibraryLaw):

Excerpt: “… I told the story of Mark Twain’s copyrights on page 44 of “Copyright & Cultural Institutions” (http://hdl.handle.net/1813/14142) - though I did not speak specifically to Twain's autobiography. At the heart of the story is the fact that Berkeley offered for sale in 2001 a microfilm set that apparently contained the Autobiography. I can’t see that anyone actually bought the microfilm set, but by offering it for sale, California extended the copyright on the manuscript until 2047....” (Link to full blog post.)

Professional, and Ethical, Duty to Perform Adequate Legal Research

If you thought legal research skills were icing on the cake, think again:

Lawyers have an ethical duty to perform adequate legal research. (And, clients might expect a bit more than “adequate.”)

1) Ethical Obligations: Performing Adequate Legal Research and Legal Writing; Bast & Harrell, 29 Nova L. Rev. 49 (2004-5)

2) “Surfin’ Safari—Why Competent Lawyers Should Research on the Web," Ellie Margolis, 10 YALE J. L. & TECH. 82 (2007):

“INTRODUCTION

No lawyer wants to be the subject of public ridicule in a judicial opinion, especially for something as basic as legal research. Yet in this age of increasingly available information, many lawyers do find themselves subject to public embarrassment or worse for failing to adequately perform the building blocks of law practice—legal research and analysis.2 How do lawyers find themselves in this position? And how can they avoid it?...” (Read full article)

3) See also, “Commentary: Inadequate legal research as bad faith”

Medical – Legal Research Resources for Oregon Attorneys and Legal Researchers

Lawyers use all sorts of non-legal research resources, including medical ones.

As is the case with any specialized subject research, you need to develop a research strategy to make sure you begin at the beginning, use the right search terms, identify relevant journals and indexes and catalogs, and have a system for recording your progress so you don’t miss anything or duplicate your research.

And, as is the case for any specialized research (e.g. business, law, music, etc.), it helps to consult a specialist – a medical librarian or research specialist in this case.

So, assuming you want to be a little smarter than opposing counsel, do some exploratory medical research of your own and then find a medical librarian who can help you determine if you’ve left out any critical resources.

Onward to Medical Research Resources:

FIRST: Begin at the beginning using RESEARCH GUIDES to medical research resources, e.g.

a) Zimmerman’s Research Guide: Medical Materials

b) There are many medical school and medical library research guides, which are useful for developing a research strategy, but you usually need to be a member of the institution to have access to their databases. See below for free medical databases or contact a public or medical library in your community or state or run a search for your specific topic to find out if a librarian or medical researcher somewhere has compiled a research guide.

c) The Medical Library Association has a: A User's Guide to Finding and Evaluating Health Information on the Web

SECOND: Dig deeply into the subject: LIBRARIES and DATABASES

The following of libraries will have medical databases and some even have professional medical librarians:

a) Multnomah County Public Library health and medical resources and links

b) OHSU Library resources and links (Portland-metro)

c) Tuality Health Resource Center (Hillsboro)

d) National Library of Medicine, PubMed (Wikipedia entry): Medical research resources

e) National Library of Medicine, Medline Plus (Wikipedia entry): Consumer health resources


THIRD: LOOK for sources of NEW RESEARCH and IDEAS

a) Centers for Disease Control (CDC)

b) Food and Drug Administration

c) National Institutes of Health (NIH)

d) Public Health Information (CDC)

Tattooed Librarians of the Pacific NW Calendar

Help a Library-School Student:

NW Tattooed Librarian Calendar

From the Emporia students: “Help support Emporia State University’s School of Library and Information Management students! We created this calendar as a fundraiser for our graduation and it turned our really well. You can buy the calendar online for $25 from this link:

Just as a heads-up, in order to buy from Zazzle you have to set up an account. If you’re uncomfortable with that (privacy issues, online purchasing issues, too many online account issues) let [them] know and we’ll be happy to send you a preordered copy.

We thought these would make a great gift idea so we tried to get them ready to go with plenty of time to shop before Christmas. And as a hint: if you buy in bulk, you save! Even buying 2 calendars instead of 1 will save you money on shipping.

Thank you for supporting library students! We want to have an amazing graduation so we can recognize all of the great things we’ve achieved. Help us realize that vision! If you know anyone who would be interested in these calendars, help us pass on the word!”

Animated Traffic Law

Maybe arguing about traffic law isn’t fun, but learning about traffic law just might be:

Animated Traffic Law

Don’t be a Sucker! Be a Smart Consumer, a Skeptic, or Simply Indulge Your Curiosity

I love reading consumer news, whether it’s sad stories or great tips in my local newspapers, consumer lawyer websites, or the multitude of consumer protection sites offered up by state and federal governments, e.g. Oregon’s DOJ and the U.S. FTC.

You always learn something, though in the process you may become a bit jaded. But, better jaded than a sucker!

Here are some additional links I’ve collected recently from reading or listening to a few of my favorite consumer law sources:

1) Oregonian Complaint Desk and Oregonian It’s Only Money column

2) Looks Too Good to Be True (and check out their links, too)

3) Skeptics, Promoting Science and Critical Thinking

4) Urban Legends and Myths (via Snopes)

5) Consumer Reports Magazine

6) Recalls, Food, Cars, Medicines, Boats, etc.

7) Links from public libraries, e.g. Multnomah Public Library Consumer weblinks

There are more, many more, but I'll save those for future blog posts.

"Center for Plain Language" and "Associations Unlimited"

If you are very lucky, you learn something new every day:

1) Did you know there was a Center for Plain Language? What might they do?

In a nutshell: "The Center for Plain Language wants government and business documents to be clear and understandable." (Don't we all!)

2) Also, do you remember the wonderful reference book, "Encyclopedia of Associations"? Well, it’s online now (and has been for some time) and probably at your public library (e.g. through the WCCLS, though you will find it under the new name, "Associations Unlimited").

Most Oregonians are very lucky – their public library patrons (you and me) have remote access to many databases through the Oregon Statewide Database Licensing Program. Just visit your own public library's website and look for its database listings.

How to Search for Criminal Records

This question comes to librarians usually in this form:

I am looking for Criminal Records for someone I want to hire, want to rent to, want to date, etc. Can I search for that information online – and for free?

The answer:

There are no reliable, comprehensive, accurate and free online criminal history records-check resources and in fact, searching criminal records thoroughly requires searching more than one database in more than one jurisdiction, not to mention specialized searching skills.

(Note: Do not confuse a criminal history check with a public records, skip-tracing, or social media search for an individual, though they do all have some common problems, not the least is which means remembering that many people share a name and not every Jon or Jan Doe is the Jon or Jan Doe you are seeking.)

1) Here is a sample research guide, from Wisconsin, on how to research criminal histories and public records -- it gives you an idea of what your research strategy might look like.

2) Also, it is a lot more difficult to search for someone else’s criminal history than it is to check your own (unless you have been the victim of identity theft by someone who left a criminal history trail in your name, in which case, the search and the repair are a nightmare).

3) The Virtual Chase posts, Part 1 and Part 2, are still good places to begin if you want to learn about why criminal background checks are not as straightforward as one might think they should be.

SEARCHING FOR OREGON CRIMINAL HISTORY?

1) If you want to know if there was a criminal (or civil) case filed against someone in Oregon, OJIN (Oregon Judicial Information Network) is the official online database of cases filed in Oregon courts. The records do not go back forever and it excludes some data on juvenile records and other protected information. Also, for the most part, it has docket (a list of documents filed in a case) information only about documents filed, not the actual documents. (Note: It does not have arrest records.)

OJIN is available to the public for no charge at courthouses, but few will allow statewide searches, and at some county law libraries. A directory of Oregon county law libraries is at http://www.occll.org/directory.php.

2) Your local law enforcement agency may have some recommendations or you may contact a private investigation company that performs criminal background checks for a fee. (But remember to check the bona fides of the private investigator before you hire anyone.)

3) Oregon private investigators can be licensed through the Oregon Department of Public Safety Standards and Training (DPSST).

4) Also, there are other private investigator associations and blogs, e.g. PI Buzz, a PI blog, will give you lots of information and links to other private investigator organizations. They do a loads of useful research and share it freely (thank you PI Buzz staff!).

5) There are many online social network and related public records sites online that you can search free, but these do not substitute for a criminal records check. For example, try these:

a) Virtual Chase People Finder Guide

b King County (Washington) Law Library Public Sleuthing website

c) Oregon Department of Justice links: ) Oregon Public Records Websites

Prisons and Libraries

"Prisoners’ Right to Read: A New Interpretation to the Library Bill of Rights," posted on July 12th, 2010 by Nanette Perez

There is also a Prison Law blog (thank you to Tom Mighell and his Inter-Alia newsletter for the lead.)

Expert Witness Research and Directories

If you don't know where to begin, try these:

1) Justia’s Virtual Chase

2) UW, Gallagher Law Library: Expert Witnesses: Researching Factual Experts to Use in Litigation

3) Cleveland Marshall School of Law Library has an excellent research guide to Expert Witnesses

To Cite is Human, to Find Law Divine: What Does a Legal Citation Look Like?

The following blog post got me to thinking that a legal citation lesson for non-attorneys might be a challenge worth attempting, though I surely won’t get it right the first time.

3 Geeks and a Law Blog: Bloomberg Law Gets Cited By A New Jersey Court… A First for “___ BL ___” (citing to United States v. Stuler, Civil Action No. 08-273, 2010 U.S. Dist. LEXIS 43338, 2010 BL 99422 (W.D. Pa. May 4, 2010))

Onward to Legal Citation for the Novice:

Knowing how to "cite the law", (e.g. Peter Martin’s Intro to Legal Citation), is a required skill for any legal researcher. (I wish it was a required skill for everyone who writes about the law, such as news reporters)

Writing a good citation is not as easy as it looks, especially since we now have multiple players in the legal publishing world.

But, it’s not rocket science either!

There can be forgiveness and leniency in the citation world (unless you are on law review) ...

IF you follow these guidelines, which are not that different from the original Golden Rule (i.e. do not do unto others as you would not have them do unto you):

Laura the Law Librarian Legal Citation Golden Rules:

1) Cite a law, not for yourself, but for the person who will have to find a copy of that exact same law.

2) Don’t count on a URL (aka web address or hyperlink) as a substitute for an accurate citation. With a good citation, a reader can always find the source, even if you don’t provide a URL or if the URL you provide breaks.

TO REVIEW:

1) If you were a READER, could you find the law cited using the information you provided?

2) Citation is not done for the WRITER’s sake or for the citation’s sake (unless you are on law review); it is done so the READER can find a copy of the law being cited.

3) The READER has to know the law’s name, where it is published, the publication year of the law, and/or other attributes that make that citation unique.

4) There are a zillion places you can find the law and not all of them will get it right. There is no point citing to a source that isn’t accurate or official or that the READER won’t be able to locate or that is full of typos or hasn’t been edited or that is 5th generation rather than the, or an exact duplication of the, official law.

5) That READER may be a judge or opposing counsel and you surely don’t want them to find that you cited to an incomplete or inaccurate law, and especially not to law that may not be where you said it was going to be.

6) Citation style may change over time, but a good citation is forever:

a) In the “old” days, a case citation might look like this, with a nominate reporter cite:

Marbury v. Madison, 1 Cranch 137 (1803)

b) That simple cite is really all one needs, even though over time it will grow horns:

Like this, with the nominate reporter and the official reporter:

Marbury v. Madison, 1 Cranch 137, 5 U.S. 137 (1803)

c) Then this, the official plus unofficial(s) plus online:

5 U.S. 137, 5 U.S. 137; 2 L. Ed. 60; 2 Law. Ed. 135, 1803 U.S. LEXIS 352; 1803 WL 893 (U.S. Dist. Ct.), 1 Cranch 137

d) Now we have this new player in the (citable) legal research database family: Bloomberg Law, so, “brace yourself, Bridget,” a Marbury v. Madison citation might now look like this:

5 U.S. 137; 2 L. Ed. 60; 2 Law. Ed. 135, 1803 U.S. LEXIS 352; 1803 WL 893 (U.S. Dist. Ct.), 1 Cranch 137, 1803 BL [xxx]


(Disclaimer: I love the BlueBook (official), but don’t let it push me around. Citation is not for the timid at heart.)

Death of the (law) Digest and Headnote: Grossly Exaggerated?

No, it’s not all online.
No, a lawyer researching online won’t always beat out the “paper” lawyer.
No, a legal researcher using print won’t always eat the dust of an online legal researcher

Yes, we all love online, but we also know its limits, especially in the hands (and mind) of a good legal researcher.
Yes, there are a lot of writers saying print is dead - and lots of researchers who say, no it isn't.

Yes, there are a lot of experienced lawyers and law librarians who are appalled at the (print and online) legal research skills and habits of many new lawyers (at least those who won't listen to research tips from those who are more experienced).

No, the Digest and the Headnote aren’t yet dead (but some other print resources may be).

Yes, they are extremely useful tools even, especially, in the online world, as well as in the print Digest world.

Yes, we love discussing the subject!

Law Librarian Blog brings us this discussion: Jason Wilson: The digest is dead. So why isn’t the headnote?

More Lawyer and Doctor Directories: Finding and Marketing via Avvo

As a reminder to everyone, lawyers and doctors and people looking for lawyers and doctors, that you have to run fast and furiously to stay on top of online directories, ratings, and marketing opportunities ... Gallagher Blogs about Avvo: Avvo Adds Doctors

U.S. (federal) Government Documents: New Website and Search Tool

Check out GPO’s MetaLib:

“Welcome to MetaLib, a service of the Catalog of U.S. Government Publications! MetaLib is a federated search engine that searches multiple U.S. Federal government databases, retrieving reports, articles, and citations while providing direct links to selected resources available online. To learn more, view additional brief or detailed search information.” (Link to Metalib homepage.)

To learn more about GPO (the Government Printing Office), link to their homepage and to FDSys, the Federal Digital System, and don’t forget visiting their award winning Government Book Talk Blog.

Read about federated searching at Wikipedia and here and here and here.

(Thank you to Notabeneuh blog: GPO Launches MetaLib for the lead.)

Pedestrian Law: Think Out Loud (OPB) on Foot Traffic

OPB’s Think Out Loud radio program had a recent show on Pedestrian Law: Nov. 1, 2010, Foot Traffic and guests included Ray Thomas who wrote Oregon Pedestrian Rights: A Guide to People on Foot.

Read more about loopy, oblivious, clueless, narcissistic, aggressive, flaky, indifferent, silly, stupid, and distracted pedestrians, drivers, and bicyclists at the Foot Traffic program Comments section and at my previous OLR blog pedestrian law posts.

"Let's be careful out there!"

Oregon / Portland-Metro Area (Mostly Free) Legal Assistance Resources

We recently updated our Oregon and Portland Metro-Area Legal Assistance Resources guide. It has stretched to a little over 3 pages, so take a look to see if there is anything new to you or if we missed any organizations.

Award-Winning Government Publication Book Talk Blog

If you’re a history buff or just (!) a bibliophile, this Government Book Talk Blog is for you.

What award did they win? The Silver Inkwell Communications Award.

Justice Bedsworth Takes on Congress, Romanians, and Witches for a Spell

Justice William W. Bedsworth, in the November 2010, “Criminal Waste of Space” column in the OC Lawyer Magazine:

Accursed Congress

Excerpt: '... Take Congress.(1) Congress is about as lousy a job as you can have without getting involved with fish or sewage. I don’t understand why it isn’t the loser of the election that gets stuck going to Congress.(2)
...
And since I’m not willing to do the job myself, I don’t question the work being done by the guy who is. That’s a rule of mine. You will never hear me criticize the work of my garbage man or my presiding judge.
...
But I must admit my willingness to kvetch has expanded somewhat since the two national political parties turned the Congress of the United States into a third-rate game of frat boy dodgeball. I really am dismayed that they are so busy trying to beat the other team that they no longer care about the cost to the country. They’re so obsessed with being doctrinally pure Republicans and Democrats that they’ve lost interest in being Americans. ...' (Link to full article.)

Justice Bedsworth Takes on Congress, Romanians, and Witches for a Spell (or two)

Take a judicious, so to speak, humor break and read Justice William W. Bedsworth, in his November 2010, “Criminal Waste of Space” column in the OC Lawyer Magazine: Accursed Congress

Excerpt: '... Take Congress.(1) Congress is about as lousy a job as you can have without getting involved with fish or sewage. I don’t understand why it isn’t the loser of the election that gets stuck going to Congress.(2)
...
And since I’m not willing to do the job myself, I don’t question the work being done by the guy who is. That’s a rule of mine. You will never hear me criticize the work of my garbage man or my presiding judge.

But I must admit my willingness to kvetch has expanded somewhat since the two national political parties turned the Congress of the United States into a third-rate game of frat boy dodgeball. I really am dismayed that they are so busy trying to beat the other team that they no longer care about the cost to the country. They’re so obsessed with being doctrinally pure Republicans and Democrats that they’ve lost interest in being Americans. ...' (Link to full article.)