Mar 31, 2011

New Legal Research Guide - Estate Planning

We have a new legal research guide on Estate Planning available on the law library's website. You can find previously posted information on estate planning through the "estate planning" tag at the bottom of this post or through this link. Along those same lines, The Oregonian published an interesting article last Sunday, March 27, on estate sale fraud:

"Complaints to the DOJ concerning estate sellers, secondhand stores and auction houses have doubled since 2008. Among those lodging complaints are an elderly widower, a woman with breast cancer trying to fund her care and adult children selling the family home. All told the state they were never paid for heirlooms, which were either sold at garage sale prices or simply vanished. But when things go wrong, many people don't know where to turn -- and don't want to shell out as much for legal fees as they're looking to recoup."

Consumers with complaints about Oregon businesses, including estate sellers and auction houses, can contact the Financial Fraud/Consumer Protection section of the Oregon Department of Justice's Civil Enforcement Division. The Attorney General's Consumer Hotline (1-877-877-9392) is available between the hours of 8:30 am and 4:30 pm. Consumers can also search the DOJ's consumer complaints database for complaints filed after January 1, 2008.

Gunderson, Laura, and Julie Sullivan. "Complaints Prompt Oregon Department of Justice to Look Into Estate Sales." The Oregonian 27 March 2011. Web.

Mar 30, 2011

Oregon Legislative History: Exhibits and Minutes

If you need to know the legislative history of a Oregon statute, please remember:

1) Prior to 1995, Legislative Minutes and Exhibits were microfilmed. The microfilm isn’t complete, and won’t include many other documents that are required when you need to compile a thorough legislative history, but it is still a very useful research resource.

2) From 1995 – 2007: Legislative tracings and minutes are on the Oregon State Archives website. Legislative bills, session law, and some calendars are on the Legislature’s website.

3) Oregon Legislative Hearing Minutes no longer exist. (See also this blog post.)

4) Exhibits from previous Legislative Sessions are not online. You will need to go to Salem to find them, either the State Archives or the Legislature, depending on how far back you are researching. Submitting and Accessing Digital Committee Materials Frequently Asked Questions

Remember: Most people have never compiled a legislative history. In fact, many legislators don’t know how to compile a legislative history. I know because I’ve gotten calls from former legislators who need help compiling one. But don’t despair. Your county law libraries are happy to show them and you how to do this research!

Mar 24, 2011

Revised Link to the "Revised FAPA Benchguide 2006" (and other Oregon domestic violence resources)

I recently had a question about restraining orders, which sent me looking up information about Oregon’s Family Abuse and Prevention Act, known as FAPA. In the process, I realized that our blog’s link to the useful “Revised FAPA Benchguide 2006” had moved far, far away - well, just to the Oregon Judicial Department’s FAPA forms website. Once there, scroll to the bottom of the page and click on the link to the .pdf.

The State of Oregon FAPA forms on that same page may also be of interest, although it is important to first see if you local circuit court has FAPA forms specific to your county. If they do exist, they are usually found in the Family Law section of the website. For instance, the Washington County Circuit Court’s restraining order forms can be found here.

Other important and related resources concerning restraining orders, abuse prevention, and domestic violence include:

Mar 23, 2011

Small-Estate Affidavits

We frequently have patrons requesting small-estate affidavit forms (it was also a very popular request when I worked in Texas). Here are a few places you can find small-estate affidavit forms and information:


1) Check with the applicable circuit court's website for the form and/or information on filing a small-estate affidavit. Our circuit court does not offer a small estate form, but they do provide information on filing an Affidavit of Claiming Successor, including the related statutes. Marion county's circuit court does provide a small estate affidavit form, as do Deschutes and Clackamas (be sure to check your county's circuit court website as I did not check every county).

2) A common referral for frequently-used forms is the Stevens-Ness Law Publishing Company. They sell Oregon-specific small-estate affidavit forms for both testate and intestate estates (in paper format, not electronic).

3) Check with your local county law library for the following resource: Oregon State Bar CLE (BarBook) Administering Oregon Estates (it provides sample forms for small-estate affidavits).


The Oregon State Bar's public information website also has some information on probate and small estates.

Mar 21, 2011

Oregon Superseded ORS Digitization Project: 1953-1987


The Washington County (Oregon) Law Library is scanning the 1953-1987 Oregon Revised Statutes (ORS).

These particular volumes are also known as the "Gutbusters,” because the pages are filed in 7-10” gut-busting (to lift) loose-leaf binders.

Read the project description and view a sample 1955 Chapter:

Oregon Superseded ORS Digitization Project: 1953-1987 (or link to it from the Law Library's homepage, then click on General Information, and then What's New)


Note: I just heard from an Oregon law librarian who said that their 1979-80 ORS volumes break right on through the 11" barrier to about 11 1/8".

Mar 20, 2011

Farewell to the U.S. Statistical Abstract (on the budget chopping block)

The U.S. Statistical Abstract, an official and astonishingly time-saving research tool for researchers, public administrators, land use planners, and the business community world-wide, is slated for the budget chopping block.

It will not be continued online, although there is talk about a pilot project for publishing some of the data, not all of which is available to the public even if researchers wanted to make their own data compilations.

1) What is (or was) the U.S. Statistical Abstract? (You may remember the book, but the data is (or was) also online.) (See the Wikipedia entry also.)

2) American Library Association (ALA) Legislative Action Center information.

3) University of Michigan's Population Studies Center's blog entry about the budget cut.

4) For more information, contact your U.S. Senators and Representatives: How to contact your representatives in Congress (the image takes a while to load so be patient)

Free Legal Research in India:Filling the Legal Thirst

A free legal search engine: The Indian Kanoon search engine (about).

Furthering the Free Access to Law Movement (about which you can read much more at the Cornell LII blog post Accessible Law):

... the Cornell Legal Information Institute (LII) brings us a fascinating blog post: Indian Kanoon: The Genesis and the Legal Thirst:

From Robert Richards, Editor in chief, VoxPopuLII:

In his post, Dr. Sinha identifies as the principal goal of Indian Kanoon the “empower[ment of] citizens” by enabling them to become informed about “their rights and privileges” under the law.

Dr. Sinha observes that the number of visitors to Indian Kanoon is extremely large and steadily rising; and that the average visitor to Indian Kanoon spends substantial time viewing each retrieved document. Dr. Sinha concludes that these data indicate a growing demand among the Indian people for access to the law — a demand he calls "The Legal Thirst" — and considers possible causes for this increasing demand.

Dr. Sinha suggests that two factors in particular — the provision of access to law free of charge, and improvements in search technology, including “forgiving” keyword search functionality and the ranking of results by relevance — are fueling the desire of the Indian public to read the full text of the laws that govern them.

Dr. Sinha’s post will be of interest to legal information systems developers, legal publishers, the ICT for development community, and all those interested in the free access to law movement…
.” (Link to full LII post.)

(Thank you to Robert Richards, Editor in chief, VoxPopuLII for the information!)

Mar 16, 2011

Oregon State Legislative Reports

A List of Reports to the Oregon State Legislature can be found at the Committee Services Legislative Library blog and you can subscribe to their email notification service, which sends us this message:

To sign up for Legislative Library News, go to http://www.leg.state.or.us/ and click on http://www.leg.state.or.us/learnmore/ in the center of the page, and then follow the prompts. Legislative Library News is under the "General Legislative" heading.

Agencies: for instructions on submitting required reports to the legislature, see
http://www.leg.state.or.us/comm/commsrvs/legReports.html

The Legislative Library is located in the Capitol Building, Room 446, and is open M-F, from 8:00-5:00 during session. Our telephone number is 503.986.1668; email is
help.leg@state.or.us

(The Committee Services Legislative Library is operated by the Oregon State Library.)

Mar 15, 2011

Oregon State Bar (OSB) BarBooks Database

The collection of materials in the Oregon State Bar (OSB) BarBooks database is impressive – see the list below. Our lawyers and self-represented litigants still like the print for certain types of research, but the database is an excellent addition to our collection (and to the database collections of many Oregon county law libraries around the state).

For you self-represented (aka pro se) litigants: This online collection does not necessarily mean you will find easy answers to your legal questions and problems; there is generally no such thing. You will still need to update the case law and statutes, determine what procedural steps to follow, and not to put too fine a point on it … figure out what to do with the information you find.

The other useful thing about having these online is that updates can be made easily and quickly. This list is up to date as of a few days ago:

OSB BarBooks Title List:

Administering Oregon Estates (2004 rev. with 2006 legis. supp.)
Administering Trusts in Oregon (2007 rev.)
Advising Oregon Businesses, Vols. 1-2 (2001 rev. with 2007 supp.)
Advising Oregon Businesses, Vols. 3-4 (2003 rev. with 2009 supp.)
Advising Oregon Businesses, Vol. 5 (forms volume) (2010 edition)
Appeal and Review (1993 rev. with 2002 cum. supp.)
Appeal and Review: The Basics (2010 edition)
Arbitration and Mediation (1996 rev. with 2008 cum. supp.)
Bankruptcy Law (1999 rev. with 2007 supp.)
Construction Law (2004 rev.)
Consumer Law in Oregon (1996 edition with 2005 cum. supp.)
Contract Law in Oregon (2003 rev. with 2008 supp.)
Creditors' Rights and Remedies (2002 rev. with 2006 supp.)
Criminal Law (2005 rev. with 2006 legis. supp.)
Damages (1998 rev. with 2007 cum. supp.)
Disciplinary Board Reporter (1998 - 2009)
Documentation of Real Estate Transactions (2008 rev.)
Elder Law (2000 edition with 2005 supp.)
Environmental Law and Natural Resources Law (2002 edition with 2006 supp.)
The Ethical Oregon LawY(i!r (2006 rev.)
Family Law (2002 rev. with 2008 cum. supp.)
Federal Civil Litigation in Oregon (2009 rev.)
Fee Agreement Compendium (2007 rev.)
Foreclosing Security Interests (1997 rev. with 2005 cum. supp.)
Fundamentals of Real Estate Transactions (1992 rev. with 2001 cum. supp.)
Guardianships, Conservatorships, and Transfers to Minors (2009 rev.)
Insurance (1996 rev. with 2003 cum. supp.)
Interpreting Oregon Law (2009 edition)
Juvenile Law (2007 rev.)
Labor Employment Law: Private Sector (2002 rev.)
Labor Employment Law: Public Sector (2002 rev.)
Land Use (2010 edition)
Oregon Administrative Law (2010 edition)
Oregon Civil Litigation Manual (2004 rev. with 2009 supp.)
Oregon Civil Pleading and Practice (2006 rev.)
Oregon Formal Ethics Opinions (2005 rev. with 2007 and 2010 supps.)
Oregon Health Law Manual, Vol. 1: Consent, Confidentiality, and Reporting (2003 rev.)
Oregon Health Law Manual, Vol. 2: Life and Death Decisions (1997 rev.)
Oregon Health Law Manual, Vol. 3: Delivering Health Care (1998 rev.)
Oregon Health Law Manual, Vol. 4: Payment for Health Care (2001 rev.)
2005 Oregon Legislation Highlights
2007 Oregon Legislation Highlights
2008 Oregon Legislation Highlights
2009 Oregon Legislation Highlights
2010 Oregon Legislation Highlights
Oregon Trial Objections
Principles of Oregon Real Estate Law (1995 edition with 2003 cum. supp.)
Real Estate Disputes (1993 edition with 2002 cum. supp.)
Regulation and Taxation of Real Estate (1995 edition with 2003 cum. supp.)
Rights of Foreign Nationals (2010 edition)
Torts (2006 rev.)
Uniform Civil Jury Instructions (2005 rev. with 2006-2010 supps.)
Uniform Criminal Jury Instructions (2009 rev. with 2010 supp.)
Workers Compensation (2008 rev.)

Mar 14, 2011

Oregon 2011 Bankruptcy Clinic

The 2011 OSB & LASO Bankruptcy Clinic schedule is out:

The Bankruptcy Clinic classes are held on Tuesday evenings, from 6:15 to 7:15 p.m. Appointments follow the classes. There is no child-care available.

The Clinics begin at 6:15 p.m. and start with a bankruptcy class taught by a judge or experienced bankruptcy lawyer. Class are open to all residents of Clackamas, Columbia, Multnomah, Washington, and Yamhill Counties.

Following the class volunteer attorneys meet with clients on an appointment only basis. These appointments generally begin at 7:15 p.m

Dates for 2011 are:

January 18 - Downtown Portland
February 15 - East Portland
March 15 - Beaverton
March 15 - Bend
April 12 - Downtown Portland
May 17 - East Portland
June 21 - Beaverton
June 23 - Bend
July 19 - Downtown Portland
August 16 - East Portland
September 20 - Beaverton
September 29 - Bend
October 18 - Downtown Portland
November 15 - East Portland
December 7 - Bend
December 13 - Beaverton

More bankruptcy information:

The OSB Debtor-Creditor Section and Legal Aid Services of Oregon (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

And, you can view the Oregon State Bar (OSB) and their Public Information webpages have additional information.

Mar 10, 2011

Oregon Animal Law Research Resources

We not infrequently get questions from people worried about some new animal law they heard about or who just have an "animal law" question. You can start with one or more of these resources to find an answer to your question:

1) Oregon Legislature: searching for bills and laws by session

2) Lewis & Clark Animal Law Clinic

3) Oregon attorneys who practice animal law: Call the Oregon State Bar Lawyer Information and Referral Service at 503-684-3763 or 1-800-452-7636

4) If legislation has been proposed, and you can't find it on the Legislature's website, I recommend you your state legislators. You can find contact information at the Oregon Legislature’s service: Find Your Legislator

5) County law library

Citizenship Instructor Workshop, March 21, 2011: Oregon

"The Portland and Spokane Field Offices of U.S. Citizenship and Immigration Services (USCIS) will hold a Citizenship Instructor Workshop – via webinar – on Monday, March 21st, 2011 at 9:15 a.m.

Please re-register if you would like to take this webinar.

The webinar is a continuation of the on-location workshops presented around Oregon over the last seven years that are aimed at instructors who are currently teaching classes - and those who anticipate teaching in the near the future. Topics covered include teaching civics, basic naturalization laws and procedures, the exam and tests, and resources for instructors. The webinar allows participants to interact with the instructor and ask questions.

Attendance is via the Internet and you will be able to call in on a toll-free conference line that will be provided with your registration. In order to attend you must visit the link provided below and register for the class. Attendance is limited to 50.
Since this workshop is the first in our series of webinar-based workshops we ask that only those people currently teaching, or anticipating teaching in the near future, register for this first session.

The workshop is expected to last about 3 hours – with breaks. Our only request is that you stay for the entire workshop.

If you can not register for this webinar there will be a physical class in Portland, in April, hosted by the USCIS Office of Citizenship
."

To register, try this website (or try the USCIS website). Or, if all else fails, try this contact:

Community Relations Officer
U.S. Citizenship and Immigration Services (USCIS)
511 N.W. Broadway
Portland, OR 97209
503-326-2807

County Law Librarian YouTube Promo: Who We Helped Today

What DO public law librarians do? We all do pretty much what public law librarians do in Texas, Maryland, Wisconsin, Georgia, Ohio, Colorado … and California, whose county law librarians made this excellent 2 minute, 35 second video.

Among other things, we save people time, money, aggravation, and fear:

CA County Law Library Video now on YouTube: Who Have You Helped Today?

Clocks Change, March 13th, 2011

It's never too late to think ahead to springing ahead.

For more time change information:

NIST: In 2011, March 13, 2011 (see Current Time Change Rules and some answers to the Why time change? questions). Here is a Time Change grid for those who plan ahead.

Planning a trip around the world? Check out the time.

And then there is the ever entertaining, every horrifying Population Clock.

Resources for Parents of Adult Children with Disabilities

Legal Research for Parents of Adult Children with Disabilities

Questions from parents about adult children with disabilities can cover a very wide range of legal issues. The following resources (and our new Disability Law Legal Research Guide) cover a few popular topics.

Special Needs Trusts:

1) The Arc of Oregon has a website on the Oregon Special Needs Trust. The Oregon Special Needs Trust is a "pooled trust" fund that provides supplemental needs to disabled individuals.

2) The National Special Needs Network offers answers to Frequently Asked Questions about Supplemental Needs Trusts.

State and county resources:

1) The Oregon Department of Human Services has a list of County Developmental Disabilities Programs and a Support Services Brokerages List by county/region.

2) The Washington County Developmental Disability Program offers a number of useful agency links on their website.

3) Lifespan Respite, from the Oregon DHS, provides information for families and providers about caring for a child or adult with special needs.

Other local social service and nonprofit agencies:

1) The Oregon Parent Training and Information Center (now under the umbrella of the Oregon r.i.s.e. Center) mainly focuses on children and youth with disabilities, but provides many useful resources for parents including parent support groups listed by county. They also have a lending library of disability related resources. For information on the lending library contact the r.i.s.e. Salem office at: 888-505-2673, or email info@oregonrisecenter.org.

2) Aging and Disability Resource Connection of Oregon offers information on local resources for long term support and services.

3) Eastern Oregon Developmental Disability Resources provides county, state, and regional resources, events, crisis information, and useful links.

Hiring Lawyers:

1) How to Find a Lawyer in Oregon Legal Research Guide

2)Oregon State Bar Lawyer Referral Service (503) 684-3763

Special needs trusts resources at the Washington County Law Library:

Special Needs Trusts from Nolo Press. Many Nolo titles are also available at public libraries.

CLE course books:
Estate Planning for Protected Persons and People with Disabilities, Special Needs Trusts, Administering Trusts in Oregon.

CLE manuals:
Administering Trusts in Oregon

Oregon Law Libraries: Hours and Types of Service

Oregon has three law schools, and three law school libraries, two of which are private. Each provides a generous amount of service to the public even though their primary mission is to serve their student and faculty research needs. (They also provide invaluable assistance to the Oregon county law librarians.)

Oregon also has a state law library and a network of county law libraries. (There are also law firm and bar association law libraries, but they are for employees and lawyers only.)

If you need to do legal research:

IMPORTANT: To avoid disappointment or travel time: PLEASE TELEPHONE AHEAD or check websites on the day you need to use the law library. Library hours and services change.


1) STATE LAW LIBRARY

2) OREGON COUNTY LAW LIBRARIES

a) Oregon county law libraries are open to all.

b) For a description of what you will find in a public law library, see the Washington County Law Library library services page.

c) Oregon county law libraries offer a variety of services, including legal research databases (though you will still need to consult an attorney or engage in further study to find out what you do with the results of your research).

You can find a directory of Oregon county law library databases and other legal research information at the Washington County Law Library What’s New webpage.

3) PUBLIC OREGON LAW SCHOOL LIBRARY

University of Oregon, John E. Jaqua Law Library

a) The Law Library may be used by UO students, faculty and staff, and members of the general public who need to consult specific law materials held by the Library.

b) The reference librarians and peer research assistants (peer RAs – 2nd and 3rd year law students at the reference desk) do not do legal research for members of the public.

c) Reference librarians do assist members of the public by helping them locate legal research materials and by showing them how to use the resources.

d) The reference desk is staffed approximately 40 hours per week by reference librarians and peer RAs.

e) The law library's primary mission is to serve the research, teaching and scholarship of the law faculty and law students. Reference librarians restrict hours at the reference desk in order to reach their primary clientele through classroom teaching, office appointments, and electronic means.

f) Public patrons may access various databases, including LexisNexis Academic and Westlaw Campus Research, from either of the two public computer terminals in the library Reading Room.

g) There is no attorney reference (fee-based or other) service.

4) PRIVATE OREGON LAW SCHOOL LIBRARIES

a) Boley Law Library at Lewis & Clark Law School

1) The Boley Law Library at Lewis & Clark Law School is open to the public Monday - Thursday 9am - 6pm, Friday 9am - 5pm, Saturday 11am - 5pm (these are the hours a reference librarian is on duty). Summer and holiday hours vary - always best to check their web page to find out specific hours, or call ahead. Reference assistance is provided to everyone with the usual caveats about not providing legal assistance/legal advice.

2) Boley has a Westlaw subscription for members of the public which provides access to primary materials. Most of the library's other databases (HeinOnline, LegalTrac, BarBooks, CCH and RIA Tax, BNA All, LN Congressional) are available for walk-in users on four legal research workstations. Printing from these databases is $.10/page.

3) Attorney Services, a document delivery service, is available to lawyers (and their support staffs) throughout the state. We deliver materials only to downtown Portland. Details.

b) J.W. Long Law Library at Willamette Law School

1) Willamette Law School is a private law school; its primary mission is to meet the research needs of faculty and students.

2) Members of the public may use print materials in-house. There are no public access computers. However, anyone can access the Law Library’s web page, which has links to a large number of free databases and research guides.

3) Materials that circulate may be signed out if the person is a Willamette alumnus, member of the Bench or Bar, state of Oregon employee, law clerk or has acquired a borrower's library card from the University's Hatfield Library upon payment of the current fee.

4) Law library staff provide very limited reference service to the public and no research service.

Mar 8, 2011

54+ Ways to Spell “Muammar Qaddafi” (aka Moammar Gadhafi, aka …)

[And don't forget to look at the ABC blog post: "How Many Different Ways Can You Spell 'Gaddafi'?" They list 112 ways to spell Gaddafi!!]

If you are a researcher, then you know that using the very literal Internet for your research means that you need to know multiple spellings for names and words.

The Library of Congress has an Authority File that is a useful tool for this purpose. For example, if you were researching Mr. Qaddafi, here are some of your options (and this is a "Name Authority Headings" example).

(And if you're wondering what a MARC Record is ....)

Library of Congress Authority Record for Qaddafi, Muammar (LC Control Number: n 81068638)

100 1_ a Qaddafi, Muammar
400 1_ a Gadhafi, Moʼammar
400 1_ a Kaddafi, Muammar
400 1_ a Qadhafi, Muammar
400 1_ a El Kadhafi, Moammar
400 1_ a Kadhafi, Moammar
400 0_ a Moammar Kadhafi
400 1_ a Gadafi, Muammar
400 0_ a Muʼammar al-Qadafi
400 0_ a Moamer El Kazzafi
400 0_ a Moamar al-Gaddafi
400 0_ a Muʼammar Al Qathafi
400 0_ a Moʼammar el-Gadhafi
400 0_ a Muammar Kaddafi
400 0_ a Moamar El Kadhafi
400 0_ a Muammar al-Qadhafi
400 0_ a MuÊ»ammar al-Qadhdhāfī
400 1_ a Qadafi, Muʼammar
400 1_ a El Kazzafi, Moamer
400 1_ a Gaddafi, Moamar
400 1_ a Al Qathafi, Muʼammar
400 1_ w nna a Qadhdhāfī, MuÊ»ammar
400 1_ a Khaddafi, Muammar
400 0_ a Muammar al-Khaddafi
400 0_ a MuÊ»amar al-Ḳad’afi
400 1_ a Ḳad’afi, MuÊ»amar al-
400 1_ a Ghaddafy, Muammar
400 1_ a Ghadafi, Muammar
400 1_ a Ghaddafi, Muammar
400 1_ a Kaddafi, Muamar
400 1_ a Quathafi, Muammar
400 1_ a Gheddafi, Muammar
400 0_ a Muammar Ghaddafy
400 0_ a Muammar Ghadafi
400 0_ a Muammar Ghaddafi
400 0_ a Muamar Al-Kaddafi
400 0_ a Muammar Quathafi
400 0_ a Muammar Gheddafi
400 1_ a Khadafy, Moammar
400 1_ a Qudhafi, Moammar
400 1_ a Qathafi, Mu’Ammar el
400 1_ a El Qathafi, Mu’Ammar
400 1_ a Kadaffi, Momar
400 1_ a El Gaddafi, Moamar
400 1_ a Moamar el Gaddafi
400 1_ a Kazzafi, Moammar
400 1_ a Gheddafi, Muhammar
400 1_ a al-Qadhafi, Muammar
400 0_ a Muammar Al-Gathafi
400 1_ a Al-Gathafi, Muammar
400 1_ a Gathafi, Muammar
400 1_ a Kadhafi, Mouammar
400 1_ a Al Gathafi, M.
400 1_ a Gathafi, M. Al

Mar 4, 2011

DIY: "Balance the Oregon Budget" Widget

Fix Oregon’s budget problems with the:

Can You Balance the Oregon Budget?” widget.

Oh, if only it was this easy! But if Dave’s accountant could balance the federal budget, why not some of you householders and business owners with your own debt-free, balanced budgets?

Mar 3, 2011

New Legal Research Guide - Disability Law

We have a new legal research guide, Disability Law, available on the law library's website. The new legal research guide provides resources on a variety of disability law-related issues including ABA, ADA, disability rights, and employment rights. In related news, a proposed bill impacting the rights of disabled children in public schools, HB 2939, has been introduced to the Oregon State Legislature. The following is a brief synopsis of House Bill 2939 from the bill's summary:

"Prohibits use of mechanical restraint, chemical restraint or prone restraint on student in public education program. Allows use of physical restraint or seclusion on student in public education program under specific circumstances. Describes procedures to be followed if physical restraint or seclusion is used. Requires preparation of annual report related to use of physical restraint or seclusion. Directs Department of Human Services to approve training programs in physical restraint and seclusion."

You can read more about House Bill 2939 in this recent article from The Oregonian.

Other bills regarding persons with disabilities being considered in the 2011 session include, but are not limited to: House Bills 2315 and 2582, both dealing with the Elderly and Disabled Special Transportation Fund; HB 2100, modifying the state services provided to persons with developmental disabilities; HB 2600, codifying the Staley settlement agreement; HB 3526, codifying the Staley settlement agreement and dealing with developmental disability services; SB 49, modifying services provided to persons with developmental disabilities; and SB 111, creating a state-wide audio newspaper service for the blind or print disabled.

Mar 1, 2011

How Many Times Can a Library Circulate an e-Book? Harper Collins Says 26

How many times can that library book be checked out – how many “circulations” can a library get out of a single book?

One publisher says 26 is the number for an ebook. Public libraries that buy this publisher's ebooks will get only 26 “checkouts” before the book vanishes from cyberspace - and the library has to purchase it again.

Library Journal article: HarperCollins Puts 26 Loan Cap on Ebook Circulations,” by Josh Hardro, Feb. 25, 2011:

Excerpt: “In the first significant revision to lending terms for ebook circulation, HarperCollins has announced that new titles licensed from library ebook vendors will be able to circulate only 26 times before the license expires…” (Link to full article.)

You can find more stories on this subject by using this search (and limit your search to the past month so you won't get unrelated stories): harper collins ebooks libraries

(Wow. The last time I visited the library, I bet I saw books that had checked out 100 times 26!)

You might also want to keep this in mind if you plan to publish a book. Read that contract. Research that contract. Make sure you know all your rights and that you retain the ones you want.

For Fun: Holly tells me that this news reminded her of a Jasper Fforde novel: The book software in Fforde's book that only allows 3 readings is UltraWord from his book The Well of Lost Plots. From Wikipedia: "the thrice-read rule renders an UltraWord book impossible to read by a fourth person after the volume has been read by three people, thus rendering libraries and second-hand bookstores useless.”

Washington County (Oregon): Lives of Children of Incarcerated Parents

Thursday, March 10, 2011 program:

Sponsored by: Health & Human Services Department, Commission on Children & Families Division:

Washington County's Children of Incarcerated Parents Committee (CIPC) will present a report to the community about its four years of progress to improve the lives of children whose parents are incarcerated. The free program will take place at the Hillsboro Civic Center, 150 E. Main Street in Hillsboro, from 9 a.m. to 11 a.m. on Thursday, March 10.

Link to full media release.

More about Oregon programs on Children of Incarcerated Parents

Congressional Redistricting in Oregon and Beyond

Curious about redistricting?

1) State of Oregon Redistricting Information, including maps, definitions, upcoming hearings, and much more.

2) U.S. Census Redistricting Data website

3) Another view of U.S. Congressional Redistricting, from a Columbia University Law School database: Draw Congress dot org:

"A nonpartisan map of all 435 congressional districts in the nation has never been drawn. The widespread diffusion of redistricting technology and data and the training of a group of students dedicated to that purpose has made such a map possible for the first time. DrawCongress.org represents the first attempt to create an internet depository for nonpartisan congressional maps for the entire country...." (Link to DrawCongress dot org.)

4) You can also try this web search for additional government websites: redistricting site:.gov

Justice Bedsworth Takes on Hits, Runs, and Sports Contracts

The O(range) C(ounty) Bar Association monthly OC Lawyer Magazine, once again brings us Justice Bedsworth so brace yourself for a laugh and an education:

"Bunting for Boilerplate," by Justice William W. Bedsworth

Excerpt: “My late father was not a sports fan. He was whatever the opposite of a sports fan is. He used to say, “I hate sports the way people who love sports hate common sense.”
...

But I was a mama’s boy, and Mom loved sports. She took me to the Little League tryouts, played catch with me in the front yard, and went to hockey games with me well into her eighties.
...
So when I tell you this column is about sports contracts, at least you know I recognize the subject matter does not guarantee that it will be interesting. I may or may not be able to make it interesting, but it won’t be for lack of understanding that sports talk does not automatically light up your PET scan.

But that’s not my complaint today…..

…, what’s attracted my attention today is not so much the players as the attorneys who represent them. These people seem to have raised boilerplate to an art form. Either they have simply concluded that no one—neither their clients nor the clients’ employers—actually reads any part of the contract that does not include zeroes, or there is something going on here I can’t begin to understand....”
(Link to full column.)