Apr 29, 2011

Chronology of Data Breaches

I don’t think there is a Data Breaches dot Gov website yet, but maybe there should be.  The FTC website has information, but it still seems to rely on businesses and other organizations taking the initiative to alert their customers about the breaches.

Here are some data breach information websites:







There are a lot of other consumer dot gov websites:


And many, many more (you can also use Google Uncle Sam to search for federal and state government websites)

What and Where are the “Oregon Jail Standards?”

When someone asks for “Oregon Jail Standards” they could be referring to two, or more, separate things, but they are usually referring to one or both of these:

1) The first is in ORS 160.076, which are the jail standards that were first enacted in the early 1970s, and that lay out the statutory minimum requirements that jails must adhere to.

2) Second are the voluntary standards promulgated by the Oregon State Sheriff's Association (OSSA), and followed by every jail in Oregon.  They are not available on the OSSA website.  They are copyrighted.  OSSA is not a government agency and is not required to comply with public records laws.

Here are some citations to Oregon “jail” laws:

OAR: 291-117-0005 (through 0140): Personal Property (Inmate)

OAR: 133.455: Receipts for property taken from person in custody; penalty

ORS 169.076: Standards for local correctional facilities

ORS 169.090: Manual of guidelines for local correctional facility operation; guidelines for juvenile detention facility operation

Apr 28, 2011

Happy 40th Birthday to Nolo Press - the People's Legal Self-Help Store!

What would we do without Nolo Press?!

Their excellent blogs, their legal research guide and law dictionary, their tons of online self-help information, their free podcasts, their free online books (wowsers!), and of course, their self-help books and products on everything from soup to nuts, dog law to LLCs.

Happy Birthday, Nolo, and our best wishes for many more to come!

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.

Legal Style Manuals: "The Bluebook: Uniform System of Citation"

The current edition of “The Bluebook: Uniform System of Citation,” is the 19th.

The editors come out with a new edition about once every five years, so a new edition will not be coming out any time soon.  But their website offers free updates between editions.

Law schools can subscribe to an electronic version, but the editors expect the print version will continue to be published.

Note: In Oregon, the Oregon Judicial Department (OJD) has a Oregon Appellate Style Manual (from their Publications website), that uses The Bluebook to fill in gaps: The OJD Style Manual says, "The Bluebook is used as the default source for citation questions not addressed here." (p. 17)

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.

Apr 26, 2011

Putting the Dang in “Dangerous Ideas”: An Oregon-Washington Merger?

One of my favorite websites/books (and related Edge titles), which I like as much for its content as for its concept, is “What is Your Dangerous Idea?”,

Here is one local “dangerous idea” that was floated recently.  It’s kinda fun, or should be if you discussed it around the dinner table or at an Oregon brew pub:

"Too much government? Or just too many?”: by guest columnist, Oregonian (Oregonlive), John Topogna, April 23, 2011

Included in the article is this question: Is an Oregon-Washington merger any less imaginable than a Clackamas-Washington-Multnomah County merger?  ("House Bill 2645 would merge Multnomah, Washington and Clackamas Counties with the Metro regional government." Link to full Oregonlive article.)

The legal implications are mind-boggling.

Resumes (CVs) of the Artistically (and Digitally) Gifted

Edward Tufte might enjoy these amazing resumes, though Tufte and his students would probably also have a field day with them:  CVs from Visual Loop

I’m not sure how lawyers would run with these ideas, although there are some possibilities if you think in terms of citations, TOCs, footnotes, and briefs.  And then again, maybe we should let well enough alone.

Oregon Event: Grandparents Raising Grandchildren 2011 (May 20th)

This popular and invaluable Washington County, Oregon, program is back (pre-registration is required to save a space!)


This event will be held on Friday, May 20th, 2011 from 9:00am to 2:00pm at the former Hillsboro PCC Center,
102 SW Washington St., Hillsboro
.

Pre-registration required.
Call 503-846-3089 to save your space!

Sponsored by: Washington County Disability, Aging & Veteran Services—Family Caregiver Support Program and Washington County Commission on Children & Families

This location is on the Trimet Hillsboro Blue MAX line (use the end of the line stop, Hatfield Transit Center) and on the Bus 57 line, which runs from Beaverton TC to Forest Grove.

Apr 21, 2011

Compare Oregon Telephone and Internet Rates

Here is an interesting buyer’s guide: CUB Connects

"The Citizens’ Utility Board of Oregon (CUB) is excited to help consumers with the ins and outs of choosing their telecommunication and online services. Our new consumer information project, CUB Connects, puts all of Oregon’s telecommunications providers and plans at your fingertips. We have collected information about the telecom and internet options available throughout the state, and developed a search tool to help Oregonians identify the best options for them...."


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.

Apr 20, 2011

3+ Tips on Buying Public Records for Background Checks

PI Buzz is still around and it also still has excellent posts, such as this April 10th, 2011, one with tips on buying public records from data brokers:

Oregon Supreme Court Justices Donate Rare Superseded ORS Set for Scanning Project

This donation is no small contribution to our superseded ORS scanning project and I would be woefully remiss if I didn’t publicly thank the Oregon Supreme Court Justices for donating (lending!) to us their set of the superseded Oregon Revised Statutes (ORS).

We will take good care of it and see that it is returned, with a full set of digitized statutes.  (We also plan to create microfilm sets for archival purposes.)

Heretofore, we had been able to locate only 3 complete sets of these superseded statutes (a summary of the Long Road to Superseded ORS Digitization story is available at the project’s blog post), none of which was accessible except in Salem and Portland and none could be take off-site. (Incomplete sets exist in many libraries and on microfilm.)

The Oregon Supreme Court’s set is a 4th complete set that we only just located.  We give a thousand thanks (daily!) to the State of Oregon Law Library and the Supreme Court Justices for the loan of this almost priceless ORS collection, and to the Multnomah Law Librarian, who played a major role in the very existence of this rare ORS set, not just in remembering that IT HAD TO BE SOMEWHERE.

The donation (loan!) enables us to complete our project ahead of schedule (though still somewhat delayed due to the imminent birth of a baby scan-meister).

Apr 19, 2011

How to Find a Case Online

How to Find a Case Online
(if you have the citation)

It isn't always possible to use a physical reporter to locate a case using a citation.  If you don't have access to a bound reporter, here is a quick overview of a few of your options for locating cases online.

Paid legal databases:

Your county law library might have patron access to Westlaw and/or Shepard's (or the full LexisNexis).  Here's how to retrieve a case from a paid database using a citation:

WESTLAW
  • Open up Westlaw (at our terminals you select "Westlaw Patron Access")
  • You might have to agree to Westlaw's terms and conditions
  • Type your citation in the “Find this document by citation” box

  • To print or e-mail: Westlaw does not make e-mailing cases easy.  We have detailed instructions for e-mailing cases from Westlaw posted at our patron access workstations.

SHEPARD’S
  • Open Shepard's (at our library you select "Shepard’s Citators")
  • Click on “Shepard’s” tab
  • Type in your citation
  • You can use the “Citation Formats” link for assistance in configuring your citation.  The formatting link allows you to search for your source and simply fill in the blanks for your citation. For example, say you needed to find a case from the Oregon Court of Appeals Reports.  You can enter that source into the Citation Formats search box and discover Shepard's uses the formula _____ Ore. App.  ____.  For example, 37 Ore. App. 913.  This can be helpful if you're not entirely sure of the format Lexis uses for your reporter. 
  • You can also find a case by patry name or docket number.

  • To print or e-mail a case from Shepard’s: Click on the printer (not fast print) or letter icons.
Free case-retrieval resources:

LEXISONE
  • Open your internet browser
  • Type in http://www.lexisone.com/
  • Click on the “Free Case Law” tab
  • Select “Search by Citation” and type in your citation

  • To print: Use the browser’s Print and Print Preview buttons.

GOOGLE SCHOLAR
  • Open your internet browser
  • Type in your citation and select the “Legal opinions and journals” search option

  • To print: Use the browser’s Print and Print Preview buttons.


FINDACASE
  • Open your internet browser
  • Type in http://www.findacase.com/
  • Select a state (Oregon, for example)
  • Select the citation search option and enter your citation

  • To print: Use the browser’s Print and Print Preview buttons.

Apr 18, 2011

A Beer for a Cigarette: When is a Bargain Good Value?

I witnessed a humorous contract negotiation while waiting at a bus stop the other day:

Three men with a case of beer walked past the bus stop.  A couple (of people) who were waiting at the bus stop called out to them, asking for a beer.  The 3 men turned and counter-offered, “we’ll give you a beer if you carry this case for the next couple of blocks.”  No go.  The couple then offered a cigarette for a beer.  Offer accepted.  They all met in the median strip, the deal was done, and everyone was happy, especially since the bus finally arrived.

Aside from the fact that this was a cheap beer and cancer-stick exchange, and we see much less humorous transactions on the street, I’m not sure I could say who got the better deal, but both parties were perfectly happy so who am I to say there was a winner or a loser?

It did start me thinking about other transactions that might not be so fair, agreeable, or that produce such a high (so to speak) happiness value for buyers (and observers).  Sellers sometimes have the upper hand in many of these transactions so a conclusion on whether there is mutual satisfaction is murkier than the beer-cigarette example.

Sometimes, the only way to make sure you get good value is a willingness to walk away, but that is not always an option.

Here are some exchanges we make:

1) If you have a grocery store “discount” card or use plastic to pay, the price of that discount is a measurable amount of your personal privacy.

2) Another “privacy” bargain we make is eBooks.  Andrei Codrescu sums it up humorously, and crankily, with this, from an NPR interview: 

"… I'm reading a new book I downloaded on my Kindle and I noticed an underlined passage. It is surely a mistake, I think. This is a new book. I don't know about you, but I always hated underlined passages in used books. They derail my private enjoyment.

When somebody offers perception of what's important, something moronic, usually, which is why I always prefer buying books new so I could make my own moronic marks. But moronic or not, it was all between me and my new book.

And this thing on my Kindle is supposed to be new. And then I discovered that the horror doesn't stop with the unwelcomed presence of another reader who's defaced my new book. But it deepens with something called view popular highlights, which will tell you how many morons have underlined before so that not only you do not own the new book you paid for, the entire experience of reading is shattered by the presence of a mob that agitates inside your text like strangers in a train station...." [Link to full NPR interview.]

More bargains we make:

3) “Change machines” at the grocery store: those change machines in stores that count your loose change.  The cost for this service ranges from 0 to 10%, maybe not a great deal for some, but for others, perhaps a fair exchange.

4) Commissions for things bought and sold, e.g. art, clothes, real estate, can be negotiated but I might safely say it will range from 2% to 90% (pretty safe bet there, eh? :-).

5) Pawn shops vary in the percentages they charge for their loans and so do payday lenders.

6) Oregon Lottery Statutes and Rules (these are more complicated than it appears so read the Oregon lottery laws if you want specifics):

Lottery sellers in Oregon get a % of “traditional games” sold (versus video lottery games), e.g. megabucks.  See, for example:

177-040-0025 Retailer Compensation – Traditional Lottery Games

…. Traditional Sales Compensation: The Lottery shall pay a retailer the following compensation rates for the weekly sales of traditional lottery game tickets or shares offered by the Lottery and sold by the retailer as set forth below: ... [Link to OAR – also from the Oregon Lottery website.]

7) Taxes, tolls, and user fees: The cost of living in a country, with free roads to drive on, lakes to fish in, a mostly fully-functioning utility and infrastructure grid, a usually fair and honest legal system, a trustworthy recording system for property, etc., is worth $$ to some and $$$$$$ to others.  People who have lived in countries without these services (e.g. where bribes of a different sort are a fact of life) might value what we have in the U.S. differently from people who believe that only the “the little people pay taxes.”  On the other hand, people who have lived in countries where infrastructure is kept in finer fettle and a person’s health and freedom are valued more highly than in the U.S. might value those services at another rate.

If you’re wondering about the legal research angle here, think negotiating contract terms, regulating games of chance, and maybe the most important one, consumer protection law, starting perhaps with these 2 agencies:

Précis of Court Rejection of the Google Books Settlement


LLRX is a wonderful research resource.  See, for example:

"Emerging Legal Issues in Social Media: Part II," by Ken Strutin, March 21, 2011

Apr 14, 2011

Tax Day is Monday, April 18, 2011, Not Friday, April 15th

If you’re wondering why, visit the IRS website:


Excerpt: "... Taxpayers will have until Monday, April 18 to file their 2010 tax returns and pay any tax due because Emancipation Day, a holiday observed in the District of Columbia, falls this year on Friday, April 15. By law, District of Columbia holidays impact tax deadlines in the same way that federal holidays do; therefore, all taxpayers will have three extra days to file this year. Taxpayers requesting an extension will have until Oct. 17 to file their 2010 tax returns...."

For more about the law that governs tax deadlines, see the March 7th, 2011, IRS Bulletin 2011-10.

Apr 13, 2011

The FBI Opens its Vault


I remember getting a tour of the Washington D.C. FBI building way back in the, well, way way back. At the time I actually just needed a comfort station and a tour went along with it, but it was worth it.  If you’re in Washington D.C., and there isn’t a government shutdown, add it to your long list of other excellent places to see in the nation’s capital.

(I don’t know if the FBI tour is still any good (just as you can be darn sure the Hershey Chocolate Factory tour isn’t like the excellent ones we had back in the day when they still gave out free chocolate samples and you could practically peer into the chocolate vats), but maybe the FBI tour is holding its own.  Of course, chocolate bar recipes might be bigger and better secrets than those the FBI covets.)

Oregon Judicial Department Self-Help Website

The Oregon Judicial Department (OJD) is updating their Self-Help webpages.

Visit the OJD homepage for links to even more information.

Apr 11, 2011

Oregon Writers Resource Fair, April 17th, 2011

The Multnomah County Library is hosting a Writers Resource Fair on April 17th, 2011.

There is a wonderful lineup of supporting publishers and organizations and lots of small press books for sale.

For even more about Oregon authors, publishers, and writing and reading groups, visit these websites:





5) "Book clubs spring up in Portland, offering options for every taste," by Lee Williams, Oregonian, Wednesday, February 09, 2011

Apr 8, 2011

Rick Rolling (aka rickrolling) the Oregon Legislature

Legislators do have a sense of humor, really!



Excerpt:  "Smith loves a good political joke.

Early last year, the then-freshman Oregon House member from Portland was getting ready for bed when he and his wife, Katy, began bantering back and forth about what might be the ultimate political prank, something that could lighten the increasingly divisive political mood among his colleagues.

As Smith recalls, the idea came almost instantly. "What if we were to Rick Roll the legislature without anybody noticing?" he wondered...." (Link to full Yahoo story.)

Exploring Government Transparency

While at the Oregon Library Association conference in Salem yesterday, I attended a session on government transparency in Oregon. This included a presentation about the Oregon Attorney General’s Government Transparency Initiative, courtesy of the Department of Justice’s new Government Transparency Counsel, Michael Kron, and Communications and Policy Director, Tony Green. In particular they spoke about the current proposed public records legislative amendments in Senate Bill 41, which among other things significantly reduces the number of exemptions allowing records to be kept secret, creates clear public records request deadlines, and lowers or eliminates request fees. For more background, check out the 2010 Government Transparency Report and other resources found on the Government Transparency Initiative site.


Other interesting state government public data websites were presented at this session by Sean McSpaden, Deputy State CIO. His department, the Oregon Department of Administrative Services, was directed by a 2009 Oregon legislative measure to create an Oregon Transparency Website. From the site's FAQ:


"The Oregon Transparency Web site contains information about each state agency, including but not limited to:



  • Annual state agency revenues

  • Annual state agency expenditures

  • Annual state agency human resources expenses, including compensation

  • Annual state agency tax expenditures

  • State agency contracting and subcontracting information

  • Pie charts showing primary revenue sources for each agency

  • Descriptions of the mission, function and program categories of each agency

  • Copies of audit reports issued by the Secretary of State

  • Additional information will be added when it is available."
Another interesting resource discussed was the Opening Oregon’s Data (or, as it is also known by its easily remembered URL, data.oregon.gov) site. Here you can manipulate state government data to create your own charts, graphs, and so on. From the website:

“Oregonians want more access to data collected and stored by Oregon's state and local government agencies. In response, Oregon launched the Data.Oregon.gov website to provide Oregonians the ability to view, search, sort, filter, download or build applications to access public data….Never before have we offered so much flexibility. Now you can create graphs, maps, and calendars on the fly. Filter, group and sort the data any way YOU like it. You can even embed it in your blog or website with live updates. If you write your own code, check out the open APIs for every dataset.”


Finally, the attractive Oregon Explorer website was thrown in to the presentation for good measure: a web-based natural resources digital library with links to portals and tools galore. The library integrates many kinds of data from state and federal agencies, local governments, university scientists, and citizens.


So go ahead: explore!

Apr 7, 2011

Oregon Supreme Court will be Webcasting its Oral Arguments


The Oregon Supreme Court has initiated webcasting of oral arguments conducted before the court in the Supreme Court Courtroom….

Chief Justice Paul J. Demuniz issued Chief Justice Order 11-008 on April 4, 2011.  The Order authorizes webcasting of oral arguments and sets out procedures applicable to those cases that will be webcast.”  [Link to OJD announcement.]

Zen Retreat for Oregon Lawyers (and law-related professionals)


"A day of stress reduction, silent contemplation, and meditation for lawyers, law-related professionals, and their families.

This is a day of refreshment and renewal for people working in the field of law who have an established meditation practice or who are curious about meditation.

There will be times for non-sectarian meditation or silent contemplation, for lunch together, and for discussion in small groups."


(Yes, the mind does boggle, but roll with it.  This is a good thing, zen for lawyers and minds that can still be boggled, that is. It's a pity that one can't get MCLE credit for it.)

Free Oregon State Bar (OSB) Publications for Oregon Attorneys (and others)

OREGON ATTORNEYS: YOU HAVE FREE, EASY, and REMOTE ACCESS TO THIS PHENOMENAL COLLECTION OF OSB PUBLICATIONS!!!

IT’S CALLED OSB BARBOOKS.

REALLY, TRULY! IT’S FREE!  IT’S EASY!  ACCESS FROM HOME, FROM ROME, FROM THE CHICAGO DOME!


I apologize for the ONLINE SHOUTING, but I still (!) meet lawyers who do not know they have free and easy (and remote) access to these Oregon State Bar online publications.  (BARBOOKS!) (The bar did a massive blitz of publicity about this for months, including email, print, training, etc. so I’m not sure exactly WHY there are perfectly good attorneys who don’t know about this excellent research tool.)

This is a phenomenal database (BarBooks!) with dozens of practice materials and monographs – and it’s easy to use.

Many Oregon county law libraries subscribe to the BARBOOKS database and make it available on their public computers (though many of our lawyer and non-lawyer patrons still prefer to start with the print version).




Apr 5, 2011

Where are the 2010 and 2011 Oregon Revised Statutes?

This is the time of year when we start getting questions from people wanting the 2010 and 2011 Oregon Revised Statutes.

I’ve blogged about this before so just substitute the years 2010 (or 11) for 2009 (or 10) …. You can also read this post:  Where is the 2009 ORS? Hold Your Oregon Horses ....

Of course we still don’t know if there will be even-year ORS compilations or if the Legislature will still publish the odd-year ones with an even-year session law compilation.  We’ll wait to hear from Legislative Counsel on that decision.  They are the ones who do the almost thankless job of codifying the Oregon Laws.  (But we thank them!)

Justice Bedsworth’s (Typographical) Stink-Bomb Misses the Strike-Zone

The O(range) C(ounty) Bar Association monthly OC Lawyer Magazine, once again brings us Justice Bedsworth with a cautionary tale (and a guffaw):

Give Me Your Tired, Your Poor, Your Typos . . .,” by Justice William W. Bedsworth