High Legal Research Cool Factor: wellsettled dot com

Hat tip to Bob Ambrogi’s LawSites blog post: WellSettled.com Mines Cases for Established Principles,” which introduces us to wellsettled dot com: “It is well settled…

I bet you can’t search just one (word or phrase), but this “one” is a non-hedonic hyperphagia compulsion, so enjoy.

Judicial Funding Cuts Inflict Widespread Economic Harm in Communities

ABA Journal News: Savings produced by court budget cuts are exceeded by harmful economic effects (white paper)

The white paper, “The Economics of Justice,” by Eric J. Magnuson, Steven M. Puiszis, Lisa M. Agrimonti, and Nicole S. Frank (DRI, 2014)

Press release: “DRI White Paper: Judicial Funding Cuts Inflict Widespread Economic Harm in Communities

“…. Salaries make up as much as 96 percent of court budgets, the white paper says. Budget cuts result in job losses, diminished tax revenues for local governments, and the increased expense of unemployment benefits.

Cuts also slow resolution of civil cases. The uncertainty caused by pending cases makes businesses reluctant to spend money on equipment, additional employees and expanded product lines, which also affects the local economy, the paper concludes.
….

The Florida study, for example, concluded that the backlog in foreclosure cases caused by underfunding of the state court system resulted in a $9.9 billion annual loss to the state’s economy in direct costs, and an additional $7.2 billion in indirect costs.’ [Link to full ABA news story and White Paper.]

Grandparents and other Third-parties Seeking Custody of Children in Oregon

Please also read previous blog posts on this topic, especially this one: Grandparent Visitation Rights in Oregon

There are lots of free legal forms online and in print, but none of them will be the exact forms you need in your specific case. You can lose a lot of time and money if you file the wrong forms.

Courts are very, very careful when it comes to child custody legal matters. Oregon courts do not have official or fill-in-the-blank child custody legal forms for parents, grandparents, or for any third party seeking child custody. You need to draft your own forms specific to your legal situation.

There is a useful booklet you can read for some background information on this subject. Link to the booklet from this blog post:

Oregon Legal Guide for Grandparents and Other Relatives Raising Children

If you want to represent yourself in your case, you will have to research the laws and the regulations about child custody and third-party rights and then you will have to prepare your case. You will need to do this research in a law library. You can find a list of Oregon county law libraries at the Oregon Council of County Law Libraries (OCCLL) website.

You can also ask a lawyer to serve as a “coach.” Find a lawyer who will review your situation. Explain that you want to proceed as a self-represented litigant and ask if the lawyer would be willing to serve as a “coach” to help you through the legal process. (This is also known as “limited scope legal assistance.” You and your lawyer will sign an agreement that limits the scope of the lawyer-client engagement and legal liability.)

You can also ask a lawyer to represent you in a custody case. The lawyer will give you an analysis of the likelihood of you prevailing in your case and give you an estimate of what it will cost.

The Oregon State Bar Information and Referral Service has a toll free number to call to get names of attorneys in your area; call their referral service at 503-684-3763 or 1-800-452-7636 or visit their website.

Out-of-Cycle Changes to the Uniform Trial Court Rules (UTCR): Request for Public Comment

From OJD:

There have been a number of out-of-cycle changes to the Uniform Trial Court Rules (UTCR) to facilitate implementation of the Oregon eCourt Program, increase the fee for a pro hac vice application, correct typographical errors, and correct inaccurate website addresses. You can view the changes at the Current Uniform Trial Court Rules webpage.

We encourage all interested parties to submit comment on these changes. The UTCR Committee will review the comments at the meeting scheduled for October 17, 2014. You can post a comment at the web address mentioned above; mail it to the UTCR Reporter at the Office of the State Court Administrator, Supreme Court Building, 1163 State Street, Salem, Oregon 97301-2563; or email it to utcr@ojd.state.or.us. Please submit your comments so that we receive them by 5:00 p.m., August 29, 2014.”

See our 2013 blog post on Oregon court rule out-of-cycle amendments.

Legal Reference Tips for Oregon Public Service Librarians and Library Assistants

1) There are excellent legal research guides and links at the Oregon Law Help website. Legal aid lawyers compile these materials and links to a wide range of organizations.

2) The Multnomah Bar Association produces English and Spanish versions of:

Youth Faces the Law: A Juvenile Rights Handbook and Domestic Violence: A Guide to Your Rights

3) And don’t forget our guide: OREGON LEGAL ASSISTANCE RESOURCE GUIDE (from the Washington County Law Library)

Guide to Image Collections with Millions of Free, Hi-Res Images

iLibrarian post: A Guide to Little-Known Image Collections with Millions of Free, Hi-Res Images

…. There have been several new image collections that have opened up to the public just within the past year that not many people are aware of yet, but they offer access to thousands, or in some cases millions of outstanding photographs that can be downloaded for free….” [Link to full post.]

This is quite a treasure trove. Use of images will vary. For example:

“available for free download for non-commercial use”

“The images may be used for commercial or personal purposes, with an acknowledgement of the original source (Wellcome Library, London).”

“free to use, modify, and publish for any purpose.”

“These are for personal, non-commercial use only.”

“Each image specifies its license,many of which are remixable and have no copyright associated with them at all.”

“Most NOAA photos and slides are in the public domain and CANNOT be copyrighted while a few photos are known to have copyright restrictions are so noted. Credit MUST be given to the National Oceanic and Atmospheric Administration/Department of Commerce.

Educating Homeless Children: Legal Requirements (ABA Report)

Gallagher Blogs, July 2, 2014, post: Educating Homeless Kids:

“Nearly a quarter of homeless people are children.* Over a million children were homeless at the start of the 2010-2011 school year. And being homeless can make it tough to get an education. To address some of the problems, the McKinney- Vento Homeless Assistance Act (1987) set up the Education for Homeless Children and Youth Program.

The ABA Commission on Homelessness and Poverty just published “Educating Children Without Housing: A Primer on Legal Requirements and Implementation Strategies for Educators, Advocates and Policymakers” …. [Link to full Gallagher Blogs post.]

That direct link to the book at the ABA Store works now, but if it ceases to work, visit the ABA Store and look for this title: “Educating Children Without Housing: A Primer on Legal Requirements and Implementation Strategies for Educators, Advocates and Policymakers,” 4th Edition, 2014.

“Only 15 percent of the unique volumes in U.S. law libraries have been digitized …”

Rent a Law Book? Want to get App App Appy?

Read: “Legal Research Revolutionized,” by Dan Giancaterino, in GP Solo, Vol. 31 No. 3:

“…. Law libraries will survive, and even thrive, in the future. An article in the May 2013 issue of ABA Journal estimated that only 15 percent of the unique volumes in U.S. law libraries have been digitized….

Legal Books as Apps

We’ve all seen the typical legal advertisement on the Internet, on TV, or even on the covers of telephone books (remember them?): an image of an attorney sitting in front of a wall of legal books. It impresses potential clients. And it implies that the attorney is continually consulting the accumulated wisdom of legal scholars throughout the ages.

But the truth is you need most legal sources for only a few days or weeks. The rest of the time they just sit on your shelf looking impressive but presenting you with challenges:

They’re expensive.
They take up office space, which is a fixed cost you need to minimize as much as possible.
They need upkeep. You must file updated pages or pocket parts or you risk committing legal malpractice by relying on outdated materials….”  [Link to full article.]

(The 15% article: “Are digitization and budget cuts compromising history?”  Hollee Schwartz Temple, ABA Journal, May 1, 2013.)