Articles Posted in April, 2007

The most popular reference question people ask librarians, both law and public librarians, is “is it legal?” Is it legal for me to copy this DVD, is it legal for me to evict my roommate, is it legal for the kennel to refuse to take my dog, is it legal for my HOA to remove my “vote for x” sign from my front lawn, is it legal for me to have sex with my friend, is it legal for me not to pay this bill, is it legal for the hospital to stop treatment as soon as they find out I don’t have insurance, is it legal for my employer to tell me I can’t have time off to do volunteer work, etc., etc., etc.

The most common variation on the “is it legal” question is the “can s/he do that to me?” question. “S/he” may be a landlord, an employer, a partner, a bus driver, a parent, a teacher, a traffic cop, etc. and sometimes it is prefaced with variations on “s/he done me wrong.” Apart from the fact that I always itch to say, “don’t you mean ‘is it LAWFUL?’” (but I don’t do that because snarkiness isn’t nice and besides I know what the person means and mostly because I really admire people who are brave enough to come into a law library – it is a very intimidating place), I am also full of wonder at how many people live on the edge of lawfulness and unlawfulness. My life just isn’t that exciting. Maybe I have to work on that.

Anyway, I bet public librarians get this “is it legal?” question much more than law librarians, though I have no facts to back this up – but librarians can make themselves really believable at times (trust me). Our credibility comes from all our practice solemnly swearing that “yes, I too would wear that tin foil hat, but our evil bosses who are in cahoots with the All Powerful won’t let us.” Follow this up with a loud sigh, and after a brief interval (librarians learn about this Magic Interval in Library School) we then perk up and ask, “now, how may I help you today?”

I know some of you already look at these two excellent, fun, practical, and timely legal web sites, but for those of you who do not, check them out:

Future Lawyer: This posting caught my eye today: “What happens when the software licenses are more expensive than the computer they run on? If you have a medium to large law firm, what are you going to spend on new Vista operating systems, and licenses for Microsoft Office.” The direct link to the article is here.

My Shingle: “If you had 20 hours of law student time this summer, how would you spend it? And if you’re a law student, what would make you want to take a job with a solo?” Permalink here.

PI Buzz links to a useful selection of real estate glossaries.

Another useful TVC (The Virtual Chase) link: “Conducting Research on Non-Profit Cos“. It links to this April 4th, Bill Smith, BusinessJournalism.org article: Key Areas to Explore in Form 990s.

You can search for 990’s and other free information on non-profits here and here.

The April 20th Virtual Chase has links to lots of interesting and practical tips for lawyers. If you need to find an FEIN or Martindale-Hubbell via Amazon and much more. Check out all of their April postings and even their TVC (The Virtual Chase) home page.

OSB / PLF are recommending that you make this correction to your copy of the Oregon Statutory Time Limitations Handbook. Add this citation to section 45.1(c) of your Handbook: Hamilton v. Painter, 342 Or 48, 149 P3d 131 (Dec. 7, 2006). The case has bearing upon, inter alia, ORS 12.155 and 174.100(5).

Thanks to the Oregon Council of County Law Libraries (OCCLL) who alerted us to this update.

The Oregon Supreme Court opinion in State v Johnson (SC S51313), April 19th, 2007:

“This case is before us on automatic and direct review of defendant’s judgment of conviction and sentence of death. See ORS 138.012 (providing for direct review in the Supreme Court when the jury imposes a death sentence). On review, defendant assigns error to 23 of the trial court’s rulings. For the reasons set out below, we affirm defendant’s conviction and sentence of death.”

From Bill Monroe, Oregonian Home and Gardens: Look, Don’t Touch: Cats kept indoors can’t injure wildlife:

“… Did you know it’s a federal felony to kill a protected bird? That if my dog killed a songbird and was seen doing it, I’d be liable? That a cat is jointly owned by a married couple, so being a guy doesn’t wash away the liability?…”

This week’s (4/18/07) Willamette Week has some laugh-aloud and a-HA! stories on some of the lesser known “sustainable” ways of living – and dying. Two certainly caught my eye for their law-connections.

Sustainable Kink: A local couple explores the last eco frontier: sex toys

“Last October, Alliyah Mirza and Jonas Sapienza started Earth Erotics, an online retailer of eco-friendly adult toys. Sustainable dildos, if you will. “We’re like the natural-food store of sex toys,” says Mirza, who studies environmental law at Lewis & Clark College by day and updates EE’s website (eartherotics.com) by night. “Our toys are like organic food. Non-organics aren’t going to kill you, but organics are a better option. We provide a better option.”

Sustainable Funeral: How do you say goodbye in a socially conscious fashion?

“…There’s the “eco-pod,” a casket made out of recycled paper (just think of it! Buried in recycled Willamette Weeks!), which ranges from $75 to $2,700. There’s also fair-trade bamboo coffins, handwoven seagrass and willow caskets, and, of course, the plain pine box. (The average price of a conventional casket is $3,100, according to the Funeral Directors Association of America.) Yeah, but what about cremation? Get this: Crematoriums are responsible for something like 9 percent of mercury emissions due to the incineration of dental work and embalming fluid (we knew dentistry was evil)….”