Oregon Legal Research BlogA new (ish) local blogger on the scene: Oregon Debt Lawyer: A Portland Lawyer Discussing Debt-Related Legal Issues.
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Oregon Debtor-Creditor Law: new blogger
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U.S. Supreme Court: Scope of Self-Representation Right
The U.S. Supreme Court in Indiana v. Edwards (07-208), decided June 19th, 2008:
“Held: The Constitution does not forbid States from insisting upon representation by counsel for those competent enough to stand trial but who suffer from severe mental illness to the point where they are not competent to conduct trial proceedings by themselves. Pp. 4–13.
(a) This Court’s precedents frame the question presented, but they do not answer it. Dusky v. United States, 362 U. S. 402, and Drope v. Missouri, 420 U. S. 162, 171, set forth the Constitution’s “mental competence” standard forbidding the trial of an individual lacking a rational and factual understanding of the proceedings and sufficient ability to consult with his lawyer with a reasonable degree of rational understanding. But those cases did not consider the issue presented here, namely, the relation of that “mental competence” standard to the self-representation right. Similarly the Court’s foundational “self-representation” case, Faretta, supra—which held that the Sixth and Fourteenth Amendments include a “constitutional right to proceed without counsel when” a criminal defendant “voluntarily and intelligently elects to do so,” 422 U. S., at 807—does not answer the question as to the scope of the self-representation right. Finally … 866 N. E. 2d 252, vacated and remanded. BREYER, J., delivered the opinion of the Court, in which ROBERTS, C. J., and STEVENS, KENNEDY, SOUTER, GINSBURG, and ALITO, JJ., joined. SCALIA, J., filed a dissenting opinion, in which THOMAS, J., joined.” (read in full)
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Oregon Revised Statutes (ORS) Copyright: The Sound and the Fury (signifying what?*)
Revised post: Oregon Revised Statutes (ORS) and Legislative Counsel Copyright Dispute
Everybody loves a summary, so start here, at BoleyBlogs. Then …
I’m relatively new to Oregon so was wondering what happens next, i.e. after the motion was passed on 6/19/08 by the Legislative Counsel Committee that disclaims any copyright claim or action to enforce it. My questions were:
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When the Beat Generation Becomes the Revenue Generation
… or, When Beating Your Traffic Ticket isn’t Possible in Oregon:
(Previous OLR Blog post about Beating Your Traffic Ticket.
Locals know which town and city Traffic Courts are not open to a conversation about whether or not a traffic law was violated or whether or not there was police or prosecutorial misconduct.
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Alcohol and the Law in Oregon: 18-20 year olds drinking with parents
May an 18 year old (or 19 or 20) drink in a public place with a parent’s permission?
State of Oregon Liquor Control Commission, Fact Sheets, and Minors and Alcohol, which says in part:
“Oregon law prohibits anyone, except a parent or legal guardian, to provide alcohol to a minor or juvenile. A minor is any person under the age of 21 and a juvenile is any person under the age of 18. Parents or guardians may legally provide alcohol only to their minor child in a private residence when accompanying their child. A parent cannot transfer this responsibility to another adult or to a public place. If you allow your property and/or home to be used for a party where minors consume alcohol, other than your children in your presence, you may have to forfeit property and may be issued a citation to circuit court…. “ (read full pamphlet)
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Oregon Babysitting, Home-Alone: Parents, Teens, and Children and the Law
See recent updates (e.g. 2/10/11, 6/15/09), but also click on the Home Alone label in the sidebar.
The most frequently sought and read posts here at this blog over the years have been the ones on babysitting and, more to the point, When Can I Leave My Kids Home Alone? (Do you wonder? Parenting is not for the fainthearted.)
My previous post from Feb 2008 is here. Most of the links are still good, including the ones to the City of Albany, Clackamas County (look for the question: What is the legal age for leaving a child home alone?), and the Red Cross (this one on babysitting).
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Podcasting and the Law
Law of the Podcast: Podcasting Legal Guide from Creative Commons
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Oregon Revised Statutes (ORS) Copyright Dispute: June 20th Update
There will be news on the blogs (especially here and here) about this hearing later, but, unless I misunderstood completely (possible given the sound quality):
… the Oregon Legislative Counsel Committee passed a motion to disclaim all copyright claims and not to enforce existing copyright claims against Justia, Public resource dot com, etc.
This is NOT the exact text of the motion and this is just Committee action. I don’t know exactly what happens next to make this official, but we’ll find out in due course.
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Teach Your Children about the Law of Corporations: Nursing Home Law
If you ever think about how you will be cared for as you grow older or are disabled, think about how you educate your children now. Maybe law school should be in their future, even for the doctors and business moguls in the family. Don’t be worried, or even scared — just be prepared, and prepare the people who love you. (Another reason to value our metro area’s Classroom Law Project!)
I used newspaper articles a lot when I taught legal research to law students, today’s article in the Portland Tribune about senior care facilities would have been a great teaching tool, if only to ask the students if they could identify and find all the laws and documents referred to in the article. Tort, corporate, elder, administrative law, and much, much more can be found here:
Senior care center faulted: Verdict exposes wider problems at Avamere, for-profit facilities, by Lee van der Voo and Christian Gaston Pamplin Media Group, The Portland Tribune, Thu, Jun 19, 2008.
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Oregon Revised Statutes (ORS) Copyright Dispute: Live Hearing TODAY, June 19th
Don’t forget that the hearing before Oregon Legislative Counsel Committee is today and you can listen live. For details on how to listen, go here.
You can listen to it after the fact too, but will need to install Real Player, if you don’t have it already. (See here for instructions.)