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While reading a magazine article “Play Your Part: Accept responsibility for what you bring to each moment and enjoy the power of truth,” by Sally Kempton, printed in the September 2008 issue of “Yoga Journal” (see Note below to find articles online), I realized it was not only an essay on blame, responsibility, truth, and strength (among many other things), but also a presentation on possible defenses a yoga instructor (and his/her lawyer) could sort through if a student is injured while in a yoga class.

(One of course would hope that a conversation would be the first choice for dispute resolution for yoga teacher and student, rather than litigation, but life is what it is and one is not entirely hopeful, though maybe a little more hopeful in the world of Yoga than the world of Medicine, which is no more an exact science than Yoga, or Law, or Life.

Doctors and their lawyers have been discussing for years (decades?) this alternative approach to “it’s your fault,” though not quite reaching the full spirit of disclosure, honesty, and “truth and reconciliation,” at least making the effort. I suspect, however, and the medical malpractice attorneys may pitch in here, that this approach is still present in only a small percentage of cases. Doctors are no more able than lawyers or politicians, or people generally, to say, “I’m sorry” (as opposed to “mistakes were made”).)

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Vacations are not for reading books like this one, Kafka Comes to America, but I’m a law librarian and we’re decidedly wonky. (I also read this (incredibly funny, though a bit worrying) and this (by Loren Estleman who also wrote this extraordinary book), so don’t think you can pigeonhole wonky law librarians 🙂

The first chapter of Kafka Comes to America brought back unnerving memories of a couple of things I saw back in the days when I worked in a Philadelphia jail. It’s also unnerving when your own life intersects with the same people in the book you’re reading. (And see also this post on the book at Trial Ad (and other) Notes on the same book.)

Uh, I also enjoy these and am a fan of this super heroine, with a complete set of all “her” (Peter O’Donnell, actually) novels (but not all the comic books).

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I last posted here about researching Oregon Building Codes and a couple of updates are in order:

1) You can subscribe to email BCD News for the Oregon Department of Consumer & Business Services, Building Codes Division. Visit their homepage and check out their online services.

2) Building Tech Books are closing up shop and referring customers to Builders Books, Inc.

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The latest scam to hit my workplace is from people claiming to be from Verizon and wanting to examine our invoices (yeah, right). This comes on the heels of lots of other metro area (and countrywide I presume) phonies claiming to be authorized to check the wiring, the plumbing, the photocopier, and offering any other excuse that will give free, unmonitored, access to private spaces.

The law (and law enforcement) can’t do too much to stop these crimes from occurring before the fact, so use your common sense, ask to see ID, check with the source (that ID isn’t always legitimate), check with your employer. trust your judgment, and don’t let anyone unknown wander through private workspace. (Oh, and lock up your valuables and encrypt those computers for heaven’s sake.)

Here’s another variation – a cruel hoax that may also be surfing lightly in the presence of the ever-present vague anxiety that seems to exist among many people (where’s “The only thing we have to fear is fear itself” when you need it?):

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The latest (Vol. XXV, No. 3, July 2008) issue of the newsletter from the Estate Planning and Administration section of the Oregon State Bar (OSB) includes the following articles:

1) Mediation of Probate and Protective Matters, by Joshua Kadish.

2) Duty to Pay Debts?, by Conrad G. Hutterli.

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In the latest issue (Vol. XXV, No. 3, July 2008) of the newsletter from the Estate Planning and Administration section of the Oregon State Bar (OSB) reports on this story in its “Looking Ahead: Legislative Proposals for 2009” section:

Proposed Limits on Fees Allowed in Probate to Heir Search Firms: This proposal regulates the activities of heir search firms. The proposal addresses several concerns with the way these firms operate. The fee is often one-third to one-half of the inheritance the person found by the search firm will receive ….”

(Only past issues are online, but you can contact your nearest law school or county law library (see sidebar for links) and ask to see a copy.)

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(Conferences (past and future) are as bad for blogging habits as are vacations, but I, and my readers, soldier on 🙂

This week, we’ve been getting quite a few Legislative History questions, from hither and yon, about new and old statutes. So, in the interest of those who would like a few hints on where to begin (and end), here are links to a few guides:

1) A quick and easy guide, from Oregon Dept of Admin Services (not pretty or well-formatted, but this guide does the trick without unnecessary bells and whistles).

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