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Finding the history of a judicial opinion or a statute is relatively straightforward, if only because we do that research so often. This is not the situation when researching the history of a regulation or other administrative rule, especially at the state level.

Also, most of the time we’re looking to update the law (regulation, case, or statute), that is finding out how the particular law reads today, not what it said 10 years ago or how it got to be what it is now, that is, what happened x years ago that made the rule change to what it is now.

So, how do you find the history of an Oregon administrative rule?

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This is a shortlist of some basic, and frequently overlooked, Oregon legal research resources (and one non-Oregon title), for the new Oregon attorney or legal researcher. Most of these are in print version only, not online.

You don’t need to buy these, but you should know about them. Your local law library will either have or have access to the titles that are in print only.

1) Legal Information Buyer’s Guide & Reference Manual, by Ken Svengalis (updated annually, not online)
2) Oregon Legal Research, 2d edition (2007), by Suzanne e. Rowe (not online) (previous edition also useful)
3) Oregon Judicial Department Style Manual (print edition is dated 2002 and online 2002 edition is updated periodically at the OJD website)
4) Attorney General’s Administrative Law Manual and Uniform and Model Rules of Procedure under the APA (not online)
5) Oregon Public Records Manual (not online in full)
6) Other important Oregon AG Office publications
7) Oregon Practice Materials, from the University of Oregon Scholars Bank

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Lots of people clip coupons, swallow pills, or spend hours scanning the “over-the-counter pharmacy” shelves at the store, without doing their homework first. How do you know that product is safe or if you really want that one rather than another one (or none at all)?

Consumer, or shopping, homework doesn’t just mean reading the ads or looking for “reviews” on the web. How do you know those reviews are for real? Who is comparing the product and to what? Is the price offered one that give you “good value?”

For example, the latest issue of Consumer Reports (September 2009) has articles that will definitely save you money and maybe your life or your health, your financial and your physical health.

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In the late 70’s through 1980’s Oregon county counsel attorneys prepared formal opinions on significant issues, sort of like Oregon Attorney General opinions. These opinions were open to the public, but used infrequently because many were soon out of date and potentially misleading to those who didn’t work with these sorts of documents on a regular basis.

If you need a particular county counsel opinion, ask a staff member in your county counsel’s office. They may have a list or an index of their opinions.

These “formal” opinions are different from other written memos, analysis, etc. that county counsel attorneys write. The latter are generally covered by the attorney-client privilege unless the client waives it. In most cases the client does use it publicly and waives – but that is determined on a case by case basis.

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The Pacific Northwest Paralegal Association (PNPA) is offering this course:

An ethics program, Confidentiality: A Responsibility of Legal Staff, presented by Beverly Michaelis, JD, of the Professional Liability Fund. The registration form is available at http://www.blogger.com/www.pnwpa.org. The registration deadline is Friday, August 14th, 2009.

(Always confirm date and time shortly before any scheduled event).

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Law Librarian blog post: Orphan Works: A Statement of Best Practices links to the report (PDF) from the Society of American Archivists.

There is another post about this on a July 22, 2009 post at the Library Law blog: At last! Guidance for users of Orphan Works

(And while you’re at that blog, don’t miss Peter Hirtle’s July 5, 2009 post on: They Myth of the pre-1923 Public Domain)

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BTA wants to hear from riders AND non-riders, so have at it.

Act soon – it’s anyone’s guess how long the Survey will be kept up on the website.

1) Portland Tribune story: Group seeks opinions on region’s bike issues: Bicycle Transportation Alliance conducting online survey, The Portland Tribune, Aug 4, 2009

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Driving canines, flip-flopping on the gas peddle, beating a breathalyzer (with a penny?), and much more —at Seattle911, a police blog.

As little as we know about our own (Oregon) city or state’s traffic laws, we know even less about our destination city’s laws.

So, if you’re heading to Seattle (or anywhere in Washington State, for that matter), here is some wonderful Q & A to read before venturing out in your car, on your bicycle, or even at all: KCLL Klues blogs about Seattle traffic law Question & Answer websites: Conveyance Quandry? Consult a Traffic Blog!

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Oregon’s Occupational Safety and Health Administration’s (OHSA) August newsletter is out.

Three noteworthy stories:

1) “A fine danger: Controlling silica dust, by Melanie Mesaros (page 4):

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