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Articles Posted in General Legal Research Resources
A Human Book, not an eBook: What if You Could Borrow a Legal Scholar (from your library) for an Hour?
I loved this story. It’s not the first time a library has offered this service, but it becomes more intriguing every time I hear about the service. I live in a region of the country that is rich in great people and excellent public libraries, but every community has fascinating people and maybe even a small library could do this. Maybe one could even Rent-a-Lawyer to raise money for a good cause?
Library of humans: Guelph University lends people for 30-minute talks on prejudice, by Macleans.ca, March 5th, 2010
‘When Chris Langley volunteered to help out with a project at his university library last year, he didn’t imagine he’d wind up becoming a book. The 25-year-old master’s student was intrigued by the notion of a human library, a space in which prospective readers scheduled half-hour time slots with real people and engaged in direct conversations about prejudice.
Can a Judge Keep an Opinion out of Westlaw and Lexis?
From Legal Research Plus: Judge says keep this opinion out of Westlaw and Lexis
” On December 21, 2009 Judge A. Howard Matz, of the United States District Court for the Central District of California, issued an 7-page order in the case of POM Wonderful LLC v. Welch Foods, Inc.. This opinion includes, among other things, a discussion of standing under the California Unfair Competition Act and the California False Advertising Act. At the end of the document, the judge writes: “This Order is not intended for publication or for inclusion in the databases of Westlaw or LEXIS.” (emphasis mine)…” (link to full blog post)
The Comment to the blog post notes that the order does appear on Westlaw, though not on Lexis, at least at the time of the posting of the Comment.
West (Thomson-Reuters) Shipping Empty Boxes
As much as this sounds like something from The Onion, it’s not! Of course the fact that it is a true story makes it all the funnier.
Apparently, perhaps in an attempt to reduce shipping costs or lower the injury rate among mail and stockroom employees and mail carriers, Thomson-Reuters is shipping empty boxes to their customers.
Is it a deep plot, maybe to encourage law librarians to pack up, move away, and stop crabbing about big publishers and their antics?
Oregon Supreme Court: Letter Opinion NOT an Order
There are a number of procedural twists and turns to follow, so please read the entire case:
McCollum V. Kmart (SC S057609) (En Banc), filed February 19, 2010:
Excerpts: “This is a personal injury case in which defendant appealed an order granting plaintiff a new trial. The Court of Appeals determined that the trial court’s stated grounds for ordering a new trial, as well as certain alternative grounds urged by plaintiff to support the order, were not adequate bases for that relief. McCollum v. Kmart Corporation, 228 Or App 101, 207 P3d 1200 (2009) (McCollum II). The Court of Appeals therefore reversed the trial court’s order and remanded with instructions to reinstate the judgment for defendant. Id. at 123….
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On December 4, 2006, the trial court signed and filed an order granting plaintiff’s motion for new trial. On that same date, the trial court also signed and filed a letter opinion addressed to counsel for the parties in which the court explained the basis for its decision. On the second and last page of the letter opinion, the letter stated: “Enclosed is a conformed copy of the Court’s Order Allowing New Trial.” The letter also had the notation “enclosure” in a footer on the last page.
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The other issue that has arisen with some frequency is what form of document will constitute an “order.” More specifically, the question has been whether a memorandum (or letter) opinion constitutes an order. This court’s answer has been: it does not. Ernst, 208 Or at 451. In Ernst, we reasoned that, in general, an opinion (written or oral) is not the equivalent of an order. Id. (citing cases). Moreover, an appeal can be taken only from a “final appealable order,” not from an “opinion.” Id.
Oregon and Prosecutorial Error: Richard Lee Simmons
Richard Lee Simmons: Pursuit Of Justice: A lawyer fights for a young man he says was wrongly prosecuted, by Karen McCowan, The Register-Guard, Appeared in print: Monday, Feb 8, 2010:
Excerpt: “A small-town Oregon lawyer remains so outraged over what prosecutors did to a Central Oregon teenager in 2006 that he intends to go all the way to the U.S. Supreme Court to seek redress.
For now, University of Oregon Law School graduate Steve Richkind, aided by several current students at the school, is asking the 9th Circuit U.S. Court of Appeals to allow him to press a $3.5 million civil rights lawsuit against state prosecutors on behalf of Richard Lee Simmons….
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Defamation in Church: Tubra v. Cook (Oregon)
In a January 27th, 2010, opinion, the Oregon Court of Appeals decided:
Tim Tubra v. John Michael Cooke and Ron Swor and the International Church Of The Foursquare Gospel, (A134332):
The American Way: Speaking Out, Advocacy, Whining, Snipping, and Ranting
U.S. Presidents have been speaking out to members of Congress for a long time, and vice versa. Supreme Court Justices speak out every week, at the very least, and members of Congress get to have their say every minute of every day, or so it seems.
So, why the fuss when they disagree (e.g. making faces or outbursts)? It’s often about manners (e.g.), or history, or protocol, or even just frustration. Sometimes it’s about maturity and gravitas and mental health and sometimes it’s just about childish behavior. It might help if we had a Question Time where members of Congress could get it all out their systems, but that’s their own fault. If members of Congress wanted a Question Time, they could make that happen (House and Senate).
But we can all speak out. Isn’t that what America is about?
Business Lawyering Certificate in Oregon (Willamette University – Portland)
Certificate in Business Lawyering at Willamette University Portland Center (1120 NW Couch Street, Suite 450, Portland, Oregon)
“The Certificate in Business Lawyering (CBL) program offers a structured approach to business that provides the tools, resources and concepts to increase an attorney’s value and productivity. Become a better lawyer by thinking about business issues the way business decision-makers think about them. Prepare to be a partner or general counsel by building your expertise in the business side of your profession….
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The Certificate in Business Lawyering consists of eight, day-long sessions delivered over eight months where participants can earn a certificate of completion and up to 55 CLEs (including ethics and practical skills CLE’s that can be converted to General CLE’s; WBA CLE’s subject to approval). The program repeats annually….” (link to full program information)
Legal Research Database Interface-Hoopla: Westlaw, Lexis, and Beyond
Not unlike the iPad rollout, the new-interface rollouts for Lexis (aka New Lexis) and Westlaw (aka Westsearch or WestlawNext) are creating a lot of buzz.
Whether or not there is substance, improvement, change, or anything worthy of all the hoopla remains to be seen. We remain hopeful, although some of us still pine for the precision and speed of the old Westlaw (aka native Westlaw).
Law librarians, and librarians generally, are skeptical people by nature and training, usually reserving judgment until we see if performance matches hype. We also look askance when someone (Lexis and Westlaw aren’t the first and won’t be the last) says that their new search engine is “Just Like Google.”