Oregon Legal Research BlogThe Oregon Legislature is starting to hire for the upcoming 2015 Legislative Session.
For more information: Employment Opportunities at the Capitol
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Wonk Alert: Jobs (Oregon) State Legislature
Articles Posted in Legal News & Commentary
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Link Rot (404/File Not Found) Symposium: October 24, 2014
Symposium: 404/File Not Found: Link Rot, Legal Citation and Projects to Preserve Precedent:
“The Web is fluid and mutable, and this is a “feature” rather than a “bug”. But it also creates challenges in the legal environment (and elsewhere) when fixed content is necessary for legal writers to support their conclusions. Judges, attorneys, academics, and others using citations need systems and practices to preserve web content as it exists in a particular moment in time, and make it reliably available.
On October 24, 2014 Georgetown University Law Library in Washington, D.C. will host a symposium that explores the problem of link and reference rot.” [Link to symposium website.]
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Laughing Darkly: Human Frailty, Animal Comfort, Regulatory Food for Thought
Justice Bedsworth, in A Criminal Waste of Space, August 2014:
“Deciding Between Comfort Animals and Comfort Food,” by Justice William W. Bedsworth
Excerpt: “Edward O. Wilson is a biologist. A very perceptive biologist. He sums up the human condition this way, “We have Paleolithic emotions, medieval institutions, and god-like technology.”
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Rotten World of Legal Citation: Link Rot and Reference Rot
Excerpt: “Rotten World of Legal Citation,” July 31st, 2014 by sadavis:
In the past few years, the issue of link rot has become a growing concern in relation to broken links in legal citations, most notably in U.S. Supreme Court decisions. Two articles that discuss this problem in detail are:
1) Raizel Liebler & June Liebert, Something Rotten in the State of Legal Citation: The Life of a United States Supreme Court Citation Containing an Internet Link (1996-2010), 15 Yale J.L. & Tech. 273 (2013). Available at http://yjolt.org/sites/default/files/Something_Rotten_in_Legal_Citation.pdf (finding that 29% of websites cited in US Supreme Court opinions no longer worked);
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Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc. (CRS Report)
“Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc.,” by Cynthia Brougher, Legislative Attorney
July 23, 2014.
Hat tip to BeSpacific.
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Access to Justice? “Change afoot in American civil justice system” (Legal Rebels)
“Change afoot in American civil justice system,” Jul 22, 2014, by Rebecca Love Kourlis (former justice of the Colorado Supreme Court).
Excerpt:
“…. Due process in the American civil justice system is like sweet green grass: It is essential to our lifeblood, but too much can be deadly. Beginning in 2008, the profession began to sound the alarm that the civil justice system was indeed in danger of foundering. The ABA Section of Litigation was part of that chorus. More than 3,000 members of the section participated in a survey (PDF), which found that:
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“Airbnb guest won’t leave, forcing condo owner to begin eviction proceedings” (ABA News)
ABA Journal News posted this story from California: “Airbnb guest won’t leave, forcing condo owner to begin eviction proceedings” Don’t forget to read all the Comments. Legal remedies will vary from state to state. Please check with a lawyer before becoming a landlord or “hotelier” or “BnB-er” – and especially when “just” renting out to a relative (in-law or otherwise).
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Can Lawyers Copyright their Briefs (so to speak): Think “Fair Use”
Link to case and commentary from LLB2: “Court Holds West, Lexis Legal Briefs Offering Is Fair Use”
Re: White v. West Publishing Company and Reed Elsevier (USDC Southern District NY) (12 Civ. 1340 (JSR)), decided 7/3/14.
Excerpt from blog post: “One of the running issues I had been following is the attempt to copyright legal briefs with the intention to gain royalties or prevent others from using them. The particular case that litigates the issue is White v. West Publishing Company and Reed Elsevier (USDC Southern District NY). District Judge Rakoff ruled that the use by West and Lexis is fair use….” [Link to full post and case.]
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Judicial Funding Cuts Inflict Widespread Economic Harm in Communities
ABA Journal News: Savings produced by court budget cuts are exceeded by harmful economic effects (white paper)
The white paper, “The Economics of Justice,” by Eric J. Magnuson, Steven M. Puiszis, Lisa M. Agrimonti, and Nicole S. Frank (DRI, 2014)
Press release: “DRI White Paper: Judicial Funding Cuts Inflict Widespread Economic Harm in Communities”
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Fastcase 50: What is Your Legal Legacy?
For inspiration and hope, visit the Fastcase 50: “Honoring the law’s smartest, most courageous inventors, techies, visionaries, & leaders.”