Articles Posted in Legal Subject Area Guides

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Whether you’re researching juvenile sex offender laws or marijuana taxation or jails or something in between, you will want to use an Index, that is, “indexes to periodical literature,” including magazine, journal, newsletter, and other print and online specialty or general publications indexes.

Indexes save you time, lots of time, and enable to you to locate articles you might otherwise miss if you search only full-text resources or simply “Google” a subject.

Most of the following indexes are online, but none is free online, although one or more may be “free” to institutional members, e.g. public library cardholders, educational institution students, staff, and faculty, and professional associations, to name a few groups that offer no-charge online index and other database and literature searching to their members.

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Hot on the heels of the June 30, 2010, Oregon Court of Appeals Court case on Miranda warnings, comes this July 1, 2010, Oregon Supreme Court case:

State of Oregon v. Hyatt Robin Vondehn (SC S056371):

Media Release excerpt: “Today the Oregon Supreme Court held that Article I, section 12, of the Oregon Constitution requires the police to give Miranda warnings before they conduct custodial interrogation to ensure that a suspect’s decision to waive the right against self-incrimination is both knowing and voluntary. When the police fail to give Miranda warnings, they violate the Oregon Constitution and the state is precluded from using either statements that a suspect makes or physical evidence derived from that constitutional violation to prosecute a defendant. The court also held that when the police do not administer Miranda warnings at the onset of a custodial interrogation, but later correct course and deliver the required warnings, the state must establish that the belated warnings effectively and accurately inform the defendant of his or her rights to remain silent and to counsel under the Oregon Constitution….” (Link to July 1, 2010, Media Release.) (Link to full case.)

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Did you know that many police officers are advised and trained not to recite Miranda Warnings (see also about Ernesto Miranda) but instead to read them to the person who has been arrested? (Even if the officer can recite “Miranda Warnings” by heart, and most can, they are not infrequently advised to read them from a printed card, primarily to avoid any dispute over dropped words or phrases, however inadvertent.)

The June 30, 2010, Oregon Court of Appeals case, State v. Gardner (A139006), addresses the issue of Miranda warnings in Oregon:

See the OJD Media Release, June 30, 2010, for a summary or the full-text of the opinion.

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I’m not big on buying stuff, especially stuff that eats, so am not inclined to feel acquisitive or broody when I see a cute critter, but apparently it’s a real problem in the real world (i.e. the non-bibliophile world – we apparently covet only time to read – and maybe Hood strawberries and Ranier Cherries.)

This was an interesting Oregonian story:

“Jane Hartline shifts focus from the Oregon Zoo to discouraging ownership of exotic pets, Monday, June 28, 2010:

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One possible answer to a frequently asked question in public law libraries: “Can I appeal my license suspension?”

(Hurrah for the web. It was a lot harder in the “old days” to find this info. (But keep in mind, that it costs a whole lot more to maintain useful government websites than it took to answer telephones and print a directory or phonebook listing.))
Oregon DMV Administrative Review

“Many people who receive a notice of suspension, revocation or cancellation from DMV are entitled to an Administrative Review. The notice you received from DMV will indicate if you are entitled to one (see below to learn how to request an Administrative Review).

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I was looking at the Dykema law firm’s website and saw that they posted (with permission) this interesting article on the IACA:

“Little Known Statute Can Create Staggering Liability.”

(You can also link to it from the Dykema Publications webpage, but however you read it (and other articles), please, please respect and observe copyright laws before copying, which you can do only with permission unless otherwise noted. In a nutshell, the more respect for copyright law, the more free content. The more abuse … say goodbye to free content.)

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Mail Tribune, Inc. v. Winters (A139107) (See also Court of Appeals Media Release dated 6/23/10)

Excerpt:

“The Jackson County Sheriff appeals a judgment declaring that all concealed handgun licenses issued by the Sheriff of Jackson County are public records and ordering the sheriff to disclose a list of all concealed handgun licenses issued in the county in 2006 and 2007. On de novo review, ORS 192.490(1); ORS 19.415(3) (2007),(1) we affirm, because the requested documents are public records and the sheriff failed to establish that the public records are exempt from disclosure. ORS 192.410-192.529; see Guard Publishing Co. v. Lane County School Dist., 310 Or 32, 39, 791 P2d 854 (1990) (disclosure of public records is the rule and public bodies must prove individualized bases for exemptions)….” (Link to full case.)

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It’s not often you hear (read) the Oregon Court of Appeals split the infinitive and use the phrase “fry the chip” in the same sentence. (See below *)

(Yes, yes, we know that it is OK to split infinitives, but that doesn’t mean we can’t get a little humor-mileage out of them when they pop up, so to speak, especially when frying chips.)

State v. Nix (A138483) (See also Court of Appeals Media Release dated 6/23/10)

HASELTON, P. J.

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Holly Anne Gibbons, an Oregon lawyer, has written a practical article (Introduction) on “Incorporating Animal Law into Private Practice,” in the Lewis & Clark Law School journal, Animal Law Review, volume 16, issue 2, 2010, pp. 207-211. (ALR is not free, online. Print copies of articles are available from library subscribers or online from aggregators.)

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The Oregon Court of Appeals, June 16, 2010, case Willis V. Winters (A139875) about controlled substances and guns:

“Wollheim, P. J.

Respondent, the Jackson County Sheriff, appeals a judgment of the circuit court that ordered him to renew a concealed handgun license issued to petitioner, a medical marijuana user. The sheriff concedes that petitioner met the requirements for issuance of a concealed handgun license set forth in ORS 166.291. He nevertheless asserts that Oregon’s concealed handgun licensing statutes are preempted by federal law in this instance, because “an unlawful user * * * of any controlled substance” cannot lawfully possess a firearm under 18 USC section 922(g) of the federal Gun Control Act.(1) The circuit court rejected the sheriff’s preemption argument and ordered him to issue a renewal of petitioner’s concealed handgun license. We agree with the circuit court’s conclusion that federal law does not preempt this state’s concealed handgun licensing statutes, and we therefore affirm…. “ Link to Media Releases or full-text)

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