Articles Posted in United States Federal Resources

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This National Law Journal article about the case, Stop the Beach Renourishment v. Florida (S. Ct. Docket number: 08-1151) caught my eye:

“Setting boundaries for property rights: The Supreme Court will decide whether Florida ran roughshod over beachfront landholders,” by Timothy Sandefur, August 31, 2009

Excerpts: ‘The U.S. Supreme Court surprised many when it decided it would review an unusual Florida property rights dispute this fall. That case, Stop the Beach Renourishment v. Florida, involves some of the most profound questions about the judiciary’s role in protecting private property rights.
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The King County (WA) Law Library has an excellent: Debt Collection Lawsuit Research Guide. The state law links are to Washington State laws, but the other information and federal law links apply to everyone. There is also a podcast with additional information on this subject.

Excerpt from the research guide: “What is a Debt Collection Lawsuit?

A debt is a sum of money owed by one person to another. A lawsuit is a legal action by one person or entity against another person or entity, which is decided in a court of law. A debt collection lawsuit is started in a court by a “cause of action” as the particular amount of money owed. The person or entity starting the lawsuit is the plaintiff. (Definition from: http://dictionary.law.com/).

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You might think that these are all online, but they are not! Here are the briefs research guides I use:

1) Tried and true, if you are near a library with this print set: Gerhard Casper and Kathleen M. Sullivan, eds., “Landmark Briefs and Arguments of the Supreme Court of the United States: Constitutional Law”

2) Library of Congress guide

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Why should Oregon (and some other states) federal District Court cases be available only to people with access to paid subscription databases such as PACER, Lexis, Westlaw, etc.?

With all the loose (i.e. uninformed) talk about “it’s all online” and PACER possibly becoming free and open (with all those unredacted documents – maybe yours?), I expected to find all judicial opinions, or at least federal court opinions (they have bigger budgets than the states) online.

I started looking for something fairly benign, like our very own Oregon federal District Court judicial opinions and found that no, U.S. District Court of Oregon cases are NOT available on a free, public website. Not on Findlaw, LexisOne, PLoL, Justia, or anywhere else. You might be able to find a few selected cases, but not an official database (and authentic) with a complete sequence of up-to-date cases, searchable or otherwise.

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For a detailed description of the statutory and administrative framework for the regulation of funeral services, read this recent Oregon Court of Appeals case:

Olson v. State Mortuary And Cemetery Board (A136781)

Judge Landau: “… On review, petitioners advance eight different assignments of error, ranging from a challenge to the authority of the board to enforce federal funeral service regulations at all to arguments about the propriety of the board’s interpretation and application of state and federal funeral service regulations in various particulars. We reject each of petitioners’ assignments of error and affirm....” (read full case)

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More free legal information – hurrah! See King County Law Library blog, KCLL Klues:

Free Federal Case Dockets Online

FreeCourtDockets dot com provides free court dockets from PACER (except for the U.S. Supreme Court, whose dockets originates from their own database). You must register (see their introductory information page) for access instructions.

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See March 18, 2010, OLR blog post for updated links.

The Servicemembers Civil Relief Act (SCRA) affects every litigant, lawyer, and judge. Ignore it at your peril.

Two SCRA laws that apply to Oregonians, one federal and one Oregon:

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U.S. Supreme Court questions someone will ask about and that we will want to find quickly.

These can all be found at the U.S. Supreme Court’s 2008 Term webpage:

1) The “firefighters” case, aka the “new haven firefighters case”: Ricci V. DeStefano, 07-1428 (decided 6/29/09)

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Another reminder that there are no quick fixes or free lunches in the world of finance, law, consumer protection, or living a long and healthy life:

beSpacific alerts us to two new GAO reports on reverse mortgage consumer protection issues:

1) Reverse Mortgages: Product Complexity and Consumer Protection Issues Underscore Need for Improved Controls over Counseling for Borrowers, GAO-09-606, June 29, 2009

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