Tag: Legal Research

BarBooks™ Wins International Award

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The Road to Relaunch

ACLEA Award of Professional Excellence in the Technology Category for BarBooks RelaunchOn June 8, 2022, the BarBooks™ online library relaunched on a new, more user-friendly platform called Qweri by Lexum, Inc. The relaunch was the culmination of several years of work by the Legal Publications Department.

Lexum, Inc. was among the exhibitors at the 2018 ACLEA (Association for Continuing Legal Education) Annual Meeting in Portland, Oregon. After viewing the demo offered, Linda Kruschke, the OSB Legal Publications Manager, began the process of exploring whether Lexum’s Qweri product was the best option for a new BarBooks platform. Lexum provided links to other resources that were offered on Qweri, answered a myriad of questions, and even set up a test site for OSB to upload books to Qweri to determine if it was a good fit.

In August 2021, the OSB signed a contract to move forward with the project with a tentative launch date of 2Q 2022. BarBooks was relaunched on June 8, 2022, on time and in budget, on the Qweri platform. Continue reading →

Making the Most of BarBooks Notes

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The BarBooks™ online library provides Oregon State Bar members, law students, and libraries with a wealth of information. It comprises 48 legal treatises, most of which are published by the OSB Legal Publications Department in conjunction with a myriad of volunteer authors and editorial review boards.

We can revise our treatises only as often as Bar staff resources allow. However, the new BarBooks platform has given us a tool to provide more frequent updates to our books: the Notes feature. Continue reading →

BarBooks Webinar

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We relaunched the BarBooks™ online library on a new platform on June 8, 2022. Many members and subscribers dived right in and started using the new platform without any trouble. Others have struggled to navigate the change. Whether you fall in the first category, the second category, or somewhere in between, the BarBooks Ins and Outs webinar scheduled for November 30, noon to 1:00 p.m. will help you make the most of your BarBooks research experience. Continue reading →

Legal Websites on Criminal Law

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In preparation for the upcoming release of the 2022 revision of Criminal Law in Oregon, we decided to share a few blogs and websites related to criminal law matters. These sites were gleaned from chapters of the new revision and a basic Google search for criminal law blogs. We do not guarantee the accuracy of the information contained in these sites, which can change over time. Many of these links and more are included in the new edition of Criminal Law in Oregon. Continue reading →

BarBooks™ Online Library to Level Up on June 8

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Coming June 8 at Noon: The next level of the BarBooks™ online library.
The interface will be new, but the award-winning library you are familiar with will remain the same. A generous grant from the Professional Liability Fund made this upgrade possible.

Continue reading →

Oregon Real Estate Deskbook Wins Award

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OSB Legal Publications has once again been recognized for our commitment to publishing quality legal resources. We received an award for a book we released in 2015.

The Association for Continuing Legal Education (ACLEA) has selected Oregon Real Estate Deskbook as the winner of its ACLEA’s Best Award of Outstanding Achievement in Publications. A plaque commemorating the award was presented at ACLEA’s Annual Meeting in Seattle, Washington in August and is on display in the lobby of the OSB Center.

Of course, Legal Pubs couldn’t have created this highly informative and innovative book without the help of our many volunteer editorial board members (in bold) and authors: Thomas E. Bahrman, Dustin R. Klinger, Andrew I. Davis, Dina E. Alexander, Peter R. Jarvis, Lee Aronson, Patricia A. Ihnat, C. Cleveland Abbe, Dean P. Gisvold, Jonathan M. Radmacher, Michael G. Magnus, Michelle D. Da Rosa, Robert W. Wilkinson, Amy Heverly, Damien R. Hall, Mark A. Manulik, Paul B. Barton, John B. Benazzi, Rebecca S. Schwarzkopf, Don G. Carter , Jeffrey S. Davis, Benjamin Leedy, Thomas S. Hillier, Christopher R. Ambrose, John A. Lusky, Jonathon L. Goodling, Valerie Athena Tomasi, Marisol Ricoy McAllister, Eleanor A. DuBay, Cody Hoesly, Steven A. Moore, Barry L. Groce, Bennett H. Goldstein, Brent Summers, Jason Alexander, Mike G. Halligan, Rich Canaday, Ryan Nisle, James M. Walker, Charles M. Greeff, Mike Silvey, Jeremy Bader, Thomas S. Smith, Kimberly McCullough, Richard Bailey, Robert W. Wilkinson, Jacob A. Zahniser, P. Stephen Russell III, Rebecca Biermann Tom, Howard M. Feuerstein , Steven F. Hill, Hong N. Huynh, Jennie Bricker, David E. Filippi, Kirk B. Maag, Jerry R. Fish, Eric L. Martin, Christopher C. Criglow, Greg Fullem, Richard Allan, Phillip E. Grillo, Lauren E. Johnson, Phillip C. Querin, William D. Miner, Kathleen L. Wilde, Clifton Molatore, Jeanne Kallage Sinnott, David W. Hercher, John Casey Mills, Teresa H. Pearson, William H. Caffee, Ann E. McQuesten, Jim L. Guse, Ronald A. Shellan, Jeneé (Gifford) Hilliard, John H. Gadon, Adam C. Kobos, Eric J. Kodesch, William F. (Fritz) Paulus, Edwin C. Perry, Neil N. Olsen, Sean M. Mazorol, Jill S. Gelineau, Marilyn Moylan Wall, Harold D. Gillis, Alexandra E. Sosnkowski, Robert R. Griffith, Alec J. Shebiel, and Michael H. McGean. Thanks to all of you for your hard work and dedication to this volunteer effort.

For many years, the Oregon State Bar published a loosely related series of real estate books, each published at different times, with different editorial boards, and with a different focus. In addition, we published a book titled Foreclosing Security Interests, which included real estate foreclosure topics.

In late 2012, we assembled a new editorial board interested in a complete reorganization of the series into a comprehensive multi-volume deskbook designed to meet the evolving needs of Oregon real estate attorneys. The editorial board represented a cross-section of the varied practice areas within real estate law. The board members reviewed all of the existing chapters of the real estate series as well as the Foreclosing Security Interests chapters. They identified topics that were covered in different ways in multiple chapters of the existing series and combined them; identified several topics that were no longer relevant and eliminated those chapters; determined that there were 11 additional topics not covered before that needed to be added; and logically organized the 66 chapters based on the order in which they would likely be encountered by the practitioner.

Oregon Real Estate Deskbook was designed to support Oregon attorneys in their role as legal counselor in real estate transactions where nonlawyers are increasingly playing a leading role. Whether the attorney is a recent law grad or a seasoned attorney, there is something in here for them. This publication was made possible only through the extra­ordinary dedication and gratuitous contribution of time and talent offered by over 90 Oregon attorneys. The accomplished attorneys who drafted each chapter offered their insights—starting with an over­view of the particular practice area and drilling down into the most relevant details that practicing attorneys are likely to encounter in their practice. The authors included forms and practice tips where appropriate. They also provided references to other resources, which are often helpful springboards when greater depth of understanding in a nuanced area of the law is necessary.

Oregon Real Estate Deskbook is available on BarBooks™ to all Oregon Bar members or for purchase in print at the Bar’s online bookstore.

Damages (2016 Revision): Later, but Better

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by Dean Land, Legal Publications Attorney Editor

During our editing process here in the OSB Legal Publications Department, it’s not uncommon for the Oregon appellate courts to issue an opinion that affects the book that we’re working on. Sometimes, the effect is limited to a minor issue in one or two chapters. Other times, the effect is much broader (like when State v. Gaines, 346 Or 160 (2009), came down just as we were finishing Interpreting Oregon Law). Although it may delay publication, we’d much rather have such a case come down during the editing process than after we go to print. That way, instead of having a book that is immediately outdated, we can make the required edits and provide the Bar an up-to-date legal resource.

As we approach our deadline for the 2016 edition of Damages, the Oregon Supreme Court has indulged us once again, this time by issuing its opinion in Horton v. OHSU, 359 Or 168 (May 5, 2016). In a lengthy decision (140 pages in the Advance Sheets, including concurring and dissenting opinions), the court altered its interpretation of two provisions of the Oregon Constitution and, in doing so, overruled two significant prior decisions.

Before Horton, the court’s analysis of the Remedy Clause of Article I, section 10, was governed by Smothers v. Gresham Transfer, Inc., 332 Or 83 (2001). Under Smothers, the court asked whether Oregon common law, as it stood in 1857 (when the Oregon Constitution was drafted), recognized a cause of action for the plaintiff’s alleged injury. If so, then the Remedy Clause required a constitutionally adequate remedy for that injury. Horton overruled Smothers and disavowed the bright-line rule that protected common-law causes of action that existed in 1857 but offered no protection for causes of action that did not exist in 1857. In place of the Smothers methodology, the court created a framework that considers “the extent to which the legislature [in altering a common-law remedy] has departed from the common-law model measured against its reasons for doing so.” Horton, 359 Or at 220.

Horton also changed the analysis of Article I, section 17, which protects the right to a jury trial in civil cases. Under Lakin v. Senco Products, Inc., 329 Or 62, modified, 329 Or 369 (1999), if Oregon common law in 1857 recognized a cause of action, then Article I, section 17, prevented the trial court from reducing a jury verdict. Thus statutory caps on damages, such as those of the Oregon Tort Claims Act, were inapplicable to those causes of action. Horton overruled Lakin, deciding instead that Article I, section 17, guarantees only a procedural right to a jury for causes of action recognized by Oregon common law in 1857. It does not impose any substantive limits on the legislature’s authority to limit damages for a claim.

Horton affected seven chapters in Damages and required a bit of scrambling on our part. Our in-house editors read the opinion, revised the affected chapters, and sent them back to the authors and the editorial review board for approval and any additional changes. (One exasperated author commented that Horton came down just as he was beginning to understand Smothers.) In the end, though, the new edition of Damages will be more helpful to practitioners because it includes the changes wrought by Horton. Thanks to all our authors and the editorial review board for the extra effort!

The Remaking of the Oregon Real Estate Deskbook

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The editorial board for the upcoming Oregon Real Estate Deskbook has reorganized the five current real estate series books, combining chapters that covered the same topics and planning the addition of new chapters to touch on topics not addressed before.  The editorial board also determined that four chapters from Foreclosing Security Interests more logically fit within a comprehensive real estate deskbook.  The new five-volume book will be available soon, available to purchase as a complete set or as individual volumes.  Watch for information on preordering a copy of this publication to take advantage of an early discount.  The Oregon Real Estate Deskbook is a work in progress, with chapters being posted online as they become ready.

Taking a Look at the Dreaded Bluebook: Part Two

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By Ian Pisarcik, Legal Publications Attorney Editor

For part two of our look at some of the more commonly ignored or misinterpreted rules found in The Bluebook: A Uniform System of Citation, I want to address Internet citations. Perhaps more than any other type of citation, Internet citations seem to give attorneys trouble. Part of this is because the general rule dealing with Internet citations (Rule 18) was revised considerably between the eighteenth and nineteenth edition. Another factor is that the Oregon Appellate Courts Style Manual provides little guidance on the topic. With these things in mind, here are four rules to remember:

  1. Parallel Citations (Rule 18.2.3)

    The phrase “available at” should not be used to introduce all Internet citations. Rather, the phrase should be used only to introduce a parallel citation to an Internet source. A parallel citation to an Internet source is appropriate when the identical source is available in a printed medium, but a parallel citation to the Internet source will significantly improve access.

  2. Omitting the Institutional Author (Rule 18.2.2(a))

    The name of the author, when available, should generally be included in an Internet citation. However, when the author is an institutional author, the name of the institutional author should be omitted if domain ownership is clear from the website’s main title. Let’s look at the following citation: Or Dep’t of Fish and Wildlife, Hunter Reporting, Oregon Department of Fish and Wildlife, http://www.dfw.state.or.us/resources/licenses_regs/ (last visited Dec. 19, 2014). In this example, the domain ownership (Oregon Department of Fish and Wildlife) is clear from the website’s main title (Oregon Department of Fish and Wildlife) and thus the name of the institutional author should be omitted. Therefore, the citation becomes: Hunter Reporting, Oregon Department of Fish and Wildlife, http://www.dfw.state.or.us/resources/licenses_regs/ (last visited Dec. 19, 2014).

  3. Abbreviations (Rule 18.2.2(a), Rule 18.2.2(b)(i), Rule 15.1(d))

    In the previous example, the institutional author was abbreviated as “Or Dep’t of Fish and Wildlife,” yet the website’s main title remained “Oregon Department of Fish and Wildlife.” This is because the name of an institutional author should be abbreviated using tables T6 and T10, whereas main page titles should be abbreviated using table T13.

  4. Date (Rule 18.2.2(c))

    According to a 2002 study of federal appellate opinions, 84.6 percent of Internet citations in cases from 1997 were inaccessible in 2002; moreover, 34 percent of citations in cases from 2001 were already inaccessible by 2002. Because of this, and because websites are frequently being modified, it is important for an attorney to provide the date in an Internet citation. The date should be included after the main page title if the website contains a clear date associated with the cited material. If the website does not contain such a date, the date the website was last visited should be placed in a parenthetical after the URL. For example: Forest Land Protection Program, Oregon Department of Land Conservation and Development, www.oregon.gov/LCD/pages/forlandprot.aspx#Forest_Land_Protection (last visited Dec. 19, 2014).

Taking a Look at the Dreaded Bluebook

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By Ian Pisarcik, Legal Publications Attorney Editor

I have a confession to make: I like The Bluebook: A Uniform System of Citation. I actually think it’s well organized for the amount of information it contains, and I think there are good reasons behind many of the rules. Mary Whisner, a reference librarian at the University of Washington School of Law, provides a good example:

Most law reviews are paginated consecutively through a volume, so we can cite an article unambiguously by volume and page: 79 J.Name 36 (2003). But if a journal or magazine starts numbering with page one each issue within a volume, then the rule has to be different. Volume 79 of a given journal might have twelve different articles starting on page 36, so it makes sense instead to cite journals that are not paginated consecutively with the format: J.Name, June 2003, at 36.

I even sort of enjoy thumbing through The Bluebook. But, I realize most attorneys aren’t as nerdy enamored with The Bluebook as I am. I would wager that most attorneys are more likely to recognize the sentiments of Judge Richard Posner:

Needless to say, I have not read the nineteenth edition. I have dipped into it, much as one might dip one’s toes in a pail of freezing water. I am put in mind of Mr. Kurtz’s dying words in Heart of Darkness¾‘The horror! The horror!’¾and am tempted to end there.

Nevertheless, in the interest of making The Bluebook a more familiar (if not a more comfortable) place to visit, I thought I would take the next couple posts to point out a few rules I commonly see ignored or misinterpreted.

  1. Omissions (Rule 5.3)

    Omitting words when using quoted language can be tricky. Thus, attorneys should review Rule 5.3. In particular, attorneys should keep in mind that ellipsis should never be used when individual words are merely altered. Moreover, when omitting the end of a sentence, the punctuation at the end of the sentence must still follow the ellipses. This means that when the sentence ends in a period, the attorney will need to insert a total of four periods (e.g., “If land becomes disqualified on or after July 1, it will be assessed as farmland . . . .”).

  2. Introductory signals (Rule 1.3)

    When using more than one signal in a citation string, signals of the same type¾supportive, comparative, contradictory, or background¾must be strung together within a single citation sentence and separated by semicolons. On the other hand, signals of different types must be grouped in different citation sentences. Here’s an example: See Hope Vill., Inc. v. Dep’t of Revenue, 17 OTR 370 (2004); cf. Polk Cnty. v State Dep’t of Revenue, 14 OTR 566 (1999). See generally Gangle v. Dep’t of Revenue, 13 OTR 343 (1995). But see Catherine’s Residence, Inc. v. Dep’t of Revenue, State of Or, 14 OTR 500, 502 (1998).

  3. Signals as verbs (Rule 2.1(d))

    The word “see” should be italicized when it is being used as a signal, but not when it is part of a sentence (e.g., “For further discussion of special assessments, see chapter 57.”)

More next week . . .