The words “estate planning” can evoke a wide variety of reactions. To some folks, the words are an unpleasant reminder of death’s inevitability, triggering anxiety and the all too understandable tendency to avoid the subject altogether. To others, those of a perhaps more sanguine disposition, the subject might merit consideration but only by “people with money”; i.e., not them. Still others, who have taken prudence to heart and already made a will, the subject may … Read more
Aug 11, 2016
Aug 3, 2016
In a recent case the Oregon Court of Appeals held that just because it appeared that the petitioner was not actually guilty of the crimes to which he pled guilty, there was no reason to let him out of prison before he had served his full term.
In the case, Hardin v. Popoff, 279 Or App 290 (2016), the petitioner had pled guilty in 2007 to four counts of encouraging child sexual abuse based on … Read more
Aug 2, 2016
We’re all familiar with those signs in retail shops selling fragile items that say, “If you break it, you buy it.” No one protests that rule or insists on a discount to the wholesale price the store paid to acquire the item it was selling. After all, when the item was broken the store not only lost what it had paid for the broken item, but also for its overhead, display, promotion of that item, … Read more
Jul 27, 2016
You Can’t Kill the Cow to Get More Milk – Oregon’s Measure 97 and the Destructive Impulse to Over Tax
Winston Churchill described the art of intelligent taxation as knowing how to keep the cow healthy and alive so as to maximize its milk production. The prime directive of good policy is to not kill the cow. If the cow dies, there’s no more milk. Without the milk of tax income, government can’t live. In Oregon the cow’s health, if not its life, is now in peril.
Unfortunately, government’s insatiable appetite often tempts it to … Read more
Jul 19, 2016
The U.S. Department of Labor (DOL) has issued new rules governing overtime pay which will automatically extend eligibility for overtime pay to an estimated 4.2 million workers. Under the new rules, which will take effect on December 1, 2016, most salaried workers earning less than $913.00 a week ($47,476.00 annually) will be entitled to collect overtime pay. This newly prescribed salary level is more than double the current amount ($455.00 per week or $23,660.00 per … Read more
Jun 28, 2016
Have you ever wondered why the streets and roads seem increasingly clogged, the traffic more and more congested? Did you ever wonder if the City just doesn’t want to ever fix the potholes no matter how much money it has to spend on art, bike paths, employee perks and bridges for every means of travel except the cars we actually use most? In fact, streets and roads are regularly redesigned to impede the flow of … Read more
Beginning July 1, 2016 Oregon has two different minimum wage rates depending on where in the state an employee works. Here is the link to the Oregon Bureau of Labor and Industries (“BOLI”) summary of which minimum wage rate must be paid where in Oregon.
Jun 16, 2016
Most people probably associate the words “guardian” and “conservator” with individuals who are appointed by a court to assist someone else who is, for any number of reasons, incapable of managing life on his or her own. Indeed, we have established court proceedings in which a judge can appoint a guardian to oversee and protect the wellbeing of a minor or an adult who is incapacitated because of some physical, mental or emotional disability. Likewise, … Read more
Jun 13, 2016
Congress often delegates its legislative authority to administrative agencies which exercise that authority to revise, interpret and define legislation. The increasing volume of such administration has caused one federal circuit court to note that even the government agencies were apparently incapable of knowing what their own “law” is.
One recent case the appellate court panel noted took the court,
“. . . to a strange world where the government itself – the very ‘expert’ agency … Read more