We can expect the gun control debate to grow louder in the wake of the Las Vegas mass shooting on October 1, 2017. Shooter Stephen Paddock killed at least 58 people and injured nearly 500 others in the recent massacre. Proponents of stricter gun control will likely point to this shooting to plead for stricter regulation of our Second Amendment right to bear arms. Their rationale is that someone intent on mass killing would be … Read more
Oct 5, 2017
Oregon drivers should be ready for a stricter version of the hands-free device law to go into effect on October 1, 2017. The new law, based on House Bill 2597, expressly expands the hands-free driving law beyond merely phone conversations and texting while driving. The new law generally prohibits holding or using any mobile electronic device while driving without a hands-free accessory. For drivers under 18 of age, the law continues to prohibit the use … Read more
Sep 18, 2017
Many individuals and companies enter into contracts without fully understanding the terms. Often, neither party has clarity on what the contract requires in terms of performance standards, remedies for breach and whether unwritten terms can supplement the written contract.
This post is intended to provide a quick guide to some key terms and issues that are relevant in the area of contract law.
What is a contract and how is it formed?
In general, a … Read more
Aug 16, 2017
Oregon will be the first state in the U.S. to experience the total solar eclipse on August 21, 2017. Given the expected increase of traffic and tourism, the Oregon State Police would like to remind you that the eclipse is no excuse to break the law. For example, unless there is a genuine emergency or another exemption applies, you have no right to stop your car in traffic to get a better view. (See ORS … Read more
Aug 3, 2017
President Donald Trump announced his plan for reforming legal immigration on August 2, 2017. Senators Tom Cotton and David Perdue joined the President’s announcement of the new plan.
The new immigration plan is formally titled Reforming American Immigration for Strong Employment Act (RAISE Act). By selecting this title, the President and lawmakers appear to communicate their intent to improve American employment and give Americans a wage raise by limiting immigration.
Here are the … Read more
Jul 27, 2017
“Recently my advertising agency ended a long relationship with Lucky Strike cigarettes, and I’m relieved.” – Don Draper, “Mad Men”.
Like Don Draper “quitting” cigarettes, more lawmakers and health researchers are ready to fight the makers of OxyContin and other opioid painkillers.
In January 2017, the City of Everett, Washington filed a lawsuit against OxyContin maker Purdue Pharma. Purdue Pharma filed a motion to dismiss the lawsuit, and the court’s decision might come … Read more
Jul 13, 2017
The Fair Work Week Act: New Work Schedule Restrictions on the Horizon for Certain Oregon Workers and Employers
The Oregon legislature passed the Fair Work Week Act (SB 828) on June 29, 2017 and the potential new law awaits Governor Brown’s signature before implementation. If implemented, the new law would be the first of its kind adopted by a U.S. State.
Supporters claim passage of the Fair Work Week Act as a win for workers in the retail, hospitality and food service industries. Opponents of the Fair Work Week Act criticize … Read more
Jun 26, 2017
Must a Phone Make a Sound in Order to “Ring” Under Oregon Law? Yes, Says the Court of Appeals in a Ten-Page Open Letter to the State
In a win for statutory plain meaning, the Oregon Court of Appeals on May 24, 2017 reversed a defendant’s conviction for telephonic harassment because “the plain and unambiguous text of ORS 166.090(1)(b) requires the other person’s telephone ‘to ring,’ which we interpret to mean that the telephone must emit an audible sound.”
Like Humpty Dumpty in Lewis Carroll’s sequel to Alice’s Adventures in Wonderland, it seems that the Oregon Department of Justice (DOJ) attempted … Read more