Linda Kawaguchi Begins as Rinker Law Library Director

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1 SEPTEMBER 2012 CONTENTS Linda Kawaguchi..1 Darrow & W. O. Douglas Books Donation....1 CEB OnLAW...1 Donation.. 1 Harvard s Widener Library Card Catalog Advanced Legal Research Spring FEATURE ARTICLE U.S. Flag Law: Part I. Design...3 Editor/Writer: Patricia Pelz Hart Layout: Debbie Lipton Linda Kawaguchi Begins as Rinker Law Library Director Linda Kawaguchi joined the faculty of Chapman University's School of Law as the new Hugh and Hazel Darling Foundation Library Director and Professor of Law on August 1, Professor Welcome, Professor Kawaguchi Kawaguchi comes to the Harry and Diane Rinker Law Library with 20 years of academic law library experience that includes five years as library director at Gonzaga University School of Law, and positions at Berkeley Law at UC Berkeley, the Gallagher Law Library at the University of Washington, and the University of Michigan. She has a master's degree in librarianship with a certificate in law librarianship from the University of Washington and a J.D. from the University of Idaho College of Law. She clerked for the Supreme Court of Idaho after graduating from law school. She is a member of the American Association of Law Libraries, American Bar Association, Association of American Law Schools, and many other library and law related professional organizations. She has written and presented in the areas of advanced legal research, teaching critical thinking skills, and legislative intent. She teaches advanced legal research. Donation of Works on Darrow and W. O. Douglas Orange County attorney Ed Smilow donated his collection of books about Clarence Darrow and William O. Douglas to the Rinker Law Library upon his retirement. Included in the collection are rare editions of classic works. Mr. Smilow was particularly proud of The Art of Cross- Examination by Francis L. Wellman. The donation also included two pieces of artwork. A portrait of Clarence Darrow is in the Current Awareness Room. New Electronic Resource: OnLAW from CEB OnLaw is a web-based research service from Continuing Education of the Bar (CEB), available from the law library s catalog page. It includes California practice areas or individual titles in: Business Law Famly Law Civil Litigation General Interest Criminal Law Real Property Employment Law Torts Estate Planning Workers Comp Evidence Donation from Assistant Dean, Development Cary Bowdich Special thanks to Cary Bowdich, Assistant Dean, Development, for her personal donation to the Law Library.

2 2 My Discovery at Harvard s Widener Library Text and Photos by Tanya Cao, Catalog Librarian Harvard University has 76 library systems with a vast wealth of knowledge but is not open to the public. I had to use my American Association of Law Libraries conference badge and California ID to obtain a visitor s pass to enter Widener Memorial Library, Harvard University s flagship library. It was named after Harry Elkins Widener who graduated from Harvard in 1907 and died in the Titanic disaster in Entrance to the Harry Widener Memorial Room Widener was a book collector. His original library, which consists of approximately 3,300 volumes, is housed in the Memorial Room in Widener Library. As I explored the library, I saw a corridor full of card catalog cabinets. Card catalogs in the main library of a top university?! As a cataloger I have a love/hate relationship with card catalogs. I began my library career printing and filing catalog cards and would definitely leave this profess sion if I still had to deal with the cards. Over twenty years ago, I had a disastrous experience when I accidentally dropped a catalog drawer. All the cards flew out of a third floor window and landed on the ground. It took me seven days to re-file all the cards in alphabetical order. Moreover, they were all in Russian! The catalog cards at the Widener Library were created by typewriters and used a special classification scheme unique to Harvard. Most of the subjects are foreign art and literature in various west European languages. Given the long history of the university, it s not strange for Harvard College Libraries to use its own alphanumeric classification system, which was heavily mnemonic, until switching to the Library of Congress scheme. I asked the library staff why they still kept the card catalog and whether the contents was searchable online. I was told that the Library had no plans to convert the contents of the card catalog into an electronic version and share it with users outside the university. It would be an enormous project. I walked out the world s third largest library with mixed emotions. It was so dear to me to see those traditional card catalog cabinets. But it was nicer to know that I no longer have to deal with the cards. They are now history. Old Card Catalog Improve Your Research Skills Before Graduation: Sign up for Advanced Legal Research Advanced Legal Research, a two-credit elective, will be offered Spring semester by Prof. Linda Kawaguchi on Thursday afternoons from 4:00 to 5:50 p.m. The course will focus on teaching the tools, process and strategy of legal research. Integrating print and online resources and methods will make you a more efficient and costeffective researcher. Research proficiency is valued by employers, and essential to the practice of law. Knowing how legal information is generated, organized, and accessed will enhance your problem solving, legal analysis, and critical thinking skills. Plus, it s a lot of fun!

3 3 UNITED STATES FLAG LAW: PART I. DESIGN The United States flag has a great design. It is made up of primary colors and elemental shapes. It is easily distinguished from flags of other nations. The flag evokes our historical beginning. It has altered over the years to reflect the current members of our federal system while always preserving its fundamentals. The flag s uncluttered, cleanlined layout is nevertheless well over two centuries old. The initial design was both a work of art and a creation of the national legislature. The original artist(s) may be unknown. The original legislature was the Continental Congress, acting in June Revolutionary War Flags Fort Moultrie The thirteen American colonies did not share the same flag. Instead, separate flags proclaimed and reflected the differences among the colonies. Regiments fighting in the American Revolution likewise had individual flags. The Maritime Colony of Rhode Island s flag showed an anchor, thirteen stars, and the word Hope. The 1776 flag over Fort Moultrie in Charleston harbor, South Carolina, was blue with a silver crescent bearing the word Liberty. Flags depicting rattlesnakes and the words Don t Tread on Me were popular among the fighting colonies. Grand Union Flag From its first hoist on a ship by Lt. John Paul Jones on Dec. 2, 1775 and into the first year of the revolution, the unofficial national flag was the Grand Union Flag. By Patricia Pelz Hart, Lawyer / Librarian The flag had thirteen red and white stripes, for the thirteen colonies. The upper left corner, however, contained the Grand Union Flag red cross of St. George of England and the white cross of St. Andrew of Scotland. The flag thus failed to symbolize a clean break from the mother country. The Grand Union flag was also known as the Continental Colors, Congress Colors, the First Navy Ensign, and the Cambridge Flag. Green Mountain Flag Even as the war was entering its final months, soldiers often fought under a local flag. Green Mountain Flag During the Battle of Bennington, August 1777, the Green Mountain Flag was the banner over the American forces. British General John Burgoyne had been trying to isolate New England. After several months of maneuvers, he desperately needed supplies and headed for storehouses in Bennington, VT. The Green Mountain Boys, from Vermont and New Hampshire, were the victors of the three day battle. The action took place in what today is slightly over the New York state border, about 12 miles northwest of Bennington. The battle set the British on their path to ultimate defeat. After two subsequent losses in Saratoga, NY, the British surrendered on Oct. 17, What is known as the Bennington Flag was most probably not a revolutionary war flag at all. Eleven of its thirteen stars were arranged in a semicircle surrounding the number 76, with two more stars at the top. It is thought the flag was created in 1826 to mark the 50 th anniversary of the Declaration of Independence. Even if the flag had actually dated from the Revolution, it could not have Bennington Flag been used at the Battle of Bennington. The year displayed on the flag, presumably 1776, was one year before the battle even took place. Flag Terminology Field: background surface Finial: capping ornament added to the staff, such as an eagle Fly: length; length of longest stripe, longer dimension of flag s rectangular shape Halyard: cord or rope used for raising or lowering flag Hoist: width; shorter dimension of flag s rectangular shape Jack: small flag showing nationality flown by a ship Peak: top of the staff Staff: pole or rod used to support the flag Union: upper left corner of flag; emblem signifying the union of two or more sovereignties Union jack: jack consisting of the union of a national ensign Flag Resolution, 1777 As victory in the war of independence could be seen on the horizon, a new flag was needed to symbolize the new nation. Although it was a few years before the flag s design was completely settled, the iconic aspects and colors were established at the beginning: stars, stripes, red, white, and blue. On June 14, 1777, the Continental Congress passed the first flag legislation, later referred to as the Flag Resolution.

4 4 Resolved, That the flag of the United States be thirteen stripes, alternate red and white: that the union be thirteen stars, white in a blue field, representing a new constellation. Journals of the Cont. Cong., Early United States Flags The resolution did not specify either the number of points on the stars nor their arrangement. Some of the early national flags had stars with six or eight points. Other initial flags had the stars in a circle, or in a varied number of rows, or scattered on the field. Over time, the design was fixed at five point stars in a set number of horizontal rows. Flags were made by several patriots. Known to history are Rebecca Young, Cornelia Bridges, and Betsy Ross, all from Pennsylvania. A male patriot from Maryland, John Shaw, was also a flag maker. Betsy Ross Betsy Ross is popularly known for sewing the first flag. In 1870, her grandson, William J. Canby, read a paper before the Historical Society of Pennsylvania. He spoke of General Washington and others visiting his grandmother in June, Per Canby, they asked her to make a flag from a rough drawing, which was redrawn at the meeting by Washington. There is a lack of proof that Canby s account was accurate. Washington s purported visit predated the Declaration of Independence. The colonies had not yet even coalesced into an independent nation of states. A national flag might have been premature. Furthermore, the Continental Army flew the Grand Union Flag, not a new stars and stripes, through 1776 and into The June 1777 Flag Resolution of the Continental Congress could have been a ratification of an existing flag, or could have been a flag proposed to the Congress. The specifications of the design, however, were not laid out in the resolution. The name of the definitive maker of the first United States flag has been lost to history. The flag known as the Betsy Ross Flag had the stars in a circle, and Betsy Ross Flag first appeared in the early 1790 s. Fifteen Stripes & Fifteen Stars, 1794 The addition of Kentucky and Vermont brought the number of states in the new nation to fifteen. Congress expanded the flag to fifteen stripes, alternate red and white, and fifteen stars, white in a blue field. The pattern of the stars on the field was again not specified. The new design was effective May 1, Act of Jan. 13, 1794, 1 Stat 341. General Jackson s forces at the Battle of New Orleans, January 1815, rallied under a flag of fifteen stars and fifteen stripes. The decisive win was the last major battle of the War of The Star Spangled Banner The national flag was the inspiration for the U.S. national anthem. During the night of Sept. 13, 1814, the British attacked Fort McHenry, overlooking the harbor of Baltimore, MD. Francis Scott Key, an American lawyer, was on a British ship to arrange a prisoner exchange. In preparation for the upcoming attack, the fort s commanding officer had ordered a flag "so large that the British will have no difficulty in seeing it from a distance. It measured 30 feet high by 42 feet long. As dawn broke after a night of bombardment, Key saw the flag, with fifteen stripes and fifteen stars, still flying over the fort. Fort McHenry Flag Key wrote a poem about the moving sight. The poem was set to an existing tune. In 1931 Congress adopted the Star Spangled Banner as the national anthem. The flag itself is now at the Smithsonian. Fort McHenry has become a national monument and historic shrine maintained by the National Park Service. Star-Spangled Banner Flag House The Fort McHenry flag spotted by Key was made by a seamstress named Mary Pickersgill. The Star Spangled Banner Flag House in Baltimore was originally the home and business site of Pickersgill. It is today a museum, on the national register of historic places. A replica of the U.S. flag which was in use during the War of 1812 is flown for 24 hours a day in Flag House Square under Public Law 319, ch. 109, 83 rd Congress, 68 Stat. 35 (1954). Thirteen Stripes with Added Stars, 1818 By 1817, the United States stood firmly on its own feet as it looked to a future of growth. Exploration and settlements made it likely that additional states would continue to be added to the nowestablished nation. Would the number of stars and stripes on the flag keep increasing in tandem with the states? A House report of Jan. 2, 1817, considered the alteration of the flag. There was the certain prospect that at no distant period the number of States will be considerably multiplied. The committee had the view that it was highly inexpedient to increase the number of stripes. Every flag is limited in size, for convenience. Additional stripes would decrease their magnitude and make them proportionally less distinct.

5 5 The committee recommended a reduction of stripes to the original thirteen, representing the number of States then contending for and happily achieving their independence. The number of stars should be increased to the number of states now in the union, and hereafter to add one star to the flag whenever a new State shall be fully admitted. Report No. 418, 14 th Congress, American State Papers, Miscellaneous, v. 2, p Congress adopted the committee s recommendations. Under a law passed the next year, the flag was to be thirteen horizontal stripes, alternate red and white, with a union of twenty stars, white in a blue field. One star would be added to the union of the flag with the admission of every new state. Such addition to take effect on July 4 of the year next succeeding such admission. Law of April 4, 1818, ch. 34, 15 th Congress, 3 Stat Over the next century and a half, the number of stars in the union increased in accordance with the increasing number of states. 50 Stars: Executive Order No , 8/21/1959 The current 50-star state flag was designed by Robert G. Heft, a high school student. President Eisenhower selected Heft s design from the 1,5000 submissions. Heft s high school teacher gave him only a B for his design. Heft s design became official when President Eisenhower issued Executive Order No on Aug. 21, 1959, pursuant to Hawaii becoming the 50 th state. Per Section 2, the position of the stars in the union of the flag and in the union jack shall be as indicated in the attachment to the order. The attachment gave both the stars arrangement and the flag s proportions. The star arrangement was new; the proportions were only slightly modified from those previously established. The attachment portrayed five horizontal rows of six stars and four horizontal rows of five stars. Executive Order revoked Executive Order of Jan. 3, 1959, issued when Alaska was admitted. Under the revoked order, the flag had been set at 49 stars in seven rows. Per Section 3 of the Aug. 21 order, the dimensions of the flag s constituent parts shall conform to the listed proportions. The hoist (width) of the flag is the grounding proportion. It was set at 1.0. The fly (length) is 1.9. The length is thus almost twice the hoist. Proportions for the union, stars, and stripe width are all precise decimal fractions of 1.0, the hoist. Whether the actual flag is small or very large, the size of each element in relation to the whole is uniform. The attachment included a diagram of the flag as illustration. The 49 star flag remained as the official flag until July 4, 1960; on that date, the 50 star flag took its place. The new flag was first raised at Fort McHenry National Monument. Today, as for over fifty years, flags manufactured or purchased for use of executive agencies must conform to provisions of Executive Order It is common practice for commercial manufacturers of flags sold to the public to adhere to the design. Conclusion Current versions of flag design laws are found in sections 1-2 of title 4, chapter 1, the Flag, United States Code. Executive Order No complements section 1 and follows it in the code. The provisions are direct descendants of the 1777 and 1818 federal legislation. A great symbol is timeless, and is meaningful to each generation. Great art is also timeless, to be appreciated by each generation. The United States flag passes both tests. While every country can identify its own flag, the world can identify the U.S. flag. It has a great design. President Dwight Eisenhower holds a corner of a new 50-star flag displayed for the first time at the White House on Aug. 21, Minutes earlier, the president signed a proclamation admitting Hawaii to statehood. United States Flag Law: Part II. Display, covering flag law codification and flag etiquette, will appear in the Oct issue of the newsletter.