Korematsu – An Old Case Gains New Relevance

Earlier this month, the Alameda County Law Library hosted the annual Witkin Symposium.  The speakers were authors of a recently published young-adult title, Fred Korematsu Speaks UpThe book tells the story of Fred Korematsu, a Japanese American who grew up in Alameda County.  Korematsu was one of the few citizens to challenge the law involving the mass incarceration of West Coast residents during World War II.  An executive order required the resettlement of Japanese Americans out of their homes and into internment camps.   Korematsu’s conviction for violating these rules by remaining in San Leandro was appealed to the United States Supreme Court.  The Court ruled for the government on national security grounds.

The top court’s ruling in the case has never been overturned but Korematsu petitioned to have his conviction overturned which the United States District Court did in 1984.

Korematsu cases

Korematsu v. United States, 323 US 214, 65 S. Ct. 193, 89 L. Ed. 194, 1944 –  “Petitioner, an American citizen of Japanese descent, was convicted in the United States district court for remaining in a designated military area contrary to Civilian Exclusion Order No. 34 of the Commanding General of the Western Command, U.S. Army, which directed that after May 9, 1942, all persons of Japanese ancestry should be excluded from that area.”

Korematsu v. United States, 584 F. Supp 1406 (1984) – “Petitioner citizen sought a writ of coram nobis to vacate his conviction on the grounds of governmental misconduct.  The citizen was convicted of being in a place from which all persons of Japanese ancestry were excluded pursuant to Civilian Exclusion Order No. 34. “  The court granted the citizen’s petition for a writ of coram nobis.

 Muslim travel ban

The effect of the Korematsu case still echoes through the United States legal system.   Korematsu has been under discussion, this month, in the Ninth Circuit when it was referenced in the arguments in the Trump Administration’s travel ban appeal.  (9th Cir., State of Hawaii, et al. v. Trump, No. 17-15589)  Questions involve the proper extent of federal government authority to insure national security.

You can find discussion at:

Legal scholars have continued to write about the case over the years.  Here is a link to a recent piece published on the American Bar Association site –  Yolanda C. RondonIs Korematsu Really Dead?, 41 Human Rights 23  (2015).

Fred Korematsu Speaks Up

Fred Korematsu Speaks Up is written by Laura Atkins and Stan Yogi with illustrations by Yutaka Houlette.  The title is published by the Berkeley firm of Heyday.  The title is currently found on ACLL’s New Materials Cart, call number ~ KF 228.K59 A87 2017.  Its aim is to educated a younger audience on the continuing need to stand up against discrimination whenever it is found in our society.

New Resources At ACLL – CA Secondary Sources On Lexis Advance

Over the past few months, there have been changes here at law library due to a drop in revenues.  “Re-accommodation” to our hours, staffing, and locations have occurred.  More changes are expected for the next financial year starting in July.  We will keep you posted.

But here is some good news.  After contract re-negotiations by ACLL library administration, we can now offer access on Lexis Advance to many California secondary sources published by Lexis and Matthew Bender at the Alameda County Law Library public computers.

Some of the new titles now available –

  • California Causes of Action
  • California Judge Reviews – detailed biographies of state and federal judges in California.
  • California Legal Forms Transaction Guide – extensive coverage of topics, templates to help begin your drafting
  • California Mechanics’ Lien Law & Practice
  • California Uninsured Motorist Law
  • California Water Law and Policy

Delivery

Because these practice guides are now available in digital formats,  searchers can request that text be delivered via email or can download to a flash drive avoiding paper printing costs.

How to access

Access Lexis Advance.  From the Lexis Advance Home screen, click the links in the following order – Secondary Materials>California>All California Treatises, Practice Guides & Jurisprudence.  Not all titles displayed on the screen are available to ACLL researchers.  Check for an “*” at the end of the title for titles not available under ACLL’s subscription.

How to search

You can search all sources at one time or select individual sources for your search.  The default is All Sources.  Shown below.

If you click on the button in front of “Select sources to search” you can move down the list, clicking on the box in front of titles to create an individualize search group.

 

Titles now available at ACLL under LEXIS Advance -“All California Treatises, Practice Guides” 

Ballantine and Sterling California Corporation Laws|

California Antitrust and Unfair Competition Law, Revised Edition|

California Causes of Action|

California Class Actions and Coordinated Proceedings, Second Edition|

California Community Property with Tax Analysis|

California Criminal Defense Practice|

California Criminal Discovery|

California Deposition and Discovery Practice|California Drunk Driving Law|

California Employer’s Guide to Employee Handbooks & Personnel Policy Manuals|

California Environmental Law & Land Use Practice|

California Evidence Courtroom Manual|

California Evidentiary Foundations|

California Family Law Litigation Guide|

California Family Law Practice and Procedure|

California Forms of Pleading and Practice – Annotated|

California Guide to Tax, Estate & Financial Planning for the Elderly|

California Insurance Law & Practice|

California Intellectual Property Laws|

California Judge Reviews (California Courts & Judges)|

California Leave Law: A Practical Guide for Employers|

California Legal Forms Transaction Guide|

California Legal Secretary|

California Lien Claims in Workers’ Compensation Cases|

California Mechanic’s Lien Law and Construction Industry Practice|

California Objections|

California Paralegal’s Guide|

California Points & Authorities|

California Preliminary Examinations, 995 Benchbook|

California Pretrial Practice & Forms|

California Probate Practice|

California Probate Procedure|

California Products Liability Actions|

California Public Sector Employment Law|

California Public Sector Labor Relations|

California Real Estate Law and Practice|

California Small Business Guide: Formation, Operation, and Taxation|

California Torts|

California Trial Guide|

California Trial Handbook|

California Trust Practice|

California Uninsured Motorist Law|

California Water Law and Policy|

California White Collar Crime and Business Litigation|

California Wills and Trusts|

California Workers’ Compensation Law and Practice|

Complex Issues in California Family Law|

Cotchett, California Courtroom Evidence|

Deskbook on the Management of Complex Civil Litigation|

Hanna, California Law of Employee Injuries and Workers’ Compensation|

Herlick, California Workers’ Compensation Handbook|

Hogan & Weber, California Civil Discovery|

Labor & Employment in CA: Guide to Employment Laws, Regulations, and Practices|

The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation|

Matthew Bender Practice Guide: CA Debt Collection & Enforcement of Judgments|

Matthew Bender Practice Guide: California Civil Appeals and Writs|

Matthew Bender Practice Guide: California Civil Discovery|

Matthew Bender Practice Guide: California Contract Litigation|

Matthew Bender Practice Guide: California Criminal Law|

Matthew Bender Practice Guide: California E-Discovery and Evidence|

Matthew Bender Practice Guide: California Family Law|

Matthew Bender Practice Guide: California Insurance Litigation|

Matthew Bender Practice Guide: California Landlord-Tenant Litigation|

Matthew Bender Practice Guide: California Pretrial Civil Procedure|

Matthew Bender Practice Guide: California Trial and Post-Trial Civil Procedure|

Matthew Bender Practice Guide: California Unfair Competition and Business Torts|

Matthew Bender Practice Guide: California Wages and Hours|

Matthew Bender Practice Guide: Federal Pretrial Civil Procedure in California|

Practice under the California Securities Laws|

Rassp & Herlick, California Workers’ Compensation Law|

Seiser and Kumli on California Juvenile Courts Practice and Procedure|

Wilcox, California Employment Law|

 

Stop by the Reference Desk if you have questions or need further guidance.

Litigation In Practice By Curtis E. A. Karnow

Currently on the Alameda County Law Library’s New Materials cart is the title ~ Litigation in Practice by Curtis E. A. Karnow (KF 277.P7 K37 2017)

In his new book, the author, a judge of the San Francisco Superior Court, discusses the theoretical – managing complex litigation, as well as, the practical – how to behave in the courtroom.  Judge Karnow’s voice of courtroom experience is well worth a read for anyone, lawyer or pro per.

His courtrooms dos and don’ts will be especially helpful for the litigation novice.  He provides advice on topics not touched upon by California procedural practice guides.  Attorneys can confident in Judge Karnow’s in-depth knowledge of the intricacies of California litigation.  He is a co-author of the authoritative Rutter Guide Civil Procedure Before Trial.

Some snippets of wisdom from Judge Karnow follow.  County law library reference librarians can easily concur with the simple truth of his recommendations.  Many patrons come to the Reference Desk seeking resources to help them challenge a court ruling that could have easily been avoided by attending to standards of courtroom behavior.  (“I was only 15 minutes late because of [traffic, parking, long security lines] but the judge ruled against me anyway.”)

COURT STAFF –

Be very nice to them… staff report everything to the judge.”

JUDGE –

Don’t interrupt the judge.  The judge can interrupt you.”

“‘Judge’ is informal.  In the courtroom use ‘Your Honor.'”

Honor the office otherwise we can’t have fair and efficient trials.”

TECHNOLOGY IN THE COURT –

Here is the basic rule: technology is great if lawyers know what they are doing and a distraction and waste of time if they don’t.”

Bring in everything you need.  Assume the courtroom is bare.”  California court budgets are being stretched thin these days.

“Set aside time to meet with the courtroom clerk to discuss setting up equipment.”

(On highly designed charts and graphs for use in courtroom.) “Jurors may be colorblind.”  And remember citizens who are blind are also part of the jury pool.

TIME –

On time means getting to court early.  A nine o’clock appearance requires your attendance at 8:55, not later.

PRESENTATION OF ARGUMENTS –

“…let go the Sin of Excess to concentrate on the One (or perhaps Few) Important Things.”

 

Photographs Inspired By The 14th Amendment – Gene Dominique

Photographs Inspired by the 14th Amendment to the Constitution of the United States ~  Gene Dominique.

Exhibit at Alameda County Law Library,  May 1st ~ May 31st.  Monday ~ Friday 8:30 to 4:30.

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GovTrack – Tracking The Cutting And Pasting In DC’s Docs

Trying to follow the history of legislation in Congress?

The website ~ GovTrack ~ now provides a way to track the text of Congressional legislation when that language has been cut and pasted from another piece of legislation.  The language may have been enacted but not under the bill number that introduced it.

All too often Congress cuts bills apart and pastes them back together—sometimes into an “omnibus.”  The bills that finally get a vote are an amalgam of provisions from other bills that either can’t or won’t get a standalone vote themselves. The most important legislation is crafted this way.

The site will even flag a bill when some of its provisions have been incorporated into another bill that was enacted.  For enacted bills, the searcher will be able to note which other bills had “text in common” with the enacted legislation.

The full blog post – “How a Complex Network of Bills Becomes a Law: Introducing a New Data Analysis of Text Incorporation!

Below is a chart from GovTrack showing how common this situation has become in recent legislative sessions.

Small Business Week 2017 – Legal Programs

The City of Oakland is marking National Small Business Week (May 1-6, 2017) with a series of workshops and events.  See more

Legal related programs include:

Tuesday May 2  9 a.m. – Noon
Legal Issues for Businesses
Oakland City Hall, Hearing Room 2
FREE

This workshop addresses many of the legal issues of critical importance to the formation and success of new and existing small businesses. The topics covered include: How to choose the best type of legal entity for your business; How to deal with government regulations affecting your business; How to determine whether your workers are employees or independent contractors and the types of insurance you should have for your business.

Trainer: SCORE Eastbay

To register: http://bit.ly/1XrXFtW

and later on Tuesday

2 – 4 p.m.
Navigating the City of Oakland
Oakland City Council Chamber, 3rd Floor, Oakland City Hall, 1 Frank H. Ogawa Plaza (14th Street at Broadway)
FREE

Your one-stop workshop to learn all about City of Oakland programs and services, as well as permitting and licensing requirements for small businesses. Hear City staff across several departments talk about what Oakland has to offer to local entrepreneurs and business owners. The workshop includes presentations, Q&A and a resource fair for existing and aspiring businesses owners to get the information and answers they need for their businesses to launch, grow and thrive in Oakland.

1:30 – 2 p.m. Registration

2 – 3:30 p.m. City of Oakland Department Presentations
Oakland City Council Chamber

3:30 – 4 p.m. City Departments Resource Fair Oakland City Hall Rotunda, 3rd Floor, 1 Frank H. Ogawa Plaza (14th Street at Broadway)

To register: http://bit.ly/1XrXFtW