[This text is machine generated and may contain errors.]

North Carolina Libraries

)
As society becomes
more litigious,
, librarians will see
more and more
users seeking
legal materials
and assistance.

Timothy L. Coggins, 1991

q

Spring 1991

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Volume 49, Number 1
ISSN 0029-2540

Spring 1991

THEME ARTICLES: LAW AND THE LIBRARY

Foreword, Timothy L. Coggins

Copyright Essentials for Librarians, James S. Heller

Law of Premises Liability as Applied to North Carolina Libraries, Thomas Steele
Sexual Harassment in the Library: The Law, Laura N. Gasaway

Answering Legal Questions: Reference or Unauthorized Practice of Law?,
Janet Sinder

Library Security: One Solution, Nina N. Lyon and Warren Graham
Compiling the History of North Carolina Legislation, Louise H. Stafford

The Changing Role of the Law Firm Librarian: from Collection Curator to
Information Specialist and Educator, Constance M. Matzen

Bibliography of Selected Legal Resources

FEATURES " SSSzzRE ze Ea ae RMR]

From the President

Point: Vote Yes for a County Law Library System, Anna Donnally
Counterpoint: Vote No for a County Law Library System
Library Research in North Carolina

North Carolina Books

NCLA Minutes

About the Authors. . .

EditorTs Note: All footnotes in this issue of North Carolina Libraries, Law and the Library, are formatted
according to the Uniform System of Citations, 14th edition, rather than the Chicago Manual of Style.

i

Cover: Timothy L. Coggins, "Foreword," North Carolina Libraries 49 (Spring 1991): page 3.

Cover Photo: Photo courtesy of Rose Simon, Dale H. Gramley Library, Salem College,
Winston-Salem, NC.

Cartoon: (page 22) Courtesy of Porter E. Taggart, Independence Branch Library, Charlotte, NC.

* North Carolina Libraries, Vol. 49, No. 1, was designed by Pat Weathersbee of TeamMedia, Greenville, NC.

The cover was produced electronically via photo scan/Macintosh manipulation to Varityper generated film.
(Special thanks to John Lance of Walker Ross Printing Co., Rocky Mount, NC.) Other than the book jacket photos
in "North Carolina Books" and certain advertisements, this journal has been electronically produced.

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2 " Spring 1991

From the President

Just six months until our biennial conference! The
enthusiasm is building within the organization and the
profession for the nationally known presenters that will be
in High Point November12-15. I hope you have already
marked those days on your calendar.

An interesting feature of the conference will be a
Wednesday morning session for potential leaders for the
association and libraries. If you have an interest in being
more involved, plan to attend the session to learn more
about leadership skills and the North Carolina Library
Association.

Thanks to all of you who have participated in three
significant activities for libraries during the past few months
- the GovernorTs Conference on Libraries and Information
Services, the state Legislative Day, and the national Legis-
lative Day. Each of these activities will make a difference for
libraries in the future.

I look forward to participating in the White House
Conference on Libraries and Information Services in July
and hope you will offer your support to all sixteen delegates
and alternates who were chosen at the GovernorTs Confer-
ence. You will be hearing more about the delegates and the
sixteen resolutions that will be going forward from North
Carolina to the White House Conference. Let the delegates
know what you think!

There are other exciting things happening in the not-
too-distant future. First, North Carolina will host the fall
1994 conference of the Southeastern Library Association in
Charlotte. Even though 1994 is a non-conference year for
us, I foresee a lot of participation by North Carolina library
personnel. Think about what you would like to do to help.
Charlotte and other cities across the southeast were in the
running for the opportunity to host the conference. We
should all be proud of the proposal made by Charlotte and
the Public Library of Charlotte and Mecklenberg County
that attracted the attention of the Executive Board of the
Southeastern Library Association.

Secondly, members of our paraprofessional round table,
the North Carolina Library Paraprofessional Association,
have attracted national attention. Members participated in
ALA committee meetings at the January Midwinter Meeting
and will showcase their round table in a poster session at the
July convention in Atlanta. Show your support by dropping
by the poster session. This kind of initiative may lead to
more paraprofessional participation in ALA and other state
associations. Congratulations NCLPA!

There is always a lot going on with libraries in North
Carolina. I cannot repeat it often enough - please get
involved. The North Carolina Library Association needs
you. Call 919 839-6252 for more information.

Barbara Baker, President

North Carolina Libraries

steady rise in criminal and civil litigation contin-
ues to add to the backlog of cases in state courts,
the National Center for State Courts reports. An
awareness of legal issues, derived from oPeopleTs
Court,� oL.A. Law� and oEqual Justice,� presents
legal concepts and issues to the public and in-
creases the potential for causes of action against
neighbors, family members, and others. A significant economic
downturn creates unemployment and other problems, causing
potential financial ruin and bankruptcy for North Carolina and
U.S. citizens and businesses. Law firms faced with the same
economic environment cut staff (including attorneys) and no
longer accept certain types of cases.

What do all these issues have to do with libraries? Poten-
tially, quite a lot. As society becomes
more litigious, librarians will see more
and more users seeking legal materials
and assistance. As information special-
ists, librarians must determine the types
of information that the public needs
and must attempt to provide the re-
sources necessary to locate this infor-
mation. Economic problems may result
in more users attempting to handle legal
problems without the assistance of at-
torneys. With mounting financial obli-
gations and the possibility of no jobs,
citizens might turn to public and other
libraries to research their legal rights,
options, and obligations. In other in-
stances, law firms may not be interested
in accepting new clients, thereby leav-
ing many citizens with no alternative
except self representation. Library
managers, on the other hand, must be-
come knowledgeable of the legal impli-
cations of library operations and their
actions and must protect libraries from
negligence and other actions brought by employees and users.
Libraries throughout North Carolina presently address some of
the legal information demands of users, but they likely will be
faced with many more legal issues and demands for legal infor-
mation in the future. Unfortunately, many libraries are not able
to purchase necessary legal resources or to hire staff with legal
research expertise to assist these users.

aan eee reer eee ee ee ere ee ree ere areca eer eee rere

North Carolina Libraries

Foreword

Library managers ...
must become
knowledgeable of
the legal implications
of library operations and
their actions and must
protect libraries from
negligence and other
actions brought by
employees and users.

Timothy L. Coggins, Guest Editor

This issue of North Carolina Libraries, oLaw and the Library,�
presents an interesting and instructive collection of articles that
should be helpful to North Carolina librarians. It includes articles
discussing one traditional library issue, copyright law, but also
addresses other relevant topics such as premises liability and sex
discrimination that could affect librarians as managers and
employees. Other articles focus on the unauthorized practice of
law, how to help patrons compile the history of a North Carolina
General Statutes section, the legal and other implications of
dealing with the homeless and public library patrons with
behavior problems, and the role of a private sector librarian
functioning in the law firm environment.

Three articles deal with the law in substantive areas affecting
librarians, managers and employees: copyright, premises liabil-
ity, and sexual harassment. James HellerTs
article on copyright law traces the devel-
opment of copyright law in the United
States and offers practical advice to librar-
ians. Heller clarifies some ogrey� areas of
copyright law and delineates the rights of
both copyright owners and users of copy-
righted works, including librarians and
educators. Thomas Steele provides an ex-
tensive discussion of premises liability as
applied to North Carolina libraries. He
focuses on the liability of librarians and
libraries for injuries sustained in the li-
brary and presents a thorough analysis of
negligence law and its implications. Steele
also offers a checklist to be used in libraries
to guarantee that premises problems are
reviewed and repaired before subjecting
the library to liability. Laura N. Gasaway
describes one particular type of sex dis-
crimination, sexual harassment, and its
impact on library operations. She reviews
a series of court decisions that have de-
veloped standards concerning an
employer's liability for sexual harassment. She concludes with a
discussion of what a library manager should do to avoid sex
discrimination charges in his or her library and encourages the
development of a sound, written sexual harassment policy.

Another article addresses a critical issue to librarians: how
much information can a librarian provide and at what point does
answering a reference question become an unauthorized practice

Spring 1991 " 3

of law? Janet SinderTs thorough analysis of this topic begins with
a discussion of the relevant sections of the North Carolina Gen-
eral Statutes and presents reasons why it is important that
librarians not advise users regarding their legal rights. Sinder
concludes that librarians should provide as much assistance as
possible to patrons, including showing helpful and useful
materials, recommending books, etc., but they should stop
short of providing actual advice and interpreta-
tion. Nina Lyon and Warren Graham of the Public
Library of Charlotte and Mecklenburg County fol-
low with an analysis of the security problems facing
libraries in large urban centers. Behavioral problems
identified by Lyon and Graham must be balanced
with the library usersT individual rights. The authors
describe the use of security and safety officers in a
public library and the development of rules and
regulations governing conduct in the library. Their
processes and conclusions should be instructive to
other librarians facing difficult security and be-
havioral problems.

Librarians faced with questions about olegis-
lative history� can find guidance in Louise StaffordTs article about
compiling legislative history about North Carolina General Stat-
utes sections. Stafford discusses two aspects of compiling legisla-
tive history: tracing legislation and determining legislative intent.
She interprets the North Carolina Supreme CourtTs perspective
about legislative history through an analysis of several court
decisions. The final article in the series discusses the changing
role of the law firm librarian in todayTs law firms. Connie Matzen

reveals a view of private sector librarianship that many librarians
have never seen. She presents the development of the law firm
librarian from a ocollection keeper� and filer of looseleaf services
to an information specialist, educator, and politician/public
relations expert within the law firm.

oPoint/Counterpoint� focuses on the development of a
county law library system in North Carolina. Many states have a
detailed plan to provide law library services to the
public and members of the bar, but North Carolina
does not. Although several county law libraries exist
in North Carolina, no comprehensive and adequately
funded plan exists. Anna Donnally presents the view
of a public library librarian who is faced with ques-
tions from users that require materials and expertise
not available in her library. Harry Tuchmayer argues
that county law libraries are certainly valuable, but
asks if it is a legitimate use of taxpayersT money to fund
libraries for a specific (and relatively small) group of
library users? The final installment of this theme issue
is a bibliography of legal materials that should be
beneficial to North Carolina librarians. The bibliogra-
phy lists basic primary and secondary legal research resources,
but concentrates on some helpful titles about North Carolina
law. While these titles vary in quality, substantive content, value,
and scholarship, some of the titles might be helpful for some
public, school, and academic library clients.

I thank the authors for their excellent contributions to this
issue. I hope that all readers enjoy these articles and find some
stimulating, practical, and beneficial information.

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4 " Spring 1991

North Carolina Libraries

Copyright Essentials for Librarians

he United States Constitution authorizes Congress
oto promote the progress of science and useful arts,
by securing for limited times to authors and inventors
the exclusive right to their respective writings and
discoveries.�! The first federal copyright legislation
appeared in 1790 when Congress secured copyright
in the authors of maps, charts and books. In the last
200 years Congress has extended copyright protection to maps,
charts, designs, etchings, and engravings (1802); musical com-
positions (1831); photographs (1865); paintings, drawings, and
sculptural works (1870); motion pictures (1912); sound record-
ings (1972); and computer programs (1980).

Today the Copyright Act of 1976,T along with interpretative
judicial decisions, sets forth the respective rights of copyright
owners and users of copyrighted materials. This article will
present an overview of copyright law and how it applies to the
activities of librarians and educators.

Copyright protection extends to original works of authorship
ofixed in any tangible media of expression.�* In limiting copy-
right protection to works that are ofixed,� Congress mandated
that there be some concreteness to the work. For example, an oral
presentation may not be copyrighted, but the written speech
upon which the presentation is based may be. Similarly, a live
television or radio broadcast is not ofixed,� but a recording of the
broadcast is and may be copyrighted.

Not all works fixed in a tangible medium of expression are
subject to copyright protection, however. Although works pub-
lished by state or local governments may be copyrighted, pub-
lications of the United States government are in the public
domain and are not copyrightable.* While facts may not be
copyrighted because they lack originality, compilations of facts,
such as almanacs, may qualify for copyright protection.

Ideas or themes may not be copyrighted, although the
expression of an idea may. Therefore, although there can be no
copyright in the theme of a romance between a northern gun-
runner anda southern girl in the antebellum South, the expression
of that idea in Margaret MitchellTs Gone With the Wind clearly is
copyrightable.

In drafting the 1976 Act, Congress attempted to balance the
often competing rights of owners of copyrighted works and the
needs of users of those materials. Congress sought and encoutr-
aged input from various interest groups, notably educators,
librarians, authors and publishers. The resulting Act was a com-
promise, with many of the troubling results that legislative
compromises create. Some provisions were intentionally left
ambiguous for later interpretation by the courts. In other in-
stances, notably classroom copying and off-air taping, guidelines
rather than legislation are provided.

Both copyright owners and users of copyrighted works have
tights under the 1976 Act. Copying for teaching, scholarship,

North Carolina Libraries

by James S. Heller

and research purposes are mentioned specifically in the fair use
provision of the Act.T Library copying, ° public performances of
audiovisual or musical works for instructional purposes,T and
copying computer programs® also are addressed in the legisla-
tion. It is these provisions of the Copyright Act which most affect
librarians and educators, and upon which this article will focus.
Before discussing how librarians and educators may use copy-
righted works, it is helpful to discuss the rights of copyright
owners and the concept of infringement in the broader context
of property law.

American law generally addresses three types of property.
Personal property consists of goods, such as personal computers
or books. Real property is land and things attached to land, such
as houses. Intellec-
tual property " the
law of patents,
trademarks, and
copyrights " in-
cludes manifesta-
tions of a personTs
thoughts.

A property
owner has the right
to use his or her

In drafting the

1976 Act, Congress
attempted to balance
the competing rights

of owners of copyrighted

property within the

bounds of the law. works and the needs of
The property owner

may lease, sell, or Users Of those materials.
give away the prop-

erty. In short, the

owner has the right

to dictate when and how his or her property shall be used. Like
other property owners, the owner of a copyrighted work also has
certain rights.

Under the Copyright Act, a copyright owner has the right to
reproduce his or her copyrighted work, publicly perform or
display the work, distribute the work, and prepare derivative
works based on the original work.T Copyright infringement oc-
curs when a copyright ownerTs rights are violated without his or
her permission or absent the payment of royalties, unless the
userTs activity is permitted under another provision of the Act.'®

he fair use of a copyrighted work, including reproduc-
tion for purposes such as criticism, comment, teaching,
scholarship, or research, is not an infringement. The
fair use provision is designed to be a flexible rule of
reason, and a determination as to whether a use is fair

depends on the particular facts of each case.
To determine whether an activity involving copying is

Spring 1991 " 5

ee

allowed, a librarian usually should consider whether the copying
is permitted under section 107, even if the activity also appears
to be addressed by another provision of the Act. Indeed, each
exemption to the exclusive rights of the copyright owner is based
on what is considered to be an equitable balance between the
copyright owner's rights and the competing rights of users of
copyrighted materials. The four factors that are considered in a
fair use analysis illustrate the balancing that is done in determining
whether an activity qualifies for the fair use exemption.

The first factor is the purpose and character of the use. As a
general matter, non-profit educational uses are favored over
commercial uses. This does not mean that all non-profit uses are
fair, nor that a profit-making motive will preclude a finding of fair
use. How the copyrighted work is used is simply one of several
factors that will be considered in a fair use analysis.

The second factor is the nature of the work copied. Librarians
and educators should understand that there is greater room for
copying informational, scientific, or factual works than there is
for copying entertainment works.

The third factor is how much of the copyrighted work is
copied. The more that is copied, the less likely it is that the
copying will be considered fair. While copying one article from
a periodical, a chapter of a book, or a poem from a collective work
would in most instances be within the section 107 exemption,
copying several articles from a periodical issue or a substantial
portion of a book probably would not. "

The final fair use factor is the effect of the use (or copying) on
the potential market for or value of the copyrighted work. This
odiminished value� factor is considered the most important of
the four factors. It is unlikely that a use will be considered fair if
the value of or market for a work has been decreased because of
the copying. This can be true even for non-profit educational uses
of copyrighted materials.T�

ection 107 provides that the fair use of a copyrighted

work for purposes such as oteaching (including multiple

copies for classroom use), scholarship, or research is not

an infringement of copyright.� While much educational

copying is presumptively fair, the Act does not state that
all such copying is allowed. What section 107 really says is that
educational copying is non-infringing when it is a fair use.
Educational copying is not elsewhere addressed in the Act.
Instead, there are guidelines.

The Agreement on Guidelines for Classroom Copying in Not-for-
Profit Educational Institutions was signed in March 1976 by rep-
resentatives of authors, publishers, and educational interest
groups, and is included in the legislative history of the Act.T
Under the Guidelines, a teacher may provide one copy of a
copyrighted work to each pupil if certain requirements, includ-
ing brevity and spontaneity, are met, and if the cumulative effect
of the copying does not endanger the copyright ownerTs rights.
(Note how the latter requirement ties in with the fourth fair use
factor of harm to the copyright owner). The Guidelines also state
that educators cannot copy for the purpose of creating anthologies,
compilations, or collective works. Educators wishing to make
copies for such purposes would first receive permission from the
copyright owner.

Not all education groups agreed to the Guidelines. The
American Association of University Professors (AAUP) and the
Association of American Law Schools (AALS) felt that the Guidelines
were inappropriate for post-secondary education, and refused to
endorse them. The American Library Association also believed
the Guidelines were unrealistic in the university setting, and in
1982 published Model Policy Concerning College and University
Photocopying for Classroom Research and Library Reserve Use.'° The

6 " Spring 1991

Model Policy offers broader guidelines for educators and librar-
ians, and provides that certain copying for library reserve is
permissible.

The Model Policy states that at a faculty memberTs request a
library may copy and place on reserve excerpts from copyrighted
works owned by the library. The policy generally permits a library
to make one copy of an entire article, chapter from a book, or a
poem for reserve. Multiple copies may be made if (1) the amount
of material copied and the number of copies made are reasonable;
(2) each item includes a notice of copyright; and (3) the effect of
the copying does not harm the market for the work. The ALA
suggests that no more than six copies be made for reserve
purposes, that libraries avoid repetitive copying, that institutions
not profit by reserve copying, and that libraries neither create
anthologies nor copy consumable works.'®

While copying within the ALA Model Policy appears to be fair
use, remember that not all copying for educational purposes is
allowed under the Copyright Act. Both the Guidelines and the Model
Policy place limits on educational copying. Although neither are
the law, they do provide valuable guidance to librarians and educators.

ost single-copy photocopying of articles and ex-

cerpts for personal research probably is fair use.

The ALA recognizes this in its Model Policy, which

states that instructors may make a single copy of a

chapter from a book, an article, short story, short
essay, or short poem for the purpose of scholarly research or use
in teaching or preparing to teach a class.��

Libraries and their employees are accorded special rights
under section 108 of the Copyright Act. In order to qualify for
section 108 privileges, three initial criteria must be met: (1) the
copying must be done without a purpose of direct or indirect
commercial advantage; '8 (2) the libraryTs collection must be
open to the public or available to other persons doing research in
a specialized field;'? and (3) copies must include a notice of
copyright.�

Section 108 addresses a
wide range of library photo-
copying activities, including
copying unpublished works, *1
copying to replace lost, sto-
len, or damaged copies of
published works, � and the
possible liability of librar-
ies for infringing copying
done on library photocopy
equipment. �

The library photocopy-
ing exemption permits a li-
brary to copy articles or small
excerpts for patrons as long
as three conditions are met:�
(1) the copy becomes the
property of the user; (2) the
library has no notice that the copy will be used for a purpose other
than private study, scholarship, or research;� and (3) the library
displays at the place where orders are accepted and includes on
its order form a warning of copyright.�° Most single (rather than
multiple) copying of articles or small excerpts for educators,
students, or researchers would be permitted under section 108 if
the other requirements of that section are met. The right to copy
an entire work " as distinguished from copying articles or
excerpts " is more limited. Such copying is permissible only if
the requirements noted in section 108 (d) are met, and if a new
or used copy cannot be obtained at a fair price.�

All librarians
should be aware
of the prohibition
against systematic
copying or
distribution.

North Carolina Libraries

LS

All librarians should be aware of the prohibition against
systematic copying or distribution. ** While single copies of the
same materials (the same article, for example) may be copied and
distributed if each copying transaction is unrelated, a library
should not subscribe to one copy of a journal or newsletter and
regularly make copies of articles for its institutional members.
Neither may several libraries in a library system agree that one of
the libraries subscribe to a periodical, and the subscribing library
systematically copy articles from that periodical for the other
libraries. This does not mean that interlibrary copying is pro-
hibited, however.

Interlibrary Loan Copying

Libraries may participate in interlibrary arrangements so long as
the library receiving copies of copyrighted works is not using the
copies asa substitute for a subscription to or purchase of the work.
The CONTU Guidelines�? provide guidance on permissible copy-
ing for interlibrary purposes. Generally:

(1) In any one year a library should not request more than
five copies of articles published within the last five years
from the same journal title (the CONTU Rule of Five).
Supplying libraries should not fill requests for copies
unless the requesting library represents that the request
conforms to-the Guidelines or another provision of the
Act (e.g., section 107). (Always remember that the library
doing the copying may be liable for infringement).
Libraries should maintain records of copies requested
under interlibrary arrangements for three years.

(2)

(3)

Non-Book Materials

Copying under section 108 is limited effectively to books, peri-
odicals, and sound recordings. Copying a musical, pictorial,
graphic, sculptural, motion picture, or other audiovisual work is
permitted only under the following three circumstances: (1) for
the purpose of security or to preserve an unpublished work
already owned by the library; (2) to replace a lost, stolen, or
deteriorating copy of a published work when an unused re-
placement cannot be obtained at a fair price; or (3) the work is an
audio-visual work dealing with the news.*°

Videos

The owner of a copyrighted videocassette or film retains the right
to copy and distribute his or her work. A library may not copy a
video to change formats (e.g., from Beta to VHS) or to make an
archival copy. The copyright owner also has the right to publicly
perform his or her audiovisual works.*! Most of the questions
librarians have about copyright and videos seem to revolve
around the public performance right. Many librarians want to
know under what circumstances they may lend videotapes, and
whether videos can be viewed by patrons within the library.

Lending videos usually poses no problem unless there is
reason to believe that the borrower will engage in an unlawful
public performance of the video. While allowing an individual to
view a videocassette in a private viewing room within the library
probably is permissible,*� allowing even small groups to view a
tape within the library is more problematic. Playing the tape
before a large group " even if no fee is charged " clearly is
infringing without the copyright ownerTs permission, unless the
use is considered educational or instructional and is therefore
permitted under section 110(1) of the Act.*

Sound Recordings

The copyright owner of a sound recording (i.e., a record, tape, or
compact disk) has the exclusive right to reproduce and distribute

North Carolina Libraries

the work.*4 Libraries clearly may lend sound recordings to their
patrons. But while a library may be tempted to make copies of
sound recordings for lending or archival purposes (i.e., copying
arecord onto tape and lending the tape but not the record), that
activity clearly is infringing. Instead, a library should purchase as
many copies of the work and in as many formats as it needs.

Gomputier Programs _ 2% ssvis iiigitoos oii to voir
Computer programs, like other works that are original and fixed,
are copyrightable.** Congress, in its wisdom, allows software
owners to copy software for three specific purposes: (1) to modify
the program to suit the purchaser's specific needs; (2) to create a
substantially different program that arrives at the same result as
the first program but uses different methods; or (3) to make an
archival copy. Whether other copying is permissible would
largely depend upon an application of the fair use provision. A
library district may not purchase one copy of a software package
and make copies for each branch in the district; such use would
not be fair.

Downloading, or transmitting online data to a local storage
medium, clearly entails making a copy. Downloading is permis-
sible if it is a fair use. If the downloaded data is used in a format
identical to that which appeared in the original form, the use
probably is not fair. Substantial reformatting of the data might be
considered a fair use, however, although one must be aware of the
prohibition against creating a derivative work.*°

t took Congress nearly thirty years to revise the Copyright

Act of 1909; it may be well into the 21st century before

there is another complete revision of the 1976 Act. The

1976 Act, unfortunately, often seems to present more
questions than answers. Notwithstanding the grayness of
American copyright law " or perhaps because of it " librarians
should be aware of the Act, pertinent legislative history materials
(including the Guidelines), publications of the ALA and other
library, author, or publisher organizations, and articles and books
on copyright that illuminate the issues and offer some guidance.
Copyright owners, particularly publishers, will continue to
assert what they believe to be their rights under the Act. While
librarians, . . . educators, and other consumers of intellectual
property must be aware of the rights of copyright owners, they
should also be aware of their rights as users of copyrighted works.

© James S. Heller

References

U.S. Const. art. I, § 8, cl. 8.
17 U.S.C. §§ 101-801 (1988).
17 U.S.C. § 102 (1988).

17 U.S.C. § 105 (1988).

17 U.S.C. § 107 (1988).

17 U.S.C. § 108 (1988).

17 US.C. § 110 (1988).

17 U.S.C. § 117 (1988).

. 17US.C. § 106 (1988).

10. 17 U.S.C. § 107-118 (1988).

11. Note that section 108 permits a library to copy an entire
book under certain circumstances.

12. See Encyclopaedia Britannica V. Crooks, 542 F. Supp. 1156
(W.D.N.Y. 1982), where the court held that copying for educational
purposes was not fair because the copying supplanted the market for
which the educational works were created.

13. H.R. Rep. No. 1476, 94th Cong., 2nd Sess. 68-70, reprinted in
1976 U.S. Cong. & Admin. News 5681-83.

14. See Cong. Rec. 31,986 (1976).

CONAARWN

Spring 1991 " 7

eT

15. American Library Association,
Model Policy Concerning College and University
Copying for Classroom Research and Library
Reserve Use (1982).

16. Former Register of Copyrights
David Ladd has stated that reserve copying is
permitted only under section 107 or with the
permission of the copyright owner. He
further stated that a library should receive the
copyright ownerTs permission before it makes
multiple reserve reserve copies for multiple-
term retention. U.S. Copyright Office, Report
of the Register of Copyrights: Library Reproduc-
tion of Copyrighted Works (17 U.S.C. 108) 108-
111 (1983).

17. ALA Model Policy, supra note 15, at 4.

18. According to the House Report, the
oadvantage� must connect to the immediate
commercial motivation of the reproduction,
not to the ultimate profit-making status of
the institution. House Report, supra note 13,
at 75. This means that libraries in for-profit
institutions, such as corporations or law
firms, may qualify for the section 108
exemption.

19. The library need not have a totally
open access policy; participation in
interlibrary lending arrangements with other
libraries should meet the oopen or available�
requirement.

20. Although it is unclear whether this
means the section 401 statutory notice, it is
wise to include the formal notice of copyright
whenever possible.

BROADFOOT'S

21. 17 U.S.C. § 108(b) (1988).

22. 17 U.S.C. § 108(c) (1988).

23. 17 U.S.C. § 108(f) (1988). Libraries
are advised to tape to each public access
copier a notice that oThe making of a copy
may be subject to the United States Copyright
Law (Title 17 United States Code).�

24. 17 U.S.C. § 108(d) (1988).

25. For example, copying cannot be
justified under section 108(d) if a library staff
member knows that a for-profit information
broker requested the photocopy.

26. oNotice: Warning Concerning
Copyright Restrictions: The copyright law of
the United States (Title 17, United States
Code) governs the making of photocopies or
other reproductions of copyrighted material.
Under certain conditions specified in the law,
libraries and archives are authorized to
furnish a photocopy or other reproduction.
One of these specified conditions is that the
photocopy or reproduction is not to be oused
for a purpose other than private study,
scholarship, or research.� If a user makes a
request for, or later uses, a photocopy or a
reproduction for purposes in excess of ofair
use,� that user may be liable for copyright
infringement. This institution reserves the
right to refuse to accept a copying order if, in
its judgment, fulfillment of the order would
involve violation of copyright law.� 37 C.F.R.
§ 201.14 (1989).

27. 17 U.S.C. § 108(e) (1988).

28. 17 U.S.C. § 108(g) (1988).

"Since 1971"

29. National Commission on New
Technological Uses of Copyrighted Works,
Guidelines for the Proviso of Subsection 108 (g)
(2), published in H.R. Rep. No. 1733 (Confer-
ence) 94th Cong., 2nd Sess. 72-73 (1976).

30. 17 U.S.C. § 108(h) (1988).

31. 17 U.S.C. § 106(4) (1988).

32. The Attorney General of Ohio,
however, has concluded that the display of
copyrighted video tapes at a public library is
an infringing public performance because of
the libraryTs accessibility to the public. Ohio
AttTy Gen. Op. 87-108 (1987), 1987 Copyright
L. Rep. (CHH) { 26,240.

33. 17U.S.C. § 110(1) (1988). The
section 110 exception permits in-class
performance of copyrighted videos under
certain circumstances. See also Reed and
Stanck, Library and Classroom Use of Copy-
righted Videotapes and Computer Software,
reprinted in Am. Libr., Feb. 1986, at 120.

34. 17 U.S.C. § 106 (1988). Although
there is no public performance right in a
sound recording, there is a performance right
in the underlying musical work " the song.
The copyright owner of the song (i.e., the
composition or lyrics) retains the right to
control public performances of the work.
Absent permission of the copyright owner of
the musical work, public performances are
permitted only for those works that are in the
public domain.

Soe PU Sic, 6 lly (Go).

36. 17US.C. § 106(2) (1938). "-

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North Carolina Libraries

The Law of Premises Liability
As Applied to
North Carolina LibrariesT

he literature of librarianship
and the law, while not exten-
sive, is dominated by articles
on malpractice, unauthorized
practice, censorship, and
copyright.T Yet, there are more
complaints filed against li-
braries for personal injuries than for any of
the above actions except for employment
relations lawsuits. This article will focus
upon actions against libraries and librarians
for injuries sustained on premises of North
Carolina libraries. While more common
than malpractice and copyright actions,
personal injury cases against libraries in
North Carolina are rare for reasons other
than relative safety of library premises.

The liability of librarians and libraries
for injuries sustained in the library is not
as clear-cut as might appear at first glance.
The normal rules of negligence law do not
necessarily apply because of the peculiar
traditional general legal rules involving
the liability of landowners and land pos-
sessors and because some libraries and
librarians are shielded by the doctrine of
sovereign immunity and by North Caro-
lina statutory law. An interesting and
probably fallacious hypothesis is that li-
braries are not sued because they are like
omom, flag, and apple pie� or because
they are not odeep pockets� or are ojudg-
ment proof�" that is, libraries do not
have adequate funds to pay a large money
judgment.

The liability exposure of libraries and
librarians to persons injured on the pre-
mises is determined by several factors: the
type of library, the type of injured party,
and the manner in which the injury was
caused. In North Carolina, municipal and
county libraries are shielded partially from
liability by the doctrine of sovereign im-
munity.T State libraries, including those at
state-supported academic institutions, may

North Carolina Libraries

be sued under the North Carolina Tort
Claims Act.T Libraries which operate as
parts of for-profit businesses, corporate
libraries, and law firm libraries generally
fall under the rules of premises liability
that have been developed over the past
two centuries in North Carolina or have
been developed elsewhere and adopted in
North Carolina. The liability of libraries of
charitable and educational organizations"
museums, charity hospitals, private aca-
demic libraries"was once deflected by the
doctrine of charitable immunity, but that
has been removed. They now face the same
level of liability as corporate libraries.

Under the arcane rules of premises
liability, the rea-
SOM yeLOrye y the
individualTs
presence on the
libraryTs premises
may have more to
do with the likeli-
hood of his being
able to recover
damages for his
injuries than
anything else.
Three classes or
statuses of users
are recognized:
trespassers, lic-
ensees, and invitees. Recovery may also be
denied or limited if the library and its staff
exercised reasonable care in keeping the
premises safe. Recovery may also depend
upon whether the condition deemed to
cause the injury is so obvious that any
reasonable person would know to avoid
the danger or upon whether the danger
was hidden. Finally, the condition must
have caused the injury.

All of the above assumes that the
injury was caused by negligence. Users of
libraries can also be injured intentionally

by Thomas Steele

by library personnel. For example, amem-
ber of the library staff might assault a
particularly troublesome patron. The au-
thor has found no such case, but can easily
imagine its occurrence.

This article will explore the types of
injuries that have occurred in libraries in
North Carolina and nationally, as well as
the most common kinds of injuries suffered
by individuals on various premises. Then,
the author will discuss the law of premises
liability in North Carolina. Next, the article
will explore immunities that shield certain
types of libraries. Finally, it will conclude with
some suggestions for minimizing the risk of
injury to library staff and users.

... the reason for the individual's
presence on the library's premises may
have more to do with the likelihood of
his being able to recover damages for
his injuries than anything else.

Types and Causes of Injuries

Sustained In Libraries

Nationwide, the most frequent injuries
sustained by library users are those involv-
ing a slip and fall. Generally, the most
common causes of those injuries are im-
properly constructed or maintained stairs
or steps, foreign substances (usually liq-
uid) on the floor,T and objects on floors
and stairs.T Library users are also often in-
jured by falling on sidewalks just outside

Spring 1991 " 9

libraries* and in entryways.T These falls are
usually caused by icy pavement,T the de-
fective design or construction of the walk-
way, or improper maintenance of the
surface. Children have become injured on
fences.'! Construction workers and police-
men have fallen through roofs and sky-
lights.T Users have also been injured by
assailants who attacked them in the li-
brary.T Library users have also been in-
jured by defective elevator doors.'* Con-

Nationwide, the most frequent
injuries sustained by library
users are those involving

a slip and fall.

struction activities, including falling scaf-
folding, have caused other injuries.T In the
only North Carolina case involving a li-
brary, Siebold v. Kinston-Lenoir County Public
Library, the injury was caused by a slip and
fall on oentrance stairs.�

A look at injuries occurring on the
premises of other public and business op-
erations, however, is helpful to determine
what can happen. Generally most injuries
have been caused by slips and falls on
slippery spots or foreign substances on
floors,'©and worn carpeting or metal strips!�
on stairs and steps.'® In addition, injuries
have included falls from defective chairs,'°
falling objects striking users,�° or the col-

lapse of tables.�
Finally, there are cases involving inju-

ries caused by acts of third parties.� In fact,
liability for the criminal acts of third parties
is an area of increasing concern since librar-
ies can be held to a standard of reasonable
knowledge that such acts can occur.

Liability for Injuries Occurring
on the Premises of North

Carolina Libraries

Injuries on library premises and, in fact,
on most premises are only rarely claimed
to be the result of an intentional act.
Commonly, the injury is claimed to have
occurred because of the negligence of those
in charge of the premises. Negligence has
become the predominant cause of action
for accidental injuries in the country, but
its elements are misunderstood by lay-
persons and many lawyers.� It consists of
four elements: (1) a duty on someoneTs
part to conform to a standard of conduct

10 " Spring 1991

in order to protect others from unreason-
able risks; (2) a breach of that duty; (3) a
causal connection between the breach and
injury to another; and (4) actual loss caused
by the injury.o In most American juris-
dictions, the duty owed to someone who
comes onto the premises depends upon
his or her status as either a trespasser,
licensee, or invitee.

The level of duty of care required is
tied directly to the nature of the personTs
business while on the
libraryTs premises. For ex-
ample, if an individual is
on the premises without
permission, he or she is
categorized as a trespasser.
The library owes no duty
to trespassers other than
to refrain from intention-
ally injuring them.� In-
tentional acts could in-
clude such acts as a third
party physically attacking
users or setting traps for them.�° There is
one significant exception to this rule. The
child trespasser rule states that a property
owner may be held liable even though a
child is a trespasser if (1) the owner knows
that children likely will trespass on the
property; (2) if there is a man-made cre-
ation on the property that poses serious
risk to children that the
children could not
comprehend; ard (3)
if the owner failed to
use reasonable care in
the maintenance of the
artificial condition.��
Water hazards (such as
goldfish ponds), con-
struction sites, play
equipment, and sky-
lights�* are the kinds of artificial construc-
tion conditions that might be found in or
around libraries.

If an individual is on the premises
solely for his own benefit and not for that
of the landowner, he is called a licensee.�
The libraryTs duty is not to intentionally or
recklessly injure him. Only rarely would
library users be defined as being licensees.
For example, if a library were located in a
non-public area of a corporate headquar-
ters or law firm, customers or clients who
wander into the library might be termed
licensees. Staff areas of public libraries
might also be areas where a library user
would be classified as a licensee.

While no case in North Carolina has
stated it expressly, case law in other juris-
dictions and analogous situations in North
Carolina seem to indicate that most li-
brary users and employees fall into the
class of invitees. Whether library users are

classed as invitees or licensees is very im-
portant. Recovery for injuries and thus
liability is much more likely if the indi-
vidual is an invitee. If the area clearly is
identified for library employees only, and
not an area that is a normal part of the
public areas of the building, it is more
likely that the individual will be termed a
licensee.*° For example, a patron who leaves
a public area to go to a non-public rest
room and is injured in the non-public area
has been held to be a licensee and not an
invitee.*1 However, repairmen,?� con-
struction workers,** and employees** have
been identified as invitees. Any place that
the public is expected to go is considered
a public area.*

A library owes the highest duty to an
invitee. Invitees are those individuals who
come onto the property by invitation ei-
ther express or implied and for the mutual
benefit of the library and the individual.
The duty is to exercise reasonable care to
keep the library premises safe and to warn
of non-obvious dangers.*°

Generally, the library premises must
be kept reasonably safe.*�? Keeping the
premises reasonably safe includes making
reasonable inspections.** Compliance with
the Building Code in constructing a
building is also considered reasonable.*?
Even conditions created by the injured

Negligence has become the
predominant cause of action for
accidental injuries in the country ....

party have been held to be actionable if
there is a continuing series of acts that
would give the landowner notice.*�

The library has no duty to warn users
about obvious dangers, but has a duty to
warn about hidden dangers. Displaying
merchandise* or information� in a place
that is by an unguarded handrail can di-
vert the attention and obscure an obvious
condition. However, uneven pavement,
a step, ** and adjacent areas of tile and
linoleum* and even a chair in a darkened
dance hall** have been held so obvious
that there is no duty to warn.

The library owes a duty to invitees to
reasonably care for the library premises and
warn of non-obvious dangers. Even if that
duty is not breached, the library may still
notbe held liable for an injury if the libraryTs
actions did not cause the injury.*T The in-
jured party must prove that the libraryTs
failure to fulfill its duty caused the injury.

North Carolina Libraries

""" a.

Public and Public School

Libraries

Statutes and common law limit the liability
that exists for personal injuries that are
caused by the negligence of county and city
publicand school library personnel. It has
been held that municipalities may not be
sued for personal injuries as long as the
municipality engages in a proper govern-
mental function*®? as opposed to a propri-
etary function.®° The operation of a public
library has been held to be a governmental
function, and thus the municipality, the
library, and the librarians may not be held
liable in tort for negligence in maintaining
the library.5' However, this governmental
immunity may be waived by the purchase
of liability insurance under N.C.G.S. §
160A-485.°2 The city may not waive its
immunity for any other reason than the
purchase of liability insurance.** Although
there is no case law, public libraries oper-
ated by regional library districts are appar-
ently in the same situation as municipal
libraries. Library systems are authorized by
statute and are created as cooperative ven-
tures of municipalities and/or counties.

The effect of the statutes and the
governmental immunity doctrine has been
to limit litigation in this area. No other
personal injury case, other than the
Siebold case, involving a public library
has come before either the North Carolina
Court of Appeals or the Supreme Court of
North Carolina.

Public librarians should not feel that
they are immune from lawsuits arising
from injuries to library users; however,
while there has been no case involving
libraries, it is clear that liability may exist
for international torts.*° The governmen-
tal immunity doctrine only applies if the
employee is engaged in the governmental
function. An international act of a library

Weekly inspections of library
premises with an inspection sheet
are recommended.

employee may be ultra vires, that is, out-
side the scope of employment; the library
would probably not be held liable, but the
employee might be. Examples of this type
of conduct might include an assault upon
a library user by a circulation clerk or the
setting of a trap to catch a library user who

North Carolina Libraries

was committing an infraction of library
rules. In this situation, the library em-
ployee would have intentionally caused
an injury.

Academic and Other Private Non-

Profit Libraries

Until the 1960s charitable institutions"
private academic institutions, churches,
and charity hospitals"were shielded sub-
stantially from liability by the charitable
immunity doctrine.** However, this is no
longer the case. The liability of academic
libraries and other non-profit institutions
is thus determined by the law of premises
liability summarized earlier in the article.

Libraries of For-Profit
Organization

Libraries in corporations, law firms, for-
profit medical hospitals, and other for-
profit libraries are all subject to the general
law governing premises liability in North
Carolina. Many such libraries are not in
public areas or are not open to the public.
Thus, injured individuals other than em-
ployees, workmen, and others*T might be
considered to be licensees.

Libraries Operated by State

Agencies and Institutions

Libraries in state agencies and institutions
including state college and university li-
braries are not shielded by the govern-
mental immunity doctrine as are local

government libraries. Instead, injuries oc-.

curring on these premises are governed by
the North Carolina Tort Claims Act.** While
the general rules governing liability for
libraries of non-profit organizations apply,
there are two very important conditions.
First, the North Carolina Industrial Com-
mission rather than the courts hears such
claims.°? Second, dam-
ages are limited to
$100,000. Claims under
this act are strictly lim-
ited to negligence
claims.© Claims for in-
tentional torts caused by
acts of officers while in
the line of duty are not
covered.°!

Conclusion

Quite apart from the liability of libraries
and librarians, all librarians prefer that
injuries on library premises be reduced.
The best way to do this is to exercise sound

professional judgment when dealing with
potentially dangerous conditions. Con-
sultations with safety experts, engineers,
and architects, as well as the use of pub-
lished standard sources� should take place
during the design phase. An inspection
sheet produced after consultation with
engineers, building inspectors, fire safety
officers, and lawyers is probably the best
way to avoid injuries and, coincidentally,
to produce documentary evidence of dili-
gence in maintaining library premises (see
Appendix). Weekly inspections of library
premises with an inspection sheet are rec-
ommended. Library managers should fol-
low up with maintenance personnel when
problems are noted, to ensure that repairs
are properly done; and they should keep a
file of all inspection sheets, work orders,
and memoranda regarding repairs. Such
simple common sense steps do not require
legal training, just sound judgment in
professionally managing a library.

References

1. Readers should also consult D. Logan:
N.C. Tort Practice Manual (rev. ed. 1990) for
broader, more in-depth coverage of premises
liability law in North Carolina.

2. Lynch, oLet it be me: A Bibliography on
Librarian Malpractice,� 16 Southeastern Law Li-
brarian, Fall 1990, at 5; see also Steele, oThe
Liability of Librarians for Negligence,� 26 Public
Lib. 127 (1987).

3. Siebold v. Kinston-Lenoir County Public Li-
brary, 264 N.C. 360, 141 S.E.2d 519 (1965).

4. N.C.Gen. Stat. §§ 143-291 - 143-300.1 1990.

5. Siebold, 264 N.C. 360, 141 S.E.2d 519
(1965).

6. Lowe v. City of New York, 110 A.D.2d 825,
488 N.Y.S.2d 621 (1985).

7. LaMarcov. Brooklyn Public Library, 256 A.D.
954, 10 N.Y.S.2d 129 (1939).

8. Rawlings v. Angelo State University, 648
$.W.2d 430 (Tex Civ. App. 1983).

9. Siebold, 264 N.C. 360, 141 S.E.2d 519
(196S).

10. Plymale v. Sabina Public Library, No. 870-
02-005 (Ohio Ct. App. Dec. 21, 1987)
(WESTLAW, States database, OH file).

11. Roffenbender v. City of New York, 17
N.Y.2d 754, 217 N.E.2d 38, 270 N.Y.S.2d 214
(1966).

12. Paz v. City of New York, 157 A.D.2d 562,
550 N.Y.S.2d 304 (1990).

13. Oreonv. City of St. Louis Municipal Library
District, 780 S.W.2d 60 (Mo. App. 1989).

14. Papadopoulou v. Indiana University Board
of Trustees, No. 1P-80-499-C (S.D. Ind. 1981).

15. Robey v. Keller, 114 F.2d 790 (4th Cir.
1940).

16. Duggins v. Colonial Stores, Inc., 323 F.2d
117 (4th Cir. 1963); Register v. Great Atlantic &
Pacific Tea Co., 235 F.Supp. 847 (E.D.N.C. 1964);
Norris v. BelkTs Dept. Store of Dunn, Inc., 259 N.C.
359, 130 S.E.2d 537 (1963).

17. Hedgepeth v. RoseTs Stores, Inc., 40 N.C.

Spring 1991 " 11

Na.

App. 11, 251 S.E.2d 894 (1979).

18. Southerland v. Kapp, 59 N.C. App. 94,
295 S.E.2d 602 (1982).

19. Husketh v. Convenient Systems, Inc., 295
N.C. 459, 245 S.E.2d 507 (1978).

20. Keith v. S.S. Kresge Co., 29 N.C.App. 579,
225 S.E.2d 135 (1976).

21. Aarhus v. Wake Forest Univ., 57 N.C. App.
405, 291 S.E.2d 837 (1982).

22. Munrow v. Daniels, 321 N.C. 494, 364
S.E.2d 392 (1988).

23. W. Keeton, D. Dobbs, R. Keeton & D.
Owen, Prosser &Keeton on The Law of Torts at §
28, at 161 (W. Keeton, Sth ed. 1984).

24. Id. at § 30, at 164-65.

25. Deanv. Wilson Construction Co., 251 N.C.
$81, 111 S.E.2d 827 (1960).

26. See Katkov. Briney, 183 N.W.2d 657 (Iowa
1971) where the defendant landowner set a
spring-gun trap.

27. Broadway v. Blythe Industries, Inc., 313
N.C. 150, 326 S.E.2d 266 (1985).

28. Forte v. Dillard Paper Co., 35 N.C. App.
340, 241 S.E.2d 394 (1978).

29. Logan, Id.

30. Samuel v. Simmons, 50 N.C. App. 406,
273 S.E.2d 761 (1981).

31. B. Cupitav. Carmel Country Club, 252N.C.
346, 113 S.E.2d 712 (1960).

34. Bemont v. Isenhour, 249 N.C. 106, 105
S.E.2d 431 (1958).

35. Hicks v. Food Lion, 94 N.C. App. 85, 379
S.E.2d 677 (1989). Parking lots, entrances and
adjacent sidewalks have been held to be in-
cluded.

36. Bolkhir v. North Carolina State Univ., 321
N.C. 706, 365 S.E.2d 898 (1988); Lyvere v. Ingles
Markets, 36N.C. App. 560, 244S.E.2d 437 (1978).

37. Bolkhir v. North Carolina State Univ., 321
N.C. 706, 365 S.E.2d 898, 45 Educ. L. Reptr. 393
(1988).

38. Grady v. J.C. Penney, 260 N.C. 745, 133
S.E.2d 678 (1963).

39. Moon v. Bostian Heights Volunteer Fire
Department, 97 N.C. App. 110, 387 S.E.2d 225
(1990).

40. Bolkhir, 321 N.C. 706, 356 S.E.2d 898
(1988).

41. Thomas v. Dixson, 88 N.C. App. 337, 363
S.E.2d 209 (1988).

42. Walkerv. County of Randolph County, 251
N.C. 805, 112 S.E.2d 551 (1960).

43. Little v. Wilson Oil Corp., 249 N.C. 773,
107 S.E.2d 729 (1959); Evans v. Batten, 262 N.C.
601, 138 S.E.2d 213 (1964).

44. Benton v. United Bank Building Company,
223 N.C. 809, 28 S.E.2d 491 (1944).

45. Evans v. Batten, 262 N.C. 601, 138S.E.2d

263 N.C. 769, 140 S.E.2d 355 (1968).

48. N.C.Gen. Stat. § 160A-485 (1987) (mu-
nicipalities); N.C.Gen. Stat. § 153A-435 (1987)
(counties), The first expression of this doctrine
is found in Russell v. Men of Devon, 100 Eng. Rep.
359 (K.B. 1788).

49. Siebold v. Kinston-Lenoir County Public
Library, 264 N.C. 360, 141 S.E.2d 519 (1965).

50. Rich v. City of Goldsboro, 282 N.C. 383,
192 S.E.2d 824 (1972).

51. Siebold, 264 N.C. 360, 141 S.E.2d 519
(1965).

52. Siebold v. City of Kinston, 268 N.C. 615,
151 S.E.2d 654 (1966).

53. N.C.Gen. Stat. § 160A-485 (1989).

54. N.C.Gen. Stat. § 153A-270 (1987);
N.C.Gen. Stat., §§ 160A-460 - 160A-464 (1987).

55. Dickersonv. Atlantic Refining Co., 201 N.C.
90, 159 S.E. 446 (1931).

56. Rabonv. Rowan Memorial Hosp., 269 N.C.
1, 152S.E.2d 485 (1967); N.C.Gen. Stat. § 1-539.9
(1989).

57. Logan, Id.

58. N.C.Gen. Stat. §§ 143-291 - 143-300.1
(1990).

59. N.C.Gen. Stat. § 143-291 (1990).

60. North Carolina Tort Practice Handbook
316 (rev. ed. 1955).

61. Jenkins v. North Carolina DepTt. of Motor

32. Paffordv.J.A. Jones ConstructionCo.,217 213 (1989). Vehicles, 244 N.C. 560, 94 S.E.2d 577 (1956).
N.C. 730, 9 S.E.2d 408 (1940). 46. Revis v. Orr, 234N.C. 158, 66 S.E.2d 652 62. E. Mason., Mason on Library Buildings

33. Spivey v. Babcock & Wilcox Co.,264N.C. (1951). (1980). Fewreaona aeona]
387, 141 S.E.2d 808 (1965). 47. McGaha v. Smoky Mountain Stages, Inc.,
APPENDIX A

DATE
WAKE FOREST UNIVERSITY INSPECTION SHEET
AREA LIGHTS CEILING/FLOOR/WALLS __ FURNITURE

Circulation Desk

SECOND

THIRD

Stacks

Stacks

FOURTH

Reading Room

Reporter * Room

Periodical Room

* Reporter is a term used to refer to a book of case opinions.
aT

12 " Spring 1991

North Carolina Libraries

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NY One 52

Spring 1991 " 13

Sexual Harassment in the Library:

ibrary employees have the

right to be free of illegal dis-

crimination on the job under

Title VII of the Civil Rights Act

of 1964. Discrimination based

on sex is prohibited under the
Actalong with discriminatory employment
actions based on race, religion and na-
tional origin. One particular type of sex
discrimination, sexual harassment, has re-
ceived much recent attention. All employ-
ees should be free of demands for sexual
favors from supervisors and should enjoy
a work environment that is free of harass-
ing behavior from co-workers. Such stan-
dards appeal to most library managers
who seek enhanced productivity and op-
pose harassment not only because it is
illegal, but because it interferes with pro-
ductivity.

While sexual attraction on the job is
normal, sexual harassment can interfere
with an individualTs ability to perform his
or her job successfully, may have a detri-
mental effect on others in the organiza-
tions, and ultimately will impact on the
effectiveness of the library. A series of
court decisions have developed standards
concerning an employerTs liability for
sexual harassment. Although there have
been no reported decisions involving
sexual harassment in libraries, there is no
reason to believe that libraries areimmune
from sexual harassment. There have been
several cases of harassment in govern-
ment agencies and educational institu-
tions, as well as many in private employ-
ment situations. A number of studies have
demonstrated the scope of the problem.
One of the largest studies was conducted
in 1980 by the U.S. Merit Systems Protec-
tion Board, which surveyed 23,000 federal
workers. Over forty-two percent of women
workers and fifteen percent of male work-
ers reported being sexually harassed by
their supervisors, co-workers or third par-
ties, such as clients.� The study was up-

14 " Spring 1991

The Law

dated covering 1985-87 with similar re-
sults; forty-two percent of female and
fourteen percent of male federal employ-
ees reported being victimized by sexual
harassment. The most interesting factor in
the update is that the federal workforce
grew by 100,000 females; thus, a consid-
erably larger number of women workers
were surveyed.3

Title VII of the Civil Rights Act of 1964
is the overall anti-discrimination statute.
It governs all employers, including librar-
ies, which employ more than fifteen
employees. *For Title VII purposes, the par-
ent organization and not
just the library is consid-
ered the oemployer.� Thus,
it is the entire county gov-
ernment, university or
corporation which is the
employer; under this stan-
dard, virtually every library
in the country is covered
by Title VII.

The preamble to Title
VII states that equality of
employment opportunity
shall not be abridged on
account of race, national
origin, religion or sex.®
Sexual harassment constitutes sex dis-
crimination under the Act. Although there
are reported cases of sexual harassment by
a female supervisor on a male subordi-
nate,° and male on male sexual harass-
ment, the huge majority of cases are male
on female harassment.T Female on male or
homosexual harassment is just as devas-
tating for the employee as the typical male
on female situation. However, for purposes
of this article it is assumed that harassers
are male and victims are female.

Today most individuals agree that
employees should not be subjected to de-
mands for sexual favors on the job. Only
recently, however, has the U.S. Supreme
Court recognized sexual harassment as sex

mmm Dy [aura N. Gasaway

discrimination. It is precisely because of
the personTs sex that he or she is subjected
to such treatment.® The key issue for most
libraries in a sexual harassment complaint
is whether the library as an employer is
liable to the employee for the harassing
conduct of either supervisors or co-workers.

Conduct that qualifies as sexual ha-
rassment may range from offensive sexual
innuendos to actual physical assaults, and
courts tend to consider a victimTs response
to such conduct in determining whether
the conduct is sexual harassment. In other
words, some employees enjoy and partici-

All employees should be free of
demands for sexual favors from
supervisors and should enjoy a
work environment that is

free of harassing behavior
from co-workers.

pate in sexual banter and jokes while other
workers might consider the behavior to be
harassing. Although not dispositive of the
issue, whether the victim has participated
in such workplace banter may be relevant
to a court in determining if particular
conduct constitutes sexual harassment in
a given situation.

The Equal Employment Opportunity
Commission (EEOC) is the federal agency
charged with enforcing Title VIITs anti-
discrimination provisions.? The EEOC has
promulgated guidelines which define
sexual harassment as unwelcome sexual
advances, requests for sexual favors and
other verbal or physical conduct of a sexual
nature occurring under any of three con-

North Carolina Libraries

nn SSS

ditions: (a) where submission is either ex-
plicitly or implicitly a term or condition of
employment, (b) where submission or re-
jection of the conduct forms the basis for
an employment action, or (c) where the
conduct has either the purpose or effect of
substantially interfering with the
individualTs work performance or creating

Only recently...

has the U.S. Supreme Court
recognized sexual harassment
as sex discrimination.

an intimidating, hostile or offensive work-
ing environment.'°

Courts now recognize that there are
two separate types of sexual harassment.
The first is defined as quid pro quo harass-
ment. This is the type of harassment most
individuals recognize as discriminatory.
Quid pro quo harassment occurs whenever
a supervisor or other person in authority
demands sexual favors from a subordinate.
In exchange for granting the favors, the
employee receives some employment
benefit, such as a raise, a promotion, a
favorable performance review, etc. Like-
wise, employees who deny the request
from sexual favors are opunished� by being
denied the raise or promotion, or are
transferred to a less desirable job or are even
fired." Quid pro quo has been characterized
as sexual blackmail,� and most early cases
involved quid pro quo harassment.

The second type of sexual harassment
is called hostile work environment.
Whenever a supervisor or co-workers par-
ticipate in sexual jokes, teasing or more
blatantly destructive behavior, the work-
ing environment may become so tainted
with such behavior that the environment
becomes a hostile one for women or a
single woman. Submission to such conduct
becomes a term or condition of employ-
Ment if the woman wants to continue
working there.T The primary difference
between hostile work environment and
quid pro quo claims is that there is no re-
taliation or adverse employment decision
based on the womanT s refusal to participate
in the conduct or refusal to grant sexual
favors. Also, the employerTs liability for
the two types of sexual harassment claims
may differ. In Meritor Savings Bank v.
Vinson,'*the U.S. Supreme Court endorsed
the definitional portion of the EEOC
Suidelines including the ooffensive or
hostile work environment� part of the

North Carolina Libraries

definition. The Court also endorsed an
additional requirement to establish a hos-
tile work environment claim: the offended
party must prove that sexual harassment
is sO severe or pervasive that it alters the
conditions of her employment.T°

Clearly, in most situations, an em-
ployer is liable for actions of supervisory
personnel. For quid pro quo
sexual harassment, the
EEOC guidelines would
make the employer strictly
liable regardless of whether
the employer specifically
prohibited harassing con-
duct or even knew about it
and failed to take immedi-
ate and appropriate correc-
tive action.!� An employee
is not required to follow
internal grievance procedures; instead, she
may file a complaint directly with the
EEOC. By utilizing internal grievance pro-
ceedings, however, the woman presents
an employer with an opportunity to solve
the problem internally and at a much
lower level than by initiating a Title VII
complaint with the EEOC.

The Meritor opinion does not go so far
as to impose strict liability on employers
for hostile work environment situations,
but the Court indicates that, in general,
agency principles would apply in deter-
mining liability.* Liability for harass-
ment of an employee by fellow workers
was not addressed in Meritor; however, the
EEOC guidelines suggest that the em-
ployer is liable for failure to take imme-
diate and appropriate action if the em-
ployer knew or should have known of the
co-worker conduct.�

ducation of all workers is the

first step in prevention. The

EEOC guidelines emphasize af-

firmative prevention,� and there

are many reasonsa library should
implement a preventive program. First,
the chance of harassment occurring is
lessened when all employees know the
rules. A clear policy and well established
procedures reduce the time required for
the library manager to learn of the harass-
mentand take corrective action. There also
is a significant benefit to victims when
they know their rights. Victims are more
likely to take self-help measures to pre-
vent recurrences of sexually harassing
behavior. Likewise, the likelihood of suc-
cessful internal resolutions through early
intervention are increased. Should the
sexual harassment complaint ultimately
go to litigation, a good prevention pro-
gram can help document the employer's

record of good faith. This can affect the
issue of liability and damages. Finally,
work force productivity is enhanced be-
cause harassment and its attendant dis-
tractions are reduced.�

Library employers should take affir-
mative steps first to educate supervisors
about sexual harassment and then to
educate staff. Not everyone automatically
recognizes the range of conduct that can
constitute harassing behavior. Efforts to
make all library personnel aware of the
problem, to show that such conduct is
illegal, and to emphasize that the library
will not tolerate such behavior on the
part of supervisors or workers are signifi-
cant parts of any program designed to
prevent harassment. To facilitate the
process of educating workers, it is useful
to focus on the less serious forms of ha-
rassment as opposed to the more extreme
sexual assaults. Most employees are un-
likely to commit serious assaults, but
routine occurrences, such as offensive
remarks, looks, pictures, pats and touches,
are much more common and should be
stressed as the cause of most sexual ha-
rassment complaints.�

In addition to having an education
program, it is critical that each library
developa written sexual harassment policy
if the parent organization does not have
one. Employers have a business interest in
regulating this aspect of business conduct.
An anti-harassment policy is not an at-
tempt to legislate morality; it focuses on
increasing productivity, not spawning
expensive litigation or jeopardizing gov-
ernment contracts.�7 The policy itself
should state clearly that the library will
not tolerate sexual harassment on the part
of either supervisors or co-workers. It
should specify that anyone affected by
harassing behavior has a right to complain
to management about the harassment and
should indicate how to initiate a complaint.
Further, the policy should state that the
library will investigate all complaints, and
that disciplinary action will be taken
against perpetrators for complaints found
to be legitimate. Lastly, the sexual harass-
ment policy should be publicized widely
within the library.

Libraries may fashion separate com-
plaint and grievance procedures for deal-
ing with sexual harassment or may rely on
normal grievance procedures. It is essen-
tial, however, to provide for complaint to
the personnel department or to an inde-
pendent person named as the sexual ha-
rassment officer should the perpetrator be
the employeeTs immediate supervisor.
Many management experts recommend
that the normal grievance procedure be
used if possible.** Disciplinary action

Spring 1991 " 19

ae

should include a wide array of alternatives
ranging from a simple reprimand to more
serious actions, such as suspension and
termination, determined by the serious-
ness of the harassing conduct.
Supervisors and workers must know
that the library will enforce the policy and
will take seriously any complaint raised.
Haphazard enforcement can subject the

The most important factor in
preventing harassment is a strong
anti-harassment policy,
consistently enforced, coupled with
a continuous education effort.

library to breach of contract claims. Fur-
ther, employers must enforce the policy
uniformly at all levels of employment and
supervision.�

Ensuring employer and supervisor
compliance requires more than promul-
gating a policy and distributing it only
once to employees. The policy must be-
come a part of any employee handbook
and must be publicized to employees on a
regular basis. Many universities publish
their policies each autumn and require
departments, divisions, and units to route
copies of the policy to all employees on
an annual basis. The most important
factor in preventing harassment isa strong
anti-harassment policy, consistently en-
forced, coupled with a continuous edu-
cation effort.

The Supreme Court has recognized
the importance of such employer-initiated
programs and indicated that employer li-
ability might be lessened if such affirma-
tive steps to stop sexual harassment were
undertaken.�* Not only to comply with
the CourtTs reasoning, but also because it
is sound business practice, libraries should
develop mechanisms for successfully
handling harassment complaints.

tis essential that the library inves-
tigate any sexual harassment
claims. Not only is a thorough
investigation useful to employers
in minimizing liability, but it as-
sists gathering information, clarifying the
issues, evaluating the incident, making a
judgment about the libraryTs response to
the claim,?� and taking appropriate cor-
rective actions. Additionally, the investi-
gation provides support for the sexual

16 " Spring 1991

harassment policy, and establishes the
employerTs commitment to the policy and
the seriousness with which the library
administration views sexual harassment.

Clearly, an investigation must be con-
ducted with sensitivity to both the victimTs
and the alleged harasserTs feelings. Many
victims want the investigation to be con-
ducted anonymously, but this is not pos-
sible unless several
women have com-
plained about the same
harassing conduct. It is
essential that confiden-
tiality be maintained
except for the parties in-
volved and any witnesses
questioned. By ensuring
confidentiality, the li-
brary may insulate itself
from any defamation
charge an alleged ha-
rasser might bring.�

After the investigation is complete,
the investigator should prepare a written
report to the library director. The report
should include: (1) a summary of the alle-
gations and the accusedTs response; (2) a
summary of the individuals interviewed
and their credibility; (3) a presentation of
the findings of fact; (4) discussion of the
conclusions about the allegations; and (5)
recommendations for remedial or other
corrective action.�

The desired result of any libraryTs re-
sponse to sexual harassment primarily
should be a clear understanding by the
parties that the library opposes and will
not tolerate sexual harassment of any
kind. A second desired result is an
affirmation by the parties that the ha-
rassing conduct will not be repeated.
Another desired result of any libraryTs
response to a claim which is demonstra-
bly groundless is that the offended partyTs
misperception will be dispelled.*°

he only reliefa complainant may

seek is an end to the harassment.

Frequently, the library managerTs

disciplinary action against the

harasser will be sufficient to stop
the behavior. Thus, the harassed worker
may seek no further remedy. In the quid pro
quo situation, however, the victim has
already suffered either an adverse employ-
ment action or failed to receive benefit to
which she was entitled because she re-
fused to accede to the harasserTs demands.
To make the victim whole again, some
remedial action must be taken to restore
what she has lost. If she has been termi-
nated or constructively discharged, rein-
statement is the appropriate remedy. Offer

~*

of reinstatement with restoration of lost
benefits frequently is sufficient to avoid
litigation. Cash settlements also have been
used to avoid litigation.

Should the victim file suit under Title
VII, the remedies available are back pay,
reinstatement, and restoration of lost ben-
efits.*! There are no punitive damages
under Title VII. Should she also file charges
under state law, she may be eligible for
monetary damages to compensate for any
psychological injury. Punitive damages to
deter future sexual harassment may be
available.�

Hostile work environment claims seek
to address non-economic injuries. Thus,
victims claiming hostile work environ-
ment under Title VII are eligible only for
injunctive relief, i.e., an order to stop the
harassing behavior and reinstate the em-
ployee or restore other lost benefits.**

onsensual sexual relationships
between co-workers certainly

occur and have resulted in sexual
harassment complaints when the
relationship soured. Courts have

not been hospitable to complaints arising
from previously sexual relationships, es-
pecially if one party wants to end the affair
while the other desires it to continue.
Because of the problems amorous rela-
tionships on the job can cause, an
employerTs anti-harassment policy should
deal with consensual relationships as well.
There are many types of consensual
sexual relationships: (1) the female em-
ployee consents to the relationship be-
cause she fears retaliation if she says no, (2)
she acceded to sexual demands because
she believes it is the only way to get ahead,
(3) she consents at first and later changes
her mind, and (4) the employee isa willing
participant, but the relationship sours. In
Meritor, the Supreme Court indicated that
a victim who consented to the relation-
ship was not automatically excluded from
relief.** Clearly, problems of proof are more
difficult in consensual relationship cases.
Consensual relationships cause diffi-
culties for other workers who are aware of
the situation. Perceptions of favoritism
can be extremely detrimental to morale,
and such perceptions are hard to correct. It
can be argued that a hostile work environ-
ment is created for other workers who are
made to feel uncomfortable by any public
manifestation of the amorous relation-
ship or simple familiarity in the business
setting.* Whethera third party has grounds
to complain about payoffs to another
employee who is involved in a sexual
relationship with a supervisor is some-
what unclear. Some courts have allowed

North Carolina Libraries

non-victims injured by favoritism to sue
Successfully. Such courts tend to allow a
Cause of action in any case in which sex
Was a substantial factor in an employ-
Ment decision.** Other courts have found
there is no gender connection, since un-
Successful candidates for a promotion
Might be of either sex. To these courts,
there is no causal connection between
the plaintiffTs gender and the employ-
Ment disadvantage.*T

Although many sexual harassment is-
Sues have not yet been resolved by the
Courts, sexual harassment clearly is a vio-
lation of federal law for which a library
May be liable. Ensuring a harassment free
Workplace not only benefits library pro-
ductivity, but also helps insulate the li-
brary from liability. Education of both
Supervisors and employees as well as de-
velopment, publication, and enforcement
of a sound, written sexual harassment
Policy are critical.

© 1990 L. Gasaway

References

1. 42 U.S.C. § 2000e (1988).

2. See Sexual Harassment in the Federal
Workplace: Is It a Problem? Report of the U.S.
Merit Systems Protection Board (1981).

3. Trost, oSexual Harassment Persists on
Jobs, U.S. Study Finds,� Wall St. J., June 30,
1988, at 10, col. 1.

4. 42 U.S.C. § 2000e-2(a) (1988).

5. Id. at 2000e-2(a) (1).

6. See Heubschen v. Department of Health
and Social Servs., 716 F.2d 1167 (7th Cir.
1983).

7. See Joyner v. AAA Cooper Transp., 36
E.P.D. (CCH) { 35, 167 (D. Ala. 1985).

8. See Meritor Savings Bank v. Vinson, 477
U.S. 57, 64 (1986).

9. 42 U.S.C. § 2000e-4 (1988).

10. 20 C.F.R. § 1604.11(a) (1980).

11. Meritor, 477 U.S. at 64-65.

12. Note, oThe Aftermath of Meritor: A
Search for Standards in the Law of Sexual
Harassment,� 98 Yale L.J. 1717, 1718 (1989)
(hereinafter oAftermath�].

13. Meritor, 477 U.S. at 65-55.

14. Id.

15. Id.

16. Id. at 67, quoting Henson v. City of
Dundee, 682 F.2d 897, 904 (11th Cir. 1982).

17. 29 C.F.R. § 1604.11(c) (1980).

18. 477 US. at 71-72.

19. 29 C.F.R. § 1604.11(d) (1980).

20. Id. at §1604.11(f).

21. Kandel, oSexual Harassment: Persis-
tent, Prevalent but Preventable,� 14 Employee
Rel. L.J. 439, 441 (1988) [hereinafter Kandel].

22. Id. at 447.

23. Id. at 442.

24. Id. at 445.

25. Id. at 442.

26. Meritor Savings Bank v. Vinson, 477
U.S. 57, 72-73 (1986).

27. Bryson, oThe Internal Sexual Harass-
ment Investigation: Self-Evaluation Without
Self Incrimination,� 15 Employee Rel. L.J. 551,
551-52, 554 (1990).

28. Id. at 552.

29. Id. at S57.

30. Kandel, supra note 21, at 451.

31. 42 U.S.C. § 2000e-5S(g) (1988).

32. Bradford, oRelief for Hostile Work
Environment Discrimination: Restoring Title
VIITs Remedial Powers,� 99 Yale L.J., 1611,
1616 (1990).

33. oAftermath,� supranote 12, at 1719-23.

34. 477 U.S. 57, 69 (1986).

35. Chamallas, oConsent, Equality, and
the Legal Control of Sexual Conduct,� 61 So.
Cal. L. Rev. 777, 846-47 (1988).

36. Id. at 848, citing King v. Palmer, 778
F.2d 878, 880 (D.C. Cir. 1986).

37. Id. at 849, citing DeCintio v.
Westchester County Medical Center, 807 F.2d

304, 307-08 (2d Cir. 1986). aS

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North Carolina Libraries

Spring 1991 " 17

Answering Legal Questions:
Reference or Unauthorized
Practice of Law?

orking at the reference
desk, librarians in all
types of libraries are
asked questions con-
cerning legal issues.
These questions can
take a wide variety of
forms, ranging from requests for help lo-
cating a specific citation to outright re-
quests for legal advice.

In determining what type of reference
service to offer in these situations, several
different issues arise. One is the question
of the unauthorized practice of law, pro-
hibited by statute in North Carolina and
every other American jurisdiction. If a
patron relies on erroneous information,
there could be a question of librarian
malpractice. There is also the broader
question of what types of help reference
librarians should give to patrons with legal
questions.

This article will not deal with librarian
malpractice. The topic has been addressed
elsewhere! and is not a problem that is
limited to legal materials.� The potential
exists for any librarian to be charged with
malpractice for the provision of inaccu-
rate information. Although librarians have
written about it, the issue has never arisen
in court.

Unauthorized practice of law by li-
brarians is another issue that has been
written about, but never addressed in a
court case.T It is worth discussing here,
however, because it illustrates some of the
limits librarians face when answering legal
reference questions.

North CarolinaTs statute on the un-
authorized practice of law reads in rel-
evant part:

[I]t shall be unlawful for any per-
son or association of persons ex-
cept members of Bar, for or

18 " Spring 1991

without a fee or consideration, to
give legal advice or counsel, per-
form for or furnish to another
legal services, or to prepare di-
rectly or through another for an-
other person, firm or corporation,
any will or testamentary disposi-
tion, or instrument of trust, or to
organized corporations or prepare
for another person, firm or corpo-
ration, any other legal document.*

Thus, non-lawyers are prohibited not
only from appearing in court to represent
others (a party is always entitled to rep-
resent himself or herself), but also from
preparing any legal document or giving
legal advice or counsel. It is, of course, the
latter prohibition that must concern ref-
erence librarians.

T

nowing that the giving of legal

advice can be considered the

unauthorized practice of law,

librarians are faced with the

question of what exactly con-
stitutes legal advice. Robin Mills addressed
this issue in her 1979 article, oReference
Service vs. Legal Advice: Is It Possible to Draw
the Line?�T She found, after examining
case law, that:

Answering a question about the law
apparently becomes legal advice
when the answer requires skill and
familiarity with the law, or when the
listener relies on the answer as an
accurate statement of his rights and
obligations, or when the answer is
directed to the specific legal problem
of an individual rather than to
common problems of the public
generally.°

ns Dy Janet Sinder

Mills believes that the distinction between
simply giving legal information and giv-
ing legal advice seems to depend on the
particular circumstances of the situation,
and that no clear standard can be given.T

Once again, librarians are not pro-
vided with much guidance in answering
specific questions. Given this lack of
concrete standards, librarians, especially
those without legal training, need to be
aware of the problems that can arise from
even the simplest question. Mills begins
her article with three hypothetical situa-
tions; the first illustrates that even what
appears to be a straightforward reference
question with a definite answer can con-
tain unexpected problems.

In this example, a patron asks the
librarian how long he has after an auto-
mobile accident to file suit. The librarian
looks at the state statute and tells the
patron that the statute of limitations (the
amount of time following an event in
which a lawsuit can be filed) in personal
injury cases is two years. As the accident
happened six months ago, the patron has
another eighteen months in which to file
suit. Unfortunately, the librarian was not
told that the patronTs wife died in the
accident, and the statute of limitations for
cases involving wrongful death is only one
year.T If the patron relies on the librarianTs
answer to his question, he may not file his
lawsuit in time.

Some might feel that the mistake could
have been avoided by a thorough reference
interview. If the librarian had asked
whether anyone had died in the accident,
the correct answer could have been found.
But should the librarian be expected to
know the correct questions to ask in this
situation? Would he or she have the time
or experience to uncover all the relevant
facts, realize their relevance, and come up
with the correct answer? After all, this is a

North Carolina Libraries

simple example; most legal questions are
more complicated.

eter Schanck has offered four

reasons why librarians should

defer to lawyers in the provision

of legal advice: o(1) The attorney

has better access to the facts in

the case... (2) The lawyer usually has more
complete knowledge of the law. . . (3) The
attorney is able to research the law at his
leisure. . . (4) The lawyer understands the
practical functioning of the legal system.��
Schanck concludes that most librar-
ians do not know the questions to ask or
how to interpret the answers. Further-

Knowing that the giving of legal
advice can be considered the
unauthorized practice of law,

librarians are faced with the
question of what exactly
constitutes legal advice.

more, they do not have the time required
to discover all the facts and do the neces-
Sary research. Schanck recommends that
librarians, when asked for legal advice,
should, even while providing some help,
repeatedly urge patrons to contact an
attorney.T

With these caveats, what exactly can
teference librarians do when confronted
with a legal question? There are several
options, and the most appropriate one
depends on the particular question. Basi-
Cally, the choices are showing the patron
how to use the primary sources to find
information, recommending secondary
Sources on the subject, or referring the
patron to another library or agency.

When faced with a legal question, the
librarian should conduct a normal refer-
ence interview to discover what the pa-
tron wants. This does not require knowl-
edge of the entire history of a legal ques-
tion (allowing the patron to explain this
Should probably be avoided), but the li-
brarian should know whether the patron
is looking for something specific, wants to
understand what his or her attorney is
talking about or is just curious about an
area of law.

If patrons are using primary legal ma-
terials, such as North Carolina cases and
Statutes, they should be advised that the

North Carolina Libraries

law may have changed since the materials
in the library were published. Even the
most recent volume of the advance legisla-
tive service for North Carolina, which
contains statutes more recent than those
in the supplements to the General Statutes,
is not completely up-to-date. North Caro-
lina cases take approximately six weeks to
be published and can take longer to be
indexed. There is no index to the official
reports, and cases may not appear in the
North Carolina Digest for up to a year."

Federal materials pose even more
problems. Most non-law libraries receive
the official, rather than the commercial,
versions of federal statutes and U.S. Su-
preme Court cases.T Commercially pub-
lished resources have
editorial additions that
assist with interpreta-
tion and indexing and
are published more
quickly than most offi-
cial publications. The
official versions of these
statutes and cases can
take as long as two years
to be published. In ad-
dition, most non-law
libraries do not have all
the materials necessary
for complete legal re-
search. For example, a
library may have the United States Code,
but not the Code of Federal Regulations which
contains rules and regulations promul-
gated by federal agencies. They also may
not have all the case law necessary to
determine how courts have interpreted
the legislation.

If a patron is researching cases and
statutes the librarian can demonstrate how
these resources are organized, how to use
the index to find materi-
als, and where in the
index a patron can be-
gin a search. The patron
should also be told that
there may be other in-
dex terms that need to
be checked. The more
the librarian can do to
inform the patron that
the materials, not the li-
brarian, will provide the
information, the better.

Secondary sources
are another option. Nolo Press and others
publish a large number of self-help law
books which are held by most large public
libraries. Self-help law books focus on the
types of cases in which the patron would
be acting affirmatively, doing such things
as buying a house, drawing up a will, or
patenting an invention, rather than re-

sponding as a defendant in a civil or crimi-
nal case.T

The best answer in some instances, as
with other types of reference questions, is
a referral. Does the patron qualify for legal
aid? Can the question be answered by
some government agency? Should the
patron be given the number of the North
Carolina Attorney Referral Service?T Is
there a library in the area that has more
legal materials? If there is a nearby law
library, the librarians there are bound by
the same restrictions on the giving of legal
advice. However, the law library will have
a large selection of legal materials in the
collection and may have staff members
with more experience and a better under-
standing of what the patron needs to do
research. If the best solution is for the
patron to examine primary materials,
those at a law library will probably be
more up-to-date. Law libraries, with their
larger collections, tend to have both the
official and the commercial versions of
cases and statutes.

o understand North Carolina

law on a particular subject, pa-

trons may find some of the trea-

tises written for lawyers help-

ful. There are books on topics

such as family law, real estate, and crimi-

nal law that deal specifically with the law

in North Carolina.' Although written for

attorneys, they may help patrons doing

their own research. They have the benefits

of being directed specifically to the law in

North Carolina, and of analyzing and ex-
plaining the subject.

There are ways that librarians in al-

most any library can assist patrons with

legal problems. The key is to explain that

... patrons... should be
advised that the law may have
changed since the materials in
the library were published.

legal research may be very different from
research in other subjects because of the
interaction of statutes, cases, and adminis-
trative regulations. The law is constantly
changing, and there is rarely a clear answer
on any issue. Librarians can show the
materials to patrons, recommend books to
read for background, and refer patrons to

Spring 1991 " 19

other agencies that might help them. They
should never give advice, but this does not
mean they cannot help. Being aware of the
difference between providing the materials
to answer a question and providing an
answer should help reference librarians
confronted with legal questions.

References

1. See e.g., Dragich, oInformation
Malpractice: Some Thoughts on the Potential
Liability of Information Professionals,� Info.
Technol. & Libr., Sept. 1989, at 265.

2. See, e.g., Gray, oThe Health Sciences
LibrarianTs Exposure to Malpractice Liability
Because of Negligent Provision of Informa-
tion,� 77 Bull. Med. Libr. Assoc. 33 (1989).

3. For a recent article on the subject from
a Canadian perspective, see Rice, oReference
Service versus Unauthorized Legal Practice"
Implications for the Canadian Reference
Librarian,� Legal Reference Services Q., Vol. 10,
Nos. 1/2, 1990, at 41.

4. N.C. Gen. Stat. § 84-4 (1985). For
example, it has been held to be unauthorized

practice of law for a motor club to allow
members to write letters on club stationery
concerning automobile accidents, advising
others that they were liable under the law for
damages and then to draw up receipts for
settlements made because of these letters.
State ex rel. Seawell v. Carolina Motor Club, Inc.,
209 N.C. 624, 184 S.E. 540 (1936).

5. Mills, oReference Services vs. Legal
Advice: Is It Possible to Draw the Line?� 72
Law Libr. J. 179 (1979).

6. Id. at 186 (footnotes omitted).

WAG!

8. Id. at 179.

9. Schanck, oUnauthorized Practice of
Law and the Legal Reference Librarian,� 72
Law Libr. J. 57, 59 (1972).

10. Id. at 64.

11. Ifa library receives the West version
of the court reports, there will be digests
(subject indexes to the cases) in each volume
of the reports.

12. Official publications of cases and
statutes are those published by the govern-
ment. As there is no copyright in any of these
materials, they are very often reprinted by
commercial publishers. For example, the
United States Code is the official version of the

federal code. United States Code Annotated,
published by West Publishing Company, and
United States Code Service, published by
Lawyers Cooperative Publishing, are two
commercial versions. Sometimes the official
code is published by a commercial publisher.
This is the case in North Carolina, where the
North Carolina General Statutes are published
by the Michie Company.

13. See, e.g., D. Clifford, NoloTs Simple Will
Book (2d ed. 1989); P. Miller, The Common
Sense Mortgage (3d ed. 1989).

14. The North Carolina Referral Service
(1-800-662-7660) is run by the North
Carolina State Bar Association. It is a free
service, which will give the caller the names
of several local attorneys who work in a
specific subject area.

15. See, e.g., L. Kelso, North Carolina
Divorce, Alimony and Child Custody (2d ed.
1989); J. Webster, WebsterTs Real Estate Law in

North Carolina 3d ed.1933). """"s

NomingEES NEEDED FOR
TECHNICAL SERVICES AWARDS

The Executive Committee of the Resources and Technical Services Section is seeking the names of promising

and practicing librarians for its Student and Significant Contribution awards. The two winners will receive plaques and
$250 cash awards during the RTSS business meeting at the NCLA Biennial Conference.

The Srupent Awarp is open to students actively enrolled in library education in North Carolina as of July 1,
1991. Recent graduates who are North Carolina librarians are also eligible. Nominees must show a potential for

contributing to technical services and must intend to pursue a technical services career. Self-nomination is permissible.

The SIGNIFICANT CONTRIBUTION AWARD is open to North Carolina librarians who have made an important

contribution in technical services, either to their institutions or to the profession in general. At least part of the

nomineesT current work must involve an aspect of technical service. Applicants must be nominated by a current

member of NCLA.

The nomination deadline for both awards is August 31, 1991.

To submit nominations for either award, please contact:
David Gleim, Chair
RTSS Executive Committee
Catalog Dept., CB# 3914

Davis Library

University of North Carolina at Chapel Hill
Chapel Hill, NC 27599-3914

20 " Spring 1991

North Carolina Libraries

Library Security: One Solution

he problem is not new. Visit
the public library in virtually
any city today and you see a
situation they all share; only
the faces are different. A
woman sits at a corner table
mumbling to herself for hours;
an unkempt man carrying his worldly
Possessions in bags and bedroll sits read-
ing the morning newspaper; a daily patron
takes possession of the unabridged dictio-
nary and the table it sits on and refuses to
allow anyone else to use the dictionary as
he copies the same words over and over,
day after day; and a patron has just re-
ported anaked woman washing her clothes
and bathing in the womenTs restroom.
This is the morning crowd " the homeless,
the mentally unstable, the street people.
By evening, the library fills with many
young people, most working feverishly on
Class assignments, but a few heckle, are
loud, rude, and sometimes destructive.

Often, in libraries, this disruptive be-
havior goes unchallenged. In most cases,
no laws have been broken, and the local
police do not have time to visit the library
routinely. Library staff members are ex-
pected to control the behavior of these
individuals without facing threats, accu-
Sations, and potential liability. But, most
library employees are busy with library
business and try to ignore these problems
Out of intimidation or a feeling that noth-
ing could be done. Some libraries hire
contract security companies either part-
time or full-time. However, the success or
failure of thisapproach depends on the quality
of the company providing the service.

But, what happens to the image of the
library in the community when disruptive
behavior becomes the norm instead of the
exception? Users who have been harassed,
Witnessed disruptive behavior, or felt
threatened will not return. More nega-
tively, they will tell friends othe story� of
disruptive behavior they saw or experi-
enced, who will then think twice before
using the library themselves. When dis-
Tuptive behavior is not controlled, the

North Carolina Libraries

safety and security of library users and staff
are jeopardized. When disruptive behav-
ior goes unchallenged, the libraryTs image
is damaged and use declines. oThe story�
in the community is that the library is not
a safe place to visit.

Can the library change this percep-
tion without infringing upon the rights
of the homeless, the mentally unstable,
and others? Can the library change othe
story� without subjecting its staff to per-
sonal liability?

uring 1986 and 1987, the Ad-

ministrative staff and the

Board of Trustees of the Public

Library of Charlotte and

Mecklenburg County (PLCMC)
had several opportunities to improve library
safety and security issues during the plan-
ning of the renovation and addition
project of the Main Library. Library Ad-
ministration had long faced the daily se-
curity problems caused by inappropriate
behavior. Because of these problems, the
Main Library endured a declining
public image, and many citizens
were determined not to go into
the library. But steps were taken
to address this situation.

First, the Main Library reno-
vation project was one compo-
nent of numerous improvements
in the immediate neighborhood
of the new library. Parking lots
and boarded up buildings were
replaced with CityFair, an uptown
food and retail center, the new
Apparel Mart, a Days Inn Hotel, and the
Spirit Square renovation, as well as the
pending construction of the new Char-
lotte/Mecklenburg Performing Arts Center.
All these projects were designed to bring
people into the downtown area. Thus, the
Main LibraryTs neighborhood greatly im-
proved and positive activities in the area
increased. These changes helped library
patrons feel safer.

In addition, the renovation of Main

eum Dy Nina N. Lyon and
Warren Graham

Library allowed staff to redesign the inte-
rior of the facility with security and safety
concerns as high priorities. Staff were in-
terviewed by the design consultants to
solicit their opinions and recommenda-
tions about the development of an attrac-
tive, functional, and safe facility. Many
staff recommendations were adopted and
implemented. For example, at the recom-
mendation of staff, restrooms were relo-
cated and designed to discourage bathing,
washing clothes, loitering, and other in-
appropriate behavior. Special childrenTs
bathroom facilities were placed in the
ChildrenTs Room area so that unsupervised
children would not have to enter restrooms
also being used by adults. As the predomi-
nant seating system, tables and solid
wooden chairs were chosen over lounge
furniture. A security type motion detec-
tion system was installed to monitor the
entire building after hours. A single en-
trance/exit was established and all emer-
gency exits were tightly controlled and
equipped with alarms.

Most importantly, while the building

When disruptive behavior
goes unchallenged, the
library's image is
damaged and use declines.

was under construction, administrative
staff reviewed existing PLCMCTs Rules and
Regulations for Conduct in Libraries and de-
veloped a more comprehensive list of rules
and regulations for library conduct and
behavior. These rules, which follow this
article, were adopted formally by the Li-
brary Board of Trustees in 1989 prior to the
opening of the new facility.

Initially, every staff member who
worked in the Main Library was asked to

Spring 1991 " 21

state his or her security and safety con-
cerns. Major concerns identified by the
staff included intimidation by patrons,
individual safety, use of drugs by patrons,
unpredictable reactions of some patrons
when staff approached them to correct
behavior, and a feeling that library staff
members should not be the first to ap-
proach users who are causing problems.
Additionally, other urban libraries in the
United States were surveyed to determine
how they handled behavioral problems. A
long list of issues and concerns developed
from these steps. Administrative staff be-
gan working with the Mecklenburg County
Police Department and PLCMCTs legal
counsel to develop a list of prohibited
actions in the libraries along with the
necessary actions to enforce the rules.

In PLCMCTs Rules and Regulations for
Conduct in Libraries, many prohibited ac-
tions already violate local, state, or federal
law, such as solicitation for purposes of
prostitution, carrying concealed weapons
of any type, and indecent exposure. Since
these are clear violations of existing laws,
county and/or city police and county se-
curity can act immediately.

Other actions, such as sleeping, solic-
iting for money or items or services, eat-
ing, drinking, smoking, bathing, washing
clothes, and bringing in bedrolls or large
packages that take up excessive space, are
not illegal according to local, state, or

RIGHT To
REMAIN SILENT

22 " Spring 1991

federal law, but violate PLCMCTs Library
Rules and Regulations for Conduct in Librar-
ies. County security or city police cannot
handle these situations because
they do not violate any local,
state, or federal laws. Since these
actions are violations of library
rules, library staff must first
approach the person and ask
that the situation be corrected
or the behavior changed. If the
situation is not corrected or behavior
changed, then the person is asked to
leave the library premises. If the person
refuses to leave, county security or city
police can arrest the person for trespass-
ing. Once arrested for trespassing, the
person cannot reenter the facility.

s this process was developed,
it was clear to Library Admin-
istration that public service
staff, such as librarians, cleri-
cal assistants, or pages, would
be responsible for the initial response to
and enforcement of many of PLCMCTs
Rules and Regulations for Conduct in Librar-
ies. County security and city police were
available only to enforce the law. Hence,
the library was back to its original di-
lemma: public service staff had to conduct
regular Library business and activity and
handle problem users at the same time.
Many employees ex-
pressed safety and in-
} timidation concerns
handling these issues.
To resolve this di-
lemma, Library Admin-
istration established a
new library department
of library assistants who
are ofloor monitors.� It
is ofloor monitors� who
as library staff members
make all initial ap-
proaches to any behav-
ioral problems. A Li-
brary Safety and Secu-
rity Coordinator posi-
tion was established to
supervise the floor
monitors. Although
PLCMC advertises all
positions internally to
provide advancement
opportunities, no
member of the staff had
the necessary qualifica-
tions and relevant ex-
periences. For the Li-
brary Safety and Secu-
rity Coordinator posi-

TAS ART

tion, security experiences were require-
ments. Many applicants had worked pre-
viously for security firms and possessed

[Security officers] monitor

behavior, never appearance.

associate degrees in Security from local
community colleges. The Library Safety
and Security Coordinator was responsible
for working as chief liaison with county
security staff. County security personnel
were also contracted to provide twenty-
four hour security for the Main Library
facility and to be on call for branch library
problems as well.

Simply having library staff directly
responsible for monitoring the: enforce-
ment of PLCMCTs Rules and Regulations for
Conduct in Libraries has made the rules and
regulations effective. Individuals with
proprietary security or law enforcement
backgrounds were hired as floor monitors
and the Safety and Security Coordinator.

Both county security officers and floor
monitors patrol the Main Library facility
during all business hours, thus providing a
highly effective deterrent. Together, these
two levels of security are visible, vigilant,
and consistent. The most important as-
pects of their work are objectivity and lack
of bias in the enforcement of the policy.
They [security officers] monitor behavior,
never appearance.

Another extremely critical element is
the manner they use to approach users for
rule enforcement. Floor monitors main-
tain a quiet, pleasant, and respectful atti-
tude in communicating library policy.
Thus, more than ninety-five percent of the
people informed of the rules comply
readily. PLCMCTs Rules and Regulations for
Conduct in Libraries are printed and dis-
tributed on the same document that de-
tails Main LibraryTs floor plan. This alerts all
users to theinterestin their safety and security.

Has othe story� changed? Users com-
ment on the improvement of atmosphere
at the Main Library everyday. Behavioral
problems are handled quickly, efficiently,
and fairly. Library Administration does
not have to spend hours each week strug-
gling with behavioral problems. Having a
staff of floor monitors has made the
PLCMCTs Rules and Regulations for Conduct
in Libraries effective. oThe story� users tell
has changed, and PLCMCTs image in the
community is positive.

North Carolina Libraries

North Carolina Libraries

RULES AND REGULATIONS FOR CONDUCT IN LIBRARIES
OPERATED BY THE PUBLIC LIBRARY OF
CHARLOTTE AND MECKLENBURG COUNTY

The mission of the Public Library of Charlotte and Mecklenburg County is
to make available to all residents by convenient and free access, collections of
expertly selected library materials to meet the publicTs informational needs; to
promote the enjoyment of reading and the book; to strengthen life-long
learning, citizenship, and the appreciation of the worldTs cultural achieve-
ments.

The Board of Trustees of the Public Library of Charlotte and Mecklenburg
County has adopted the following policy so that the Library may provide an
atmosphere conducive to appropriate use of their services and facilities. Use of
the Library is intended to be for reading, studying, writing, and listening to
written or electronically transmitted materials. Other use is not permitted. The
public is required to comply with these Rules and regulations:

The following actions are prohibited on Library property:

" Selling and/or soliciting

" Distributing or posting materials/literature that have not been
approved by the Library
Soliciting for money or items or services
Soliciting for the purposes of prostitution
Possessing or consuming alcohol or illegal drugs or being under the
influence of alcohol or drugs
Smoking or other uses of tobacco
Eating or drinking
Sleeping
Not wearing shoes or shirt
Bringing animals or pets into the library (except guide dogs for the
blind or hearing-impaired)
Any loud, unreasonable, and/or disturbing noises created by
persons, radios, tape players or televisions
Intentionally damaging, destroying, or stealing any Library prop-
erty or a patronTs or employeeTs property
Removing library materials from the premises without authoriza-
tion through established lending procedures
Playing cards or games of any kind
Leaving a child under six years of age unattended by a responsible
person
Leaving any child or young adult (up to age 17) in the Library after
closing time
Misuse of restrooms. Restrooms are for library patrons only.
Bringing bedrolls, blankets, large packages into the Library, or
taking up excessive space in the Library, or bringing in packages or
unpackaged food.
Carrying weapons of any type
Engaging in disorderly conduct, fighting or challenging to fight, or
using offensive words likely to provoke violence
Indecent exposure
Using obscene or abusive acts and/or language
Any other illegal acts or conduct in violation of Federal, State, or
local law, ordinance or regulation

Failure to comply with the LibraryTs established Rules and Regulations
may result in exclusion from the Library and/or being subject to arrest.

Spring 1991 " 23

NorTH CAROLINA CENTRAL UNIVERSITY

School of Law
School of Library and Information Sciences

JD/MLS Program

The joint degree JD/MLS Program allows students who are interested in a career in law librarianship to
simultaneously pursue the Juris Doctor degree and a masters degree in library and information sciences.
Application to and acceptance by both the School of Law and the School of Library and Information Sciences are
required. The degree of Juris Doctor is granted upon the completion of a minimum of 88 semester hours of required
and elective courses. A total of 36 required and elective semester hours is required for the MLS.

Students in the joint degree program must successfully complete all of their required first year of study in the
law school. Following the first year which is spent exclusively in the law school, students may begin the required
library science courses. Library science courses are generally offered during the summer, on Saturdays and during
the day and evening hours. Thus, a joint degree student in the Day Program can begin to pursue the library science
courses in the summer between the first and second years of law school, and a joint degree student in the Evening
Program can begin the library science courses in the summer between the second and third years of law school.
A minimum of 24 course hours is required in the School of Library and Information Sciences for the joint degree.

The day student enrolls in a combination of the courses required for the JD and the MLS degree during the
remaining four semesters and the summer between the second and third year. The evening student enrolls in a
combination of courses for the degree requirements during the remaining four semesters and the summer between
the third and fourth year.

Curriculum
(Day Program)

YR1 YR2 S YR3 **RC TOTAL
LAW *31 24 0 24 9 88
LIBSC 0 6 6 6 1, 36

(Evening Program)

YRI1 YR2 S YR3_ S YR4 RC TOTAL
LAW 16 18 3 15 15 9 88
LIBSC 0 0 6 6 6 1y) 36

* Credit Hours
** RC: Credit accepted by reciprocal agreement between the School of Law and the School of Library
and Information Sciences.
S: Summer
The hours and times represented above are merely an example of the times that the courses would likely be
offered. The time and number of credit hours a student would take in the School of Library and Information
Sciences each semester would depend upon when those courses are offered.

24 " Spring 1991 North Carolina Libraries

Compiling the History of
North Carolina Legislation

here are two aspects of com-
piling the legislative history
ofa statute. One is tracing the
formation of the statute; the
other is determining what the
legislature intended that the
enactment should accom-
plish. Tracing legislation amounts to col-
lecting historical facts, such as when it was
enacted, when it was amended, etc., about
the statute. This information is necessary
to proceed with determining legislative
intent. Determining legislative intent is
more difficult. It requires a search for ma-
terials from which conclusions may be
drawn about the will of the legislature.
Both aspects of compiling a legislative
history require a basic understanding of
the legislative process.!

Legislation passed by the North Caro-
lina General Assembly is first published in
the session laws and then is incorporated
into the General Statutes of North Carolina.�
Research on the history of a statute gen-
erally begins with an examination of the
law in the General Statutes. In parentheses
at the end of all statutes or sections is a
history note which contains dates and
abbreviations from which the derivation
of the current statute can be determined.
Information is listed chronologically. De-
Pending on the age of the statute, there
May be citations to earlier codes and/or
Session laws. A table explaining the abbre-
Viations used for prior codes appears in the
prefatory material at the front of each
volume of the General Statutes. Citations to
Session laws indicate that the section or
Statute was affected by legislation passed
during the referenced year. Session law
Citations include the session year, the
Chapter number (abbreviated oC�), and
Possibly a section number (abbreviated
oS�). (See figure 1.) Throughout the re-
Search process, relevant facts learned about
the statute should be recorded to eliminate
the need to retrace steps later to find a

North Carolina Libraries

citation, date, bill number, or name.

After looking at the history note, the
researcher should examine annotations
following most sections in the General
Statutes. The annotations may contain
helpful cross references to other statutes,
editorTs notes, historical remarks, citations
to related periodical articles, and citations
to cases that have interpreted the statute.
The next step is an examination of the
sources cited in the history note to gain an
understanding of changes in the provi-
sions and language of the statute that have
occurred since it was first adopted. After
determining when the language or provi-
sion of interest to the researcher was added
to the statute, the search is narrowed to
that provision.

If the provision appears in one of
North CarolinaTs earlier codes, there is
likely to be a marginal note in the earlier
code which contains a reference to the
session and chapter number of the enact-
ment. If the provision is found in the
session laws of 1933 or later, the ratified
bill number is given and should be re-
corded. The researcher should then go to
the House or Senate journal for the session
in which the enactment occurred. The
journals were not indexed until the 1846-
47 session. By the mid-1860Ts the indexes
had become more detailed. Numerical
tables of bill numbers, which give refer-
ences to all pages on which a bill is men-
tioned, were added to the House Journal in

mmm DY Louise H. Stafford

1971 and to the Senate Journal in 1973. For
research in earlier years, bills must be iden-
tified by subject or name in the indexes.
The journals do not contain verbatim
records of floor activity, but they do pro-
vide factual information about a billTs
history, such as when and by whom it was
introduced, to which committee it was
initially assigned, if it was reported by the
committee with amendments, if a com-
mittee substitute was reported, if there
were amendments from the floor, and the
record of roll-call votes. Beginning with
the 1969 session, this information is also
available in bill history notebooks main-
tained in the Legislative Library.T
Collecting bill history information is
important because the possibility for
change exists at any stage from introduc-
tion to ratification. Examination of addi-
tions, deletions, and the alteration of
language may increase the researcherTs
understanding of the final version.

fter the process of tracing the
bill is completed, searching for
clues as to the legislative intent
of the act can begin. The materi-
als that are available for research
vary in scope and quantity. At best, the
search will turn up roots for the act in a
study commission report recommending
the legislation; minutes of the study com-
mission will be available for inspection in

Figure 1: Sample entry from the General Statutes of North Carolina

10-11. Acts of minor notaries validated.

All acts of notaries public for the State of North Carolina who were not yet 21
years of age at the time of the performance of such acts are hereby validated; ....

(1941, c. 233; 1973, c. 680, s.1)

Session
Year

c= Session year Sy
chapter of amendment] chapter

session

Spring 1991 " 25

ee

the Legislative Library; and there will be
substantive references to the act in the
minutes of the General Assembly com-
mittee to which the bill was assigned.
Also, if the bill was amended, comparison
of the billTs various versions will make the
intent clearer. It is possible, however, that
the search will uncover no records from
which the meaning of the act can be
inferred. The bill may have been intro-
duced, reported favorably by committee,
and passed by both houses without under-
going any change.

Reports issued by legislatively created
study committees and commissions often
contain recommendations for legislation
and therefore may be useful in determin-
ing legislative intent. In 1965, the Legisla-
tive Research Commission was established,
in part to perform interim studies to aid
the General Assembly in the performance
of its duties.~ Since that time the number
of reports has proliferated.T Although not
all study committees issue reports of sub-
stance, the reports can be excellent re-
sources. One way to establish if a report
preceded an enactment is to check the
Legislative Services OfficeTs reports that
list interim studies and Commission ac-
tivities. The first of these lists was issued
for the 1971-1973 biennium and they have
been issued regularly since 1975, with some
variation in title. They are available in
libraries that collect the CommissionTs re-
ports and may also be accessed by subject
in the catalogs of these libraries. The re-
ports of the study committees are enhanced
in some cases by the availability of min-

... when compiling the legislative
history of an act, the researcher should
first collect bill history data and then
proceed with a search for an examina-
tion of documents that may shed light
on the purpose of the act.

utes for the study committee. A file of
study committee minutes, beginning with
minutes from 1969, is maintained in the
Legislative Library.°

Permanent commissions also issue
reports containing recommendations that
may shed light on changes in the law.
Among these is the General Statutes Com-
mission which is involved in continuous
statutory research and has been autho-
rized since 1951 to recommend substan-
tive changes in the law.T The General Stat-

26 " Spring 1991

utes CommissionTs biennial report to the
General Assembly lists the CommissionTs
activities. Memoranda explaining recom-
mended bills are frequently sent to the
General Assembly by the General Statutes
Commission. The Supreme Court Library
maintains a file of the memoranda per-
taining to enacted bills from the 1959 ses-
sion and the 1965 session forward. Other
permanent commissions have been estab-
lished, issued reports, and faded away with
the completion of their mission or when
the General Assembly discontinued appro-
priations for their continuation. The re-
searcher must be alert to the mention of
them in materials used in compiling the
legislative history.

After searching for and reviewing ex-
isting committee reports, the researcher
should return to the billTs history. If the
history shows that the bill underwent
changes during the legislative process, the
changes should be examined to under-
stand better the legislatureTs intent in the
final version. Copies of all versions of a
bill, including amendments that were not
adopted, may be obtained from the Legis-
lative Library beginning with 1971 House
bills and 1973 Senate bills. The Institute of
Government has a file of bills beginning
with 1949. The North Carolina Collection
located in the Wilson Library at the Uni-
versity of North Carolina-Chapel Hill has
scattered holdings for the period 1858-
1936 anda full collection from 1937 to the
present. Bills from the 1760s through 1973-
74 are available in the State Archives Search
Room, which is located in the Archives-
State Library
Building in Ra-
leigh. There are
also scattered
holdings in the
Archives Search
Room for the pe-
tiod 1730-1760.

The minutes
of the General
Assembly stand-
ing committees
to which bills are
assigned upon
their introduc-
tion are another
source for written records. The minutes
are not verbatim accounts, but rather are
required only to show the members present
and the action taken during meetings.*
The minutes of some committees, however,
exceed the minimum requirement and do
provide details and insight. They should
be consulted if a thorough legislative his-
tory is being compiled. The rules of both
houses provide that the minutes of
standing committees be filed in the Leg-
islative Library after adjournment of the

session.T A full collection of the minutes
begins with the 1977 session, and there are
sparse holdings beginning in the early
seventies.'°

Personal interviews with a billTs spon-
sors Or members of a study commission
provide a final source for views on the
intent of an act. Key names will have
become apparent in research up to this
point. There is one additional source for
identifying the members of committees,
commissions, and boards. Since 1979, ap-
pointing authorities have been required to
file written notice of all public appoint-
ments with the Governor, the Secretary of
State, the Legislative Library, the State
Library, and the State Disbursing Officer."

n summary, when compiling the
legislative history of an act, the
researcher should first collect bill
history data and then proceed with

a search for and examination of
documents that may shed light on the
purpose of the act. The list of possible
documents includes reports that recom-
mend legislation, all versions of bills, min-
utes of the General AssemblyTs standing
committees, and minutes of legislatively
created study committees and commis-
sions that have recommended legislation.
The extent and emphasis of the search
may be altered to suit the circumstances.
The sources available for research vary
greatly depending on the age of the stat-
ute. Less material is likely to be found
relating to older statutes. The content of
the published primary sources"the ses-
sion laws, codes, legislative journals"has
changed over time and is still changing.
Rather than trying to remember the dates
for inclusion of various tables and materi-
als in these series, it is better to remember
the sources in general and work through
them on a trial and error basis. Fortu-
nately, some pieces of information, such
as bill numbers, can be found in several
sources. This means that it is possible to
begin research without having access to a
full complement of legislative materials. !
The inception of the North Carolina
State Documents Depository System has
improved the distribution of materials such
as the reports of legislatively created study
committees to the General Assembly.
When local sources are exhausted, there
are a number of institutions with strong
North Carolina legislative collections.
Major collections are available at the Leg-
islative Library, the State Library, the Su-
preme Court Library, the Institute of Gov-
ernment Library, and the North Carolina
Collection at the University of North
CarolinaTs Wilson Library. These libraries
are open to the public for independent

North Carolina Libraries

ae

research and each has provisions for pho-
tocopy service. All accept requests for as-
sistance by telephone and letter. Statutory
responsibilities and institutional policies,
however, put restrictions on the amount
of assistance that can be offered to the
public. Specifically, the staff at none of the
five is permitted to prepare full legislative
histories on request. All will, however,
assist with the search for specific docu-
ments, provide research advice, and pro-
vide referral service. When the General
Assembly is meeting, limits may be placed
on the amount of service available to the
public from the Legislative Library.

egislative history plays a signifi-

cant role in North Carolina judi-

cial decisions. An electronic

search of North Carolina Su-

preme Court and North Caro-
lina Court of Appeals decisions from 1945
to the present yields 785 citations to deci-
sions in which the phrases olegislative
history� or olegislative intent� appear. The
most recent opinion is Burgess v. Your House
of Raleigh, Inc.,* which was filed February
7, 1990. Within that opinion four points
regarding statutory interpretation are laid
out as follows:

Where the language of a statute

is clear and unambiguous, there

is no room for judicial construc-
tion and the courts must con-
strue the statute using its plain
meaning. Utilities Comm. v.
Edmisten, Atty, General, 291 N.C.
451, 232 S.E.2d 184 (1977).

But where a statute is ambiguous,
judicial construction must be used
to ascertain the legislative will.
Young v. Whitehall Co., 229 N.C.
360, 49 S.E.2d 797 (1948). The
primary rule of construction of a
statute is to ascertain the intent of
the legislature and to carry out
such intention to the fullest
extent. Buck v. Guaranty Co., 265
N.C. 285, 144 S.E.2d 34 (1964).
This intent omust be found from
the language of the act, its legisla-
tive history and the circumstances
surrounding its adoption which
throw light upon the evil sought
to be remedied.� Milk Commission
v. National Food Stores, 270 N.C.
323, 332, 154 S.E.2d 548 (1967)."4

These precepts are not original to the cited
cases. One can follow a trail of citations
from Milk Commission v. National Food
Stores back to the following quotation from
BlackstoneTs Commentaries.

North Carolina Libraries

There are three points to be con-
sidered in the construction of all
remedial statutes; the old law, the
mischief, and the remedy: that
is, how the common law stood at
the making of the act; what the
mischief was, for which the com-
mon law did not provide; and
what remedy the parliament hath
provided to cure this mischief.
And it is the business of the
judges so to construe the act, as to
suppress the mischief and ad-
vance the remedy.'®

Those compiling legislative histories
for the purpose of establishing legislative
intent should be aware that the language
of an act is preponderant. Milk Commission
v. National Food Stores elaborates, oTesti-
mony, even by members of the Legislature
which adopted the statute as to its purpose
and the construction intended to be given
by the Legislature to its terms, is not
competent evidence upon which the court
can make its determination as to the
meaning of the statutory provisions.�?°

References

1. This article focuses on the compilation of
legislative history, including the materials and
processes used. Space does not permit discussion
of the legislative process. Refer to The General
Assembly of North Carolina: A Handbook for Leg-
islators, 6th ed. (Institute of Government, 1990)
and the current North Carolina Manual (Secretary
of State) for explanations of the legislative process.

2. N.C. Gen. Stat. § 164-1 (1990) provides
that the General Statutes of North Carolina may
be cited as oGeneral Statutes of North Caro-
lina,� oGeneral Statutes,� oG.S.,� oN.C. Gen.
Stat.,� or oN.C.G.S.� When working with the
General Statutes remember to use the cumulative
supplement found at the back of each volume
to update material found in the body of the
volume.

3. Out-of-town researchers may request
photocopies of bill histories from the Legislative
Library beginning with the 1969 session. Be-
ginning with the 1985 session bill history in-
formation may be obtained from the electronic
Bill Status System by telephoning the Bill Status
Desk. A terminal for public use is located in the
LibraryTs Legislative Office Building location.

4. N.C. Gen. Stat. § 120-30.17 (1989). Extra
copies of reports to the General Assembly are
printed and are available to the public, free of
charge from the Legislative Library, while the
supply lasts. Among the libraries maintaining a
complete file of the reports are the Legislative
Library, the State Library, the Supreme Court
Library, the Institute of Government Library,
and the North Carolina Collection.

5. The Legislative Services OfficeTs report
entitled 1989-91 Legislative Commissions, Non-
Standing Committees: Interim Studies lists 221
studies.

6. The earlier years are on microfilm. Re-
searchers must visit the Legislative Library to
use the study committee minutes files.

7. N.C. Gen. Stat. § 16400-13 (a) (4) (1990).

8. House Rule 29.2; Senate Rule 36.1. The
Rules-Directories for the House and the Senate
may be obtained from their respective clerkTs
Offices.

Shlteh

10. Researchers must visit the Legislative
Library to use the minutes of the standing
committees.

11. N.C. Gen. Stat. § 143-47.7 (1990).

12. Research should begin at the local level.
Copies of the session laws and the House and
Senate Journals are widely distributed across
the state. Pursuant to N.C. Gen. Stat. § 147-45
(Supp. 1990), among those currently designated
to receive the session laws and the House and
Senate journals are the sixteen institutions in
the University of North Carolina system, thirty
private colleges and universities, the clerks of
Superior Court, and registers of deeds.

13. 326.N.C. 205, 388 S.E.2d 134 (1990).

14. Id. at 209.

15. 2 W. Blackstone, Commentaries § 87.

16. 270 N.C. 323, 332-33, 154 S.E.2d 548,
555 (1967).

Sources

Bill Status Information
Legislative Library
Room 2226 State Legislative Bldg.
Jones St.
Raleigh, NC 27611
919-733-7779
Automated: 919-733-3031
(requires touch-tone phone)

Institute of Government
CB#3330 Knapp Bldg.
University of North Carolina-CH
Chapel Hill, NC 27599-3330
Library: 919-966-4130
Publications: 919-966-4119

Legislative Library

500 Legislative Office Bldg.
300 N. Salisbury St.
Raleigh, NC 27603
919-733-9390

North Carolina Collection
CB#3930 Wilson Library
University of North Carolina-CH
Chapel Hill, NC 27599-3930
919-962-1172

North Carolina State Archives
Search Room

109 E. Jones St.

Raleigh, NC 27601-2807
919-733-3952

Principal Clerk
House of Representatives

Room 2319 Legislative Bldg.
Jones St.

Raleigh, NC 27611
919-733-7760
see Stafford continued on page 39.

Spring 1991 " 27

The Changing Role of the Law
Firm Librarian:

From Collection Curator to Information Specialist and Educator

uring the past twenty years,
law firms have experienced
dramatic changes. In 1981,
David Ranii wrote that
omany of the same devel-
opments that altered the
practice of lawin the 1970's
have transformed the jobs of librarians in
law schools and private firms across the
country. . .�1 Among these developments
are the increasing complexity of the law,
the increasing size of law firms, an expan-
sion of specialized practices, and a view of
firms as businesses, concerned about rev-
enues, overhead costs, and efficiency.

Changes affecting firms naturally af-
fect their libraries because o[t]he libraryTs
purpose in all cases is to provide informa-
tion, services, and materials necessary for
the practice of law by the organization or
for the preparation of advisory memo-
randa by the organizationTs legal staff. The
degree to which the library can provide
such support, working within the con-
straints of budget and space, determines
the degree of its success.�To be successful
today, a law firm librarian is an active
information manager and educator. No
longer should the librarian be perceived as
simply a curator of books and firm-pro-
duced documents.T

TodayTs law firm librarian may be one
of several professionals working fora mega-
firm of over three hundred attorneys, or
the only library staff person in a firm with
only twenty attorneys. Most law librarians
possess a masterTs degree in Library Sci-
ence; many have law degrees. Vitally aware
of the need for continuing education, he
or she attends conferences and workshops
to enhance reference, managerial, com-
munication, and teaching skills. The li-
brarian handles a variety of reference re-
quests and administrative activities; he or
she is an information specialist who utilizes
computers, telephonecontacts, and traditional
resources to provide the best possible service.

28 " Spring 1991

Librarians provide and maintain
computer-assisted research resources in
addition to printed resources. Legal re-
search databases permit full-text searching
of cases, statutes, administrative regula-
tions, and other publications of interest to
attorneys. Librarians arrange training ses-
sions and keep users informed of new
developments in database content and
software enhancements. Computer
searchable subject collections in CD-ROM
(Compact Disk Read Only Memory) format
also are utilized.* Rather than replacing
the book collection, computer-assisted
legal research resources complement it,
allowing researchers access to more infor-
mation in a more flexible manner.

Because attorneys and legal assistants
require non-legal information, law firm
librarians also must be familiar with non-
legal resources. Some typical law firm ref-
erence requests follow: oLocate a manual
describing steel crane designs and specifi-
cations.� oFind newspaper articles dis-
cussing such-and-such.� oWhat is the sta-
tus of the savings and loan institutions bail-
out legislation?� oPrepare a bibliography
ofall articles by Joe M. Doe, M.D.� oWhom
do I call at the Environmental Protection
Agency about underground storage tank
regulations?� oITm giving a speech tomor-
row and need some information. Can you
help?� oIs this book available for us to
borrow?� oWho is the chief executive offi-
cer of General Motors?� Law librarians
subscribe to a wide range of databases in
order to answer these types of questions.°
Databases such as Vutext, Nexis, LegiSlate,
StateNet, or those available through Dia-
log cover financial records, state or federal
legislation, patents and trademarks, medi-
cine and drugs, regional and national news,
government agency activities, and many
other areas. In addition to formal net-
works, such as the Triangle Research Li-
braries Network (TRLN) and the North
Carolina Information Network (NCIN),

mums Dy Constance M. Matzen

librarians also develop informal networks
with special, academic, and public librar-
ians forreference assistance and interlibrary
loans. In other words, librarians utilize a
variety of resources to provide requested
information as quickly as possible and at a
reasonable cost.

As librarians demonstrate their ability
to answer these types of requests, they are
asked and expected to do even more. In
the ideal world, attorneys would have ref-
erence service available whenever it is
needed. A Texas mega-firm library recently
has made oafter hours� reference service
available by providing librarians with home
computers linked to commercial databases
and the firmTs office.

In todayTs complex and increasingly
competitive legal environment, firms place
a high value on these research services.
Librarians obill� (charge back to clients)
the time spent on a research project plus
any database costs and other expenditures
incurred.® Time may be charged at hourly
rates comparable to those of legal assis-
tants or junior associates. This policy im-
proves the image of the library from that
of a department simply contributing to
the overhead costs of firm operations to a
revenue provider.

ew research techniques en-
courage the development of
new management procedures.
Law firm librarians understand
the value and importance of
automated administrative and technical
services procedures.T However, attorneys
may be less inclined to support such activi-
ties. A librarian introduces automation by
recognizing that o[t]he first step in getting
started is to know and understand the
culture of [his or her] firm. Every law firm
has its own culture, which is reflected in
the way the firm does business.�* Although
automation seems unnecessarily expen-

North Carolina Libraries

sive, librarians must demonstrate the
benefits of online and book catalogs and
of library developed indexes for special
collections, such as expert witness docu-
ments or continuing legal education
seminar manuscripts. They must show that
o[c]lomputerized indexing of memoranda
of authority, forms and brief files greatly
facilitates the use of these sources without
putting an onerous burden onstaff-time.��

Librarians work with the firm on other
projects involving automation. Many firms
are installing local area networks (LANs).
The librarian must be a part of this plan-
ning process, ensuring that attorneys can
access in-house and commercial databases
as well as CD-ROM libraries using their
office computers.T In addition, the library
staff should plan to use the network to
communicate with users directly or via the
firmTs electronic bulletin board.

To promote library services and im-
prove research skills, communication be-
tween the library and the firmTs members
is essential.!! Traditionally, librarians pro-
vide orientation tours for summer clerks,
new associates, and legal assistantsT? and
produce a variety of publications to keep
users informed. Brochures outline services;
handbooks describe the collection, services,
policies, and procedures; newsletters
highlight new developments by listing
new acquisitions, describing databases, and
summarizing tables of contents of law-
related publications. Each firm employee
should receive a description of library
services as well as publications of specific
interest. No library is complete without
bulletin boards where library procedures
and announcements about continuing
legal education courses or new research
techniques are posted.

Describing services is not enough,
however. Wesley Boomgaarden writes that
ofljibrarians are first and foremost educa-
tors. We are nothing if we are not teachers,
using all means at our disposal to assist the
enterprise of education. Those not in ac-
cordance with this blanket statement are
either unaware of the essence of
librarianship or lack the professionTs vision
and purpose.�'? Librarians have always
provided one-on-one instruction when
helping answer reference questions. Now
they are expanding their educational ac-
tivities for several reasons: the decline in
research skills learned in law school; the
decline within the firm of the mentor
relationship, which formerly provided a
place for new associates to learn basic
skillso; and the impact of constantly
changing technological developments on
the research process.'*

North Carolina Libraries

Many librarians conduct research
seminars for firm employees. Basic research
seminars are provided for summary clerks
and new associates. Advanced seminars
for more experienced attorneys might fo-
cus on new research techniques or publi-
cations. Specialized seminars for legal as-
sistants or secretaries highlighting direc-
tories, maps, and other ready reference
publications encourage library use.

When instructing attorneys and legal
assistants, the librarian emphasizes the
relationship between printed resources and
online materials. Researchers should know
when to use which type of materials. Li-
brarians also have an ethical obligation to
instill a critical attitude toward online
resources. For example, online libraries
may not be as complete as assumed; older
materials, especially for state jurisdictions,
may not be available online. CD-ROM
libraries must be used in conjunction with
both online and printed materials to en-
sure access to all relevant information.T* In
1986, Robert C. Berring, Director of the
Law Library and Professor of Law at the
University of California, Berkeley, School
of Law, said that ocomputerized research
has been oversold as a solution to research
problems. People tend to think of com-
puters as omniscient and put too much
faith in them.���

Law firm librarians indeed have moved
beyond the stereotyped role of ocurator of
books." They are information specialists
whoare able to utilize new technologies to
search and manage information. They have
expanded their role as educators. By serving
in these roles, they fulfill the libraryTs
purpose, enabling firm attorneys to prac-
tice law efficiently and effectively by pro-
viding the highest level of service possible.

References

1. Ranii, oLibrariansT Work Is Looking
Up,� NatT1L.]., July 6, 1981, at 1, col. 4, 14, col.
Is,

2. Glass and Richmond, oAdministration
of Private Law Libraries,� in 1 Law Librarianship:
A Handbook 69, 70 (1983).

3. Couric, oFirm Librarians are Managing
More Than Books,� Legal Times of Wash., June
29, 1981, at 24, col. 1; Griffith, oFrom Books to
Computers: The New Breed,� Legal Assistant
Today, May-June 1989, at 52; Heroy, oNew
Functions and Expanding Roles for Private Law
Librarians,� in Managing the Private Law Library
365 (1988); Metaxes, oFirm Librarians No Longer
Mere Keeper of the Books,� Nat'l L.J., July 14,
1986, at 1, col. 1; oTechnological Gains, More
Responsibilities Evident in Libraries,� NatTIL.J.,

June 25, 1990, at $11, col. 1; Wallace, oProgram
Overview: A Decade of Change and Continua-
tion,� in Private Law Librarians 13 (1986).

4. Strain, oCD-ROM in the Private Law
Library: A Primer of Readings,� in Managing the
Private Law Library 153 (1988).

5. oBeyond Lexis and Westlaw: Other
Online Resources,� L. Libr. Lights, May-June
1987; Ensor, oNonlegal Databases for the Law
Librarian: An Update,� 81 L. Libr. J. 813 (1989);
Quint and Mintz, oConducting, Evaluating, and
Presenting the Results of Interdisciplinary
Online Searches,� in Private Law Librarians 31
(1986); oUsing the Library to Meet the FirmTs
Business Information Needs,� Legal Admin.,
Summer, 1987, at 36.

6. oBilling in the Private Law Library,�
Legal Info. Mgmt. Rep., Spring, 1989.

7. Burwell, oUsing A Library Software
Package in the Law Firm Library,� in Private Law
Librarians 131 (1986); Johnson, oSoftware for
Law Firm Library Applications,� in Private Law
Librarians 199 (1986); Sapienza, oDeveloping
an On-Line Catalog at Kadison, Pfaelzer,
Woodard, Quinn & Rossi,� in Private Law Li-
brarians 179 (1986); Seele, oManaging Technol-
ogy in the Private Law Library to Facilitate the
Flow of Information,� in Managing the Private
Law Library 95 (1988).

8. Hambleton, oElectronic Technology and
the Law Firm Librarian,� 81 L. Libr. J.551 (1989).

9. Glass and Richmond, supra note 2, at 84.

10. Miller, oComputer Networking Comes
of Age,� NatT L.J., October 8, 1990, at 27, col. 1;
Sullivan, oAutomated Networks in the Law Li-
brary and Law Office,� in Managing the Private
Law Library 109 (1988).

11. oCreative Ways to Promote Your Li-
brary,� L. Libr. Lights, Nov-Dec. 1988; Donaldson,
oReference as a Public Relations Tool,� in Private
Law Librarians 345 (1986).

12. Wrenn, oLibrary Orientation Pro-
grams� in Private Law Librarians 295 (1986).

13. oCurrent Comments: Librarians as
Educators,� AALL Newsletter, Aug. 1990, at 35.

14. Wallace, oFast Forward, or Legal Re-
search in the Real World,� PLL Perspectives, Apt.-
May 1990, at 1.

15. DeGeorges, oBeyond Library Orienta-
tion: Outreach Programs for the Law Library,�
in Private Law Librarians 271 (1986); Callinan,
oResearch Protocols in Reference Service: Infor-
mal Instruction in Law Firm Libraries,� 82 L. Libr.
J.39 (1990); Leon and Kerchof, oTeaching Legal
Research in Private Law Libraries,� PLL Perspec-
tives, Sept.-Oct. 1990, at 1; Panella and Stein,
oIn-House Legal Database Training: A Must for
Law Firms,� Legal Admin., Summer, 1987, at 53.

16. Oaks, oCD-ROM - The Future is Not
Quite Now,� L. Libr. Lights, May-June 1990, at 20.

17. Metaxes, oProfessor Urges Special
Training for Computerized Legal Research,� Nat'l
L.J., Dec. 15, 1986, at 4, col. 2.

Spring 1991 " 29

BIBLIOGRAPHY OF SELECTED LEGAL RESOURSES

compiled by

Law Library Staff
University of
North Carolina
at Chapel Hill

30 " Spring 1991

The following lists some basic legal research materials that public, school, academic and special libraries
might want to collect. The first part outlines basic primary and secondary legal resources; the second part is a
bibliography of treatises about North Carolina law.

Part I: Basic Primary and Secondary Resources

Primary law is found in (1) constitutions and legislative enactments; (2) rules and regulations of authorized
administrative bodies; and (3) written opinions of the courts. Secondary sources of the law consist of other legal
materials such as treatises, legal encyclopedias, periodicals and journals, form books and citators.

A. Federal Materials:

Federal statutes can be found in several resources: Congressional Record, United States Statutes at Large, United
States Code, United States Code Annotated (West Publishing Company), and United States Code Service LawyersT
Edition (Lawyers Co-operative/Bancroft Whitney). Federal rules and regulations are found in the Federal Register
and the Code of Federal Regulations.

Court decisions also can be found in many resources. United States Supreme Court decisions are published
in the resources listed below:

(a) United States Reports (official edition, published by the U.S. Government);

(b) United States Supreme Court Reports, LawyersT Edition (LawyersT Co-operative Publishing Company);
(c) Supreme Court Reporter (West Publishing Company);

(d) United States Law Week (Bureau of National Affairs);

(e) United States Supreme Court Bulletin (Commerce Clearing House).

Other federal court cases can be found in the Federal Reporter (federal court of appeals) and the Federal
Supplement (federal district court). oDigests� are index-type resources used to locate cases on a specific subject;
they exist for most jurisdictions and courts. For example, to locate U.S. Supreme Court cases on a particular
subject, use one of two digests for the United States Supreme Court, either the U.S. Supreme Court Digest (West
Publishing Company) or the U.S. Supreme Court Reports Digest (Lawyers Co-operative Publishing Company). For
federal district courts and federal court of appeals cases, use the Federal Practice Digests, 2d, 3d and 4th, Modern
Federal Practice Digest and the Federal Digest. (Digests also exist for state courts and regional reporters).

B. State Materials:

Materials to locate North Carolina statutes, cases, and administrative regulations and rules are very similar
to federal materials. North Carolina legislation as passed by the North Carolina General Assembly is first
published as oratified bills,� similar to slip laws. Once codified, North Carolina laws can be found in the North
Carolina General Statutes (Michie Publishing Company). Administrative rules and regulations are available in the
North Carolina Administrative Code (agency/subject arrangement) and the North Carolina Register.

Decisions from the North Carolina Supreme Court and Court of Appeals can be found in official and
unofficial versions of case reporters. North Carolina Reports includes the decisions from the Supreme Court and
North Carolina Court of Appeals Reports provides access to Court of Appeals cases. The unofficial version for North
Carolina cases is the Southeastern Reporter, first series and Southeastern Reporter, second series. Users can locate cases
ona particular subject by using the North Carolina Digest, Southeastern Reporter Digest, and StrongTs North Carolina
Index, 3d and 4th.

C. Secondary Legal Resources:

Listed below are secondary legal resources that some North Carolina librarians might find useful for their
collections. The resources are divided into broad categories: research guides; legal encyclopedias; legal periodical
literature indexes; citation form books; dictionaries; and directories.

1. Research Guides

How to Find the Law (Cohen & Berring). 9th. edition. St. Paul, MN: West Publishing Company, 1989.
Fundamentals of Legal Research (Jacobstein & Mersky). Mineola, NY: Foundation Press, 1987.
Fundamentals of Legal Research Illustrated (an abbreviated version of the above).

Effective Legal Research (Price, Bitner & Bysiewicz). Boston: Little, Brown & Company, 1979.

Legal Research in a Nutshell (Cohen). 4th. edition. St. Paul: West Publishing Company, 1985.

2. Legal Encyclopedias; Annotated Law Reports

American Jurisprudence 2d. Lawyers Co-operative Publishing Company, 1940 " . (82 volumes updated
yearly; supersedes American Jurisprudence (1936-1940).

Corpus Juris Secundum. West Publishing Company, 1936 " (150+ volumes updated yearly; earlier edition
" Corpus Juris (1911-1936). (o. . . a complete restatement of the entire body of American law mainly in the
language of the courts, based upon the authority of all the reported cases from 1658 to date.�)

American Law Reports

First Series - 1911-1948; second series - 1948-1965; third series - 1965-1980; fourth series - 1980 to date.

3. Legal Periodical Literature Indexes
Index to Legal Periodicals; Current Law Index; Legal Resources Index; Legaltrac (Information Access); Index to
Foreign Legal Periodicals; and Index to Periodical Articles Relating to Law.

North Carolina Libraries

North Carolina Libraries

4. Citation Form Books

A Uniform System of Citations (oBlue Book�). 14th. edition. Cambridge, Mass: Harvard Law Review Asso-
ciation, 1986.

The University of Chicago Manual of Legal Citation (oMaroon Book�). Chicago: University of Chicago, 1989.

5. Dictionaries

BlackTs Law Dictionary: definitions of terms and phrases of American and English jurisprudence ancient and
modern. Sth ed. St. Paul: West Publishing Company, 1979.

Words and Phrases. 46 volumes. St. Paul: West, updated yearly.

6. Directories

Directories are very prevalent in the legal field. Many directories such as Martindale-Hubbell Law Directory and
the American Bar provide information about individual attorneys and law firms. Other directories focus on specific
groups of lawyers or their locations. Some sample titles are American Bench, North Carolina Legal Directory, LawyersT
List, WhoTs Who in American Law, Directory of Women Attorneys in the United States, and AALS Directory of Law
Teachers.

Part II. Treatises about North Carolina Law

The following list of books about North Carolina law represents merely a sample of illustrative titles that are
available should a library determine a need in a particular area. The list is not comprehensive and does not attempt
to recommend one title over another title.

Adams, Wesley Thad. Personal injury and property damage, preparation for trial: the law in North Carolina.
Norcross, GA: Harrison Co., 1980. 148 p.

Bocchino, Anthony J. & J. Alexander Tanford. North Carolina trial evidence manual. Charlottesville, VA: Michie
Co., 1976. 1 vol. (looseleaf).

Brandis, Henry. Brandis on North Carolina evidence. 3d. ed. Charlottesville, VA: Michie Co., 1988. 2 vols.

Constangy, H. William. North Carolina employer-employee handbook: North Carolina laws and regulations pertain-
ing to employers and employees and their relationship. Norcross, GA: Harrison Co., 1976.

Douglas, Robert D. Forms: a comprehensive and accurate compilation of legal and business forms for use in the state
of North Carolina. 3rd ed. Charlottesville, VA: Michie Co., 1983. 4 vols.

Edwards, Mark B. North Carolina probate handbook. 3d ed. Norcross, GA: Harrison Co., 1982. 287 p.

Edwards, Mark B. & Sidney C. Ward. North Carolina and federal estate and tax planning. Norcross, GA: Harrison
Co., 1974. 471 p.

Edwards, Sandra. Children and juveniles: the law in North Carolina. Norcross, GA: Harrison Co., 1981. 103 p.

Finberg, Barney & Emily Hightower. Products liability: the law in North Carolina. Norcross, GA: Harrison Co.,
1980. 130 p.

First Union National Bank. N.C. wills and trust manual for lawyers with tax tables. Charlotte, NC: 1979 - .

First Union National Bank. NC wills and trusts. Charlotte, NC: 1979 - .

Hightower, Emily. North Carolina law of damages. Norcross, GA: Harrison Co., 1981. 479 p.

Kelso, Lloyd T. North Carolina divorce, alimony and child custody. Norcross, GA: Harrison Co., 1983. 318 p.

Lee, Robert E. North Carolina family law. 4th. ed. Charlottesville, VA: Michie Co., 1979. 4 vols. 4th ed.

North Carolina National Bank. Will and trust manual for lawyers with tax tables. Charlotte, NC: NCNB, 1982.
1 vol.

Potter, J. Reid. North Carolina appellate handbook. Charlottesville, VA.: Michie Co., 1978. 243 p.

Price, Ronald M. North Carolina criminal trial practice forms. Norcross, GA: Harrison Co., 1979. 413 p.

Price, Ronald M. North Carolina criminal trial practice. Norcross, GA: Harrison Co., 1985. 628 p.

Price, Ronald M. Personal injury and property damage defenses and immunities: the law in North Carolina. Norcross,
GA: Harrison Co., 1980. 120 p.

Robinson, Russell M. Robinson on North Carolina corporate law and practice with forms. Norcross, GA: Harrison
Co., 1990. 825 p.

Ruby, Jack E. Labor Law: the law in North Carolina. Norcross, GA: Harrison Co., 1982.

Ruskell, Richard C. & Nancy E. Settle. Personal injury and property damage, causation and parties: the law in North
Carolina. Norcross, GA: Harrison Co., 1980. 117 p.

Schiro, Gregory W. & Lilona S. Schiro. Real estate residential loan closings: the law in North Carolina. Norcross,
GA: Harrison Co., 1980. 213 p.

Schiro, Lilona S. Collection of accounts: the law in North Carolina. Norcross, GA: Harrison Co., 1979. 569 p.

Schiro, Lilona S. N.C. real estate title searches. Norcross, GA: Harrison Co., 1982.

Settle, Nancy E. & Theodore R. Smith. Landlord and tenant breach and remedies: the law in North Carolina.
Norcross, GA: Harrison Co., 1980. 110 p.

Sheffield, Walter L. Civil procedure forms. St. Paul, MN: West Publishing Co., 1981. 2 vols.

Shuford, William A. North Carolina civil practice and procedure. 3d. ed. Atlanta: Harrison Co., 1988. 587 p.

Snyder, John H. North Carolina code of criminal procedure. Rutherfordton, NC: Snyder Publications, 1978. 1 vol.
(looseleaf).

Snyder, John H. North Carolina elements of criminal offenses. Rutherfordton, NC: Snyder Publications, 1984. 4th ed.
114 p.

Thorp, William L. ThorpTs North Carolina trial practice forms. 2d. ed. Norcross, GA: Harrison Co., 1984. 444 p.

Wachovia Bank and Trust Company. Wachovia will and trustmanual. Winston-Salem, NC:,, 1985 -. 1 vol. (looseleaf).

Webster, James A. WebsterTs real estate law in North Carolina. Rev. ed. Charlottesville, VA: Michie Co., 1981. 688 p.

Wiggins, Norman Adrian. Willis and administration of estates in North Carolina. 2d ed. Norcross, GA: Harrison Co.,
1983. 2 vols.

Spring 1991 " 31

BIBLIOGRAPHY CONTINUED ...

SELECTED LisT OF LEGAL PUBLISHERS

Foundation Press, Inc.
Post Office Box 64526
St. Paul, MN 55164
§16-248-2561

Harrison Company
3110 Crossing Park
Norcross, GA 30071
800-282-9867

Harvard Law Review Assoc.
Gannett House
Cambridge, MA 02138
617-495-7888

Hein & Company Inc.
1285 Main Street
Buffalo, NY 14209
800-828-7571

Institute of Government
Knapp Building
UNC-CH, CB # 3330
Chapel Hill, NC 27599
919-966-4119

Lawyers Co-operative Pub. Co.
One Groves Street

Rochester, NY 14694
716-546-5530

Little, Blown & Company
Law Division

34 Beacon Street

Boston, MA 02106
617-227-0730

The Michie Company
Post Office Box 7587
Charlottesville, VA 22906
804-295-6171

North Carolina National Bank
Charlotte, NC 28255
704-374-5000

Snyder Publications
107 Ridgeland Drive
Rutherfordton, NC 28139

Want Publications Co.
1511 K Street, N.W.
Washington, DC 20005
202-783-1887

West Publishing Co.
P.O. Box 64526

St. Paul, MN 55102
612-228-2561

North Carolina Giving:
The Directory of the State's Foundations

North Carolina Giving is

the most complete, authoritative guide
to the state's more than 700 private
charitable and community foundations.
It is a vital resource for nonprofit
organizations and institutions, or for
anyone seeking grants.

Please send me

North Carolina Giving at $99.00 per copy.
Enclosed is my check for $

Instructions for the Preparation of Manuscripts for

North Carolina Libraries

1. North Carolina Libraries seeks to publish articles, book reviews, and
news of professional interest to librarians in North Carolina. Articles
need not be of a scholarly nature, but they should address professional
concerns of the library community in the state.
2. Manuscripts should be directed to Frances B. Bradburn, Editor, North
Carolina Libraries, Joyner Library, East Carolina University, Greenville,
N.C. 27858.
3. Manuscripts should be submitted in triplicate on plain white paper
measuring 81/2" x 11".
4. Manuscripts must be double-spaced (text, references, and footnotes).
Manuscripts should be typed on sixty-space lines, twenty-five lines to a
page. The beginnings of paragraphs should be indented eight spaces.
Lengthy quotes should be avoided. When used, they should be indented
on both margins.
5. The name, position, and professional address of the author should
appear in the bottom left-hand corner of a separate title page.
6. Each page after the first should benumbered consecutively at the top right-
hand corner and carry the authorTs last name at the upper left-hand corner.
7. Footnotes should appear at the end of the manuscript. The editors will
refer to The Chicago Manual of Style, 13th edition. The basic forms for
books and journals are as follows:

Keyes Metcalf, Planning Academic and Research Library Buildings. (New
York: McGraw, 1965), 416.

Susan K. Martin, oThe Care and Feeding of the MARC Format,�
American Libraries 10 (September 1979): 498.
8. Photographs will be accepted for consideration but cannot be returned.
9. North Carolina Libraries is not copyrighted. Copyright rests with the
author. Upon receipt, a manuscript will be acknowledged by the editor.
Following review of a manuscript by at least two jurors, a decision will be
communicated to the writer. A definite publication date cannot be given
since any incoming manuscript will be added to a manuscript bank from
which articles are selected for each issue.

Issue deadlines are February 10, May 10, August 10, and November 10.

NORTH CAROLINA

EME

North Carolina Giving
provides all the information that is
needed to easily identify appropriate
funding sources. The directory is
cross-referenced with indexes by
county, areas of interest and board

The Directory of the State's Foundations

By Anita Gunn-Shirley
Published by Capital Consortium, Inc.

members, saving you countless ~scan
hours of research.

copies of

Name:
Title:

Order your copy of this
limited edition today.

ISBN: 0-9624910-0-4

Organization:
Address:

Return to: North Carolina Giving, Capital
Consortium, PO Box 2918, Raleigh,

North Carolina 27602 919/833-4553

32 " Spring 1991

Phone:

North Carolina Libraries

NortTH CAROLINA LIBRARY ASSOCIATION AWARDS

The 1990-91 Membership Committee requests your recommendations for persons you consider worthy for the
North Carolina Library Association Distinguished Service Award, Honorary and Life Members Awards. Suggestions
should be accompanied by a biographical sketch, including contributions to libraries and librarianship. These sugges-
tions should be sent to the Committee Co-Chairperson by June 14, 1991.

The NCLA by-laws provide for the Membership Committee to seek suggestions from all members and to recom-
mend names for these honors to the Executive Board prior to the Biennial Conference.

Criteria for selection are as follow:

1. Honorary memberships may be given to non-librarians in the state who have rendered important services to the
library interests of North Carolina. Honorary memberships should be given at a time considered appropriate in relation
to the contribution made.

2. Life memberships may be given to librarians who have served as members of the North Carolina Library Associa-
tion and who have made noteworthy contributions to librarianship in the state. These memberships are limited to
librarians who have retired.

3. The Distinguished Service Award may be given to a professional librarian or in memory of a deceased profes-
sional librarian who distinguished professional library services to North Carolina, significant service or other profes-
sional contributions provided during either a short or long span of time, and service resulting in a regional or national
impact on librarianship in general.

4. Contributions of all nominees should have had impact beyond the local level.

Please send your recommendations to:
Sylvia Sprinkle-Hamlin, Co-Chair
Membership Committee
Forsyth County Public Library
660 West Fifth Street

Wuo Cotiects Wuat? SOur

Cooperative Collection Bo
Development of Local History e

Materials In North Carolina Omup
Any

A symposium sponsored by NCLAs Round

Table on Special Collections
Chapel Hill, N.C., May 29-30, 1991

Local history materials are disappearing at an alarming rate in

top publishers

North Carolina. Who is responsible for collecting and preserving g reat personal service
these valuable materials? Who is already collecting? Can, and do ° °
the major repositories collect everything? How can your institu- com parative prices

tion acquire local materials that may otherwise be lost forever?
Attend this first of its kind statewide symposium and help answer
these questions.

high fill rate & fast delivery

full processing

Speakers include William S. Powell, John David Smith, and a

dozen practicing librarians and archivists. : ;
for more information please call:

For further information and registration materials, contact:
Eileen McGrath ROBERT MOSER
North Carolina Collection CHAPEL HILL

Wilson Library CB 3930

University of North Carolina 1 -800-223 fe 3 25 1
Chapel Hill, NC 27599-3930

Phone: (919) 962-1172. Representing quality adult and juvenile publishers

North Carolina Libraries Spring 1991 " 33

PoInt



Vote Yes

for a County Law Library System

ones Dy Anna Donnally

ccess to legal information is an essential element of equal justice. Unfortunately, for
the average North Carolina citizen, gaining access to legal information is difficult. In
fact, it is probably safe to say that lay people find locating the answers to their legal
questions without a lawyer nearly impossible. Thus, access to legal information is
based on the ability to pay, unless a person is charged with a serious crime. While not
a panacea, a statewide system of law libraries which meets some minimum standards
for collections and staffing should be established.

Questions about the legal aspects of marriage and divorce, business operations, child care,
preparation of wills and trusts, regulation of firearms, building codes, and the legal rights of
landlords and tenants are common information needs. People often need more information than
can be provided through popular works on a subject or through referral to the applicable statute,
ordinance, or regulation. Certainly, this is true of individuals involved in litigation. While an
argument may be made that a lawyerTs expertise is still required for interpretation of the legal
information, there is considerable material that is intelligible to the person. Furthermore, the
layperson is not alone in the need for access to the resources ofa law library. Small law firms and solo
practitioners are often unable to afford necessary legal reference materials.

Public libraries cannot provide the necessary materials in most cases. Building a law collection
is not cheap and often this is not the primary mission of the public library. While some legal
resources, such as state statutes, local ordinances and the U.S. Code, are commonly found in public
library reference collections, more specialized but essential legal reference tools, such as court
reporters, are not. Furthermore, few public library reference staffs are trained to use legal materials.

Although nearly all North Carolina counties maintain a law library of some type, they vary
widely in collection sizes, staff expertise, and organizational structures. Few meet the standards
recommended by the State, Court and County Law Libraries Section of the American Association of
Law Libraries. These standards recommend that the county law library be supervised by a olaw
librarian who is professionally trained with adequate experience.� Likewise, adherence to the
recommendations regarding collections are observed probably more in the breach than in the
observance in North Carolina.

Administratively, county law libraries may fall under the jurisdiction of the local public library
system, district attorneyTs office, clerk of court, or some combination of the above. The majority of
counties support their law libraries with court facilities monies. North Carolina General Statutes
section 7A-304.2a sets uniform costs and fees in superior or district court and mandates that funds
derived from facilities fees shall be used exclusively by the counties or municipalities for ocourtroom
and related judicial facilities� including a oJaw library (including books) if one has heretofore been
established or if the governing body hereafter decides to establish one�. This money is collected by
the Clerk of Court and usually goes into a countyTs general fund. Since there is no prescribed portion
to be spent for maintenance of a law library, funding is made at the discretion of the local board of
county commissioners.

Given the extreme diversity of North CarolinaTs county law libraries and the minimal legal
collections at most public libraries, access to reliable legal information is by no means easy.
Corporate and academic law libraries are not found in many areas of the state and, in any case,
typically have no mission to serve the general public. The answer to the problem of public access to
legal materials seems obvious: build on strengths. Public funds are already being used to maintain
county law libraries; the legislation is on the books. It seems logical to build on this weak existing
structure to create a strong network of law libraries across the state.

Minimum state standards should be established for collections and staffing. A system for

... see Donnally continued on page 39

34 " Spring 1991 North Carolina Libraries

Vote No

for a County Law Library System

by Harry Tuchmayer, Column Editor

riting an opinion that opposes expanded public library services, no matter what

the reasoning and no matter what the service, is probably not very smart. After

all, libraries traditionally have argued the importance of reaching all segments

of the population " even lawyers! But something doesnTt sit right with

providing one small group this extraordinary service. I am not against law

libraries per se, but lam opposed to separate facilities for specialized collections.

Why should taxpayers support a library that is not designed for them, does

not have convenient hours, and most importantly, does not collect the material they need most?

I understand that most county law libraries evolved from small collections of often used resources,

such as the North Carolina Digest and the Southeastern Reporter, that judges and county attorneys

found indispensable for their work. I understand also that a single purchase of other expensive

sources and services, housed in a convenient location in or near the courthouse, greatly assists the

entire legal community. But the fact of the matter remains, those that benefit most are the small firms

and independent lawyers who lack the financial resources to buy these expensive yet indispensable

otools of the trade.� Does the public library, or the taxpayer, buy sophisticated diagnostic tools for

the independent auto mechanic? When was the last time the public library set up and operated the
database of a local business at the taxpayersT expense?

Public libraries do, and always have, provided specialized resources for specialized groups within
the confines of an existing multi-purpose facility. Many libraries support wonderful local history and
genealogical collections while others have developed excellent small business collections. But these
examples are fundamentally different than providing for and staffing a separate facility. In these and
other instances, such specialized olibraries� are part of a larger service open to all community
residents. As a result, users of these specialized libraries differ in their knowledge of the subject, and
more importantly, they differ as to their needs. Consequently, these collections are developed to
accommodate the widest possible array of users, necessitating the purchase of both basic and
advanced resources. When was the last time a separate county law library purchased fifteen copies
of Separation and Divorce in North Carolina or How to Avoid Probate?

Why should the public library, already strapped for funds to meet the spiraling cost of standing
orders, be burdened with maintaining these services? When was the last time your county law library
canceled its subscription to oseldom used resources� the way most state university libraries were
forced to do with their own periodicals budget? In fact, if demand were the criteria for retention, most
law libraries would be closed tomorrow because they serve such a small group of users. ItTs not that
ITm against law libraries, but I do question just whose responsibility it is to maintain one. The
establishment of such a facility undoubtedly increases the quality of legal services in a community,
much as the creation of well funded public libraries benefits the cultural and economic well being of
an area. But paying for this service from an already strapped library budget does not truly reflect the
teal costs for either service to the community. Taxpayers have a right to know what it really costs to
maintain and support all aspects of the judicial system, just as they do when it comes to supporting
traditional library services. Tying the funding of county law libraries to the judicial budget, and not the
public libraries budget, better reflects the true cost of this service and might enhance the ability of a law
library to increase operating budget and expand services.

Public libraries can and should work with the legal community to provide exceptional
collections of legal materials for all users. But true justice demands equality, and as far as I can tell,
we have tilted the scales of justice in favor of the few when support is provided for the creation of
separate facilities.

North Carolina Libraries Spring 1991 " 39

Concerning

KAYE GIBBONS

First there was

ELLEN FOSTER
oA memorable heroine who rescues herselfT " New York Times

Next there was
A VIRTUOUS WOMAN

oA small masterpiece� "San Francisco Chronicle

Now comes

A Cure for Dreams

oGibbonsTs homespun feminism never overpowers her lyric intent in this
eloquent celebration of feminine strength in adversity�
"Kirkus Reviews

oGibbons . . . has captured magnificently the dailiness and sense of
community life"from midwives and WPA ballads to
suicides and men gone wild�

"Library Journal

oGibbons limns an engaging portrait of a possessive mother and her obedient
daughter as the foreground of a larger canvas depicting womenTs roles
in a society bound by tradition, convention and poverty�
"Publishers Weekly

DonTt miss this memorable new novel by one of the most gifted
young novelists to come along in years. As Walker Percy
said of her first book, oItTs the real thing.�

ALGONQUIN BOOKS OF CHAPEL HILL
a division of Workman Publishing Co., Inc.
Post Office Box 2225 Chapel Hill, North Carolina 27515-2225

36 " Spring 1991 North Carolina Libraries

Library Research in North Carolina

As I consider the factors which influence the amount and
kind of research conducted by librarians, I realize that a lack of
time or financial support may deter many of us from undertaking
projects. Of these two, lack of financial support is probably the
greater stumbling block. By doing a little investigating, I have
discovered grants and awards which are available to librarians
who wish to conduct research. I present the following summaries
as a spur to readers who have ideas but not the backing to pursue
them. In each entry the source of the information is indicated by
an abbreviated title reference, ALA for the ALA Handbook of Or-
ganization! and DRG for the Directory of Research GrantsT. The
number that follows oALA� is a page reference: an item designa-
tion follows oDRG.�

Various programs are offered to librarians regardless of
professional specialization and with few restrictions concerning
the nature of the research:

Carroll Preston Baber Research Grant (DRG-786)

This grant is given annually to support research that could olead
to an improvement in services to any specified groups of people�
and with the potential to serve as a model for the library
community. Special consideration will be given to proposals
focusing on technological applications and to those involving
cooperation between libraries and other agencies, or between
librarians and persons in other disciplines. Any ALA member
may apply for this $10,000 grant. For more information contact
Mary Jo Lynch, Baber Jury Staff Liaison, (312) 944-6780; Ameri-
can Library Association, 50 E Huron St., Chicago, IL 60611.

(Herbert W.) Putnam Honor Award (ALA-193)

This is an award of $500 which is opresented as a grant-in-aid to
an American librarian of outstanding ability for travel, writing, or
any other use that might improve his or her service to the library
profession or to society.� The Putnam Award will next be pre-
sented in 1992. Further information is available from the ALA
Staff liaison, Elaine K. Wingate.

Whitney-Carnegie Awards (ALA-195)

These awards oare granted to individuals for preparation of
guides to research resources. The aids must be aimed at a schol-
arly audience but have general applicability. The awards cover
costs appropriate to the preparation of a useful product, includ-
ing the cost of research and compilation. The maximum
amount awarded is $5000; the amounts and number of awards
are at the Publishing CommitteeTs discretion and vary from year
to year. Preference is given to projects for which the American
Library Association can serve as publisher.� Contact the ALA

Ilene Nelson, Column Editor

Publishing Committee for more information at 50 E. Huron St.,
Chicago, IL 60611.

Council on Library Resources Faculty/Librarian Cooperative
Research Program Grants (DRG-1503)

oThis cooperative program is designed to enhance the research
skills of librarians and to promote better communication be-
tween librarians and teaching faculty.� The maximum amount of
the grant is $3000. A detailed description can be requested from
the Cooperative Research Program, (202) 483-7474; Council on
Library Resources, 1785 Massachusetts Ave. NW, Washington,
DC 20036.

Council on Library Resources General Research Grants
(DRG-1504)

oProposals are accepted for carefully developed projects to ex-
plore topics directly related to the generation, accessibility, and
use of recorded information, especially where the results are
likely to support library objectives. Individuals from any academic
discipline who have an interest in the broad subject of information
and its use are urged to explore their ideas with the CLR staff.�
The grants are modest in amount and are not intended to cover
continuing operating costs or salaries. Appropriate proposal
topics include othe influence of computer and other technolo-
gies on library operations and management; the information
requirements of major disciplines, including the relationship
between characteristics of information and its utility; interna-
tional aspects of library service; and the economics of libraries.�
For details contact General Research Grants, (202) 483-7474;
Council on Library Resources, 1785 Massachusetts Ave. NW,
Washington, DC 20036.

For librarians who want to do research and travel, too, there
are several relevant grants:

PLA/CLSI International Study Award (ALA-206)

C.L. Systems donates this award of up to $5000 for the purpose
of supporting oa study tour abroad that will stimulate interest in
the development of an international study project with public
libraries outside the United States and enable a staff member of
a United States public library to carry out an international study
project that will further and improve international understand-
ing among public libraries worldwide.� Information and forms
are available from the Public Library Association, 50 E. Huron St.,
Chicago, IL 60611.

North Carolina Libraries

Spring 1991 " 37

Martinus Nijhoff International West European Specialist Study
Grant (ALA-201)

A maximum of 10,000 Dutch guilders is awarded annually to
enable an ALA member oto study some aspect of West European
studies, librarianship, or the booktrade." The grant covers air
travel to and from Europe, transportation in Europe, and lodging
and board for no more than fourteen consecutive days. The
primary criterion for awarding the grant is the significance and
utility of the proposed project as a contribution to the study of
the acquisition, organization, or use of library materials from or
relating to Western Europe. Application guidelines are available
from ACRL.

Bogle International Library Travel Fund (DRG-964)

oAwards of $500 are granted to librarians to travel abroad to study
and/or attend first international conferences.� Interested librar-
ians should contact Robert A. Doyle, ALA International Relations
Committee, (312) 944-6780; American Library Association, 50 E.
Huron St., Chicago, IL 60611.

Fulbright Scholar Awards (DRG-2192)

oThe Council for International Exchange of Scholars awards
Fulbright Scholarships to Americans for advanced research or for
university lecturing abroad . . . Awards for U.S. citizens include
approximately 300 grants in research and 700 grants in univer-
sity teaching and lecturing for periods ranging from 3 months to
an academic year. There are openings in over 100 countries, and
in a few cases, the opportunity for multi-country research is
available.� Requirements include U.S. citizenship; Ph.D. or com-
parable professional qualifications; university or college teach-
ing experience for lecturing awards; and for selected assign-
ments, proficiency in a foreign language. Grant benefits include
round-trip travel for the grantee, and for most full academic year
awards, one dependent; maintenance allowance to cover living
costs of grantee and family; tuition allowance, in many countries,
for school-age children; and book and baggage allowances. For
more information contact the Country Program Officer, Fulbright
Scholar Awards, (202) 686-6240; Council for International Ex-
change of Scholars; 3400 International Dr. NW, Ste M-500;
Washington, DC 20008-3097.

Harold Lancour Scholarship for Foreign Study (DRG-3031)
oThis scholarship is awarded to a librarian or graduate library
science student for foreign study and research in the library
sciences.� The maximum amount of the award is $1000. To
obtain application forms, contact the Executive Secretary, Phi
Mu International Library Science Honor Society, University of
Pittsburgh, Pittsburgh, PA 15260, (412) 624-9439.

Library/Book Fellows Program (DRG-3108)

oFunded by the U.S. Information Agency and administered by
the ALA, this program was initiated to place U.S. library and
publishing professionals in institutions overseas for periods of
several months to one year. The programTs purpose is twofold: to
enable U.S. librarians and publishers to enrich and broaden their
career experiences through a short period of overseas service in
research and development; and to increase international under-
standing through the establishment of professional and personal
relationships and the accomplishment of mutual goals. Eight to
ten fellows a year are sent around the globe to work on projects
such as developing a university-level library science curriculum,
setting up a system for automating library functions, and devel-
oping and promoting American studies collections in host coun-
tries. Other work has included organizing a national archival
collection, training host-country librarians in traditional and
automated information retrieval techniques, and promoting the
translation and distribution of U.S. books. Each year host institu-
tions submit proposals by November 1, and new countries are
selected and positions are announced January 1.� Applicants
must be U.S. citizens and must be educated and experienced in
the field of library or information science, publishing, or other
fields directly related to the interests and needs of specific
projects. A command of the language of the host country is
desired for all applicants and may be required for some specific
assignments. For more detailed information contact Robert P.
Doyle, Director, Library/Book Fellows Program, (800) 545-2433,
American Library Association, 50 E. Huron St., Chicago, IL
60611.

There are also various grant programs which are designed to
support librarians with particular specializations:

(Frances) Henne YASD/Voice of Youth Advocates (VOYA) Re-
search Grant (ALA-208)

This annual grant of $500 is intended to provide seed money for
small scale projects which will improve library service to young
adults. oApplicants must be a members of YASD, although the
research project may be undertaken by an individual, an institu-
tion, or a group.� Further information is available from ALA staff
liaison Linda Waddle.

World Book Grant (DRG-5794)

This annual $1500 grant supports continuing education in
school or childrenTs librarianship. Funds might be used, for
example, for attending a special workshop or to underwrite a
sabbatical. The grant may be divided among no more than three

MUMFORD

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(904) 737-2649

38 " Spring 1991

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North Carolina Libraries

applicants. The applicant must be a member of the Catholic
Library Association. Detailed application information can be
Obtained from Michael W. Rechel, Director of Publications/
Media, (215) 649-5251, Catholic Library Association, 461 W.
Lancaster Ave., Haverford, PA 19041.

Readex/GODORT/ALA Catharine J. Reynolds Award
(ALA-203)

This annual $2000 award offers financial support to documents
librarians for otravel and/or study in the field of documents
librarianship or in an area of study that will directly benefit their
performance as a documents librarian.� Contact the ALA Gov-
ernment Documents Round Table for details.

(Samuel) Lazerow Fellowship for Research in Acquisitions or
Technical Services (ALA-200)

This annual award of $1000 was established oto foster advances
in acquisitions or technical services by providing librarians in
those fields a fellowship for research, travel, or writing.� The
fellowship is administered by the Association of College and
Research Libraries. 50 E. Huron St., Chicago, IL 60611.

Bowker/UlrichTs Serials Librarianship Award (DRG-981)

This $1500 award is given for ocontribution to serials librarianship
in areas of professional association participation, library educa-
tion, serials literature, research, or development of tools leading
to better understanding of the field of serials.� To apply, contact
the Association for Library Collections and Technical Services,
(312) 944-6780, American Library Association, 50 E. Huron St.,
Chicago, IL 60611.

MLA Research, Development, and Demonstration Projects
Awards (DRG-3481)

oThe purpose of this award is to provide support for research,
development, and demonstration projects which will help to
promote excellence in the field of health science librarianship
and information sciences. Grants will not be given to support an
activity which is operational in nature or has only local useful-
ness.� Students in graduate library science programs as well as
practicing health sciences librarians are eligible to apply. Contact
Ann Landretti, Program Services Assistant, Grants and Scholar-
ship Program, (312) 419-9094, Medical Library Association, 6 N.
Michigan Ave, Ste 300, Chicago, IL 60602.

Database and Expert Systems Research Grants (DRG-1578)
This grant supports oresearch fundamental to the design, devel-
opment, management, and use of database and knowledge-based
systems. Research topics include conventional databases and
knowledge base extensions, database support in distributed
systems, expert systems, and information retrieval. Request in-
formation about Program No. 47.070 from Dr. Maria Zemankova,
Program Director, Database and Expert Systems, Division of
Information, Robotics, and Intelligent Systems, Directorate for
Computer and Information Science and Engineering, (202) 357-
9570, National Science Foundation, 1800 G St NW, Washington,
DC 20550.

References

1. ALA Handbook of Organization 1989/1990 and Membership Direc-
tory, ed. Gerald G. Hodges (Chicago: American Library Association, 1989).
2. Directory of Research Grants. (Phoenix: The Oryx Press, 1990).

North Carolina Libraries

Donnally continued from page 34 ...

allocating fixed percentages of court costs to the county law
library should be established, based perhaps on a countyTs
population. All of the existing county law libraries have basic
collections in place which need not be duplicated by the local
public library. Developing these collections to meet the pro-
posed minimum state standards would not be accomplished
overnight and might well require help from the state level.
Provision for the training of county law library staff should be
coordinated at the state level (perhaps by the Administrative
Office of the Courts). Reciprocal agreements regarding both
materials and professional expertise should exist between the
county law library and the public library. The StateTs library and
information science schools and law librarians in academic, firm,
and other settings also could assist as needed with training and
other professional expertise.

The need for a system designed to serve the legal informa-
tion needs of all North Carolinians is undeniable. Establishment
of a strong system of county law libraries building on the
facilities already in place is a feasible solution to this problem.

Stafford continued from page 27 ...

Principal Clerk, Senate
Room 2020, Legislative Bldg., Jones St., Raleigh, NC 27761
919-733-7761

State Library
109 E. Jones St., Raleigh, NC 27601-2807
919-733-3270, Public libraries use INWATS

Supreme Court Library

500 Justive Bldg., 2 E. Morgan St., P.O. Box 28006, Raleigh, NC 27611-8006
919-733-3425

SALEM PRESS/MAGILL BOOKS

"A Reputation for Reference"

Be sure your library has
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Science

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RALPH DAVIS
Sales Representative
P.O. Box 144

Rockingham, NC 28379

919/997-4857
919/997-3837

Telephone:
Fax:

Spring 1991 " 39

NORTH CAROLINA
Se

Robert G. Anthony, Jr., Compiler

hen one of the stateTs most popular, well-known, and admired native sons
describes a volume as othe most interesting book about North Carolina
ITve ever read " and one of the most interesting books about anything,�
most of us sit up and take notice. ThatTs what Charles Kuralt said about
this book, and the publisher has, appropriately, put that quotation on

the dustjacket.

ItTs hard to find fault with KuraltTs evaluation. This anthology of one hundred essays
was designed as a sampler of the rich diversity of North Carolina. It fulfills that promise.
The editorial combination of Jack Claiborne, longtime associate editor of The Charlotte
Observer, and William Price, Director of the North Carolina Division of Archives and
History, is a winner.

The book is divided into four sections: environment, people, events, and osocial
fabric.� Selections are brief, usually three or four pages, and are arranged roughly chrono-
logically within each section. The editors used North Carolina writers whenever possible,
and their choices are wise ones. Well-known voices of the state are
here: John Lawson, Gerald Johnson, Thomas Wolfe, Reynolds Price,
Jonathan Daniels, Sam Ervin, Fred Chappell, Doris Betts, Terry

ack Claib nd Willi Price, eds. 3
J EES a a a ee Sanford, and others. Harry GoldenTs classic, oThe Vertical Negro

Discovering North Carolina: Plan� for integration, is included, as is a revealing essay about Billy
Graham by Frye Gaillard.
A Tar Heel Reader Newcomers and natives alike will delight in the writings of

O. Henry and in essays about Chang and Eng Bunker, the original
Siamese twins; in George Moses Horton, the slave poet of Chapel
Hill; Frank Porter Graham; Andy Griffith; Ava Gardner; and James
Buchanan Duke. Lesser known North Carolinians with equally
compelling stories include Harriet Jacobs, Clement Exum, Annie
Lowrie Alexander, and Harriet Morehead Berry. The volume ends with essays by two of
the stateTs best known contemporary historians, H. G. JonesTs oSeeking Inspiration from
History� and William S. PowellTs oWhy WeTre Called Tar Heels.�

A few organizational changes would have made this anthology more useful. The
book needs an index. While there is a table of contents, the titles of the essays often give
no indication of the subject. Who would know that an essay titled oA Buttoned-Down
Boat-Rocker� is about Julius Chambers? And while the reader may guess that oA Power in
the East� is about Jesse Helms, itTs not so easy to guess that oA Prophet Without Honor�
is Archibald De Bow Murphy. Similar examples abound. An index would also provide
needed access to topics or places within essays.

Sources for each section are listed only in the back of the book. Putting the source at
coueosvisceciarsornt |! the end of each selection would have been helpful to readers. Each essay is preceded by

editorial comments. Printing those comments in italics or in some other distinctive type
would have helped the reader distinguish them easily from the essay following.

These reservations, however, are minor in the overall evaluation of this fine volume.
ItTs likely to be one that librarians and library users enjoy equally. Discovering North
Carolina is recommended for middle school and above, for all public libraries, and for
academic libraries supporting local history collections or classes in North Carolina
history. It would also be a welcome and much-used addition to personal bookshelves.

" Alice R. Cotten, University of North Carolina at Chapel Hill

Chapel Hill: University of North
Carolina Press, 1991.
372 pp. $24.95. ISBN 0-8078-1931-X.

DISCOVERING

40 " Spring 1991 North Carolina Libraries

ans of Raney Bell and Mattie Rigsbee, heroines of Clyde EdgertonTs earlier comic
novels, will welcome Killer Diller with eagerness. On the other hand, anyone
who was offended by the gentle fun the author had with Southern Baptists in
his first two books had better avoid his latest offering. While Raney and Walking
Across Egypt good humoredly described the simple, sincere faith of unsophisti-
cated small town people, Killer Diller goes after the calculated religious posturing of
certain members of the churchTs bureaucracy with sharply pointed satire.
Killer Diller is Wesley BenfieldTs story, continued about nine years after Mattie
Rigsbee of Walking Across Egypt took him in from the reformatory and tried to civilize
him. (Mattie, having slowed down quite a bit, is unfortunately a very
minor character in this novel.) Wesley is twenty-four years old now and a
faithful churchgoer, bricklayer, aspiring blues musician, and, because of
his unfortunate inability to pass up a car with the keys left in it, a

Clyde Edgerton. resident of BOTA House (BOTA for Back on Track Again), a halfway
Fs 3 house run by Ballard University.
Killer Diller Ballard University is an up-and-coming Baptist school. Among its
Chapel Hill: Algonquin Books, 1991. many community service projects are Nutrition House, where overweight
247 pp. $17.95. ISBN 0-945575-53-X. Christians can solve their problems with the help of Jesus; Project

Promise, a vocational education program in which BOTA residents tutor

special education students; and a gospel band called the Noble Defenders
of the Word. These all generate favorable publicity for the university, as well as some
grant money. The administration is also quietly courting Eastern LinkComm, an impor-
tant local industry, and hoping soon to be exerting influence in Washington.

Wesley, in spite of all these good influences, is still essentially an unsocialized yahoo.
Also he is nobodyTs fool. While heTs trying hard to be a good Christian, breaking himself
of swearing by putting on� in front of all the bad words (oNodamn!�), as he reads his
Bible, he realizes thereTs a lot there that they donTt tell you about in Sunday School. If
David didnTt get in immediate trouble over Bathsheba, he reasons, why shouldnTt he put
the moves on Phoebe, his girlfriend from Nutrition House? WesleyTs freewheeling code of
ethics and morality stands in sharp contrast to the slick hypocrisy of the universityTs
administrators, which he recognizes for what it is. His affection and concern for Mattie
are genuine, and he has learned from her to do good to the least of his brethren, as
evidenced in his relationship with Vernon, his possum-faced Project Promise student.

The religious satire in Killer Diller may offend some readers, as may the equal oppor-
tunity racial slurs voiced by some of the characters. The plot is disjointed; and the
conclusion, which is told as a confusing dream Wesley has while fleeing Ballard with
Phoebe, Vernon, and the Noble Defenders of the Word on their way to blues fame, is
weak. Nevertheless, Edgerton has created some wonderful farce here, and the novel is

recommended for public, school, and academic libraries.
" Dorothy Hodder, New Hanover County Public Library

ublished for the Historic Preservation Foundation of North Carolina to com-
memorate that organizationTs fiftieth anniversary, North Carolina Architecture
beautifully reflects significant advancements made in the field of architectural
history during the past half century. The book was inspired by Bayard Wooten
and Archibald HendersonTs Old Homes and Gardens of North Carolina (1939) and
by Frances Benjamin Johnston and Thomas Tileston WatermanTs The Early Architecture of
North Carolina: A Pictorial Survey (1941). All three titles contain important photographs of
some of the stateTs architectural treasures, but the scope and scholarly underpinning of
BishirTs book enhance its value as an educational tool.
The endnotes and bibliography provide clear evidence of the enormous

Catherine W. Bishir. amount of research that enabled Bishir to write her lively narrative. The

author studied printed and manuscript sources in a variety of libraries and

North Carolina archives. She also made free use of the scores of National Register of

Historic Places nominations, research reports, and published architectural

Architecture surveys written by staff members of, or consultants hired by, the North

Photography by Tim Buchman. Carolina Division of Archives and HistoryTs Survey and Planning Branch.
Chapel Hill: University of North Bishir headed this branch from the early 1970s until 1987 and thus played
Carolina Press, 1990. an important role in the stateTs quest to preserve a record of a fast-disap-
514 pp. $59.95. ISBN 0-8078-1923-9. pearing building environment.

North Carolina Libraries

This raw material provided a solid foundation for the authorTs carefully
crafted analysis of architectural styles and building types during the period

Spring 1991 " 41

a

from the early eighteenth century to about 1940. Unlike the writers of fifty years ago,
Bishir explains architectural trends in terms of the socio-economic context in which they
developed. Furthermore, she discusses not only the premier plantation houses of the
eighteenth and early nineteenth centuries, but also the homes or farm complexes of
people of modest means. These, like factories, commercial buildings, and structures built
Rea Carlene Miehireenare by churches, educational institutions, and state and local governments are discussed in
ty Cerin Wii Pana Ti Badan part as the attempt of people to meet a need or to convey an image. Herein lies the

J educational value of the book. The reader learns why buildings were built and, in many
cases, who designed them. Construction methods are discussed. Bishir tells about site
selection and how structures in a farm complex, mill village, or early twentieth-century
suburb are related to one another.

The bookTs many illustrations amplify these concepts. Floor plans for some of the
buildings reveal room relationships. Site plans show how farmers chose to locate their
barns and other dependencies. Tim BuchmanTs exquisite black-and-white photographs of
exteriors often convey a sense of place. Interior views skillfully document woodwork or
other decorative details. His eighteen color plates at the end of the text are a benediction.

The Historic Preservation Foundation of North Carolina and its many benefactors
deserve praise for sponsoring North Carolina Architecture. Providing a synthesis of many
years of research, the book will serve the state well until additional survey work and
historical research merit a new publication. Until then, schoolchildren and patrons of
all public and academic libraries in North Carolina will be inspired by what they find in
this volume.

" Maurice C. York, East Carolina University

ven though it was the sex that got folks excited over the Equal Rights Amend-

ment, the ERA was no more about sex than it was about equality. In Sex, Gender

and the Politics of ERA, University of North Carolina at Chapel Hill history

professors Donald G. Mathews and Jane Sherron De Hart claim that the fight

over womenTs rights really boiled down to a gender conflict. This indepth look
at the struggle for ratification of the Equal Rights Amendment in North Carolina traces
its roots to the suffrage movement and places the North Carolina experience within the
context of the national push for ERA ratification.

The study is both chronological and topical. The authors first give a straightforward
history of the ERA in North Carolina in a concise and engaging narrative. The reader is
introduced to the multifaceted issues, the complex political process, and a long string of

key players"the numerous women who organized on both sides of the
issue and the legislators who fought the battle over the ERA.
The second half of the book concentrates on what the ratification
experience meant to those involved. Here the authors deliver an
Donald G. Mathews and Jane Sherron De Hart. amazingly fresh and insightful analysis of the discourse between the

Sex, Gender, and the Po litics of two sides by exploring contested political territory through the sym-
: d. bolic rhetoric of the warring factions.

ERA: A State and the Nation The voices of the women themselves"extracted from Passionate
tae speeches, strategic letters, and reflective interviews"give life to this
New York: Oxford University Press, 1990. otherwise academic and complex discussion. By letting the women tell
283 pp. $24.95. ISBN 0-19-503-858-4. much of the story in their own words, the authors break through the

stereotypes of the olegal libbers� and the oemotional housewives� and
demonstrate how a bid for equality became a fight over the cultural
definition of womanhood.

In light of the thoroughness and sensitivity exhibited by the authors in this study, it
is surprising to find so little mentioned about the role of black women and the relation-
ship between the ERA and Civil Rights movements. Were there really so few black ERA
activists? If so, why? What were the responses of black communities to the ERA? Al-
though the authors readily point out that the ERA was basically a movement of white
women, they never explore why this would be so and thus missed an excellent opportu-
nity to look at the impact of race on what they have clearly defined as a gender issue.

A more technical shortcoming of the book is the lack of a comprehensive bibliog-
raphy. The footnotes are packed with valuable information on collections of personal
and political papers, names of interviewees, references to newspaper articles, and
| || citations to related books on the subject. Yet, with the exception of an appendix which
meee _| lists the names and dates of interviews, there is no handy list which pulls all these

"| sources together.

42 " Spring 1991 North Carolina Libraries

These limitations should not discount the overriding value of the book which breaks
new ground on several fronts. The narrative provides a critical piece of North CarolinaTs
political history. The analysis of the rhetoric used in the political process adds new
dimension to current perceptions of the ERA conflict. An obvious choice for academic
libraries, this book would also be appropriate for most public libraries in the state.

" Ginny Daley, Duke University

or the people of North Carolina, no twentieth century election has held the
mystique or the emotion of the 1950 U.S. Senate Democratic primary election
campaigns between the liberal Frank Porter Graham and his conservative
opponent Willis Smith. Graham, long-time president of the consolidated
University of North Carolina, was recognized internationally as a leading
proponent of social and racial reforms. In 1949 Governor W. Kerr Scott appointed him
to a vacancy in the U.S. Senate, a selection that antagonized conservative Democrats
throughout the state. As the 1950 election approached, conservatives, fearful of
GrahamTs liberal tendencies, sought to identify a viable opponent who would be more
palatable to their own political convictions. Conservative Democrats found a champion
in the respected Raleigh attorney Willis Smith; and, with former U.S. Senator Robert B.
Reynolds serving as a spoiler candidate in the first primary, the stage was set for the most
controversial campaign the state had experienced in modern times.
The much beloved and universally respected oDr. Frank� was the overwhelming
favorite for election, but 1950 was not a time for passionless deliberation. Many South-
erners resented the liberal thrust of the Harry Truman presidential
administration and the U.S. Supreme Court challenges to racial
segregation. Coupled with these issues was the frenzied rhetoric of
Julian M. Pleasants and U.S. Senator Joseph McCarthy, who claimed that the federal govern-
Augustus M. Burns III. ment was overrun by Communist operatives and fellow travelers.

Smith supporters took advantage of the fears and uncertainty of
Frank Porter Graham and the populace, as well as the political ineptness of Senator Graham

° himself. Despite the repeated urging of his supporters, the senator
the 1950 Senate Race in refused to renounce his membership or involvement in numerous
. controversial organizations, criticize his opponent, or make campaign
North Carolina. promises. Although Graham held a commanding lead in the first
Chapel Hill: University of North Carolina primary, Smith supporters carried the run-off election by resorting to
Press, 1990. distortions, personal attacks, and outright fabrications to prey upon
356 pp. $29.95. ISBN 0-8078-1933-6. racial and economic fears. With this backdrop, there is little wonder

that the Graham-Smith campaign became known as the bitterest,

most vicious, most racially oriented encounter of the twentieth
century. The campaign also appears to have served as a training ground for many of the
political leaders who have since dominated North Carolina politics.

Pleasants and Burns, both native North Carolinians who studied history at the
University of North Carolina at Chapel Hill, have crafted a highly readable, thoroughly
researched, and carefully documented study of North CarolinaTs most emotionally
charged election. Rather than perpetuating traditions that sprang from the contest, they
have carefully dissected the campaign and explored the strengths and weaknesses of
both major candidates. While they extol the oChrist-like� qualities that endeared Dr.
Graham to his multitude of followers, they also reveal the political and social naivete
that plagued Graham the candidate and continuously embarrassed and confounded his
cadre of handlers. This is a solid study not only of North Carolina politics but also of a
era in the stateTs history when social change was wrenching at the very foundation of
the peopleTs psyche. It gives concrete form to the dichotomy that was and in many
respects still is North Carolina.

There is no question that Frank Porter Graham and the 1950 Senate Race in North
Carolina is an important study of modern North Carolina. Even younger readers, who
were not living in 1950, will relate the issues and the personalities to more recent
contests of which they do have recollections. The book should be included in every
academic and major public library in the state.

" Donald R. Lennon, East Carolina University

oTRS ean Mars 2 RY SCS PS A OIYP AB AM RO A URE LE MD ES OR AEE SE TR RAE RET AONE OY IS EE ME ET EE ETE PE

North Carolina Libraries Spring 1991 " 43

OTHER PUBLICATIONS OF INTEREST

Durham County: A History of Durham County, North Carolina by Jean Bradley Anderson
is sure to be a model for future Tar Heel county histories. Wide-ranging and scholarly, well-
illustrated, with extensive bibliography and personal name and subject indexes, plus appendixes
of elected officeholders and local officials, the book details the history of this important
Piedmont county from Indian settlement through 1981, its centennial year. Great care has been
taken to include all aspects of the countyTs heritage"economic, political, educational, religious,
social, and cultural. The result is an impressive work, one destined to be the definitive history
of Durham County for years to come. (1990; Duke University Press, 6697 College Station,
Durham, North Carolina 27708; 611 pp.; $27.50; ISBN 0-8223-1056-2).

Jerry Bledsoe has delighted Tar Heels for years with his columns in Greensboro and
Charlotte newspapers. In The Bare-Bottomed Skier and Other Unlikely Tales, he gathers some
of his funniest work, his first humor collection since the 1981 publication of WhereTs Mark Twain
when We Really Need Him? The sixty selections in this latest collection offer ample evidence that
Bledsoe, also the author of ten other books including the national bestseller Bitter Blood, retains
his radar-like ability to spot the comical. (1990; Down Home Press, P.O. Box 4126, Asheboro,
N.C. 27204; 214 pp.; $14.95; ISBN 0-9624255-8-3).

From the mid-1660s until shortly after World War I, the pursuit of whales frequently
brought excitement to Tar Heel coastal waters. In Whaling on the North Carolina Coast, Marcus
B. Simpson, Jr., and Sallie W. Simpson offer a well-crafted narrative of these encounters with
EarthTs largest creatures. They tell how shore-based local residents seized beached whales or used
small rowing boats to reach ones trapped in shallow waters. Whalers in sailing ships, mostly
based in New York and New England, practiced pelagic, or open sea, whaling in deeper waters,
especially in the oHatteras ground� northeast of Cape Hatteras. The authors also describe the

~boats, whale guns, harpoons, and other equipment used; and they discuss the removal of

whalebone, oils, and other valued parts from whale carcasses. The SimpsonsTs history of whaling
was first published in the North Carolina Historical Review, where it won the 1988 Robert D. W.
Connor Award for best article. (1990; Historical Publications Section, Division of Archives and
History, 109 East Jones Street, Raleigh, N.C. 27601-2807; 51 pp.; pbk.; $3.00, plus $1.00 postage
and handling; ISBN 0-86526-242-X).

The Paul Green Foundation, in association with Appalachian Consortium Press, has
recently announced publication of Paul GreenTs Wordbook, an
Alphabet of Reminiscence. This unique collection of tales, remedies,
words, plant lore, games, songs, and other expressions of the people is
a record of the interests and observations made during more than fifty
years by the late Paul Green, North Carolina Dramatist Laureate and

Pulitizer Prize-winning playwright. Although best known for his dra- Paul GreenTs Wordbook
mas, Green was also a writer of short stories, novels, essays, poetry, and ~An Alphabet of Reminiscence
motion picture screenplays. Through the generosity of the Mary Duke

Biddle Foundation, the Prickett Fund, the Paul Green Foundation, and PAUL GREEN

many private contributors, the two-volume, 1,280-page set is available
free to North Carolina libraries. It may be obtained by writing to:

Appalachian Consortium Press

University Hall

Appalachian State University

Boone, North Carolina 28608
Libraries are asked to include $5.00 with their requests to cover shipping and
postage costs. If this cost presents a hardship, however, they may state so in
their letters of request.

The eighty-eight columns collected by long-time Charlotte sportswriter Ron Green in From
Tobacco Road to Amen Corner: On Sports and Life range widely over the sporting field"
baseball, basketball, football, golf, boxing, automobile racing, track, and pool. As would be
expected, the legends are there, many with North Carolina roots, such as Charlie oChoo Choo�
Justice, Richard Petty, Junior Johnson, David Thompson, Michael Jordan, Dean Smith, Billy Joe
Patton, Arnold Palmer. But GreenTs brief essays also celebrate the weekend golf game, the corner
pool hall, the scruffy angler on the coastal pier. Whether writing about the famous or the
unsung"or of family and friendship in several non-sports columns"Green offers observations
about life gleaned during his more than forty years of sportswriting. (1990; Down Home Press,
P.O. Box 4126, Asheville, N.C. 27204; 215 pp.; $17.95; ISBN 0-9624255-9-1), _"__

44 " Spring 1991

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North Carolina Libraries Spring 1991 " 45

NortTH CAROLINA LIBRARY ASSOCIATION

Minutes of the Executive Board
October 19,1990

The Executive Board of North Carolina Library Association met
Friday, October 19, 1990, in the Crystal Coast Civic Center on the
Carteret Community College Campus in Morehead City. The meeting
was called to order at 10:00 a.m. by President Barbara Baker, who
introduced Dr. Donald Bryant, President of the College.

Board members present were: Janet Freeman, Amanda Bible,
Michael LaCroix, Frances Bradburn, Pat Gregory Richards, David
Gleim, Martha Ransley, Judie Stoddard, Patricia Langelier, Pam Jaskot,
Steve Sumerford, Sylvia Sprinkle-Hamlin, Renee Stiff, Nona Pryor,
Jerry Thrasher, Nancy Massey, Johannah Sherrer, Melanie Collins,
Gene Lanier, Howard McGinn, Jane Moore, Edward Shearin.

Dr. Bryant welcomed the Board to the college and to Morehead
City. Ed Shearin, Director of the Learning Resources Center, offered to
conduct tours of the center after the meeting.

Minutes of the April 20 meeting were corrected as follows: oand
North Carolina Library Association� to be inserted in the sentence,
oThe Department of Cultural Resources, State Library (insert) will be
co-sponsoring the conference.� Omit the sentences, oSince this would
be the year for the NCASL Conference,� ending with oalso a possible
site�, and oThe Membership Committee had a display at this confer-
ence.� Change othe October 19 meeting will be at (the Seahawk Hotel)
to (Carteret Community College).� Janet Freeman moved that the
minutes be approved as amended. Seconded by Pat Langelier, the
motion carried.

The following corrections were made to the July 20 minutes:
Insert oChair Gene Lanier sent a written report,� in the sentence,
oIntellectual Freedom Committee (insert) and omit ohad no report.�
Insert owill submit to the membership in September for approval� in
the sentence, oThe Section (insert) a Bylaws change and omit oap-
proved.� Change oopen� to oall� in the sentence, othe ban on
smoking in (all) meetings.� Gene Lanier moved that the minutes be
approved as amended. Seconded by Pat Langelier, the motion carried.

Treasurer Michael LaCroix reported that as of September 30, the
checking account balance was $13,718.36. A deposit of $50,000 is in
an undesignated five-month CD and $23,695.47 is in a seven-day CD.
Disbursements for July 1 - September 30 were $26,280.08.

President Baker announced changes to the agenda to include
reports from the following committees: Conference, AIDS, Public
Relations, Archives, Intellectual Freedom, and Literacy.

Reporting for Doris Anne Bradley, Constitution, Codes, and
Handbook Chair, President Baker announced that the new Handbook
should be ready for the January meeting. Information is needed on
awards given by the Association. Information should be directed to
Doris Anne Bradley or to Martha Fonville at the NCLA office.

Steve Sumerford, the new Chair of the Literacy Committee,
reported that approximately $1,500 was available from the Literacy
Partnership Conference that could be used by the Committee for a
possible spring workshop. An interest questionnaire devised by his
committee of ten was shared with the Board.

Sylvia Sprinkle-Hamlin, Membership Chair, requested that by
Nov. 4, a member from each NCLA committee recommend a member
to be on the membership committee.

Janet Freeman, Conference Committee Chair, announced that
NCLA would be in High Point Nov. 12-15, and requested that
committees get information about programs to the committee on a
timely basis to insure the success of the conference. Michael LaCroix
reminded the Board that requests for program grants should be
submitted to Nancy Fogarty, Finance Chairman, as soon as possible.
ChildrenTs Services has already confirmed their speaker.

Pam Jaskot, Public Relations Chair, reported that ALA is sponsor-
ing two programs, a photo contest, oYear of the Lifetime Reader�, and
repeating oNight of a Thousand Stars.� Discussion of the first oNight

of a Thousand Stars� indicated that the program was moderately
successful, but it was a lot of work for the response, and Wednesday
night was a poor choice for rural areas where many people attend
church on Wednesday night. The committee will determine what
to promote.

Gene Lanier, Intellectual Freedom Chair, reported on numerous
presentations, incidents and responses, and specifically on a challenge
to KiplingTs oHow the Leopard Got His Spots� in a school library in
Watauga County, which was appealed by librarian Audrey Hartley to
the school board, which voted to retain the book. He noted that since
May there had been 3 cases involving police and confidentiality of
records. He stressed the need for librarians to be familiar with the
confidentiality law-Chapter 125, article 3 of the General Statutes. He
also pointed out that there would soon be new interpretations of
meeting room policies, displays and exhibits, decorations and
holidays, and fees for library services.

Ed Shearin reported that Technology and Trends would be
meeting in January.

Anne Berkley, Archives Chair, sent a report presented by
President Baker, stating that NCLA records would be ready for deposit
in N. C. State Archives in November or shortly thereafter. Archives
only accepts gifts and the donation needs to be authorized by a
contract furnished by Archives. Melanie Collins moved that Barbara
Baker sign the contract authorizing the donation. Seconded by Frances
Bradburn, the motion carried.

Pauline Myrick sent a report from the Nominating Committee.
Nominees for the 1992-93 biennium are: Vice-President/President-
elect-Gwyndolyn G. Jackson and Sue Spencer; Secretary-Waltrene M.
Canada and Joyce Orndoff; Director-Mae L. Rodney, Edward T.
Shearin, Jr., Gay Williams Shepherd, and Helen Tugwell. Their pictures
and biographical information will be in the Spring issue of North
Carolina Libraries.

Frances Bradburn, North Carolina Libraries Editor, reported that
Nancy Bates would be the guest editor of the Summer 1992 issue and
the theme would be oLibrarians and the Political Process." Changes on
the editorial board are: John Welch replacing Howard McGinn as
associate editor but McGinn will remain on the board as a special
advisor to the editor; Al Jones, from Elon College, will replace Jinnie
Davis; and Ilene Nelson will be research column editor.

There was no report from the Trustees.

Nancy Massey, Vice-Chair, Round Table on the Status of Women
in Librarianship has met three times this year and sponsored a highly
successful workshop, oPlateauing: How to Tread Water Without Going
Under� on Aug. 9-10 at Forsyth County Public Library with sixty
participants. The Round Table will continue the publication Ms.
Management and has confirmed Jill McCorkle, North Carolina novelist,
as their speaker for the November biennial conference.

Reporting for Maury York, Round Table on Special Collections,
Frances Bradburn announced a symposium, oCooperative Collection
Development of Local History Materials in North Carolina which is
planned for May 29-30 in Chapel Hill, Co-sponsored by the North
Caroliniana Society, major support will be provided by the
UniversityTs North Carolina Collection. The Round Table urges
representation from all types of libraries.

Renee Stiff, Round Table on Ethnic Minority Concerns Chair,
announced a workshop, oManaging Communications and Conflict in
the Workplace,� to be held Nov. 2 at Forsyth County Public Library.
The workshop is free to REMCo members and $10 for nonmembers.
REMCo presented a position paper at the state regional White House
Conference held in Durham in September. Volume 6, No. 2 of the
REMCo Newsletter has just been published.

David Gleim, Resources and Technical Services, announced the

46 " Spring 1991

North Carolina Libraries

Rae amr, 2cs LR ST R A Y RE OCD D1FTTE AOEESTEIL IDLEDTOS E SCA O SS S S PAERES S ATORTE PTARRETE RINS SRA F

Publication of Directory of Curriculum Materials Centers Serving North
Carolina Teachers Education Programs, a 48-page guide compiled by
committee member Joanna Wright and funded by RTSS. Copies are
$5.00, available from Joanna Wright, Randall Library, UNC-
Wilmington. Flyers were distributed which described the Oct. 25-26
Conference. oMenu-Driven Libraries: Options for the 1990s, A
Conference on Customized Versus Standardized Technical and Public
Services.� Eighty-five have registered for the LSCA Title III funded
conference which will be held at the Durham Hilton Hotel. The
newsletter, NCLA/RTSS Update, will be issued in November.

Johannah Sherrer, Reference and Adult Services, reported 80
registered for the highly successful workshop, oReference 2000:
Blending Artistry and Technology," which was held Sept. 28 at Forsyth
County Public Library. A copy of the program and the results of a
preconference attitudinal survey of library directors were passed
around. The workshop was funded with an LSCA Title III grant.

President Baker presented a report submitted by Nancy Bates,
Public Library Section. The Section Planning Council met Aug. 17. The
following activities and plans were reported: The Audiovisual Com-
Mittee is preparing a directory and has planned two fall workshops in
Asheville and Fayetteville. The Development Committee is working on
Suidelines for the 1989-91 Award which recognizes the development
of worthwhile library programs, practices and procedures. The
Genealogy-Local History Committee has prepared a questionnaire on
local history collections for public and community college libraries.
The data will be compiled and made available to all libraries. The
Governmental Relations Committee reported on Legislative Day on
June 6 and the efforts to retain the present state aid package rather
than securing more funds. The Personnel Committee completed the
Survey on certification and recertification and forwarded it to the
Public Library Certification Commission. The tabulation showed there
are no clear-cut national trends on these two issues. The Public
Relations Committee is completing arrangements for a conference in
Fayetteville Nov. 29-30. The Committee applied for an NCLA Project
Grant. The Young Adult Committee is continuing the Grassroots
newsletter and received an NCLA Project Grant to update and
computerize the mailing list.

Judie Stoddard, reporting for the Paraprofessional Association,
Stated that committees had been appointed and now that Sampson
County Library has a new director, Ann Thigpen will have time to
begin plans for a workshop.

Nona Pryor, NCASL Chair-Elect, presented Laura BensonTs report.
More than 1,100 attended the Sept. 27-28 conference in High Point,
with 350 attending the preconference on whole language conducted by
author-educator Nancy Polette. Especially appreciated were the exhibits
from the Young Adult Committee of the Public Library Section, the
AIDS Awareness Committee, and the State Library. Elsie Brumback
from the Dept. of Public Instruction received the Mary Peacock Douglas
Award, and David Ricketts, Superintendent of McDowell County
Schools, was honored as the Administrator of the Year. Plans are being
developed for a North Carolina ChildrenTs Book Award to be given in
cooperation with the ChildrenTs Services Section and to further
promotion of the Battle of the Books for middle school students.

Melanie Collins, New Members Round Table, reported a meeting
On Oct. 16 at Harnett County Public Library. NMRT has plans to send
letters and membership brochures to library school deans and will try
to set up class visits. The program planned for the biennial conference
is oMoving Up-Moving On, Coping With Change."

Other conference activities include the Young Librarian Award,
Friendly Booth Award, and the Baker and Taylor Grassroots Grant
for Students.

President Baker presented the report submitted by Nancy Ray,
Library Administration and Management Chair. LAMS held its first
workshop, oTo Make Necessity A Virtue," Oct. 15 at the Holiday Inn of
Southern Pines. Thirty-seven registered for this workshop, which
focused on the effective management of people in an era of increasing
expectations with decreasing or stand-still resources. Joleen Ezzell
edited the first newsletter, On The LAM{S}, and the second issue is to
be mailed in the late fall to the over 100 members of LAMS. Plans are
being developed for a spring workshop or a leadership training
program in conjunction with the biennial conference in November.

There was no report from Documents.

Pat Richardson presented the Community and Junior College

report submitted by Susan Janney. CJCS met Sept. 20 at the AHEC
Library in Charlotte and decided to prepare a display and a resolution,
oThat the United States Federal Government restore and expand
funding for community and junior college libraries through programs
such as HEA grants. Such funding would provide books, materials,
equipment, and services for which costs have increased, while local
resources have decreased," for presentation at each of the Regional
GovernorTs Conferences. It was decided to have a semi-annual
newsletter edited by Mike McCabe. For the fall biennial conference,
CJCS plans to sponsor an author, possibly Clyde Edgerton, and also
have an exhibit.

Martha Ransley, College and University Chair, reported the
section Board met Sept. 28 in Greensboro and made the following
plans: two Bibliographic Interest Group workshops, oPresentation
Skills and the Design of Instruction,� to be held Feb. 22 at Meredith
College and March 1 at Salem College; a workshop in April, oHow
People Learn: Using Technology To Help People Learn�; and for the
fall biennial conference, a program, oGlasnost for Libraries"Russian
and United States Libraries,� featuring a professor whose specialty is
the Soviet Union, a librarian recently returned from a tour of Russian
Libraries, and a panel of two Slavic bibliographers and the ALA
representative to international libraries. The Bibliographic Interest
Group requests a one-hour slot for a meeting at the biennial
conference.

President Baker presented a report from Pat Siegfried, ChildrenTs
Services Chair. The CSS Executive Board met Sept. 6 with all members
present. All 300 copies of Reel Readers have been sold and orders are
still coming in. It was decided to print an additional 200 copies. A
Chapbook Sampler issue was printed for distribution at the NCASL
Conference in High Point. Composition and length of the winter issue
was discussed. Plans for a spring workshop to follow up the 1989
conference oChanging Needs . .. Changing Behaviors� was discussed
and will be finalized at the November Board meeting. The board
discussed State Library ChildrenTs Consultant Cal ShepherdTs proposal
to provide State Library mini-grants for innovative childrenTs pro-
grams and encouraged her to pursue action on the proposal. CSS
staffed a membership table at the NCASL Conference in High Point
and presented the Notables Showcase. The Showcase appeared very
successful with 249 attending the media portion and 300 attending
the book showcase.

Patricia Langelier, ALA Councilor, stated that she would have a
report in January following the ALA midwinter meeting.

Jerry Thrasher, SELA Representative, announced there had been 9
reservations for the chartered bus to the conference in Nashville.
Thirty-three to thirty-five are needed to confirm the trip. He encour-
aged attendance at the preconference, oUnderstanding and Relating to
Your CommunityTs Power Structure� on Dec. 4-5. SELA exhibits have
been requested for the GovernorTs Conferences in Winston-Salem and
in Supply and will be provided. David Fergusson will become the SELA
representative at the end of the conference on Dec. 8. Jerry expressed
sincere appreciation for representing NCLA and SELA to each other for
the past four years.

President Baker announced that a membership table had been
reserved for NCLA in the registration area at the SELA Conference. A
special request was received from SELA for items representative of the
state to be used in a silent auction to raise money to cover the all-
conference reception expenses. After discussion, Melanie Collins
moved that Barbara Baker be authorized to spend up to $100 to buy
articles for the auction. Seconded by Michael LaCroix. Martha Fonville
moved that the motion be amended to increase the amount to $200.

Seconded by Jerry Thrasher, the amended motion failed 8-7 with one
dissension. The original motion carried.

Old Business:

Howard McGinn, State Librarian, discussed the previous request
for NCLA to co-sponsor the ACC public service announcements. He
stated that each announcement was probably seen by over a million
people each time it was shown, that ACC schools were used because
they donated the time and that commercial funds could not be used
to produce the spots because of the players status. Concern had been
expressed over the use of opublic library� in the first announcements.
That was because they were funded by public libraries. If NCLA
sponsors a spot, opublico could be omitted.

North Carolina Libraries

Spring 1991 " 47

LL

Frances Bradburn moved that NCLA sponsor one NCAA basket-
ball PSA at a cost of $2,500 with credit given to NCLA and the player
stating oStay in school and use your libraries.� Seconded by Nancy
Massey, the motion carried.

Johannah Sherrer presented a petition from the Reference and
Adult Services Section for a special release of funds to implement the
Maryland Reference Training Model in N.C. The section is limited to
$1,500 in conference monies, but the plan calls for NCLA to assist by
contributing $5,000, 40% of the total costs. Johannah Sherrer moved
that NCLA release an additional $3,500 in project monies for the
implementation of the Maryland Reference Training Model. Seconded
by Nancy Massey, the motion carried.

There was no new business.

Howard McGinn, State Librarian, presented the following items
in the report from the State Library:

1. The participation and attendance of lay persons and govern-
ment officials at the GovernorTs Conference is strongly urged.

2. State budget woes continue. The State Library has been asked
to identify an additional 1 1/2% for reducing their budget. It is hoped
that this would come from lapsed salaries. There is a fear that LSCA
funding may be reduced if there are additional budget cuts since a

maintenance of effort level must be maintained to qualify for funding.

LSCA titles I and III benefit all types of libraries. The film budget was
cut $94,000 and other services will be reduced. Libraries that do not
qualify for state aid will no longer receive services unless they qualify
or join a county library system. Also community colleges must join
the Information Network to continue interlibrary loan service. Local,
state and federal officials need to be made aware of the effect the
budget cuts will have on library services. Personal contact is urgent.

3. The State Library exhibit at ALA was marvelous and will be
repeated at AFA in Atlanta.

4. An increase in state aid to public libraries and $500,000 for
construction are being included in the new budget request.

5. Summer Reading Program and Quiz Bowl are being put in the
regular budget, not LSCA.

6. Non-revenue bills that will be presented include a mandate to

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48 " Spring 1991

use acid-free paper for the core collection of state documents and
getting the ALA Bill of Rights written into law.

7. Public and academic librarians are being trained to access the
State Data Center through the Link database.

8. Anne Marie Elkins has been hired as the new library consult-
ant for the eastern part of the state.

9. Legislative Day will include a noontime pig-picking at the
State Library.

10. A marketing director has been hired for the Library for the
Blind and Physically Handicapped to expand their services.

11. The State Library is looking at the National Research
Education Network (NREN) project to establish a nationwide high
speed data network.

Jane Moore distributed awards program and membership
applications for Friends of North Carolina Public Libraries. The
deadline for entries is Feb. 15. Awards will be presented at the Friends
spring meeting.

Martha Fonville, Administrative Assistant, reported that the
membership data base is now independent and is being used for labels
and other lists. It can be searched by last name, but searching by
membership number is more reliable. A list of Executive Board
members and Committee Chairs was passed around to check for
accuracy before it is included in the new Handbook. The group was
reminded to allow extra time for bulk mailings and that the State
Courier mail can be used at half the cost of first class mail. An updated
NCLA membership report shows 2,538 members. The two largest
sections are NCASL-1.133 and Public Library-346.

President Baker reported that she had attended the LAMS
workshop, the NCASL Conference and the Family Literacy Partnership
conference and will be speaking at the Regional GovernorTs Confer-
ence in Lenoir on Nov. 9. She expressed disappointment at the lack of
library representation at the literacy conference. Only 57 counties sent
delegations. Appreciation was expressed to Ed Shearin for the fine
refreshments.

Meeting adjourned at 12:40.

Amanda Bible, Secretary

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North Carolina Libraries

Nortu CAROLINA Liprary ASSOCIATION 1989-1991 EXECUTIVE BOARD

President Editor, North Carolina Libraries New Members Round Table Resources and Technical Services
BARBARA BAKER FRANCES BRADBURN MELANIE COLLINS Section
Durham Technical Joyner Library Harnett County Public Library DAVID GLEIM
Community College East Carolina University PO Box 1149 Catalog Department, CB 3914

Lillington, NC 27546 Davis Library, UNC-CH
Chapel Hill, NC 27599-3914
Telephone: 919/962-0153

919/962-0484

1637 Lawson Street Greenville, NC 27858-4353
Durham, NC 27703 Telephone: 919/757-6076 Telephone: 919/893-3446
Telephone: 919/598-9218 Fax: 919/757-6618 FAX: 919/893-3001
Fax: 919/595-9412 Fax:
Past-President North Carolina Association of

PATSY J. HANSEL School Librarians Round Table on Ethnic/Minority

Vice-President/President Elect

JANET L. FREEMAN Williamsburg Regional Library LAURA BENSON Concerns
Carlyle Campbell Library 515 Scotland Street High Point Public Schools RENEE STIFF
Meredith College Williamsburg, VA 23185 900 English Road Shepard Memorial Library

3800 Hillsborough Street
Raleigh, NC 27607-5298
Telephone: 919/829-8531
Fax: 919/829-2830

Secretary
AMANDA BIBLE
Columbus County Library
407 N. Powell Blvd.
Whiteville, NC 28472
Telephone: 919/642-3116
Fax: 919/642-3839

Treasurer
MICHAEL J. LACROIX
Ethel K. Smith Library
Wingate College
P.O. Box 217
Wingate, NC 28174-0217
Telephone: 704/233-8090
Fax: 704/233-8254

Directors
SYLVIA SPRINKLE-HAMLIN

Forsyth County Public Library

660 West Fifth Street
Winston-Salem, NC 27101
Telephone: 919/727-2556
Fax: 919/727-2549

H. DAVID HARRINGTON
Sales Representative
Britannica

512 Brook Street
Salisbury, NC 28144
Telephone: 704/633-0597

ALA Councilor (4 Year Term)
PATRICIA A. LANGELIER
Institute of Government
CB 3330 - Knapp Building,
UNC-CH
Chapel Hill, NC 27599
Telephone: 919/966-4130
Fax: 919/962-0654

SELA Representative
JERRY THRASHER
Cumberland County Public
Library
300 Maiden Lane
Fayetteville, NC 28301
Telephone: 919/483-1580
Fax: 919/483-8644

North Carolina Libraries

Administrative Assistant (Ex
Officio)
MARTHA FONVILLE
NCLA
c/o State Library of NC
109 East Jones Street
Raleigh, NC 27601-1023
Telephone: 919/839-6252
Fax: 919/839-6252

SECTION/ROUND TABLE
CHAIRS

ChildrenTs Services Section
PATRICIA SIEGFRIED
Public Library of Charlotte &
Mecklenburg County
310 North Tyron Street
Charlotte, NC 28202
Telephone: 704/336-6204
Fax: 704/336-2000

College and University Section
MARTHA RANSLEY
Jackson Library
UNC-Greensboro
Greensboro, NC 27412-5201
Telephone: 919/334-5245

Community and Junior College
SUSAN JANNEY
Charlotte AHEC Library
PO Box 32861
Charlotte, NC 28232
Telephone: 704/355-3129

Documents Section
ROBERT GAINES
Jackson Library
UNC-Greensboro
Greensboro, NC 27412-5201
Telephone: 919/334-5251

Library Administration and
Management Section
NANCY RAY
Southern Pines Public Library
180 SW Broad Street
Southern Pines, NC 28387
Telephone: 919/692-8235

High Point, NC 27260
Telephone: 919/885-5161

North Carolina Library
Paraprofessional Association

ANN H. THIGPEN
Sampson-Clinton Pub. Library
217 Graham Street

Clinton, NC 28328
Telephone: 919/592-4153

Public Library Section

NANCY BATES

Davidson Co. Public Library

602 S. Main Street

Lexington, NC 27292

Telephone: 704/249-7011
ext. 295

Reference and Adult Services
Section

JOHANNAH SHERRER
Williams R. Perkins Library
Duke University

Durham, NC 27706
Telephone: 919/648-2372

NC Central University
1801 Fayetteville Street
Durham, NC 27707
Telephone: 919/560-6097

Round Table on Special
Collections
MAURICE C. YORK
Joyner Library
East Carolina University
Greenville, NC 27858-4354
Telephone: 919/757-6617
Fax: 919/757-6618

Round Table on The Status of

Women in Librarianship
KAREN SEAWELL
Greensboro AHEC
1200 N. Elm Street
Greensboro, NC 27420
Telephone: 919/379-4483
Fax: 919/379-4328

Trustees Section
TERRI UNION
508 Cliffside Drive
Fayetteville, NC 28203
Telephone: 919/483-2195

Fax: 919/483-1091

North Carolina Libraries, published four times a year,
is the official publication of the North Carolina
Library Association. Membership dues include a

subscription to North Carolina Libraries.
Membership information may be obtained from
the treasurer of NCLA.

Subscription rates are $32.00 per year, or $10.00 per
issue, for domestic subscriptions; $50.00 per year, or
$15.00 per issue, for foreign subscriptions. Backfiles are
maintained by the editor. Microfilm copies are available
through University Microfilms.

North Carolina Libraries is indexed by Library Literature
and publishes its own annual index.

Editorial correspondence should be addressed to the
editor; advertisement correspondence should be
addressed to the advertising manager. Articles are juried.

North Carolina Libraries is printed by
Meridional Publications, Wake Forest, NC.

Issue deadlines are
February 10, May 10, August 10, and November 10.

Spring 1991 " 49

ABOUT THE AUTHORS

Timothy L. Coggins

Education: B.A., North Carolina Wesleyan College; M.S., Simmons College; J.D., North
Carolina Central University.

Position: Associate Director of the Law Library & Clinical Assistant Professor of Law,
University of North Carolina at Chapel Hill.

Anna Donnally

Education: B.A., East Carolina University; M.S.L.S., University of North Carolina at
Chapel Hill.

Position: | Head of Central Adult Services, Asheville-Buncombe Library System.

Laura N. Gasaway
Education: B.A., Texas WomanTs University; M.L.S., Texas WomanTs University; J.D.,
University of Houston. :

Position: Director of the Law Library & Professor of Law, University of North Carolina at
Chapel Hill.

Warren Graham

Education: A.A., Central Piedmont Community College.

Position: Library Safety and Security Coordinator, Public Library of Charlotte and
Mecklenburg County.

James S. Heller

Education: B.A., University of Michigan; M.L.S., University of California at Berkeley; J.D.,
University of San Diego.

Position: Director of the Law Library & Associate Professor of Law,
College of William and Mary.

Nina N. Lyon

Education: B.A., University of Alabama; M.Ln., Emory University.
Position: | Main Library Services Director, Public Library of Charlotte and
Mecklenburg County.

Constance M. Matzen

Education: B.A., University of Colorado; M.L.S., University of California at Berkeley; M.A.T.,
Connecticut College for Women.

Position: Director of Library Services, Smith, Anderson, Blount, Dorsett, Mitchell &
Jernigan, Raleigh, NC.

Janet Sinder
Education: A.B., Cornell University; M.S., University of Illinois; J.D., University of Michigan.
Position: | Senior Reference Librarian and Senior Instructor in Legal Research,

Duke University School of Law Library.

Louise H. Stafford
Education: B.A., West Virginia University; M.S.L.S.,
University of North Carolina at Chapel Hill.
Position: Librarian, North Carolina Supreme Court Library, Raleigh, NC.

Thomas M. Steele

Education: B.A., Oklahoma State University; M.L.S.,
University of Oregon; J.D., University of Texas.
Position: Director of the Law Library & Associate Professor of Law, Wake Forest University.

50 " Spring 1991 North Carolina Libraries

aE

EDITORIAL STAFF

Editor
FRANCES BRYANT BRADBURN
Joyner Library
East Carolina University
Greenville, NC 27858-4353
(919) 757-6076

Associate Editor
ROSE SIMON
Dale H. Gramley Library
Salem College
Winston-Salem, NC 27108
(919) 721-2649

Associate Editor
JOHN WELCH
Division of State Library
109 East Jones Street
Raleigh, NC 27601-2807
(919) 733-2570

Book Review Editor
ROBERT ANTHONY
CB#3930, Wilson Library
University of North Carolina
Chapel Hill, NC 27599-3930
(919) 962-1172

Advertising Manager
HARRY TUCHMAYER
New Hanover Co. Public Library
201 Chestnut Street
Wilmington, NC 28401
(919) 341-4389

Editorial Advisor
HOWARD F. McGINN
Division of State Library
109 East Jones Street
Raleigh, NC 27601--2807
(919) 733-2570

Trustees
MRS. ERNEST M. KNOTTS
Route 2, Box 505
Albemarle, NC 28001
(704) 982-7434

ChildrenTs Services
SATIA ORANGE
Forsyth County Public Library
660 West Fifth Street
Winston-Salem, NC 27101
(919) 727-2556

College and University
PLUMMER ALSTON JONES, JR.
Iris Holt McEwen Library
Elon College
P.O. Box 187
Elon College, NC 27244
(919) 584-2338

Community and Junior College
PAT RICHARDSON

Wake Technical Community College

9101 Fayetteville Road
Raleigh, NC 27603
(919) 772-0551

Documents
LISA K. DALTON
Rockingham County Public Library
598 Pierce Street
Eden, NC 27288
(919) 623-3168

Junior Members Round Table
DOROTHY DAVIS HODDER
Public Services Librarian
New Hanover Co. Public Library
201 Chestnut Street
Wilmington, NC 28401
(919) 341-4393

N.C. Association of School Librarians

KATHERINE R. CAGLE

R. J. Reynolds High School
Winston-Salem, NC 27106
(919) 727-2260

North Carolina Library Paraprofessional Association

JUDIE STODDARD

Onslow County Public Library
68 Doris Avenue East
Jacksonville, NC 28540

(919) 455-7350

Public Library
BOB RUSSELL
Elbert Ivey Memorial Library
420 Third Street NW
Hickory, NC 28601
(704) 322-2905

Reference/Adult Services
SUZANNE WISE
Belk Library
Appalachian State University
Boone, NC 28608
(704) 262-2189

Research Column Editor
ILENE NELSON
William R. Perkins Library

Duke University
Durham, NC 27706

(919) 684-2373

Resources and Technical Services
GENE LEONARDI
Shepard Library
North Carolina Central University
Durham, NC 27707
(919) 560-6220

Round Table for Ethnic/Minority Concerns

BELINDA DANIELS
Learning Resources Center

Guilford Technical Community College

Jamestown, NC 27282-2309
(919) 334-4822

Round Table on the Status of Women in Librarianship

ELIZABETH LANEY
CB#3360, 100 Manning Hall
University of North Carolina
Chapel Hill, NC 27599-3360
(919) 962-8361

nnn nn """

North Carolina Libraries

Spring 1991 " 51

a a a NORTH CAROLINA LIBRARY ASSOCIATION ~""""""~;73 3}XFTCS�"�*W 7

(-] New membership [-] Renewal [| Membership no.

Position

Business Address

Library

| |
| |
| |
|
| |
City or Town State Zip Code
. Phone No. Mailing Address (if different from above) :
| CHECK TYPE OF DUES CHECK SECTIONS: (one included in basic dues; each additional section $7.00) |
| (1 FULL-TIME LIBRARY SCHOOL STUDENTS L] ChildrenTs Services ] New Members |
| (one biennium only) " $15.00 L] Ref. & Adult 1 College & Univ. |
| (J RETIRED LIBRARIANS " $20.00 CL] Comm. & Jr. College _] Documents |
| [1 NON-LIBRARY PERSONNEL: (1) Paraprofessional ] Public Library |
(a) Trustees; (b) oFriends of Libraries� members; (1 Special Collections (_] Trustees
P
| (c) Non-salaried " $25.00 CL] Status of Women |
| (1 LIBRARY PERSONNEL [1 Ethnic Minority Concerns |
| LJ Earning up to $15,000 " $25.00 CL) Library Administration & Management |
§ up SIAN g
i Earning $15,001 to $25,000 " $40.00 [1 NCASL (School Librarians) |
ee Earning $25,001 to $35,000 " $50.00 (1 Resource and Technical Services |
| C1 Earning $35,001 and above " $60.00 |
| (INSTITUTIONAL (Libraries and library/education- AMOUNT ENCLOSED $ |
| related businesses) " $75.00 |
| (.] CONTRIBUTING (Individuals, associations, firms, etc. Mail to: North Carolina Library Association |
| interested in the work of NCLA) " $100.00 c/o State Library of North Carolina |
| 109 East Jones Street |
& Raleigh, NC 27601-1023 =

oe ["_" "_"

VY Wa
MARCON Database Management System

Custom Designed Information Management Systems For Archival, Library, Institutions, and Business Applications

403

72 " Spring 1991

" Customized components are being used to index photographs, manuscripts,
archival materials, architectural drawings, newspapers and other special collections.

" On site evaluations of special collections needs, on-site training, and local
North Carolina support available.

MARCON is the only user-friendly special collections database available on the
market today. You are up and running in a few hours with minimal staff training!

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or text fields.

ile Pes aoe Design for MARCON

Lee Street « Greenville, North Carolina 27858 « Telephone: (919) 756-4939

North Carolina Libraries

The Kirklands of

Ayr Mount
by Jean Bradley Anderson

Anderson chronicles the rise and fall of
William KirlandTs fortunes and his descen-
dantsT efforts to retain the family mansion,
Ayr Mount. Includes the history of their
handsome Federal style house and the his-
torically important town of Hillsborough.

approx. 230 pp., 33 illus., $29.95

Walking the

Blue Ridge

A Guide to the Trails of the
Blue Ridge Parkway

by Leonard M. Adkins

This guidebook contains detailed descrip-
tions of 122 official Blue Ridge Parkway
walking trails and 75 other trails that cross
the Parkway.

approx. 260 pp., approx. 12 illus., maps,
$10.95 paper

Discovering North Carolina
A Tar Heel Reader
Edited by Jack Claiborne and William Price

This engaging anthology features selections by or about some of the stateTs best-known sons
and daughters, from Daniel Boone to Ava Gardner. oThe most interesting book about North
Carolina ITve ever read.� "Charles Kuralt

290 pp., $24.95

The Cape Hatteras The South for

Lighthouse New Southerners
Sentinel of the Shoals Edited by Paul D. Escott and
by Dawson Carr David R. Goldfield

Dawson Carr tells the story of the Cape Introduces new Southerners to the pe-

Hatteras lighthouse, the tallest in the culiar"if not bewildering "customs,
lifestyle, and business style that they

encounter upon moving to the South.

country and one of North CarolinaTs most
famous landmarks, and speculates on its

precarious future. approx. 200 pp., $22.50 cloth, $9.95 paper

approx. 160 pp., 35 illus., $7.95 paper

The North Carolina Railroad, 1849-1871, and the

Modernization of North Carolina _
by Allen W. Trelease



Allen TreleaseTs study covers all aspects of the North
Carolina RailroadTs history, from its construction to
its role in the Civil War.

approx. 460 pp., 23 illus. $37.50
Fred W. Morrison Series in Southern Studies

available at bookstores or from

The University of North Carolina Press
Post Office Box 2288 © Chapel Hill, NC 27515-2288

Toll-free orders: 1-800-848-6224

ADDRESS CORRECTION REQUESTED

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JoaI]g sauof ysey GOL ~eUTOIeD YWON Jo Aresqry a3eI1¢

NOILVIOOSSV AUVUEIT VNITOUVO HLYON AHL JO NOLLVOITENd TVIOMIO ="_" SIRVAGI] VNIJOUVT) HON

Upcoming Issues

Summer 1991 Young Adult Services
Rebecca Taylor and Gayle Keresey, Guest Editors

Fall 1991 Library Buildings
Phil Barton and John Welch, Guest Editors

Winter 1991 Conference Issue

Spring 1992 Anniversary Issue: History of Libraries in N.C. ae
Robert Anthony, Guest Editor mun-

Summer 1992 Librarians and the Political Process 0
Nancy Bates, Guest Editor =e

Fall 1992 Telecommunications erate
Bill Stahl, Guest Editor a )

Winter 1992 Preservation of Popular Culture ~ a
Alice Cotten, Guest Editor o

Spring 1993 Ethics in Librarianship "
Marti Smith, Guest Editor a

Summer 1993 ChildrenTs Services
Satia Orange and Cal Shepard, Guest Editors

T6 2790

Fall 1993 Social Issues in Librarianship
Jane Moore, Guest Editor

Winter 1993 Conference Issue

Unsolicited articles dealing with the above themes or any issue of interest to North Carolina librarians are welcomed.
Please follow manuscript guidelines delineated elsewhere in this issue.

dIvd
AOVLSOd ~SsT
NOLLVZINVDUO LdOUd-NON

North Carolina Libraries is looking for seasonal photographs of library buildings across the state. If you
have a black and white photograph of your library that particularly portrays the building during
summer, fall, winter, or spring, please send a copy to North Carolina Libraries, Frances B. Bradburn,
Joyner Library, East Carolina University, Greenvile, NC 28585-4353.