State Bar of Wisconsin

Vol. 75, No. 5, May 2002

Book Reviews

• Identity Theft: What You Need to Know
• The Betrayal of America: How the Supreme Court Undermined the Constitution and Chose our President
• The Digital Practice of Law, 5th Edition
• Nursing Home Litigation: Pretrial Practice and Trials

• To review a book

Identity Theft: What You Need to Know

By Katalina M. Bianco (Chicago, IL: CCH Inc., 2001). 66 pgs. $15, consumer version; $25, financial profession version. Order, (800) 248-3248.

Reviewed by Susan M. McCabe

Identity theft - the fraudulent or deceptive use of another's personal data for economic gain - is one of the fastest growing crimes in the United States. The Federal Bureau of Investigation estimates that annually more than 500,000 consumers become victims of identity theft. In her recent book, Katalina Bianco examines the crime of identity theft, provides consumers and businesses with practical advice as to how to reduce the likelihood of being victimized by this crime, and details what steps should be followed if identity theft occurs.

Bianco begins by reciting startling statistics on the prevalence of identity theft in the U.S. According to the Federal Trade Commission, the most common form of identity theft is credit card fraud - followed by utilities/telephone and depository account fraud. The most likely victim of identity theft lives in a major metropolitan area and is between the ages of 31 and 39. Sixty percent of the victims are able to identify a suspect, and of this group more than 21 percent have a personal relationship with the suspect. While 35 percent of the victims become aware of the identity theft within one month of the crime, 14 months elapse before the average theft is discovered.

Identity theft occurs when a thief co-opts the victim's name, Social Security number, credit card number, financial account number, or some other piece of personal information, and then uses that information for his or her economic gain. Bianco summarizes the methods typically used by thieves to wrongfully acquire personal information, and details federal and state legislative initiatives that have been adopted to combat the often financially devastating consequences of identity theft to consumers, businesses, and financial institutions. This summary includes an overview of the role of various agencies such as the Federal Trade Commission, the U.S. Department of Justice, the U.S. Secret Service, and various federal bank regulatory agencies in identifying, investigating, and prosecuting identity theft.

The most informative and useful material in this book, however, is Bianco's in-depth discussion of a variety of strategies that consumers and businesses can use to reduce the likelihood of being victimized by identity theft. She lists the various programs and government agencies designed to educate consumers and businesses about this crime, and includes the address, telephone number, and Web address for many agencies. In addition, the book provides step-by-step advice for those who find themselves victims of identity theft - including who to contact and sample dispute letters.

This book is a valuable introduction to the problem of identity theft. Bianco's approach is practical, and the material is presented in a clear, concise, and easily understood manner - perhaps best characterized as a "how-to" guide. Although clients will find this book to be instructive and easy to use, the book also will help lawyers provide better advice and assistance to clients confronting the growing crime of identity theft.

As the title of his book asserts, Bugliosi attacks five U.S. Supreme Court justices for their decision of Dec. 12, 2000. The book contains Bugliosi's magazine article, "None Dare Call It Treason," that was first published approximately two months after the Dec. 12 decision. The book also contains 20 "amplifications" to the magazine article, as well as a summary of the Bush v. Gore legal proceedings.

Bugliosi is a former Los Angeles County deputy district attorney. He successfully prosecuted 105 out of 106 felony trials, including 21 murder trials. He has written Helter Skelter and Outrage: The Five Reasons Why O.J. Simpson Got Away with Murder, among other books.

In this book, he accuses Justices Rehnquist, Scalia, Thomas, Kennedy, and O'Connor of committing treason due to their per curiam decision of Dec. 12, 2000. Although Bugliosi admits that the conduct of the five justices may not fit within the strict language of treason as defined by the U.S. Constitution, he argues that the five justices, as American citizens, did "grave and unjustifiable damage to this nation, which the justices surely did by stealing the office of the presidency for the candidate of their choice." He alleges that by ordering the stopping of counting of the "undervotes" in Florida, the five justices transformed the votes of 50 million Americans into nothing.

Bugliosi attacks the five justices for their use of the Equal Protection Clause to support their decision. He explains that the Court, at least since 1945, and until Dec. 12, 2000, "consistently held that the Equal Protection Clause can only be successfully invoked if the discrimination was intentional." He shows that Rehnquist, writing for the majority in a 1996 decision involving the Equal Protection Clause, determined that a discriminating "effect" was not sufficient; a discriminating "purpose" was required. Bugliosi concludes that because no one in any of Florida's 67 counties could possibly have been thinking about discriminating against residents of other counties, and even assuming that all voters in Florida were not treated equally, due to the various standards among the Florida counties, the alleged discrimination was unintentional and innocent.

The latter part of the book provides a good, succinct review of the legal proceedings in Florida. Bugliosi shows how the Florida Supreme Court logically applied the Florida Statutes to the controversy. He shows that although there was an outcry that the Florida Supreme Court in its Dec. 8, 2000, 4-3 decision was making new law, the court really was only applying Florida law pursuant to the "contest" stage of the election.

Regardless of one's political affiliations, one will become more enlightened about the power of the five judges after reading this book. The passion of Bugliosi's writing is undeniable.

Many attorneys, particularly managing partners, and law office managers are dealing with the complexities of new technology in the office. The questions are many, and the answers even more numerous. Michael R. Arkfeld's attempt to create a comprehensive reference for the digital practice of law is now in its fifth edition.

Arkfeld deals with all the necessary issues: hardware and software, networking, and the Internet, and devotes multiple chapters to the application of these tools. The book opens with a chapter on the reasons for automating. After a full read-through of the book, a handful of weaknesses are apparent. First, for whom exactly is this book written? Sometimes it seems the book is for the average office user, at other times for the manager. If it is written for the end user, then it is useless to most, as very few end users have the authority to implement the technologies in the book. If it is written for the firm technology decision-makers, why not say so?

Second, the book is comprehensive as advertised, but those who know little about computers and related technologies won't know where to begin. Computer novices will not understand the book because they do not have the base knowledge or experience. The fault might be that it is impossible to create an up-to-date, comprehensive book on applying digital technology to the practice of law for computer novices.

Ultimately, the book fails to answer the questions that will most trouble technology decision makers: Which of these new items might be useful to my associates and me? Does the new technology actually help me serve my clients? Is it cost effective? These are questions so independent and original that only an expert evaluation of each individual situation will reveal what types of technology may be needed.

This may be a good book for a library to keep as a reference, and it might be useful to those who already know a fair bit about technology, but most individual lawyers and firms will find it better to simply spend the money on a consultant or a permanent IT professional to choose and implement the necessary technology.

Nursing Home Litigation: Pretrial Practice and Trials

Edited by Ruben J. Krisztal (Tucson, AZ: Lawyers & Judges Publishing Co. Inc., 2001) 320 pgs. $99. Order, (800) 209-7109.

Reviewed by Jesús G.Q. Garza

This book is the companion volume to Nursing Home Litigation: Investigation and Case Preparation and is the second in a planned series of three on this topic. The editor and contributing author of this book, Ruben Krisztal, is an attorney with more than 16 years of experience in litigating nursing home cases. Equally telling, however, is the range and depth of experience of the other 16 contributing authors - not all of whom are lawyers. It is this collection of experience that gives this book its strength. Written for the practicing attorney, this book taps into the vast pool of know-how from nationally known coauthors who are well-versed and well-tested in the finer points of litigating a nursing home case.

The book is arranged logically and sequentially, beginning with the demand letter and going all the way to a discussion on settlement strategies. This aspect gives the relatively new nursing home litigator a practical step-by-step process to follow. The book also has enough substance to assist seasoned trial attorneys. Certain chapters provide a nice refresher on basic litigation techniques and address specifics on dealing with the elderly. Some chapters have stand-alone "tips" segments that provide important information that even veteran attorneys can easily overlook. One such tip in the chapter on handling older witnesses gives a list of "Do's and don'ts of communicating with a hearing impaired older witness." These tips are helpful, if not for their direct usefulness, then for the way they can help the reader better understand the complexities of dealing with nursing home cases. Unfortunately, not all chapters have these tips, but this is only a minor deficiency.

Other chapters provide significant and substantive treatment to issues of which all nursing home litigators should take notice. For example, 50 pages are devoted to the chapter on preparing and using demonstrative evidence. This book is an excellent reference for attorneys currently involved in litigating nursing home cases. It is a "must-have" for attorneys new to nursing home litigation or litigation involving other adult assisted living facilities.

Wisconsin Lawyer