Vol. 76, No. 4, April
Endangered Species Act: Law, Policy, and
Edited by Donald C. Baur & Wm. Robert Irving (Chicago,
IL: ABA Environment, Energy & Resources Section, 2002). 606
pgs. $119.95. Order, (800) 285-2221.
Reviewed by Mary Elliott Rollé
Environmental law attorneys often find federal environmental
protection statutes difficult to understand, even overwhelming.
Moreover, environmental statutes increasingly affect other areas of law.
Because of the complexity and pervasive effects of certain environmental
statutes, it is important that practitioners have comprehensive manuals
available to help them grasp major issues as quickly as possible.
Endangered Species Act: Law, Policy, and Perspectives provides
just such an overview for those dealing with the Endangered Species Act
The editors rightfully coin the text "the Endangered Species Act
Deskbook." The book extensively reviews the ESA, providing different
perspectives on several important issues written by legal experts from
virtually every corner of the field. The book provides discussions of
specific sections of the law and broader points, such as critical
habitat, take prohibitions and exemptions, experimental populations, and
property rights. The book offers a historical overview of the ESA and of
the goals behind the law's creation and its continued necessity, but it
is most effective in its coverage of the current state of the law. By
reviewing the recent history of case law on the ESA's most contested
sections, the authors provide the reader with a timely understanding of
the statute's real-world impacts.
The ESA is a complex and confusing law that attorneys sometimes face
unexpectedly. I recommend this book to anyone looking to develop or
update their working knowledge of the ESA. It is well-written,
interesting, and easy to understand.
Family Foundation Handbook
By Jerry J. McCoy & Kathryn W. Miree (Baltimore, MD:
Aspen Publishers Inc., 2002). 720 pgs. $185 (plus annual supplements).
Order, (800) 234-1660.
Reviewed by Erik R. Guenther
The authors bring their considerable expertise in tax exempt
organizations and charitable gift-planning to the table in creating this
excellent resource. This book is written for a broad audience of
attorneys, financial planners, accountants, foundation administrators,
and potential donors and directors of family founda-tions, but the broad
scope does not detract from its value to lawyers in this field.
The book provides an overview of the topic in the more general
chapters and then, to aid the legal professional, includes one or more
appendices following each chapter that cover specific sections in
detail. (For example, a step-by-step guide to completing Form 1023 for
nonprofit status is appended to the chapter covering the creation of a
family foundation.) The format aids in comprehending the general topics
and makes the more detailed issues easier to navigate.
The advantages and disadvantages of the family foundation are laid
out in detail along with alternative forms of charitable planning,
including donor-advised funds and outright contributions. The chapters
cover a historical overview of private foundations; a "how-to" guide to
create and design family foundations; the use of charitable trusts to
fund family foundations; restrictions on family foundations,
grant-making and grant administration; and guidance on special tax
Clear explanations are given for problematic issues such as
self-dealing, distributions, tax reporting, and how to advise your
clients in these and other difficult areas. The book also provides
practical tools such as checklists, sample forms, and sample policies
that can be used as models when setting up a family foundation for your
The National Center for Family Philanthropy reports that there are
approximately 40,000 private foundations in the United States today.
Despite the significant decline in the formation of family foundations
after the passage of the Tax Reform Act of 1969, more foundations are
now being created each year. The Economic Growth and Tax Relief
Reconciliation Act of 2001 is unlikely to notably lessen that number, so
this handbook will continue to be useful to assist your clients in
charitable planning issues.
Attorneys in this area will benefit from the comprehensive coverage
of legal, tax, and business aspects of forming and operating a family
foundation in order to more effectively serve their clients in
charitable estate planning issues.
Hereof, Thereof, and Everywhereof
By Howard Darmstadter (Chicago, IL: ABA Business Law Section,
2002). 179 pgs. $39.95. Order, (800) 285-2221.
Reviewed by Sarah M. Hatch
Howard Darmstadter writes "Legal-Ease" for Business Law
Today, the magazine of the ABA Section of Business Law. In this
book, he expands upon topics addressed in that column.
Hereof, Thereof, and Everywhereof uses humor to challenge
attorneys to draft documents in a style readily accessible to their
audience, not themselves. Darmstadter acknowledges that some lawyers may
disagree with his suggestions (for example, not capitalizing defined
terms). Regardless, this book is worth reading because it provides a
critical look at legal drafting that surpasses the usual lament for
This book educates while it entertains. Darmstadter provides numerous
illustrations and exercises that effectively encourage better language
use. He dispenses practical advice, such as which organizational methods
increase the utility of transactional documents to businesspeople and
which typefaces and page formats are read most easily. The author
describes how to resolve problematic drafting issues, such as the
selection of boilerplate and the creation of comprehensible mathematical
formulae. In addition, Darmstadter examines the following specific
document types: securities prospectuses, amendments, promissory notes,
Whether one's drafting style is conservative or innovative, every
transactional practitioner can find something of value in Hereof,
Thereof, and Everywhereof. At only 179 pages, it is too short to
By Michael Biehl (Bridgehampton, NY: Bridge Works Publishing,
2002). 273 pgs. $24.95. Order, (631) 537-3418.
Reviewed by Dan Baskin
Michael Biehl's novel, Doctored Evidence, is an enjoyable
addition to the repertoire of lawyer-authored tales of suspense. In this
story, there are sinister forces at work behind the scenes at Shoreview
Hospital. The hospital's chief financial officer dies under mysterious
circumstances while undergoing what should be a routine medical
procedure, and the hospital lawyer, Karen Hayes, who is initially
concerned only with the hospital's malpractice defense, soon finds
herself unwillingly drawn into a much larger investigation of
corruption, fraud, and worse at Shoreview Hospital.
The author paints the picture of a world that the reader profoundly
hopes does not mirror reality, but suspects probably does on occasion.
This is a
world of unethical medical practitioners. A world of hospital
administrators overlooking criminal conduct on the part of physicians
because of the money to be made from the physicians' admitted patients.
A world of billing fraud and financial skullduggery. In short, a health
care system itself badly in need of treatment.
The author has a background in health care law and infuses the novel
with authentic detail. Readers of this entertaining novel are not likely
to look at our health care system again in quite the same way.
Rude Awakenings: Overcoming the Civility
Crisis in the Workplace
By Giovinella Gonthier (Chicago, IL: Dearborn Trade
Publishing, 2002). 229 pgs. Order, (312) 894-0525.
Reviewed by Paul J. Cherner
While many professionals in industry recognize that today's workplace
has significant problems that were not previously encountered, there
have not been many articles or books identifying these problems or
advice as to how to resolve them. With the publication of Rude
Awakenings, there is now an effective guide to assist those who
care about correcting this situation.
The groundbreaking theories set forth in this well-written book,
along with practical advice for everyday situations, are invaluable for
all professionals dealing with employment law and human resources
issues. Indeed, it would not be hyperbole to state that this book is an
invaluable resource for anyone who has employees, deals with employees,
or counsels anyone with employees.
The author, Giovinella Gonthier, has served as an ambassador in many
countries and in the United Nations, and is regarded as a foremost
expert on civility. This book makes a major contribution to the subject
of managing today's workforce.
During the past two decades, we have witnessed the explosion of
charges and lawsuits claiming unlawful sexual harassment and other
prohibited forms of harassment. We have recently begun to see the filing
of lawsuits claiming damages as a result of abusive behavior that is not
based on traditional protected categories. It is likely that Rude
Awakenings may be the seminal work on these incivility lawsuits and
have the same impact on our legal system that Catherine MacKinnon's
book, Sexual Harassment of Working Women, had when it was
published in 1979.
Aside from the potential for legal liability, this book also
addresses sound management skills needed for dealing with employees in
Multinational companies need to be aware of the growing international
trend of enacting laws that prohibit incivility in the workplace. A
compelling argument is made for the adoption of a new civil code of
conduct for the diverse workforce of today.
This book offers practical advice with respect to the myriad of
technological devices that workers must interact with on a daily basis.
There are chapters addressing the current work environment, from cubicle
behavior to videoconferencing protocol. Particularly valuable is the
concluding chapter, which details how employers can implement a civility
policy at their workplace.
I highly recommend this book for labor and employment law
practitioners, human resources professionals, and progressive, caring
To Review a Book...
The following books are available for review. Please request the book
and writing guidelines from Karlé Lester at the State Bar of
Wisconsin, P.O. Box 7158, Madison, WI 53707-7158, (608) 250-6127, org klester wisbar wisbar klester org.
Publications and videos available for review
- Attorney and Law Firm Guide to the Business of Law: Planning
and Operating for Survival and Growth, 2nd ed., by Edward
Poll (Chicago, IL: ABA General Practice, Solo & Small Firm Section,
2002). 642 pgs., with diskette of forms.
- The Election Law Primer for Corporations, Third
Ed., by Jan Witold Baran (Chicago, IL: ABA Business Law Section,
2002). 280 pgs.
- International Franchising in Industrialized Markets: North
America, the Pacific Rim, and Other Countries, edited by
Dianne H.B. Welsh & Ilan Alon (Riverwoods, IL: CCH Inc., 2002). 368
- State Public Construction Law Source Book, by
Michael K. Love & Douglas L. Patin (Riverwoods, IL: CCH Inc., 2002).