Vol. 78, No. 4, April 2005

Book Reviews

• Bloodsworth: The True Story of the First Death Row Inmate Exonerated by DNA
• Gain the Edge! Negotiating to Get What You Want
• A Primer on American Labor Law, 4th Ed.
• Strategies for Secured Creditors in Workouts and Foreclosures
• To review a book

If they haven't already, Bruce Goodman and Peter Rose should call Kirk Bloodsworth and thank him. Rose was released in October 2004 from a California state prison where he served 10 years for allegedly raping a 13-year-old girl. Goodman was released in November 2004 from a prison in Utah, having served 19 years for allegedly raping and killing his 21-year-old girlfriend. Why should they thank Bloodsworth? Because neither committed the crimes of which they were convicted, and in both cases DNA testing was used to establish their innocence.

Bloodsworth by Tim Junkin is about Kirk Bloodsworth and the case that opened the door to widespread awareness of the possibilities of using DNA testing to exonerate wrongfully convicted inmates.

Bloodsworth was convicted and sentenced to death for the 1984 killing of a 9-year-old girl in Maryland, despite no physical evidence linking him to the crime and conflicting witness identifications. After it was later discovered that the prosecution withheld crucial evidence, Bloodsworth was given a new trial, in which he was found guilty but only sentenced to life.

Bloodsworth is a compelling story of the belief in oneself and in one's client, and the potential impact of emerging technologies on the law. The writing is accessible and understandable for nonattorneys. Unfortunately, too many times Junkin unnecessarily advocates Bloodsworth's side of the story. This is unfortunate because Bloodsworth's story stands on its own as a powerful condemnation of not just a dysfunctional death penalty system but of a broken justice system, the troubling power of eyewitness identification, and the suggestibility of child witnesses.

More unfortunate, though, is that today stories like Bloodsworth's are so commonplace that they garner barely a passing mention. Despite its literary shortcomings, Bloodsworth is an interesting historical read for prosecutors, defense attorneys, and anyone else who cares about the integrity of our criminal justice system.

Gain the Edge! Negotiating to Get What You Want

By Martin E. Latz (New York, NY: St. Martin's Press, 2004). 376 pgs. $25.95.

Reviewed by Richard L. Binder

If you're alive, you negotiate: every day - sometimes every hour. Many writers have appreciated this fact, and, ergo, there is no shortage of how-to books about negotiation. So what's left to say? Here comes Martin E. Latz, with Gain the Edge!Negotiating to Get What You Want. The book is structured around five golden rules of negotiation: information is power, maximize your leverage, employ fair objective criteria, design an offer - concession strategy, and control the agenda.

None of the rules is a surprise, but Latz manages to build the book around them in both entertaining and informative ways. He adeptly ascribes labels to different tactics. Most of us have confronted a "Trump" walk out, faced the "straight-face test," and seen a "flinch." We've dealt with hagglers, nibblers, and schmoozers. Who hasn't felt the burn of the "winner's curse?"

Negotiation as a topic has plenty of jargon, and Latz seems to know it all. He even creates some new jargon of his own, such as the BATNA, that is, Best Alternative to a Negotiated Agreement (something a good negotiator should know before he or she makes a deal).

Latz's overall treatment goes much deeper than labels and jargon. He does a good job of discussing the differences between substantive and tactical devices. He notes the importance of gauging your counterpart's style and strategy. He points out that you need to know what success will look like before you can achieve it. Some of his best advice comes in seemingly off-hand comments, such as noting the power of the phrase "you're wrong," and his observation that the word "okay" is the most expensive word in the English language. Most of us may intuitively know these things, but it's good to see them in print.

Lawyers are professional negotiators, so negotiation is a valid field of study for both rookie and veteran attorneys. Latz comments that negotiation experience does not automatically translate to effectiveness. How true! This book will help fill in many gaps. One final note: Latz does not overlook the role of ethics in negotiation. Legality, reputation, morality, trust, and credibility apply in all negotiations. It was good to see that in print, too.

A Primer on American Labor Law, 4th Ed.

By William B. Gould IV (Cambridge, MA: The MIT Press, 2004). 432 pgs. $30. Order, (800) 405-1619.

Reviewed by Nathan Eisenberg

Broad in scope, short in length, A Primer on American Labor Law is a remarkably perceptive overview of American labor law. William Gould, former chair of the National Labor Relations Board (NLRB), offers a concise summary of the laws affecting labor unions, employers, and employees. Although the book is not intended as a legal treatise or guide, the primer gives a thumbnail sketch of the key concepts in labor law. The book contains a thorough discussion of the history and development of the National Labor Relations Act (NLRA) and an excellent overview of practice and procedures before the NLRB. Also noteworthy is the discussion of areas of labor law outside of the NLRA, including labor arbitration and a discussion of the Landrum-Griffin Act. In addition, the book touches on other laws, such as ERISA, OSHA, and employment discrimination law, which impact labor-management relations.

The primer also contains an interesting discussion of the NLRB and its problems. Considering his past involvement with them, Gould maintains a healthy dose of skepticism about the scope of the NLRA and the NLRB itself. Sprinkled throughout the book are poignant and insightful discussions of the legal and practical limitations of both the NLRA and the NLRB. For example, Gould uses a discussion of the Labor Reform Bill of 1978 as a forum for discussing some of the problems and politics inhibiting meaningful labor reform. Coming from a former NLRB member, this discussion is especially intriguing due to Gould's candor about the political and practical problems facing the NLRB.

Due to its brevity, however, the book skips many components necessary for the legal practitioner. The primary flaw is that some key cases are discussed only in passing, with minimal case information in the text itself. Practicing lawyers may be frustrated because much of the crucial case information is buried in footnotes, and some key concepts are not identified by name. At times the book loses focus, attempting to combine related but distinct legal concepts. For example, in the chapter on the duty of fair representation, the author discusses union elections and trusteeships - two distinct legal concepts. In another chapter, employment discrimination law is awkwardly grouped with pension and occupational safety laws under the rubric of "public interest" law.

In conclusion, A Primer on American Labor Law provides a comprehensive view of American labor law. While the book may be too general for practicing labor attorneys, it still provides an excellent introduction to labor law for nonlawyers and general practitioners.

Strategies for Secured Creditors in Workouts and Foreclosures

By Patrick E. Mears, William T. Burgess, Daniel F. Gosch, Michael C. Hammer, Edgar C. Howbert, and James A. Plemmons (Philadelphia, PA: ALI-ABA, 2004). 316 pgs. CD of forms. $99. Order, (800) 253-6397.

Reviewed by Roy L. Prange Jr.

Workouts of troubled loans have gained in popularity as borrowers and lenders conclude that a workout is a better alternative to foreclosure, replevin, or a bankruptcy/state court insolvency proceeding. This book provides a detailed description of workout strategies, including sample forms of workout agreements. The text continues with descriptions of the foreclosure process for personal property and real estate, including check lists and additional forms.

Attorneys who handle workouts and foreclosures only occasionally should find this book particularly useful as it contains a very comprehensive treatment of the subject. A CD-ROM containing all of the forms in the book is included.

Of interest to attorneys who practice in this area on a more frequent basis are chapters on "Syndicated Credit Workouts" and "Auto Supplier Insolvencies." The "Syndicated Credit Workouts" chapter includes strategies for dealing with members of the lender syndicate, which is sometimes as much a challenge as dealing with the borrower. The "Auto Supplier Insolvencies" chapter is presumably included because, not coincidentally, the authors are from Michigan. The description of auto supplier workouts and accompanying forms can be adapted to other workout situations in which a financially troubled borrower/parts supplier is joined at the hip to a manufacturer.

I recommend this book for its comprehensive treatment of workouts and foreclosure strategies and its accompanying forms.

Wisconsin Lawyer