Vol. 75, No. 4, April
2002
Book Reviews
Habeas Codfish, Reflections on Food and the Law
by Barry M. Levenson (Madison, WI: University of Wisconsin
Press, 2001). 263 pgs. $24.95. Order, (773) 568-1550.
Reviewed by Gail Miles
As the book jacket reveals, Barry Levenson is the
curator and CMO (Chief Mustard Officer) of the Mount Horeb Mustard
Museum in Mount Horeb, Wis. A former Wisconsin assistant attorney
general, he has argued dozens of cases before the Wisconsin Supreme
Court and undoubtedly is the only lawyer to have appeared before the
U.S. Supreme Court with a jar of mustard in his pocket.
Habeas Codfish, as you can tell by its title, is a humorous
book about food and the law. And who in this fine audience doesn't like
food, the law, and to laugh (though not necessarily at the same time)?
Levenson, by his own admission a "recovering" lawyer with an admitted
prejudice for mustard over ketchup (or catsup), caused this reviewer no
"intentional infliction of gastronomical distress," though she does
admit to occasional sore stomach muscles from laughing at some of the
more absurd examples the author used to pepper his prose.
But seriously, Habeas Codfish, Reflections on Food and the
Law is a thorough though basic book, even for a nonpracticing
lawyer like myself, about an interesting topic. Levenson continually
stirs his prose while folding in a number of basic legal concepts
throughout. Then he adds a large portion of legal reality to the mixture
and spices it with reflective thought and humor. Each chapter reads like
a veritable recipe for legal concept soup! Most important, it's the only
book about the law I know of that has funny cartoons!
Here are a few tidbits (and incomplete sentences) to snack on.
Chapter 1 - Assault with a Breadly Weapon, a worldwide feast of food
crimes fit for a king (and Supreme Court Justices Felix
Frankfurter and Warren Burger). Chapter 2 - Big Beef
Supreme, a history of food safety law. Chapter 3 - Nutrition Facts,
Nutrition Fiction, a review of food labeling law. Chapter 4 - Food
Fight, a discussion of the lawsuits involving advertising and pizza
(plus a free Pizza 2Die4 recipe).
Chapter 5 - Java Jurisprudence prepares a tasty meal spiced with
contract law and shaped into neat little legal patties of privity,
negligence, warranty, or promise that also provides Levenson's feast de
resistance (meaning the best we can expect ...) - at the very least, our
food should "do us no harm." Chapter 6 - Bones of Contention cooks up a
meatier discussion of the concepts in Chapter 5, but replaces foreign
objects in food (I won't go there ... you need to read this part for
yourself) with items "natural" to the dish or food still able to do
serious harm, such as a chicken bone or olive pit.
Chapter 7 - The Legacy of Mr. Peanut folds a solid mixture of the
main ingredients of intellectual property law and food into Chapter 8 -
McBully, enhancing the intellectual property recipe provided in the
previous chapter by tossing in a pinch of trade dress infringement and
trade secrets law. Chapter 9 - Ladle and Slander includes the author's
"review" on whether to swallow your pride or sue for a negative review
by a restaurant critic. Chapter 10 - From Bad Apples to Mad Cows stirs
in an additional ingredient of defamation and broadcast reports to
complete a four-course meal on intellectual property issues and their
connection to our favorite foods.
Chapter 11 - It's Not Nice to Defraud Mother Nature dishes tales
about the dairy industry, especially the great butter versus oleo
debate, and comes out of the oven a Wisconsin favorite. Chapter 12 - Not
So Strictly Kosher sends the reader on an interesting trip around the
world of kosher foods, and Chapter 13 - Cruel and Unusual Condiments, a
visit to the world of prison food. These chapters all experiment by
adding a public policy ingredient served with pungent thought.
Levenson combines a mixture of humor and adds a large measure of easy
readability and a sprig of basic law as it applies to the topic of food.
Habeas Codfish is a satisfying feast for the eyes and the mind.
Bon appetit - and don't forget the mustard!
The Criminal Lawyer's Guide to Immigration
Law
By Robert James McWhirter (Chicago, IL: ABA Criminal Justice Section,
2001). 334 pgs. $94.95. Order, (800) 285-2221.
Reviewed by Barry J. Boline
This publication is set up as a series of individual questions about
immigation law, followed by relatively brief answers. For most
questions, the answers are followed with citations to either primary
sources (mainly the United States Code) or other publications and
caselaw. Divided into three parts covering an overview of immigration
law, immigration crimes, and foreign witnesses and defendants, the book
is subdivided into smaller chapters relating to specific situations or
issues relevant to immigration law.
The book does not read well cover-to-cover, as the Q and A format
leads to a staccato rhythm. Adding to the unreadability are the 18
appendices that follow most chapters. In the appendices, McWhirter
reprints United States Code sections (some both in English and Spanish),
and memoranda from the Departments of Justice and State, and the
Administrative Office of the U.S. District Courts. Attempting to place
in one book all the primary sources needed to address basic issues of
criminal lawyers dealing with immigration law results in more than half
of the book being appendix.
On a more positive note, there is probably no issue relating to
criminal immigration law that McWhirter does not address. He describes
the deportation process, the procedures involved, and possible defenses
and alternatives. He includes a chapter (and two appendices) describing
such concepts as "letters rogatory" and "paroling-in" aliens. His
coverage of "aggravated felonies" could fill law review articles by
themselves, and his chapter on border stops is as complete as an INS
field manual.
In the introduction McWhirter writes, "We want this book to be the
first place you turn for answers." It will be, but it could have been so
much more. The book lacks any real way to reference particular questions
quickly and easily. Without an indexed list of his questions,
McWhirter's answers get lost. Still, the book serves as a good first
source to turn to when a client phones asking you if she might be
deported, but it is not an end in itself. You will need to follow up
with other, more in-depth sources before the client comes in for the
retainer meeting.
The Right to Vote: The Contested History of
Democracy in the United States
By Alexander Keyssar (Boulder, CO: Basic Books,
2000). 467 pgs. $30. Order, (800) 386-5656.
Reviewed by Karen L. Seifert
This book is foremost a history book, and will appeal to history
buffs. Considering the events that followed the November 2000 election,
and the apparent effects of voting and not voting, and counting votes,
this book should interest a wider audience. Keyssar chronicles the right
to the "franchise" in the United States. He details the ways in which
women, immigrants, Native Americans, African Americans, workers, and
paupers gained and sometimes lost the right to vote.
The book starts with the right to vote that existed following the
Revolutionary War. States had set up their own rules regarding the right
to vote, and each differed in its requirements. The right to vote was
tied to many different qualifications, including race, age, gender,
citizenship, property ownership, and being a taxpayer. The Articles of
Confederation granted the states complete control over the
franchise.
When the U.S. Constitution was drafted, it granted the right to vote
in national elections to those who were able to vote for the "most
numerous branch of the state legislature." The book documents the
changing roles of the state and federal governments in determining the
breadth of the franchise, the passage of the 14th and 15th Amendments,
and ultimately the 19th Amendment. It also documents the attempts of
different groups to limit the franchise and exclude certain groups from
voting by literacy and English language requirements, property tax
requirements, and poll taxes.
It was interesting to learn that women had the right to vote in some
states at the time of the Revolution, and then lost it before regaining
it. It also was interesting to note that at the start of the Civil War,
five states in New England granted the right to vote to African
Americans.
After reading about the efforts of our ancestors to secure the right
to nearly universal suffrage, I believe that more of us ought to
exercise the franchise, and with more care.
The Microsoft Antitrust Appeal: Judge
Jackson's "Findings of Fact" Revisited
By Alan Reynolds (Indianapolis, IN: Hudson Institute,
2001). 131 pgs. $16.95. Order, (317) 545-1000.
Reviewed by Donna M. Jones
The U.S. Department of Justice and at least 19 states'attorneys
brought landmark antitrust litigation against the Microsoft Corporation,
charging it with being a monopoly that abused its powers. U.S. District
Court Judge Jackson ruled in favor of the government. The federal Court
of Appeals agreed with Judge Jackson that Microsoft had abused its
monopoly powers. The court also reversed Jackson's rulings, in part, and
remanded the case back to the District Court for a different judge to
consider the question of remedies, among other matters. Judge Jackson
also was rebuked by the Court of Appeals for his inappropriate conduct
regarding the case. Interestingly, Microsoft has discontinued many of
the objectionable monopolistic practices.
Economist Alan Reynolds in The Microsoft Antitrust Appeal: Judge
Jackson's "Findings of Fact" Revisited critiques Judge Jackson's
findings. Throughout his book, Reynolds quotes findings, providing
analysis and strong opinions. Reynolds rejects most of the findings on a
variety of bases that are best represented by this statement at the end
of his "Conclusion:"
"To summarize, far too many of the 'facts' turn out to be nothing
more than ill-formed technological conjectures, bogus estimates, blatant
contradictions, self-interested hearsay, and unsupportable opinions.
Since the Findings of Fact form the base for the Conclusions of Law, the
antitrust complaint against Microsoft is, quite literally,
baseless."
An electrically charged environment can surround landmark litigation
like the Microsoft case when it has the potential to affect so
many consumers and businesses. In such an environment, conflicting
opinions often are voiced emphatically. Reynolds offers one economist's
critique of trial court findings, findings that were largely upheld on
appeal.
Making Rain: A Mentoring Pro's Adventure in the
Law
By Jerry Sears (Boca Raton, FL: Associates Publishing,
2001). 193 pgs. $12.95. Order, (561) 865-2155.
Reviewed by Nathaniel Cade Jr.
Making Rain is not what one expects when you first pick up
the book. From its title, it appears as if the book is a "how-to" book
on making rain, or rather, obtaining clients. This is the furthest thing
from a "how-to" book. Instead, it is a story more fitting of the fiction
section of your favorite book store, à là John Grisham or
Scott Turow.
Making Rain is about a young partner, Brad Talbert, who
works at a major law firm. Talbert is described as a talented but
introverted lawyer. He is extremely shy, and unable to get his own
clients or "make rain." Talbert lacks self-confidence and does not have
the same client charm of George Chambers, the stereotypical mean and
unethical partner that Talbert must rely upon for his entire financial
existence at the firm. Chambers constantly reminds Talbert that he can
get other people to do his work (he can't), and has Talbert at the
office during late hours doing his bidding. The relationship between
Talbert and Chambers is tenuous at best, and certainly causes strain on
Talbert's relationship with his wife.
The underlying story in Making Rain is about Chambers'
illegal and improper dealings with the transfer of certain technology
rights, which ultimately will lead to a tremendous amount of legal fees
for him as one of the firm's big rainmakers. Slowly Talbert, with the
help of his outgoing spouse, discovers the truth about Chambers and his
alleged rainmaking skills. It is no surprise (and will not ruin the
ending) to know that Talbert ultimately triumphs, develops self-esteem,
and Chambers does not remain with the firm.
The book includes a test for readers to fill out to determine their
rainmaking skills. The book's author and his company, for $85, will
process readers' responses and determine the type of rainmaker that they
are.
Making Rain is an easy read, and quickly provides evidence
for any partner, senior associate, or anyone contemplating becoming a
partner, of the perils involved in having your entire financial
existence dependent on someone else because you cannot obtain clients.
Making Rain should provide the needed swift kick in the
proverbial rear end for anyone complaining about their inability to get
clients. The book's underlying premise is easy enough to understand - do
not waste your money on the test. You will have saved $85, which is a
lot of rain to start.
Spoliation of Evidence: Sanctions and
Remedies for Destruction of Evidence in Civil Litigation
By Margaret M. Koesel, David A. Bell, Tracey L. Turnbull,
edited by Daniel F. Gourash (Chicago, IL: ABA Tort & Insurance
Practice Section, 2000). 231 pgs. $89.95. Order, (800)
285-2221.
Reviewed by Moira K. Moran
The authors' ambition for this book is that it "serves as a useful
starting point for lawyers in resolving issues." And, at this point, any
issue regarding spoliation will present plenty of issues begging
resolution. The law regarding spoliation is emerging, with the judiciary
and the legislature recognizing new causes of action and sanctions for
this tort. This set of circumstances leaves attorneys on either side of
the issue with a plethora of provocative arguments to use in obtaining
groundbreaking judgments in their jurisdictions.
For example, in Wisconsin, courts have not yet decided whether an
independent cause of action exists for independent or negligent
spoliation of evidence. However, practitioners hoping to argue that this
cause of action exists can start to formulate their argument by perusing
the book to find the states that do recognize these torts. In fact, the
authors have provided an overview of statutory and case law for civil,
criminal, and evidentiary sanctions for spoliation for each of the 50
states, the District of Columbia, and each federal appellate court. For
any argument regarding spoliation of evidence, this overview is a
compact guide.
The book also offers practice tips, based on the hindsight of prior
judgments, for companies formulating document retention policies and for
those companies and individuals anticipating litigation. The authors
hammer home the idea that spoliation occurs before the litigation begins
and after the accident. Thus, both plaintiffs and defendants have to
prepare their clients to preserve evidence or to ensure that the other
side is preserving it during the gray area between the tort and the
lawsuit. The analysis of case and statutory law and the useful practice
tips will guide any practitioner who faces a potential spoliation issue
in the course of litigation and in its anticipation.
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, klester@wisbar.org.
Publications and videos available for review
- Assessment of Earning Capacity, by Michael
Shahnasarian (Tucson, AZ: Lawyers & Judges Publishing Co., 2001).
170 pgs.
- Changing Jobs: A Handbook for Lawyers in the New
Millennium, 3rd ed., edited by Heidi McNeil Staudenmaier
(Chicago, IL: ABA Law Practice Management Section, 1999). 349 pgs.
- Civil Law Handbook: Psychiatric & Psychological Evidence
& Testimony, by John Parry & Eric Y. Drogin
(Chicago, IL: ABA Commission on Mental & Physical Disability Law,
2001). 376 pgs.
- Commercial Real Estate Transactions: From Contract to
Closing, by Gregory M. Stein, Morton P. Fisher Jr., &
Gail M. Stern (Chicago, IL: ABA Real Property, Probate & Trust Law
Section, 2001). 391 pgs, with disk.
- A Complete Guide to Premises Security Litigation, Second
Edition, by Alan Kaminsky (Chicago, IL: ABA Tort &
Insurance Practice and Real Property, Probate & Trust Law Sections,
2001). 317 pgs.
- Corporate Director's Guidebook, 3rd ed., by
Committee on Corporate Laws (Chicago, IL: ABA, 2001). 88 pgs.
- Criminal Law Handbook: Psychiatric & Psychological
Evidence & Testimony, by John Parry & Eric Y.
Drogan (Chicago, IL: ABA Commission on Mental & Physical Disability
Law, 2001). 278 pgs.
- Divorce Forms: A Handbook for Clients, edited
by Williard H.DaSilva (Chicago, IL: ABA Family Law Section, 2001). 40
pgs.
- Effective Yellow Pages Advertising for Lawyers: The Complete
Guide to Creating Winning Ads, by Kerry Randall (Chicago,
IL: ABA Law Practice Management Section, 2002). 182 pgs.
- First Among Equals: How to Manage a Professional
Group, by Patrick McKenna & David Maister (New York,
NY: The Free Press/Simon & Schuster, 2002). 288 pgs.
- In the Hands of the People: The Trial Jury's Origins,
Triumphs, Troubles, and Future in American Democracy, by
William L. Dwyer (New York, NY: Thomas Dunne Books, a Division of St.
Martin's Press, 2002). 252 pgs.
- Keeping Kids Out of the System: Creative Legal Practice as a
Community Child Protection Strategy, by Leigh Goodmark
(Chicago, IL: ABA Center on Children and the Law, 2001). 121 pgs.
- Labored Relations: Law, Politics, and the NLRB - A
Memoir, by William B. Gould IV (Cambridge, MA: Cambridge,
MA: The MIT Press, 2002). 4499 pgs.
- The Law of Telecommuting, by Nicole Belson
Goluboff (Philadelphia, PA: ALI-ABA, 2001). 243 pgs.
- Strategies for Electronic Commerce and the
Internet, by Henry C. Lucas Jr. (Cambridge, MA: The MIT
Press, 2001). 279 pgs.
- Tax Guide for Journalists, by Mark Luscombe
(Riverwoods, IL: CCH Inc., 2001). 68 pgs.
- Triumph Over Terror, by Shawn T. Shallow
(Victoria, BC, Canada: Trafford Publishing, 2001). 122 pgs.
- Wisconsin Secured Transactions Under Revised Article 9 of
the Uniform Commercial Code: Forms and Practice Manual, by
Anthony C. Marino (Broklandville, MD: Data Trace Publishing Co.,
2001).
Wisconsin
Lawyer