Book Reviews
This Month's Featured Selections
Governing Partners: State-Local
Relations in the United States
Edited by Russell L. Hanson
(Boulder, CO: Westview Press, 1998).
Paper. 352 pgs.
Reviewed by Dennis Boyer
The web of interconnections between various units of government is an
impenetrable thicket for many citizens. Which unit is ultimately
responsible for services, planning, and public safety? Prof. Russell L.
Hanson (Political Science Department, Indiana University) uses his
editorial direction here to suggest they all are responsible, albeit in
a constantly evolving synergistic way.
It is a timely work for those of us in Wisconsin, plagued as we are
with growing alienation between the state and its local governments,
local chafing at mandates, and sticker shock at the cost of our
education and criminal justice systems. A recent Wisconsin Public Radio
call-in show featured a real-life anecdote from a Wisconsin legislative
leader who told a tale of a mother with three public servant sons.
The mother's question to her politico boys was how to get someone to
fix the pothole in the street out front. City Alderman Son allowed as
how the city would love to fix the pothole if only the stingy state
would provide sufficient funds in the form of local road aids and
municipal shared revenues. Legislator Son said that such a move was
impossible, given that the public treasury had already been emptied to
honor commitments made to School Board member Son's school district.
School Board member Son protested that even state largesse failed to
fully fund the state-imposed educational requirements. Mother threw up
her hands and pronounced a plague on all their houses.
Unfortunately, this drama is played out daily in Wisconsin, be it in
relation to land use planning, special education, recycling, or juvenile
offender programs. Study committees, commissions of public officials,
and blue ribbon panels of experts have all failed to get their
collective hands around it.
So what might Hanson and his scholars offer in the way of helpful
advice on untying the Badger governmental knot? Perhaps that is too
large a demand on what is essentially a concise introduction to
state-local relations, with its nine essays concentrating on structural
arrangements, policy issues, and trends. But there is enough food for
thought here to prompt the wish that our legislators would put down
their partisan screeds and instead spend time with this little
volume.
The contributors to this collection help us understand the history
behind the 80,000 plus subnational governments in the United States and
how they were often the product of extralegal pioneer arrangements that
preceded formally chartered jurisdictions. Of note are Beverly Cigler's
"Emerging Trends in State-Local Relations," Jeffrey Stonecash's "The
Politics of State-Local Fiscal Relations," and Timothy Tilton's "Untidy
Business: Disaggregating State-Local Relations." Tilton's case studies
are particularly grounded in Wisconsin-style fragmented government and
gain weight from his dual perspective as both local government official
and public administration academic in Indiana. He aptly calls such local
government proliferation a "ramshackle collection of medieval fiefdoms"
dependent solely on voluntary cooperation in order to produce public
goods and services.
Wisconsinites can only hope that Cigler's predictions are on the
money: fewer general purpose local governments, flexible structures and
financing, and, ultimately, regionalization of services. Our road down
this path will undoubtedly be bumpy and politically painful. But
Hanson's compilation suggests that it is unavoidable.
The book is part of the Transforming American Politics series from
Westview Press.
Dennis Boyer, West Virginia 1978, is
government relations counsel for the American Federation of State,
County, and Municipal Employees and is a writer of regional folklore,
including a work in progress on concepts of justice within local
legends.
A Guide to the Multiethnic Placement Act of
1994 as Amended by the Interethnic Adoption Provisions of 1996
By Joan Heifetz Hollinger
(Chicago, IL: ABA Center on Children and the Law, 1998).
45 pgs. $9.95. To order, (800) 285-2221.
Reviewed by Donna M. Jones
This is a practical guide to new law regarding a very sensitive
issue: What role does race or ethnicity have when placing children in
foster or adoptive homes? As Hollinger explains, when Congress found
that considerations of race and ethnicity caused significant delays in
child placements, it passed the Multiethnic Placement Act of 1994, as
amended by the Interethnic Adoption Provisions of 1996 (MEPA-IEP).
MEPA-IEP promotes "the best interests of children by (1) decreasing the
length of time that children wait to be adopted; (2) preventing
discrimination in the placement of children on the basis of race, color,
or national origin; and (3) facilitating the identification and
recruitment of foster and adoptive families that can meet children's
needs."
By expressly prohibiting discrimination (under Title VI of the Civil
Rights Act), MEPA-IEP represents a 180-degree change in child placement
practices. MEPA-IEP improvements also include emphasizing permanent
placement of children early; requiring consideration of children's adult
relatives as placement preferences; and, enforcing MEPA-IEP violations
through administrative action or private litigation. Before MEPA-IEP, it
was standard practice to match children and families by race or
ethnicity. Transracial placements were greatly discouraged, and efforts
to recruit minority parents faltered.
This guide provides substantial analysis of and answers common
questions about MEPA-IEP. It also offers agencies and workers checklists
for implementation. The appendices primarily include the MEPA-IEP
statute, and federal policy guidance and informational memoranda.
Hollinger accurately concludes that successful implementation requires
using good social work practices when pursuing the best interests of the
individual children and the goals of MEPA-IEP.
The "Conclusion" is brief and seems incomplete because one of the
three main MEPA-IEP goals is omitted without explanation. The other two
are included as "overriding goals." In the statute and the guide's
"Introduction" all three goals are listed with equal importance.
Omitting this goal regarding recruitment of parents seems odd, given
unsuccessful past efforts to recruit minority parents, and the MEPA-IEP
requirement that states develop plans for "diligent recruitment" of
potential placement families that reflect racial and ethnic diversity of
the children.
Overall, Hollinger provides a useful guide and notes that because
some still favor racial and ethnic matching, the subject remains
controversial.
Donna M. Jones, U.W. 1978, is a
consultant who currently resides in Atlanta, Ga. She has served on the
State Bar Board of Governors and as director of the U.W.-Madison office
of Affirmative Action and Compliance (renamed "Equity and Diversity
Resource Center").
The Second Legal Answer Book for
Nonprofit Organizations
By Bruce R. Hopkins
(New York, NY: Wiley Publishers, 1999).
Paper. 320 pgs. $79.95.
Reviewed by Linda C. Smith
"What are the tax law standards used in determining the
reasonableness of compensation? What is the commerciality doctrine? How
much information must be provided to the IRS?" This is just a sampling
of the 429 questions presented and answered in this The Second Legal
Answer Book for Nonprofit Organizations, by Bruce R. Hopkins.
Although some topics are answered in a simple, easily understood manner,
others are of a more technical format that someone without legal or
accounting knowledge may find confusing. In fairness to the author, this
is the nature of nonprofits and the regulations surrounding their
operation. (I have not read the predecessor to this work, The Legal
Answer Book for Nonprofit Organizations, and cannot comment as to
whether questions contained in that work complement those in this second
book.)
The initial List of Questions, organized by chapter, is a simple way
to determine which sections cover the specific topic of interest. The
index refers to the pertinent question, not the page. Ample endnotes
contain additional information for each answer.
For those starting a nonprofit organization, assistance in completing
the application is provided in plain English, and guides the novice
through the application process. Chapters that cover business entities,
annual reporting requirements, and recordkeeping provide efinitions and
explanations that help bridge the knowledge gap between a nonprofit
member and the accountant and attorney.
At the other extreme, questions and answers that try to guide the
reader through the IRS determinations are more technical and may be
confusing for those not already familiar with the IRS jargon. Included
are boxes containing the author's notes, comments, tips, and cautions.
Some of these are the author's personal observations, while others are
inserts of recent developments, IRS tendencies, and legislative actions.
The author provides detailed hypotheticals to help decipher the more
difficult concepts and the gray areas of IRS determinations. Contained
within this book are questions on social welfare organizations, social
clubs, political organizations, and private foundations; how
organizations interact and what activities the nonprofit should
avoid.
Overall, the answers are concise and understandable. If one is
already experienced with the nonprofit and the Treasury and IRS
regulations, this work will not be of significant benefit. However, for
the member of the nonprofit who wishes to understand the requirements
and allowable interactions of the nonprofit, or the professional who has
limited exposure to the nonprofit but needs general information, this
book may answer many of your questions.
Linda C. Smith, Franklin Pierce
1998, practices in real estate, estate planning, business, and family
law with Ward, Bilski & Schaumberg S.C., Osseo.
Web Security Sourcebook: A Complete
Guide to Web Security Threats and Solutions
By Aviel D. Rubin, Daniel Geer, and Marcus J. Ranum
(New York, NY: Wiley Computer Publishing, 1997).
Paper. 416 pgs. $23.99.
Reviewed by Bruce P. Bower
This book is titled a "sourcebook" and that it is. The work gives
detailed treatment to various security aspects of the Web.
The volume begins with a brief history of the Internet, and gives an
overview of security threats. The book is not specific to law offices,
but the threats discussed - to integrity of information,
confidentiality, denial of service, and authentication - will concern
many different users of the Web. The authors discuss the consequences of
these threats, and countermeasures.
For the more general audience, the work treats browser security, and
Common Gateway Interface (CGI) issues. Those who use intranets will find
the authors' treatment of firewalls informative.
The Internet is becoming more important for transactions and for
electronic commerce. This book discusses transaction security, Internet
Protocol Security, secure payment protocols, search engine security, and
risk apportionment. Thus, those who engage in electronic commerce (and
their lawyers) will find this work relevant. An appendix provides
additional information on aspects of cryptography - such as encryption,
decryption, and digital signatures.
The authors provide a lengthy set of further references. Numerous
additional books and organizations are listed. Throughout the work, and
again at the end, many related Web sites are identified and their URLs
(Uniform Resource Locators) provided. The book is also replete with
references to individuals who have been involved in Web security issues.
For those who need to locate expertise on Web security, this work can
provide leads.
The authors used a varied, effective layout. Charts, tips, and
warnings are interspersed among the text discussion. A lengthy index is
provided.
Webmasters and computer savants will find this volume accessible.
Newbies will want to be armed with a good computer dictionary.
Bruce P. Bower, Notre Dame 1975,
serves as a public member on the State of Texas Electronic Benefits
Transfer Task Force.
What Can You Do with a Law Degree? A
Lawyer's Guide to Career Alternatives Inside, Outside & Around the
Law
By Deborah Arron
(Seattle, WA: Niche Press, 1999).
Paper. 400 pgs. $29.95.
Reviewed by Theresa L. Schulz
Deborah Arron has created another timely, easy-to-read, comprehensive
guide in What Can You Do With A Law Degree? A Lawyer's Guide to
Career Alternatives Inside, Outside & Around the Law, 4th
edition. This book is not just for the unemployed or unsuccessful
lawyer, it's also for new law school graduates, retired attorneys,
attorneys returning from parental leave, and those who may be burned
out, disenchanted, or bored by their jobs.
This book takes you step-by-step through a process designed to help
you identify and secure your ideal job, which may not be your current
job. Even if you're not looking for a job change, this book provides the
tools for analyzing your current position against your strengths and
desires. The book provides a series of self-assessment exercises to help
pinpoint your skills, interests, and values. With that information, the
book shows how to research the job possibilities, conduct the job hunt,
and land the ideal job.
This book is refreshingly upbeat and encouraging. Arron does not
further the attitude that if you don't land the high-paying associate
position at a large law firm, something is wrong with you. Instead,
Arron shows that if you're not as successful or satisfied in your
current job as other lawyers may be, it just shows they're in the right
place and you're not. You will be successful and satisfied when you find
the right position for you.
Though optimistic, this book is not unrealistic. In fact, it
addresses hard issues like why we may be resistant to change and how to
overcome barriers when changing the status quo. The book also considers
when is the right time for a change, how to prepare for that time, and
how to make the adjustment.
Theresa L. Schulz, Minnesota 1993,
practices employment law in Wisconsin and Minnesota from her office in
Lake Elmo, Minn.
Red River Prosecutor: True Cases of
Oklahoma Crime
By Kenneth J. Bacon
(Lakeville, MN: Galde Press, 1998).
Hard. 320 pgs. $19.95.
To order, (800) 777-3454.
Reviewed by Lorinne J. Cunningham
Love County, Okla., is on the southern boundary of the state,
separated from Texas by the Red River. During the 1960s, Love County was
joined to its southern neighbor by a single bridge spanning the
slow-moving river, and the road to Texas was lined with a mile-long
parade of beer joints and saloons called "The Strip" that attracted the
outlaws and rowdies from both states.
In Red River Prosecutor, Ken Bacon recounts his adventures
as Love County's prosecutor during that period. The book is largely a
collection of anecdotes, written in an accessible, entertaining
vernacular for the nonlawyer, and peopled with an array of outrageous
characters, good and bad alike, moving through episodes of arson,
murder, robbery, and worse.
Bacon's adventures will strike other prosecuting attorneys much as
the adventures of TV's "Quincy" strike pathologists: much too hands-on
to ring true. Bacon avers he was present at the crime scene or
apprehension of virtually every criminal who appears in the book, an
oddity he explains briefly in the Introduction as his attempt to
preserve evidence from careless or inexperienced law enforcement
officers.
Bacon seldom strays into explaining some point of law or describing
some legal battle - a pity because some of his shining moments as an
author come from using his accessible style to explain concepts
difficult for the lay reader. In one instance, he likens a courtroom
argument with opposing counsel to a fistfight, moving back and forth
between metaphor and the events as they occurred to vibrantly explain
civil procedure to the nonprofessional.
From the lawyer's perspective, Bacon's choice of emphasis limits the
book's interest for members of the bar. More importantly, as careful
readers with highly developed analytical and interpretive skills,
lawyers may question Bacon's role in the events described. Often, his
"eyewitness" accounts are clearly tagged as hearsay or historical; in
others his role must be gleaned from the context. The discerning reader
may find blatant errors as well, such as when the author, present at an
autopsy, explains "[t]he stiffness of a dead person's body will leave
after a certain length of time and it won't stiffen up again until
later." Even a novice investigator will tell you the opposite is true:
The order of events is that a limp corpse will stiffen with rigor
mortis, and in time will go flaccid again.
If the raw material for Bacon's book is entertaining, he does a less
than effective job of tying the whole together. Bacon's stated purpose,
in addition to memorializing his experiences for his descendants, is to
influence his readers' opinions concerning the criminal justice system,
specifically, by encouraging participation in the jury system and, more
subtly, by intimating why police "toughness" is necessary. This purpose,
however, is largely lost as the author's message is awkwardly placed
throughout the book, and the events described often lead to the opposite
conclusion. In any case, Red River Prosecutor is a likable
read, and need make no apologies for its value as amusement.
Lorinne J. Cunningham, Chicago-Kent
1996, is an associate at Kohner, Mann & Kailas S.C., Milwaukee, a
firm focusing in commercial law and creditor's rights. She previously
was a technician at a private forensic lab in northern
Illinois.
Wisconsin
Lawyer
