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Vol. 74, No. 7, July 2001
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Book
Reviews
Dissent,
Injustice, and the Meanings of America
by
Steven H. Shiffrin (Princeton, NJ: Princeton Univ. Press, 2000).
204 pgs. $19.95. Order, (609) 258-1335.
Reviewed by James J. Casey
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Steven H. Shiffrin's book, Dissent, Injustice, and the Meanings of America,
is a thought-provoking read for anyone interested in the First Amendment
(FA). The book, at various points, discusses the legal, political, and socio-cultural
aspects of the FA.
Prof. Shiffrin is a proponent of a dissent-based approach to FA law.
That is, he supports the encouragement of dissent as a guiding principle.
By making the protection of dissent a high priority, he is hopeful that
there is a greater chance of solving social injustice and discrimination.
The dissent approach, properly applied, would be used in an activist manner.
He does very well at discussing various aspects of FA law, particularly
issues of flag burning, advertisement of "sin" products, commercial speech,
and racist speech. The dissent-based approach also is compared and contrasted
with other approaches/theories of FA law, such as the "marketplace of
ideas" thesis. This comparative approach is highly effective and useful
to the reader.
But be aware. The book is not an impartial discussion. Shiffrin can
safely be called a liberal and is quite willing to let the reader know
his political leanings. He spends very little time giving an impartial
discussion to anything perceived as conservative/right/Republican. In
fact, he notes that he does not like "corporations and right-wingers."
So, in reading this book, do not expect ideological fairness.
Shiffrin does, however, spend considerable time talking about the mass
media and how its reliance upon paid advertising has made it part of the
problem, for example, part of the status quo. The status quo is what proponents
of dissent seek to change in the search for social justice. I think he
rightly is concerned about the concentration of power in America and the
influence of the media in promoting the status quo.
He could have done a better job of noting that dissent has increased
significantly in the past 40 years, particularly with respect to minorities
and civil rights. And the not-in-my-backyard syndrome in local politics
is part of the greater role of dissenting portions of the populace. As
a provocative reading, you will not be disappointed.
James Casey, Dayton
1988, is director of sponsored programs at Bradley University, Peoria,
Ill.
Business
Fraud: Know It & Prevent It
By James A. Blanco (Huntington, WV: Humanomics Publishing, 2000).
230 pgs. $17.95. Order, (916) 444-8500
Reviewed by Dan Baskin
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Scoundrels, liars, cheats, con artists, and thieves often are part of our
daily fare as lawyers, be they adverse parties, witnesses, clients, and
sometimes even members of the legal profession. As James A. Blanco explains
in his book, Business Fraud: Know It & Prevent It, there are many
ways to cheat.
The book is a comprehensive survey of fraud's many forms, and a useful
addition to almost anyone's library. In particular, the chapters covering
contracts, medical records, and real estate and probate documents may
be of particular professional interest to lawyers. For example, in his
chapter on contracts, Blanco provides useful tips on defeating fraud.
One such tip is to incorporate the signatures of all parties to the contract
on each page of the contract. This practice makes it difficult for someone
to subsequently insert bogus substitution or additional pages.
The book is versatile. It may be read for a broad overview of fraud techniques,
or selectively by area of interest. The medical malpractice law practitioner
may have little interest in reading the chapter on Internet fraud, but
may be intrigued by the chapter on medical records.
Blanco does not purport to offer legal advice. The contents of documents
and the legal issues arising from fraud are beyond his expertise; his
purpose simply is to instill in the reader a heightened awareness of fraud
methods and suggestions for reducing one's vulnerability to fraud. This
is an interesting book and a good resource for any lawyer concerned with
protecting clients' interests.
Dan Baskin, U.W.
1989, resides in Belgium, Wis.
Representing
Parents in Child Welfare Cases
By Diane Boyd Rauber with Lisa A. Granik (Washington, DC: ABA,
2000). 74 pgs. $9.95. Order, (800) 285-2221.
Reviewed by Lois E. Rentmeester
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Readers with no background whatsoever in child welfare cases (Wis. Stat.
chapter 48) will find this a handy guide for answering the question: Should
I even consider taking a case in this area of law? This book provides
a broad brush stroke of relevant law for the express purpose of "help(ing)
you better understand your role as the parents' representative." However,
readers interested in pursuing this area of law should dig further into
the area, perhaps using the resources identified.
The text covers issues from the commencement of representation in child
welfare cases through termination of parental rights and appeals. The
authors incorporate a comparison of practice in this area of law with
representing clients in other areas. For example, the unique role of social
workers is described with practice tips including encouraging client cooperation
with a healthy balance of choosing battles carefully. Hopefully, potential
parents' counsel will recognize the delicacy of this balance and the need
for zealous representation of clients (regardless of the area of law).
A chart illustrates the importance of timelines in child welfare cases
under the Adoptions and Safe Families Act. More such charts would have
been helpful because most child welfare cases pass more quickly through
the courts than do other civil or criminal cases. The authors perhaps
failed to sufficiently highlight the importance of deadlines and due dates.
A more detailed review of federal and state law by attorneys practicing
or about to take a case in this area is imperative, as is a more thorough
search of state and federal statutes and regulations. Nonetheless, the
easy-to-read, informative, and cautionary text enables a reader to ascertain
in a few minutes whether further exploration of the subject is warranted.
While the authors captured the essence of the Adoptions and Safe Families
Act of 1997, other federal laws that have significant impact on appropriate
cases right from the onset of representation are relegated to a section
which follows the text. "Significant State and Federal Statutes and Regulations"
mentions important legislation such as the Uniform Child Custody and Jurisdiction
Act and the Indian Child Welfare Act, but an integration of the major
provisions of these statutes (and others) would make this booklet much
more helpful. I fear that attorneys totally unfamiliar with this area
of law may be misled by the emphasis on the Adoptions and Safe Families
Act into thinking that further knowledge of federal law is really not
mandatory. Such is not the case.
The booklet is handy as a resource, even for practitioners experienced
in this area. Endnotes offer citations for further study, and the bibliography
is useful - significant state and federal statutes and regulations are
included, and other ABA resources are listed.
Lois E. Rentmeester,
U.W. 1984,
practices family and children's law in Madison.
Trademark
Counterfeiting, Product Piracy, and the Billion Dollar Threat to
the U.S. Economy
By Paul R. Paradise (Westport, CT: Quorum Books, 1999).
288 pgs. $65. Order, (800) 225-5800.
Reviewed by Robert M. Weidenbaum
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The author, in great detail, gives good information about the threat
to the U.S. economy caused by counterfeit goods. The book focuses on several
specific areas of goods where the U.S. has been harmed and/or threatened
by knockoff goods. There are chapters dealing with everything from clothing
and CDs to automobile and airplane parts, watches, and prescription drugs.
The book occasionally lags when Paradise outlines the laws that give
tools to those who fight counterfeits. The author's view of the various
federal laws and treaties used to combat counterfeiting is uninteresting.
For most attorneys, especially those who practice in the field, such information
is pretty well-known already. Readers may not particularly care for the
detailed history of the trade dispute with China over such goods.
The other minor complaint is with the author's incessant and occasionally
confusing use of acronyms to refer to the many different anti-piracy trade
organizations or industry associations. The author uses more acronyms
than a computer programmer.
However, the book has enjoyable sections relative to the common law
and historical development of intellectual property. In the area of intellectual
property law, the dark ages weren't quite as dark as one might think.
Metalsmiths and even bakers encountered imitation problems leading to
anti-counterfeiting ordinances. For example, one early law prohibited
the sale of adulterated bread. The author also tells of lawlessness by
the U.S. in palming off sheet music to England in the 1800s. Eventually,
the English passed legislation allowing seizure of sheet music arriving
by ship.
The book really comes to life when Paradise tells the "war stories"
of those who do on-the-street seizures of counterfeit merchandise. Sprinkled
throughout the book are numerous interesting and humorous anecdotes from
private investigators, attorneys, and even U.S. government trade officials.
The author shines in his storytelling.
One of the more interesting chapters covers the risks of doing seizure
actions. There are recollections of attorneys involved in seizures who
were faced with a variety of threats. The stories are straight out of
the University of "Don't-Try-This-at-Home" Law School.
Another entertaining chapter profiles a particular private investigator
who specializes in gathering information for attorneys and corporate clients
about illegitimate products. Several stories are told about what the investigator
calls "utilizing a suitable ruse" to obtain information for an ex parte
seizure order. It should be no surprise that these are the book's most
entertaining sections. After all, it isn't the study of case law that
makes practicing law engaging. It is often the cast of unusual characters
and their stories that gives each case meaning and interest.
In sum, the basic premise as stated in the book's title is correct.
That is, counterfeiting and piracy are a billion-dollar threat. Paradise
makes a good case for the argument. Huge consumer demand, new technologies,
and a vague perception of the problem by the public, and sometimes law
enforcement officials, are the main reasons for slow solutions.
Robert M. Weidenbaum,
Marquette
1980, practices in Milwaukee, primarily in entertainment, copyright, licensing,
and trademark law.
Color
of Law
by
David Milofsky (Boulder, CO: University Press of Colorado, 2000).
Fiction. 377 pgs. $19.96. Order, (800) 627-7377.
Reviewed by Douglas A. Hedin
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Most legal thrillers nowadays are far removed from reality. Color of
Law is different. It is loosely based on the 1980s cause celebre: Bell
v. City of Milwaukee. Curiously though, the author, David Milofsky,
professor of English at Colorado State University, does not even cite this
case in his preface. No doubt because he had an actual case in the back
of his mind, his novel is not told as a tale of suspense.
It is 1959. A racist patrolman kills a black teenager in Milwaukee and
plants a knife on the body. Another cop fudges his report and helps lay
the foundation for a successful official cover-up that is directed from
the stationhouse and city hall like a film noir script. Soon thereafter
the two cops are discharged for trivial infractions. The dead boy's family
suddenly ceases protesting. Case closed. It is now 1979. The second officer's
life has been miserable - divorce, alcohol, petty jobs and petty offenses,
jail. Then, with rehabilitation and a priest's encouragement, he confronts
the killing that has tormented him for 20 years. He contacts a newspaper
reporter, who realizes he has the story of a lifetime, then the new D.A.,
who plea bargains with the killer to second degree murder.
The victim's sister reemerges and hires a jaded civil rights lawyer
who becomes reinvigorated at the challenges of this hopelessly dated case.
He initiates suit under sections 1983 and 1985 against the city (the title
of the book is derived from section 1983's requirement that the deprivation
of civil rights be done under "color of law"). The case is assigned to
a federal judge who, in one bold decision after another, guides it to
verdict.
While most of the characters are fleshed out, one regrettably is not
- the trial judge. We do not come to know him, where he has been, what
drives him. In his own sphere, he is as imaginative as the novelist who
created him. An explanation for Milofsky's reticence to give the judge
more depth and vividness may lie in the preface to his book, where he
thanks District Court Judge Henry Reynolds, who presided over the Bell
case. Being so close to an actual participant in Bell, the author may
have hesitated to give free reign to his imagination about the fictional
jurist.
Of course, no author of a "law novel" is content with simply rephrasing
the give and take of a dry transcript, and Milofsky is no different. He
sees that everyone's life is complicated by ethical dilemmas, and how
we resolve them - make "judgments" in the words of the newspaper editor
- says a great deal about our own values and how we view our obligations
to our community. How these ethical questions arise and are resolved in
the midst of what Walter Cummings, late Chief Judge of the Seventh Circuit,
called Bell, "this extraordinary case" is one of the underlying themes
of this fine novel.
This is a work of fiction, not legal history. It should be read first,
and only later should the reader turn to Judge Reynolds' order denying
summary judgment in Bell at 498 F. Supp. 1339, then to his powerful analysis
of the city's statute of limitations defense at 515 F. Supp. 1363, his
post trial order at 536 F. Supp. 462, and finally Judge Cummings' magnificent
ruling at 746 F.2d 1205, the first part of which reads like a novel. He
also gives Judge Reynolds the highest accolade an appellate court can
give a trial judge - by quoting long passages from his orders with approval.
At the end of many serious novels, we may ask, whose story was it? For
Color of Law, it is a story of a time in Milwaukee.
Douglas A. Hedin,
Univ. Pennsylvania,
L.L.B. 1967, is an attorney with Hedin & Goldberg, Minneapolis.
Licensing
Software and Technology to the U.S. Government: The Complete Guide
to Rights to Intellectual Property in Prime Contracts and Subcontracts
by Matthew S. Simchak and David A. Vogel (Riverwoods, IL: CCH
Inc., 2000). 831 pgs. $70. Order, (800) 248-3248.
Reviewed by Dennis Verhaagh
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This text covers the heady topic of contracting rights in intellectual
property (IP) with the federal government. To most lawyers, IP means patents,
trademarks, and copyrights. To the federal contractor, however, the data
rights the government may acquire to use and disseminate the contractor's
drawings, computer software, and other trade secrets may have equal, if
not more, importance in maintaining the contractor's competitive edge.
The text is meant for the corporate lawyer with government contractors
as clientele and the specialist in federal contracting or one who aspires
to be one.
The appendix, which is half the book, contains the applicable federal
acquisition regulations, both court and administrative agency case citations,
a glossary of terms, and an index.
The authors combine more than 40 years of experience in the topic and
are prolific writers on the subject. Because of competing interests and
efforts to protect the contractors and the government, the regulations
are in a constant state of flux. The authors keep the reader's interest
in the subject by weaving into the text an in-depth discussion of the
competing policies in which the government is caught in trying to get
the best deal for the taxpayer while, at the same time, ensuring the continued
viability of the contractor.
Dennis Verhaagh,
Minnesota
1972, is an environmental engineer with the Wisconsin DNR, where he reviews
operation permit applications under Title V of the federal Clean Air Act.
He practices patent law in Green Bay.
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. Reviewers
may keep the book they review. Reviews are published in the order
in which they are received. To purchase any book reviewed in this
column, contact the publisher, or ask your local bookstore to order
it for you.
Publications and videos available for review
- Damages: A Plaintiff's Attorney's Guide for Personal Injury
and Wrongful Death Cases, by David Ball (Notre Dame, IN:
National Institute for Trial Advocacy, 2001). 180 pgs.
- The Government v. Erotica: The Siege of Adam & Eve,
by Philip D. Harvey (Amherst, NY: Prometheus Books, 2001). 250
pgs.
- Informal Corporate Disclosure Under Federal Securities
Law: Press Releases, Analyst Calls and Other Communications,
by Ted Trautmann & James Hamilton (Riverwoods, IL: CCH Inc., 2001).
243 pgs.
- To Look Like America: Dismantling Barriers for Women and
Minorities in Government, by Katherine C. Naff (Boulder,
CO: Westview Press, 2001). 284 pgs.
- Medical Evidence: Acquisition and Use, by Robert
C. Strodel (Tucson, AZ: Lawyers and Judges Publishing Co., 2001).
352 pgs.
- Objection Overruled: Overcoming Obstacles in the Lawyer
Job Search, by Kathy Morris (Chicago, IL: ABA Career Resource
Center, 2000). 71 pgs.
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