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Vol. 71, No. 2, February
1998
Book Reviews
 Every Writer's Guide to Copyright and Publishing Law, 2d ed.
By Ellen M. Kozak (New York, NY: Owl Books/Henry Holt & Co., 1997).
$9.95. Paper. 142 pgs.
Reviewed by Ramon A. Klitzke
Attorney Ellen Kozak offers a fine, handy guide to general principles
of the U.S. copyright law as it relates to literary works. While not unduly
lengthy, Every Writer's Guide to Copyright and Publishing Law touches
upon every important aspect of copyright law of interest to authors and
lawyers who need a convenient source of information.
When I reviewed the first edition of this guide (see 63 Wis. Law.
26 (Sept. 1990)), international electronic communications, as we know them
today, were in their infancy. Now the Internet brings the world of cyberspace
into our homes and offices. By 1999, 200 million people will use the Internet.
Surfers can download copyrighted works from massive libraries of newspapers,
periodicals and books. Justice Stevens said in Reno v. American Civil
Liberties Union, the Web is "a vast platform from which to address
and hear from a worldwide audience of millions of readers, viewers, researchers
and buyers." 117 S. Ct. 2329, 2335 (1997). Clearly, authors and lawyers
must understand copyright law protection.
This mega-outpouring of electronic copyrighted works prompted Kozak to
add a new chapter, "The Global Village and the Information Superhighway,"
to her second edition. Because most countries are signatory to the Berne
Convention, have ratified GATT, or have bilateral treaties with the U.S.,
we are bound to respect rights of foreign copyright holders and they should
respect our rights. However, many foreign copyright laws differ markedly
from ours. Moreover, some countries pay only lip service to copyright protection,
and enforcement against foreign piracy of U.S. works is nonexistent. It
must be emphasized that Every Writer's Guide is primarily devoted
to U.S. law. Only one chapter covers international copyright.
The book will lead writers, publishers and lawyers through complicated
mazes of exploitation, infringement, notice, registration and copyright
restoration, to mention only a few. A new chapter on author collaboration
agreements has been added. Every important aspect of copyright and publishing
law is covered. An excellent index allows the reader ready access to specific
topics.
Kozak draws upon her extensive practical experience in advising and negotiating
contracts for authors. She herself has published two novels, 250 articles
and an important book, From Pen to Print: The Secrets of Getting Published
Successfully. The Guide quite effectively supplements that book.
Ramon A. Klitzke, Indiana 1957, N.Y.U. 1958, is professor
emeritus at Marquette University Law School, where he taught for 27 years.
His subjects were intellectual property, antitrust law, unfair trade practices
and administrative law.
Chippewa Treaty Rights: The Reserved Rights of Wisconsin's
Chippewa Indians in Historical Perspective
By Ronald N. Satz (Madison, WI: The University of Wisconsin Press,
1997). $17.95. 272 pgs. To order, call (800) 829-9559.
Reviewed by Laura C. Smythe
Ronald Satz wrote this book to "present an overview of the history
of Chippewa-United States relations leading to the treaties of 1837, 1842,
and 1854 and to examine the consequences of those agreements for Chippewa
and for non-Indian residents of Wisconsin and for the state of Wisconsin."
This book is not a primer on Indian law, but Satz did not intend it as
such. The author believes that to understand Indian law one must understand
Indian history. His book provides an excellent resource on the impact Indian
history has on contemporary Indian law. He examines three treaties, analyzing
the text of the documents, the words of the negotiators at the treaty conferences,
the social and political factors that led the United States government to
seek treaties with the Chippewa, and the treaties' ramifications for the
Chippewa, the white settlers and the U.S. government.
Satz argues that Indians' rights must be viewed within the context of
the treaties they entered into with the United States government and which
are the "supreme law of the land." In an extensive appendix, Satz
provides the text of the 1837, 1842 and 1854 treaties. These texts are valuable
resources and clearly describe the treaty framer's point of view. Satz provides
a more complete picture of the treaty negotiations by looking at both the
Chippewa's and the government's points of view.
The treaties our government formed with many Indian tribes are no less
legally binding than treaties our government has signed with other governments.
The fact that representatives of our government drafted these treaties,
and documented a "cession" of land from the Indians to the federal
government, demonstrates that the federal government believed it was dealing
with another government. Although Satz clearly believes that the treaties
have not been universally respected, he provides a balanced analysis elucidating
the mistakes and motivations of both sides.
This book is very well researched and well documented. It is an excellent
resource for anyone interested in Wisconsin history, Indian law, Indian
history, and environmental or constitutional law.
Laura C. Smythe, U.W. 1997, Appleton, is seeking to
combine her interests in international law, Indian law and bioethics.
IRS Audit Protection and Survival Guide for Attorneys
By Daniel J. Baran, Gerald F. Bernard and James E. Brown (Somerset,
NJ: John Wiley & Sons Inc., 1997). Hardcover. $45. 364 pgs. To order,
call (800) 879-4539.
Reviewed by Henry Veit
Some time ago the Internal Revenue Service realized that it must train
its auditors as to the legal and accounting issues that arise when auditing
specific industries. The market segment specialization program (MSSP) was
a result of this decision. Audit technique guides were developed for specific
businesses. Brand, Bernard and Brown, experienced tax practitioners, have
taken the MSSP for attorneys and expanded it into a book entitled IRS
Audit Protection and Survival Guide for Attorneys. Their preface to
the book warns: "Your legal practice survival depends on total preparation
for the impending Internal Revenue Service attack." The book's purpose
is to provide advice to attorneys to create a "bullet proof" tax
return (that is, accepted by the IRS without change).
The authors have separated the book into four distinct sections: their
editorial section; Appendix A, including selected IRS forms and publications;
Appendix B, the complete IRS MSSP guide for attorneys; and Appendix C, providing
portions of selected IRS pronouncements and portions of the Internal Revenue
Code.
Citations for further study are kept to a minimum and are set forth at
the end of each of the seven chapters.
The first question is whether one should acquire the MSSP guide from
the IRS or acquire the book. I think one's position is improved by acquiring
the book as the authors have made a distinct contribution by alerting attorney
taxpayers and their advisors as to prime audit issues. The authors do a
service when highlighting important items in heavy black print denominated
"warning," "planning tip" and "notes."
Second, who should own this book? Certainly the attorney's accountant
should be aware of the issues that the IRS will raise in audit. The small
law office or sole practitioner should acquire this book for the same reason.
The authors discuss in an easy-to-understand style taxable income, allowable
deductions and audit procedure. Detailed discussions of when an attorney
can deduct costs advanced, travel and entertainment expenses, and library
expenses are very helpful. The overly long discussion of the employee/independent
contractor issue seems unwarranted.
After reading this book, attorneys should be well prepared to understand
the audit procedure and the substantive issues that will arise when their
returns are selected for audit.
Henry Veit, U.W. 1961, practices with Lerner &
Veit P.C., San Francisco, Calif.
 Practicing Law Without Clients
By David A. Robinson (Chicago, IL: ABA Law Practice Management Section,
1996). 98 pgs. Soft-cover. $59.95. To order, call (800) 285-2221.
Reviewed by Beth Koepcke
Practicing Law Without Clients. My first reaction: "Great.
I'll put that one on my shelf, right next to Eating Without Food."
Shortly into this 98-page publication, I'm not so smug. This guy might be
on to something.
For the thousands of lawyers finding themselves weary of difficult clients,
clashes with adversaries and the suffocating pressures of private practice,
for those who enjoy the intellectual aspects of law but not the actual practice,
attorney David A. Robinson has a suggestion: Become a freelance (a.k.a.
"wholesale") lawyer and do legal research, writing and consulting
for other attorneys. The concept is not entirely new. Busy "retail"
attorneys, pressed for time, contract with wholesale lawyers to do their
research and draft their documents. The wholesale lawyer, in essence, functions
as a freelance associate. Robinson insists that a significant need for wholesale
legal services exists, and that lawyers can make a good living doing nothing
but piecework for other attorneys.
Robinson has traveled the road from "retail" to "wholesale"
practice and this book is very much the story of his own personal journey.
Indeed, within the first chapter we are cheering his ingenuity. His misery
as a solo "retail" practitioner led to a string of odd jobs and
ultimately to the creation of his now-thriving wholesale practice. In Robinson's
view, bar associations should acknowledge the value of "wholesale"
law by establishing sections and referral services devoted exclusively to
this type of practice.
Robinson offers a step-by-step manual for establishing the wholesale
practice. He outlines the services a wholesale lawyer typically provides,
and describes the personal and professional lifestyle a wholesaler can expect.
Chapters are devoted to ethical considerations, setting and collecting fees
and marketing one's wholesale practice. He discusses practical issues such
as office space, equipment and staffing; the feasibility of maintaining
both retail and wholesale practices simultaneously; the need to "specialize"
(and how to do it); and the need for malpractice insurance and docket control
systems. Appendices offer the complete text of ABA Formal Opinion 88-356
("Temporary Lawyers"), and sample engagement and fee agreement
letters for use between the retail and wholesale attorney.
Robinson presents the benefits and drawbacks of wholesale practice from
an experienced, yet objective perspective. If you are searching for an alternative
to the traditional "retail" paradigm, this book invites you to
consider wholesale practice and provides an excellent starting point for
your deliberation.
Beth Koepcke, Pace 1986, recently moved to Madison
from Albany, N.Y., where she concentrated in education law and appellate
practice.
The Tenth Justice (fiction)
By Brad Meltzer (New York, NY: Rob Weisbach Books/William Morrow,
1997). 389 pgs. Hardcover. $23. To order, call (212) 261-6565.
Reviewed by Richard Berkley
Ideally, well-written and edifying fiction or nonfiction legal thrillers
should contain one or more of the following elements: a tightly woven plot;
an inside view of one or more legal institutions; a close examination of
an unusual area of law or precedent; a stirring courtroom confrontation;
important constitutional or moral issues in the balance; and lively, intelligent
and engaging prose to weld the elements together. These elements work together
splendidly in Louis Nizer's My Life in Court, Jonathan Harr's A
Civil Action, Anthony Lewis's Gideon's Trumpet, Richard Kluger's
Simple Justice, or any of the Rumpole books by John Mortimer, to
name a few quick examples of well-written legal fiction and nonfiction.
Consequently, it is disappointing when one reads a book that does not incorporate
any of these elements.
Brad Meltzer begins his first novel, The Tenth Justice, with a
potentially rewarding premise; his protagonist is a U.S. Supreme Court clerk
who has negligently violated the confidentiality required of his position.
The law clerk, Ben Addison, whom Meltzer describes as "representing
the best of the legal profession," must then make a simple choice.
He could take the moral high road by confessing his mistake and sacrificing
his position, or act selfishly and cover up or fix the damage his ethical
failure created. I will not give away the plot, but will note that, like
a TV sitcom, the story would be over at the beginning if the character acted
morally or intelligently.
Meltzer's principal protagonist is a lowly insider in the Supreme Court's
hierarchy. Consequently, Meltzer could have provided a fascinating view
of how Supreme Court clerks work with their justices to interpret and explain
the law of the land. Indeed, his title's provocative thesis - Supreme Court
clerks function as a "Tenth Justice" - cues the reader to expect
the kind of insider revelations featured in Bob Woodward's The Brethren
or Max Lerner's Nine Scorpions in a Bottle: Great Cases of the Supreme
Court. Instead, Meltzer offers some trite observations on how the new
clerk is at the pinnacle of his profession and is now one of the most powerful
men in America. Apart from these "insights," Meltzer offers little
to his reader apart from a poorly executed plot about a plan to corrupt
the brash young clerk or trick him into revealing how the Court will decide
its upcoming business cases.
In more accomplished hands this story might have been informative or
interesting. Instead, this reader found himself keeping a mental tally of
the opportunities that Meltzer missed as he sped his narrative toward its
improbable yet archetypal ending.
Richard Berkley, U.W. 1997, also has an M.A. in Public
History from New York University.
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