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    Wisconsin Lawyer
    October 01, 1999

    Wisconsin Lawyer October 1999: Book Reviews

    Book Reviews


    This Month's Featured Selections


    Governing PartnersGoverning 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").

    Nonprofits 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 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.

    Law Degree 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 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


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