Vol. 71, No. 12,
December 1998
Book Reviews
This Month's Featured Selections
Closed Chambers
By Edward Lazarus
(New York, NY: Times Books - Random House, 1998).
576 pgs. Retail: $27.50.
Reviewed by Ralph J. Sczygelski
Edward Lazarus, a former clerk to U.S. Supreme Court Justice Harry Blackmun
in the 1988-89 Supreme Court Session, has written a critical review of the
workings of the Renquist Supreme Court. Closed Chambers purports
to be the "First eyewitness account of the epic struggles inside the
Supreme Court." A more apt description might be, "A self-proclaimed
liberal clerk's view of the fall of Warren precedent." Lazarus pulls
no punches in his criticisms of Chief Justice Renquist and justices O'Connor,
Kennedy, and Scalia. He also, in a less forceful attempt to be objective,
criticizes the more liberal justices, but these appear as so much editorial
evenhandedness.
Closed Chambers focuses on three main areas of Supreme Court jurisprudence:
the death penalty, abortion, and civil rights (specifically affirmative
action). In limiting himself to these extremely divisive issues, Lazarus
may exaggerate the fighting among the Court's nine chambers. Still, his
thesis that the Court is "an institution broken into unyielding factions,"
is a sound criticism supported by extensive examples throughout the book.
When I picked up Closed Chambers, I was hoping it would be as
enchanting a work as The Brethren, the 1978 book written by Woodward
and Armstrong. The Brethren, although far less scholarly than Closed
Chambers, is a much better read. It also has the virtue of being shorter,
more succinct, and far more accessible than the lengthy Law Review that
is Closed Chambers. One notices the difference almost immediately
when the first of more than 100 footnotes and 500 endnotes appears. Although
marketed to the general public, Lazarus has written a scholarly book on
the esoteric issues within the Renquist Court.
Lazarus clerked for the Court for only a single term in the late 1980s, yet he provides
a great amount of history on the book's three focus areas. He also appears
to have an insider's view approximately from 1980 until 1993.
While I learned a great amount of history in reading Closed Chambers,
the author's admitted liberal bent grew more irritating as the chapters
plodded forward. A reader with conservative tendencies, or even one who
seeks political objectivity, would be tempted to set the book aside. What
is worse, the author's attempt at fairness is transparent.
One begins to wonder for whom Lazarus is writing. For nonlawyers, the
detailed analysis of the Court's jurisprudence may be irrelevant and burdensome.
To most practicing lawyers, the infighting of the U.S. Supreme Court is
a distant battle which many of us also might consider irrelevant. And at
500-plus pages, the education gained from reading this book might not be
worth the hours it takes to read. However, the book itself is a monumental
description of what our Supreme Court has been doing for the last 15 or
so years. For those who really want to know what is going on inside the
Supreme Court, the book may be a necessity.
Ralph J. Sczygelski, U.W. 1991, is a shareholder
at Savage, Gregorski, Webster, Stangel, Bendix & Bruce S.C., Manitowoc.
He practices in civil, criminal, and family litigation.
A CPA's Guide to Making the Most of the New IRAs
By Robert S. Keebler, CPA, MST
(Jersey City, NJ: American Institute of Certified Public Accountants, 1998).
Paperback, audio tape, and diskette. Retail: $55.
Reviewed by Stephanie Rapkin
In 1997 Congress gave taxpayers one of the greatest boons to creating
financial wealth. That gift is the Roth IRA. Robert Keebler examines the
traditional IRA, the Roth IRA, and what to do with them both in a new softcover
book published by the American Institution of Certified Public Accountants.
The book examines the use of IRAs by employing hardline documentary evidence:
namely numbers and charts. The book is written by an accountant for accountants,
but lawyers can benefit too. If lawyers need to understand the numbers to
better effectuate their advice to a client (or themselves) this book does
an excellent job. It provides many examples of various scenarios with clear
and concise language and examples.
The book begins with an overview of what is a Roth IRA and moves onto
converting a traditional IRA into a Roth IRA and the benefits thereof. Numerical
charts are used effectively to emphasize the points being made.
Also discussed, which is of interest to everyone, professional advisor
or not, is the concept of portfolio management for IRAs and Roth IRAs. This
is not to say Mr. Keebler is selecting particular assets with which to fund
the IRAs, but rather what the effect of differing types of assets is on
an IRA. This concept is just as important as determining how and when to
establish an IRA or Roth IRA and is rarely discussed in the literature about
IRAs.
Chapter XII is of particular interest to lawyers. It examines the use of the IRA
or Roth IRA within the context of the estate plan. Useful information is
given about the effects of the IRA on the tax consequences and planning
opportunities. This chapter, like the others, abounds with useful illustrations
and examples.
From a technical perspective, the book includes the law in the appendix
and sufficient footnotes throughout to document the sources of the law and
support the written conclusions. This is a simple-to-read and understandable
manual for those looking for background information on the importance and
use of IRAs and Roth IRAs.
This reviewer understands that a revised edition will discuss the technical
changes introduced by the IRS Reform Act of 1998. However, the 1998 law
changes are generally insignificant in relationship to the substantive material
covered in this edition.
Stephanie G. Rapkin practices in estate planning
and probate. She is the author of Planning for Large Estates, published
by Matthew Bender.
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