Vol. 75, No. 8, August
2002
Book Reviews
First Among Equals: How to Manage a Professional Group
By Patrick McKenna & David Maister (New York, NY: The
Free Press/Simon & Schuster, 2002). 288 pgs. $26.
Reviewed by Julia A. Belt
First Among Equals is a guide for professionals who are
practice group or team leaders in a firm, and who need to call on new
skills after spending years concentrating only on their own
performances. This book provides useful advice on managing a group or
negotiating with firms to define leadership roles.
Professionals may be skeptical of the usefulness of group activities,
and they need to be shown the benefits. Senior firm members may hinder
success by refusing to recognize that a leader's uncompensated or
nonbillable time is good for the firm. If a firm wants successful
practice groups, say the authors, the firm's senior members and group
leaders should explicitly agree on how many uncompensated hours the
group leader will need. This precludes the surprise end-of-year negative
review after the billable time has gone down.
The authors believe that good group leaders become trusted advisers
who motivate and challenge group members. One-on-one interactions are
crucial, and the authors provide advice on how to make those work, as
well as how to avoid the group meetings in which "minutes are taken, but
hours are wasted."
What does the group leader add to a firm? Successful leaders increase
productivity, retain promising staff, and increase income. They also
plan for the future, integrate new hires, and motivate and challenge
group members.
The authors are experienced management consultants who offer a wealth
of useful suggestions on how to be an effective group leader. They also
have a Web site dedicated to the book and have included their email
addresses and telephone numbers for those who may need them.
Stack and Sway: The New Science of Jury
Consulting
By Neil J. Kressel & Dorit F. Kressel (Boulder, CO:
Westview Press, 2002). 302 pgs. $27.50. Order, (303)
444-3541.
Reviewed by C. Michael Hausman
Jury consultants in the last several decades have become "of counsel"
status to many attorneys and law firms in the quest to either level the
litigants' playing field or help attorneys to pick or "stack" jurors by
helping them ascertain whether the jurors would render the "right"
verdict in the case. Stack and Sway details the history and
development of the techniques jury consultants use in assisting lawyers
in selecting jurors.
The topics covered are voluminous. However, whether the authors are
dealing with hidden influences or sophisticated research methods to
figure out the best strategies for swaying a jury panel or are analyzing
in detail the underpinnings of several famous recent jury decisions, the
authors endeavor to document and reference numerous studies and
publications to provide an in-depth analysis of each aspect they
cover.
The authors believe that attorneys who retain selection consultants
should be required to divulge this engagement to the opposite party to
allow it a better opportunity to decide whether to hire its own expert.
This requirement would cause the other party to direct greater attention
to the jury selection process to offset any "edge" the other side might
have obtained. However, the authors note that this recommendation does
not address the concern of parties who cannot afford to hire a jury
consultant.
In the chapter devoted to "Saving the Jury," the authors probe the
judicial system's failure to engage jurors more actively, thus fostering
apathy and poor decision making among jurors. Suggestions including
increasing jury pay, lessening time-wasting, and permitting note taking
are explored. Overall, the book offers some interesting insight on how
this area of jury involvement could be improved.
Stack and Sway, in a scholarly way, approaches many of the
issues of concern: racial injustice in jury selection, economic
considerations in using jury consultants, scientific reliability of
modern social science, psychology, market research, and so on. This book
is most helpful to trial lawyers who want more information about jury
consulting techniques.
This book is an excellent source of detailed research documentation
on jury consulting techniques and approaches.
Trends in Land Use Law from A to Z
Edited by Patricia E. Salkin (Chicago, IL: ABA State and
Local Government Law Section, 2001). 504 pgs. $110. Order, (800)
285-2221.
Reviewed by Neal A. Nielsen III
This is a compilation of 14 essays by various legal scholars and
practitioners, edited by Patricia E. Salkin, a law professor, associate
dean, and director of the Government Law Center at Albany Law
School.
As the title implies, these essays cover a range of topics that
provide a fairly comprehensive look at the current state of American
zoning and land use planning law. The level of scholarship and the
currency of the material are impressive. Indeed, the lead article
concerning the Palazzolo regulatory takings case was written
after the U.S. Supreme Court had heard oral argument in the case, and
the book went to press before the Court issued its opinion.
Topics include regulatory takings and exactions, comprehensive
planning and "Smart Growth," the federal influence on land use planning
through the EPA's total maximum daily load regulations under the Clean
Water Act, the emerging environmental justice (EJ) movement and how EJ
concerns now affect federal and state regulatory agencies as a result of
a Clinton administration executive order, sign regulation and free
speech, zoning of adult uses and religious land uses, and the siting of
cellular towers. The appendix contains a helpful drafting checklist and
several sample agreements.
Trends in Land Use Law from A to Z was prepared under the
auspices of the ABA Section on State and Local Government and is
published by ABA Publishing. Salkin and several contributors share
section and American Planning Association affiliation. A planner's bias
in favor of regulatory schemes and holding the public interest paramount
over private property rights sometimes shows through. The author of the
Palazzolo article, for example, failed to even consider that
the Supreme Court might find a viable regulatory takings claim when the
regulation predated the claimant's ownership. The author of the Smart
Growth chapter praises the regulatory scheme in Oregon without
acknowledging that many Oregonians consider this a failed experiment in
social engineering. Nevertheless, the quality of the work renders it
valuable.
This book will be appreciated by anyone who practices zoning and
planning law and will be most valuable to those who represent the public
sector.
Unlocking the Clubhouse: Women in
Computing
By Jane Margolis & Allan Fisher (Cambridge, MA: The MIT
Press, 2002). 172 pgs. $24.95. Order, (800) 356-0343.
Reviewed by Sarah M. Hatch
This book examines why female students are underrepresented in
university programs teaching computer science, which studies computer
programs or "code." Unlocking the Clubhouse is the result of an
interdisciplinary study in which the authors tracked more than 100 men
and women at the Carnegie Mellon School of Computer Science (SCS) from
1995 to 1999. SCS is one of the nation's top three computer science
programs.
The impetus behind the study is that society needs female programmers
to ensure that women contribute to the evolution of technology. The
authors ask: Do factors in childhood determine whether computer science
will attract women? What do women interested in this area experience
during elementary and secondary education and in college? How do women
fit into the "hacker" and "geek" cultures that predominate the field?
What are the attributes of women who excel in computer science classes?
What changes can be made to attract and retain women?
The research produced thought-provoking results. In seemingly
innocuous ways, experiences in childhood and beyond often encourage more
boys than girls to cultivate an interest in computers. Although drawn to
the field, many women studied report feeling like outsiders in computer
classes, in part because they often reject the prevalent male-dominated
cultures. Women also approach computer science with different
life-balance objectives, by pursuing diverse interests, while men tend
to "dream in code." The study showed the attraction to programming often
differs between the genders, with women focusing on larger societal
goals, like furthering medical research, and men focusing on code for
the art of coding itself. As both foci pertain to inherent aspects of
computer science, the effect is that men and women are reading
metaphorically from different pages of the same book. The diversity of
code thereby produced enriches society, but the authors found that these
differences cause many women to feel alienated.
In response to this data, Margolis and Fisher conducted workshops for
high school teachers on attracting women to the field and promoting
computer science as a career. They also developed similar strategies for
colleges. However, the authors note that women's attitudes and
socioeconomic status are undeniable factors. Women leaving SCS tend to
view intelligence and talent as innate abilities or the result of a
"computer gene," while those remaining, including women consistently at
the top of their class, often view these things as the result of
perseverance. Women in the study who could afford to reject the
pecuniary rewards of programming often changed majors.
Carnegie Mellon implemented the authors' suggestions. Acknowledging
the divergent attractions of men and women to the field, SCS now
introduces students to contextual applications of computer science early
in their academic careers. In combination with revised admissions
policies, the number of women enrolled at SCS increased from 7 percent
in 1995 to 42 percent in 2000, twice the increase in enrollment of
comparable institutions. Women are now almost as likely as men to
complete the program.
The authors regret that the composition of the SCS student body did
not allow a comprehensive study of race and ethnicity. An interesting
and worthwhile second project would be to develop a means to ensure that
all men and women of color have a voice in the development of
technology.
Margolis and Fisher deliver an insightful and revealing glimpse into
what it takes to survive as a computer science student and to ensure
that women participate in technology other than only in the role of
computer user.
Wisconsin Secured Transactions Under Revised
Article 9 of the Uniform Commercial Code. Forms and Practice
Manual.
By Anthony C. Marino (Brooklandville, MD: Data Trace
Publishing Co., 2001). $197.91. Order, (800) 342-0454.
Reviewed by J.P. Fernandes
As Wisconsin (and the rest of the country) shifts from the original
laws of secured transactions written by Prof. Llewellyn to the new and
improved Article 9 of the Uniform Commercial Code, most practitioners at
some point will have to deal with these changes. Rather than attending
yet another seminar on the differences between "Old-9" and "New-9" or
investing hours reading a treatise that really does not tell you how to
actually do anything, consulting this manual with forms, by Anthony C.
Marino, is a viable option.
The manual is organized with the practitioner in mind and the book's
easy-to-use format is one of its greatest attributes. The manual's text
is composed of 14 chapters, 13 of substantive content and one of forms -
which also are provided on disk. The book begins with an explanation of
the transition period from the Old-9 to the New-9 and highlights
important dates, deadlines, the consequences of improper filings, and so
on. The remaining 12 sections generally follow the new Article 9's
structure, examining the new definitions through the revised Code's
enforcement and remedies provisions. Throughout the manual, new terms
are highlighted in bold text so the reader can easily spot them, and
"Practice Pointer" text boxes routinely appear, offering brief tips for
the working lawyer.
The forms chapter provides a hard copy of the 72 model documents that
also are on the accompanying disk. The forms range from basic notice and
filing letters to lengthy security agreements and all are easily
accessible with today's word processing programs. Furthermore, the
manual's excellent forms index makes finding the right document
painless.
The manual's only real downside is that the manual and particularly,
the forms are written from the secured lender's perspective and are not
very favorable to the debtor. In a perfect world, the forms might be
written with both sides in mind so practitioners representing commercial
borrowers would have more to work with. However, the manual's author
candidly discloses this perspective up front.
The manual comprehensively covers routine secured transactions under
the new Article 9. What makes this work so helpful is that Wisconsin
practitioners can efficiently extract what they need without giving up
any real substantive information.
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.
Publications and videos available for review
- All They'll Need to Know: A Comprehensive Account of My
Financial Records and Personal Requests, by Joyce Pierce
(Houston, TX: Emerson Publications, 2002). 32 pgs.
- Doctored Evidence (novel), by Atty. Michael
Biehl (Bridgehampton, NY: Bridge Works Publishing Co., 2002). 273
pgs.
- Falls and Related Injuries, by Alvin S. Hyde,
Gary M. Bakken, Jon R. Abele, H. Harvey Cohen, Cindy A. LaRue (Tucson,
AZ: Lawyers & Judges Publishing Co. Inc., 2002). With disk, 532
pgs.
- Litigants Without Lawyers: Courts and Lawyers Meeting the
Challenges of Self-Representation, by Patricia A. Garcia
(Chicago, IL: ABA Coalition for Justice., 2002). 32 pgs.
- Making Partner: A Guide for Law Firm Associates, second
edition, by John R. Sapp (Chicago, IL: ABA Law Practice
Management Section, 2002). 81 pgs.
- Rest Assured: The Sabbatical Solution for Lawyers,
by Lori Simon Gordon (Chicago, IL: ABA Career Resource Center,
2002). 140 pgs.
- Who Knows What's Right Anymore?, by Earle F.
Zeigler (Victoria, B.C., Canada: Trafford Publishing., 2002). 274
pgs.
Wisconsin
Lawyer