Book Reviews

• Dissent, Injustice, and the Meanings of America
• Business Fraud: Know It & Prevent It
• Representing Parents in Child Welfare Cases
• Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy
• Color of Law
• Licensing Software and Technology to the U.S. Government: The Complete Guide to Rights to Intellectual Property in Prime Contracts and Subcontracts

• To review a book

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.

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.

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.

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.

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.

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.

Wisconsin Lawyer