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    Wisconsin Lawyer
    June 01, 2005

    Book Reviews

    Jason Hanson; James Brennan; Susan McCabe; Donna Jones

    Wisconsin Lawyer
    Vol. 78, No. 6, June 2005

    Book Reviews

    The Evidence Camera

    By Deanne C. Siemer and Frank D. Rothschild (Notre Dame, IN: National Institute for Trial Advocacy, 2004). 166 pgs. $24.95. Order, (800) 225-6482.

    Reviewed by Jason J. Hanson

    Whether you are intimately familiar with the evidence camera, use it sometimes, have seen one but never use it, or don't have a clue what an evidence camera is, this is a book to read. An evidence camera, otherwise known as an Elmo or a Doar, allows a person to project photographs, documents, and other items of evidence to a display. This book handles everything from how to press the power button on the device to very particular advice on the legal bases for using the device to project certain types of exhibits. There is something in the book for everyone.

    The Evidence Camera is a very easy read and serves as an introductory guide, a shopping guide, an instruction manual, and a trial advocacy text, all in one. The book covers virtually every facet of the use of the device. The book's small size and its plastic spiral binding mean that it doesn't occupy much space and could even be included in an evidence camera carrying case. The book is not an exciting read, but it wasn't meant to be a cliffhanger. It is precise, concise, and practical in its explanations, and it does the job without a great deal of fanfare. There are plenty of good resources about the subject on the market, but for the trial attorney, the $24.95 list price is money well spent.

    Jason J. Hanson, U.W. 1998, is a Dane County assistant district attorney, currently prosecuting drug offenders. He previously served as deputy DA and as an administrative law judge with the Division of Hearings and Appeals.

    Methods of Practice, 4th Edition

    By Jay E. Grenig and Nathan A. Fishbach (Eagan, MN: Thomson-West, 2004). Vols. 1, 1A, 2, 2A (Wisconsin Practice Series). 2,350 pgs. $459. Order, (800) 344-5009.

    Reviewed by James M. Brennan

    When I was a newly admitted lawyer in 1976, an earlier edition of Methods of Practice was usually close at hand for general intake sessions at the Legal Aid Society of Milwaukee. It was an essential resource for fielding basic questions, accepting new cases, and appropriately referring others but, most important, for taking the first steps in solving a problem. Now Nathan Fishbach and Jay Grenig, with the Milwaukee Bar Association and 51 practitioners, have updated and expanded a wide range of practice topics in the 4th edition of Methods of Practice, extending the utility of this convenient first reference for solo or small firm general practice or the larger full service law firm.

    In four hardbound volumes with annual updates, Methods of Practice offers Wisconsin-specific information on topics in dozens of practice areas. Each topical section, all of which are authored by well known practitioners, begins with a concise statement of the substantive law; offers tips, strategies, and tactics for problem solving; adds form language for document preparation; updates cases and statutes; includes C.J.S. and West key number references; and often refers to the remaining five volumes of West's Wisconsin Practice Series, Civil Procedure 3d, and Civil Procedure Forms. Topics receiving major updating include litigation, real estate, condominium law, and probate. Sections concerning small businesses, particularly partnerships, corporations, limited liability companies, and cooperatives, have been rewritten. The role of the guardian ad litem in family, probate, and guardianship proceedings receives special attention in view of supreme court rules now mandating lawyer training to qualify for appointment in each type of proceeding.

    For a lawyer whose practice has included work in about half of the practice areas covered, I find Methods 4th an excellent second opinion in familiar areas and a good first contact with a new area of practice. Methods is part of West's Wisconsin Practice Series but is also integrated into the West family of hardbound and computer-assisted products, much of which I have not used. Methods still provides valuable insights, tips, and practical solutions to recurring problems and client needs, offered by lawyers who are widely respected. Nathan Fishbach and Jay Grenig, and more than 50 contributing lawyers, have again extended the useful life of what started as a desk book more than 55 years ago and has become a standard ready reference for the general practitioner and full service law firm alike.

    James M. Brennan, Marquette 1976, is chief staff attorney for the Legal Aid Society of Milwaukee Inc. and a member of the State Bar Board of Governors.

    HR How-to: Wage-Hour (2d ed.)

    By Ronald Miller and Lisa Milam-Perez (Riverwoods, IL: CCH Inc., 2004). 194 pgs. $39. Order, (800) 228-3248.

    Reviewed by Susan M. McCabe

    HR How-to: Wage-Hour (2d ed.) provides readers with an easily accessible resource when navigating issues surrounding federal wage-hour regulation. Designed specifically for human resource professionals and any person relatively new to this body of law, the second edition includes 2004 changes to the Federal Labor Standards Act (FSLA) - the primary federal legislation that sets standards and regulates hourly wages, overtime pay, and equal pay in the United States.

    This edition continues the authors' practice of providing concise, accurate, and understandable explanations of the core concepts, legal standards, regulations, and terminology that human resource professionals must know to remain compliant with the requirements of federal wage-hour law. Covered topics include everything from how to cover hours worked to how to classify employees under the new exemption rules. Of particular value is the authors' focus on strategies and tips to assist human resource professionals to maximize the benefits of recent changes to wage-hour law. This edition also includes expanded coverage, intended to minimize the employer's exposure to liability, on such critical topics as enforcement issues, including an extremely useful wage-hour audit tool.

    In addition to being well-written, the book is well-edited. The accessible layout and organization of information includes numerous examples, checklists, best practices, worst case scenarios, and even quizzes that test the reader's mastery of the topic and provide an opportunity to apply the information presented in each chapter.

    This is a useful, accessible, and up-to-the-minute guide to navigating the sometimes complex currents of wage-hour law and is a reference that will benefit anyone who has to deal with real-life wage-hour issues.

    Susan Mae McCabe, U.W. 1986, is the paralegal program coordinator at Kellogg Community College in Battle Creek, Mich.

    Slaves to Fashion: Poverty and Abuse in the New Sweatshops

    By Robert J.S. Ross (Ann Arbor, MI: Univ. of Michigan Press, 2004). 336 pgs. $19.95. Order, www.press.umich.edu.

    Reviewed by Donna M. Jones

    What are you wearing right now? Business attire? Sweats? Most clothing sold in the United States is produced in Mexico and China, often under sweatshop conditions. Slaves to Fashion: Poverty and Abuse in the New Sweatshops reveals this and more about the industry that makes our clothing. Sociology professor Robert J.S. Ross is an "activist academic" whose ancestry feeds his passion. Several of his relatives worked in the garment industry. Significant history and sociology are provided throughout his examination of sweatshops, which covers economics, politics, law, labor standards and relations, ethnicity, media, and domestic and international relations.

    Ross emphasizes that when there is increased regulation, enforcement, and reformers, there is less abuse and poverty. Abuse of the type that produced the 1911 Triangle Fire in New York's Greenwich Village, which killed 146 sweatshop workers. Improvements like those that followed passage of the National Labor Relations Act (creating fair labor standards) under President Franklin D. Roosevelt. Increased union activity also helps. Remember, it took years to get the average workday down to eight hours, a standard ignored by sweatshops that offer longer hours, lower wages, and no overtime pay. This kind of abuse declined after Kathy Lee Gifford's clothing line was exposed as being produced under sweatshop conditions. Apologetic, she joined then Secretary of Labor Robert Reich in pursuing improvements. Gifford's faux pas and celebrity helped to put sweatshops on the contemporary map.

    Worldwide, abuse and poverty continue. In China, some sweatshops are notoriously behind in paying employees. Reformers are pursuing social clauses and enforcement within provisions of NAFTA and the World Trade Organization. In the United States, some campus student protesters have successfully negotiated for "sweatshop-free" licensed logo clothing. Industry-wide, labels identifying "sweatshop-free" clothing are being considered.

    Donna M. Jones, U.W. 1978, is a member of the Nonresident Lawyers' Division Board and is a past member of the State Bar Board of Governors. She resides in Austell, Ga.

    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

    • Annotated Model Code of Judicial Conduct, Art Garwin, editor (Chicago, IL: ABA Center for Professional Responsibility Judicial Division, 2004). 507 pgs.
    • Anatomy of a Law Firm Merger: How to Make or Break the Deal, Third Edition, by Hildebrandt International, (Chicago, IL: ABA Law Practice Management Section, 2004). 208 pgs., CD-ROM.
    • Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Sheila M. Williams and George M. Basharis (Riverwoods, IL: CCH Inc., 2005). 400 pgs.
    • Compensation Plans for Law Firms, Fourth Edition, edited by James D. Cotterman (Chicago, IL: ABA Law Practice Management Section, 2004). 192 pgs.
    • Discovery Problems and Their Solutions, by Paul W. Grimm, Charles S. Fax & Paul Mark Sandler (Chicago, IL: ABA Litigation Section, 2005). 467 pgs.
    • Flexible Trusts and Estates for Uncertain Times, Second Edition, by Jerold I. Horn (Philadelphia, PA: ALI-ABA, 2005). 812 pgs., CD-ROM.
    • Legal Assistant's Practical Guide to Professional Responsibility, second edition, author/editors Arthur H. Garwin and Kathleen Hamer (Chicago, IL: ABA Center for Professional Responsibility, 2004). 202 pgs.
    • The Lawyer's Guide to Adobe Acrobat, 2d ed., by David L. Masters (Chicago, IL: ABA Law Practice Management Section, 2005). 192 pgs.
    • Mastering Voir Dire and Jury Selection: Gain an Edge in Questioning and Selecting Your Jury, second edition, by Jeffrey T. Frederick (Chicago, IL: ABA General Practice Solo and Small Firm Section, 2005). 305 pgs. CD-ROM.

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