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.
Wisconsin
Lawyer
