Book Reviews
This Month's Featured Selections
Divorce for Dummies
By John Ventura and Mary Reed
(Indianapolis, IN: IDG Books Worldwide, 1998).
354 pgs. $15.99.
Reviewed by Andrew S. Gollin
This book's title is not misleading. Divorce for Dummies
will be of little value to practitioners, particularly those who focus
on family law matters, but attorneys should read and recommend it to
clients or potential clients who are thinking about ending their
marriage. This excellent resource covers the various stages of a
divorce, from recognizing when a marriage is in trouble to separation to
arranging visitation times to calculating child support to handling life
following the divorce.
The first section provides preliminary steps readers should take to
protect themselves emotionally, legally, physically (protective orders
and crisis shelters), and financially. The authors then move on to
inform readers how to put the divorce in motion, including the extremely
difficult subject of how to tell the children. The next section deals
with the more troubling aspects of divorce, including dividing up
property, alimony, custody, and child support. The book also includes a
section on what readers should look for when hiring a divorce attorney
and when an attorney may not be necessary. The final section is an
assortment of lists, including Web sites and phone numbers that readers
can use for assistance, on how to deal with the common problems that
occur after a divorce.
Attorneys should recommend that their clients or potential clients
read this excellent resource before commencing a divorce action. The
authors have included answers to almost every question a potential
divorce client could have, and its index and short chapters make it easy
for readers to find answers to their specific questions.
Andrew S. Gollin, Marquette 1998, is
the law clerk for Presiding Judge Charles P. Dykman, Wisconsin Court of
Appeals.
Law Law Law on the Internet:
The Best Legal Web Sites and More
By Erik J. Heels and Richard P. Klau
(Chicago: ABA Press, 1998).
290 pgs. $31.96.
Reviewed by Richard Berkley
Erik Heels is best known for creating the "Legal List," an online
compendium of legal resources on the Internet, which he "published" in
seven editions between 1992 and 1997. This book is a lineal descendant
of Erik's earlier online works, but unlike the "Legal List," he
published Law Law Law on the Internet as a traditional book.
That is unfortunate, since one of the best features of the "Legal List"
was that its listing of Web and email list resources was fairly current,
a goal that print books fail to reach.
In its tone and in the innumerable parenthetical comments, humorous
and/or informative sidebars and the often skewed humor of its footnotes,
Law Law Law on the Internet is a throwback to the "fun" books
published between the 1960s and the 1980s by alternative publishing
houses. For example, the sidebar on encryption notes that if attorneys
used encryption there would be few problems with attorney-client
privilege and email.
The book's organization is quite simple, if not spectacularly
effective. It begins with a brief history of the Internet and the major
Internet client and server tools, a brief exhortatory section on why
lawyers and law firms should be on the Internet, and on what makes a
good Web site and good content. The book examines bar association and
corporate Web sites, giving Uniform Reference Locators (URLs) and
ratings of each site mentioned. The book's remaining five chapters
examine federal law sites, law firm sites, full-text law journals (of
which there are few), ABA-approved law school sites, and state law
sites. Each of these sites is rated for form, content, originality, and
utility. A URL is included for each (for example,
http://www.wisbar.org).
Considering the book as a whole, it is most useful for those lawyers
who are still Internet neophytes. Despite the rapid growth in Internet
usage, ecommerce, and Internet-related litigation since the Bush
Administration's privatization of the NSF's Internet "backbone" in 1991,
there still are many lawyers who have not used the Internet seriously
because they are unconvinced it can offer their practice any value.
Law Law Law on the Internet is valuable because it shows these
lawyers that there are substantial federal and state law resources
available online, that other firms and practitioners believe the
Internet provides them a competitive advantage, and provides novice
Internet users with some key sites upon which to build an effective and
valuable web-browser "bookmark" list.
Richard Berkley, U.W. 1997, is
licensed to practice in New Jersey, New York, and Wisconsin. His primary
legal interests are administrative, international, and
telecommunications law, and he is a member of the Fitchburg Cable
Commission. He is currently writing his doctoral dissertation.
Make Gentle the Life of This World:
The Vision of Robert Kennedy
By Maxwell Taylor Kennedy
(New York, NY: Harcourt Brace, 1998).
188 pgs. Retail $14.
Reviewed by Gordon R. Shea
There are no glamorous Kennedy anecdotes in Make Gentle the Life
of This World: The Vision of Robert F. Kennedy. This book makes no
pretense of being a biography or memoir. Instead, author Maxwell Taylor
Kennedy warns that this collection of RFK's favorite quotations and
excerpts from RFK speeches is more akin to "poetry," or a series of
"meditations." Yes, the author is a Kennedy, and he is Robert's youngest
son, nephew of the liberal senator, brother to the recently retired
Congressman, and so on. But Maxwell also has his own life, having used
his J.D. to work as a prosecutor before leaving law.
The gauzy, dream-like cover of Make Gentle initially makes
one wonder whether this book will merely pander to the Camelot
"myth-'n-martyr" market. Such touches also contravene Ted Kennedy's
eulogy, quoted in the book, urging remembrance of RFK as a person, not a
saint. But only a cynic could remain unmoved once starting this book.
The quotations and accompanying photos are organized into such topics as
"Freedom" and "Personal Knowledge"; "The Law and Lawyers" even merit a
few pages. Naturally, the quotations concerning tragedy are particularly
poignant. In RFK's journals, the anonymous, "He has lived a beautiful
life . . . He has scarified the hour/To give service for all time" sits
alongside Thucydides' fatalistic musing, "Having done what men could,
they suffered what men must."
Make Gentle is glossy and slim, but, to paraphrase a popular
commercial, don't hate it because it's beautiful. As America enters the
third decade since the murders of both Martin Luther King Jr. and RFK,
when our politics is beset with scandal and partisanship, and when the
last Wisconsin State Bar conference focused on quality-of-life issues,
most lawyers would do well to sit down with this book some weekend. Take
Maxwell Kennedy at his word. Approach Make Gentle the Life of This
World as you might a book of simple poetry. It will reward you.
Gordon R. Shea, Marquette 1998, was
a founding editor of Marquette Intellectual Property Law
Review, and recently won a writing award from the American Society
of Composers, Authors, and Publishers.
Race and Representation: Affirmative
Action
Edited by Robert Post and Michael Rogin
(Cambridge, MA: The MIT Press, 1998).
424 pgs. $16.
Reviewed by Angela McKenzie
This anthology examines the historical and political background of
affirmative action. There are very few essays that give a detailed legal
analysis of this topic. Instead, each essay helps create an orchestrated
discussion about diverse issues within the affirmative action
debate.
Part I of the book houses the majority of the text and arguments. The
Bakke and Hopwood decisions are given prominence by
being the basis for the first two essays in this part, but they are the
least distinctive. The other essays cover a large range of theories:
race and representation in the media as a historical reflection of
affirmative action, the influence of Christian ideology within
affirmative action, and affirmative action as a seed of dissent within
the Democratic party. Readers will find most of these texts stimulating,
if not absorbing. Part II, however, seems like an unnecessary addition
because of the trite conclusions of a few of its essays.
Generally, each essay is well documented with substantial endnotes.
The appendix includes: the SP-1 Resolution entitled "Ensuring Equal
Treatment" from the University of California Board of Regents, the
American Association of University Professors' Report in reaction to the
SP-1 Resolution, Proposition 209, and a brief biography and bibliography
of each of the contributors.
In short, Race is an insightful work that gives the reader
varied perspectives on problematic issues within the affirmative action
discourse. Due to the complexity of some of the arguments and a slight
repetitive feel, this book should not be seen as a light read. Those
interested in grasping the historical and political concepts that have
evolved since the institution of affirmative action will see this book
as informative. Race offers no solutions to this American
dilemma, but perhaps that aspect of the debate should be left to the
reader.
Angela McKenzie, U.W. 1999, is a W.
Dale Phillips Scholar. She is currently in the Netherlands studying
International and European law.
Sixty Miles from Contentment:
Traveling the Nineteenth-Century American Interior
By M.H. Dunlop
(Boulder, CO: Westview Press, 1998).
288 pgs. $17.50.
Reviewed by Keith B. Daniels Jr.
For Midwest residents curious about their regional history, or for
anyone looking for insight into the mindset of the nineteenth-century
traveler, M.H. Dunlop provides a unique and humorous account of the real
and legendary Midwest. This account takes the reader on a tour through
the eyes, and based upon the accounts, of visitors who traveled through
the Midwestern states from 1810 to 1870. In making this journey through
time, the reader is amazed to learn of the similarities that remain in
the views of modern travelers to those of their forebears, and to the
striking differences that have developed over time.
The book portrays the wild, wild Midwest, in its frontier heyday,
when Ohio, Indiana, Illinois, Wisconsin, Michigan, Missouri, and Iowa -
a half million miles - were as foreign to the mind of the
nineteenth-century traveler as Mars is to us today. For travelers from
Europe and the East Coast, the Midwest was the future - a land peopled
by a population without decades of tradition, notable landmarks, or a
familiar culture. Travelers at that time were used to going to the
familiar or to visit an identifiable past, such as American travelers to
Europe or English ravelers to Greece. The Midwest, with its transient
population and its unexpectedly tedious landscape, was a land without
fixture and, as such, was discomforting to the travelers, male and
female. The title of the book reflects the common attitude among
travelers that comfort was always 60 miles in the distance.
The book is an interesting and witty description of the culture of
the inhabitants of the Midwest and, even more humorously, of the
cultural biases that were held by the travelers who attempted to
describe their visits to the interior. This is a worthwhile way to visit
the interior between 1810 and 1870, when the Midwest was considered to
be one of the most interesting and exotic places on Earth.
Keith B. Daniels Jr., U.W. 1988, is
admitted to practice in Illinois and Wisconsin. He is an associate with
Hanson & Peters, Chicago, Ill., practicing in complex insurance
coverage matters and employment practices litigation.
Terrorism and America:
A Commonsense Strategy for a Democratic Society
By Philip B. Heymann
(Cambridge, MA: The MIT Press, 1998).
176 pgs. $14.
Reviewed by Katie Browe Murphy
The bombings at the World Trade Center and American embassies in
Tanzania and Kenya demonstrate the vulnerability of the United States to
foreign terrorists both at home and abroad. Timothy McVeigh's murder of
169 people in Oklahoma City illustrates that the danger to the United
Stated can come from its own citizens.
The message of Philip Heymann's essay is that we must respond to
these events intelligently and dispassionately rather than with the fear
and anger that they are designed to create. Specifically, we must use
common sense.
Heyman maintains that, for democratic states, the primary goal in
dealing with terrorism is to protect the lives of its citizens while at
the same time preserving democratic liberties and the governmental
process. Further, he believes that because of the multifaceted nature of
this goal and the complexities of terrorism, this goal can be
accomplished only by the use of a multidimensional and intricate
approach.
Unfortunately, rather than detailing his commonsense approach at the
beginning and then supporting it, Heymann leaves the reader a little
lost at points and hurts his argument by failing to provide an overall
summary until the last chapter. The strongest aspect of this essay is
the use of actual events to illustrate how states have successfully and
unsuccessfully reacted to various terrorist acts in the 1990s and the
factors that may limit their ability to respond. The Achille Lauro
cruise ship hijacking, for example, demonstrates that the assistance of
other states in combating international terrorism is essential but hard
to come by, because even friendly states have different interests,
capabilities, and strategies.
Heymann also provides a lot of useful information on the complex
nature of terrorism, the goals of terrorists, and the variety of
objectives states may have in responding to terrorism. Of particular
interest is his discussion of the difficulty of intelligence gathering
while protecting civil liberties.
Although it is occasionally difficult to follow, this essay
challenges the reader and policy makers to develop reasoned strategies
and methods of preventing terrorism without endangering the liberty and
unity of the nation.
Katie Browe Murphy, Marquette 1994,
practices corporate and tax law at PricewaterhouseCoopers in Budapest,
Hungary.
Violence in the Workplace:
Preventing, Assessing, and Managing Threats at Work
Edited by Carol W. Wilkinson
(Rockville, MD: Government Institutes, 1998).
283 pgs. $69.
Buy
it from Amazon.com
The Gift of Fear:
Survival Signals that Protect Us from Violence
By Gavin de Becker
(New York, NY: Dell Publishing, 1997).
420 pgs. $5.59.
Buy
it from Amazon.com
Reviewed by Gregory M. Posner-Weber
According to the U.S. Department of Justice's National Crime
Victimization Survey, each year between 1992 and 1996 more than 2
million U.S. residents were victims of violent crime while at work or on
duty. More than half of the violent crime victimizations happened to
people who worked for private employers. About 20 percent of violent
incidents in the workplace involved armed offenders. And more than 1,000
workplace homicides occurred annually.
In spite of these alarming statistics, relatively few employers - and
very few law firms - have established effective programs to reduce the
hazards of workplace violence. I do not know why this is so. I consider
it likely that managing partners and supervising attorneys do not fully
appreciate the seriousness of the problem, or else they simply hope that
the disturbed employee, spouse, or client will pass them by. The high
cost of just one violent incident demonstrates the folly of that
thinking.
Violence in the Workplace will give administrators a better
understanding of what they can do to minimize the threat and impact of
workplace violence. The book is a collection of papers on workplace
violence, all written with an eye toward prevention strategies. The book
proceeds from two basic assumptions: 1) employers have a moral and legal
obligation to provide a safe workplace for employees, clients, and
visitors; and 2) effective workplace violence plans need not break a law
firm's bank account or disrupt the practice.
Violence in the Workplace takes the reader through the
step-by-step process of developing a comprehensive, cost-effective
workplace violence system. First, readers learn to identify various risk
factors for workpace violence early in the hiring process. With
surprisingly little effort, it is possible for administrators to
implement staffing practices, policies, and procedures that will reduce
the chance of a potentially dangerous situation. Separate chapters on
program development teach administrators how to develop threat
assessment teams to prevent and respond to situations arising after an
employee is hired, or situations involving other people who come into
contact with your firm. Other chapters offer vital information on how to
manage immediate threats of workplace violence, and how to deal with the
consequences faced by the victims of these acts.
As I finished typing this paper, CNN reported that a former employee
of the Riverside, Calif., Parks and Recreation Department opened fire at
the beginning of a city council meeting. Several people were
injured.
Whether you are motivated by statistics or anecdotes, you should buy
the book. And you also should buy Gavin de Becker's outstanding
bestseller, The Gift of Fear, now available in an updated
paperback edition. It is a book about predicting violence to protect
personal safety. It also is a tribute to the human spirit.
Prediction of violence is de Becker's stock-in-trade. His company has
developed sophisticated risk assessment tools and threat management
plans used by private businesses, celebrities, and governments
worldwide. But de Becker firmly believes that, for most of us, our
personal solution to violence is deceptively simple - trust your
intuition.
de Becker believes that intuition "is the cornerstone of safety."
While he teaches the reader how to apply tested methods of evaluating
and predicting the risk in a given situation, he firmly believes that
our own "messengers of intuition" - our own physical and emotional
responses to the situation - often are the best predictors of risk. The
cynical reader is quickly persuaded by de Becker's reasoning, and by the
case histories used to illustrate the importance of listening to and
respecting your intuition.
Living in fear is not a reasonable response to violence. Recognizing
risk and taking steps to ameliorate it is a decidedly reasonable
response. Read in tandem, these books provide a wealth of technical and
practical knowledge. Both are highly recommended.
Gregory M. Posner-Weber, Marquette
1987, is a Wisconsin assistant attorney general currently assigned to
the Criminal Appeals Unit of the Wisconsin Department of Justice. He
concentrates in matters pertaining to the prosecution of crimes
committed against children. The opinions expressed in this review are
his own.
Wisconsin
Lawyer
