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.
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.
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.
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.
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.
Wisconsin Lawyer