The Defense Never Rests – BONUS POST

The  Bonus Book of the Week is “The Defense Never Rests” by F. Lee Bailey with Harvey Aronson, published in 1971. This is the career memoir of a criminal defense attorney best known for the Sam Sheppard and Boston Strangler cases.

Born in 1933, Bailey served in the Marines, and later started practicing law at a firm in Boston. He became a polygraph-test expert, and later argued that test results should have been admissible in all courts. When he started his career in 1961, Massachusetts law still required that in court, a murder suspect be confined to a wire cage.

Read the book to learn of various cases litigated by the author, including those of Sam Sheppard and the Boston Strangler and his own, when he found himself in trouble (not for murder, though). Perhaps that is why he provided no: Notes, Bibliography, Sources, References or Index in this book, although he did provide verbatim excerpts of court transcripts.

Ruth Bader Ginsburg – BONUS POST

The Bonus Book of the Week is “Ruth Bader Ginsburg” by Jane Sherron de Hart, published in 2018.

Born in Brooklyn in March 1933, Bader grew up in a cultured household. She took piano lessons, played the cello, and summered annually at her relatives’ Adirondacks camp. A voracious reader, she was sent to Hebrew school, and skipped an academic grade. However, her mother, with whom she was very close, passed away of cancer when she was seventeen.

The culture and politics of Bader’s generation “… limited aspirations and choices for young women.” The GI Bill, the Federal Housing Administration and Social Security– just to name a few sources of privilege, provided the men with resources denied the women. The far-reaching institutional discrimination they engendered was accepted as a given in American culture.

Bader received a scholarship from Harvard Law School. But, since she married before attending the school, it was naturally assumed that she no longer needed the scholarship because her-father-law would pay the tuition. Obviously, the school would have honored the scholarship if the married Bader had been male.

Unusually, though, Bader’s parents-in-law encouraged her to pursue her dream of becoming an attorney, even though she was female. She was one of nine women in her class of 552 students. She made Law Review, and before graduating, had a daughter. Bader’s husband served as a true equal partner while the two alternated attending law school, and fulfilling childcare and domestic responsibilities. Before he graduated, he had a serious bout of testicular cancer.

In 1959, even though Bader graduated co-valedictorian, she couldn’t find a job due to her gender. Such prejudice was equivalent to the denial of graduate-school acceptance of Jews in the Soviet Union that lasted into the 1980’s.

With the help of a law-school professor’s aggressive recommendations, Bader ended up clerking for a judge, teaching law at Rutgers, then teaching law at Columbia University (benefiting from “Affirmative Action”), and directing legal projects on gender discrimination for the ACLU. She was super-dedicated, and worked around the clock.

Unfortunately, Bader was unable to be a major legal mover and shaker in the Women’s Movement because it was fragmented and complex with infighting. Various organizations were trying to further gender equality through litigation and lobbying, whereas, with the Civil Rights Movement, only the NAACP was trying to change laws.

Read the book to learn of how Bader became a U.S. Supreme Court Justice, a few major cases she argued during her career, the difference between “benign discrimination” and “paternalistic discrimination” and much more about her professional and personal life.

A Lawyer’s Life – BONUS POST

The Book of the Week is “A Lawyer’s Life” by Johnnie Cochran With David Fisher, published in 2002. This is obviously the autobiography of Johnnie Cochran, of O.J. Simpson defense-attorney fame.

Born in 1938, he grew up in Shreveport, Louisiana and Los Angeles, California. Cochran never saw a piece of legal business he didn’t like. He was passionate about the law, handling or assisting with, cases of various practice areas. He conveniently forgot to mention that he wasn’t licensed to practice law in New York State or other states, so he glozed over that by saying he preferred to work with a legal team. He described a number of non-California litigation cases where he was asked to join the team– slap his sensational name on a case– merely for publicity purposes, to scare the opposition. He explicitly stated, “…the one thing I bring to every case in which I get involved is the media.”

When he started practicing law in the 1960’s, the system was rife with discrimination against poor people, who happened to not have light-colored skin. He wrote of those days (sarcastically), “Apparently, the police have an amazing ability to arrest only guilty people, they never make a mistake.”

Cochran was extremely busy after the Watts Riots in California in the mid-1960’s, and again after the South Central Los Angeles riots in the spring of 1992.

For three years, starting in 1997, Cochran was host or co-host of a show on Court TV out of New York that discussed legal issues. Some of the time, he read from a TelePrompTer like everyone else. Concurrent with that, he was helping to represent black plaintiffs who were victims of racial incidents in the city.

The then-mayor Rudy Giuliani tried to sweep police-brutality complaints under the rug. However, the Abner Louima case was too egregious to ignore, so he appointed a committee to research police brutality. A year later when its report was issued, he made excuses as to why no recommendations could be implemented. “Rudy Giuliani stayed as far away as possible from this case.” Further, “Most members of New York’s minority community did not believe the mayor ever acted in their interests.”

Cochran made a couple of rather naive statements showing his lack of historical knowledge; first, saying that the O.J. Simpson trial “… had created… law as entertainment.” and second, saying of the Latrell Sprewell case, “It was an ugly incident, and there had never been anything like it in sports.”

One tyro error to which Cochran admitted was a legal case in Buffalo, New York. He expressed his displeasure with the nature of the jury. Of course, the media twisted his words and the jury wasn’t sequestered. There was a chance that a newspaper headline had tainted the jury, but fortunately, nothing came of it.

Read the book to learn the details of diverse cases with which Cochran was involved. His goal was not only to make maximum money for himself and his client, but according to him, to effect change in a court/political/social system that made racial discrimination possible.