Indefensible

The Book of the Week is “Indefensible” by David Feige, published in 2006. This is an autobiographical account of a public defender; an attorney who represents indigent people accused of street crime, who were assigned to him by the court.

Feige described his experiences with the people in the criminal justice system in the New York City of the 1990’s. He had to deal with the homeless, mentally ill, addicts, gang members, good people who were wrongly accused– and their family members; judges and other court personnel, and fellow attorneys. There were personality types he saw over and over again– the poorly educated jailed people trapped in the poverty cycle due to their bad choices, bad luck and a series of circumstances out of their control; good, fair judges; and unsympathetic and sadistic judges.

Feige was overworked, underpaid and his anecdotes smacked of the proverb, “Good to know the law, better to know the judge.”

Read this depressing book to get an intimate picture of the inner-city downtrodden, and the difficulties of keeping them from being jailed, even when they are innocent, due to the odds against them.

The Law of the Jungle – Bonus Post

This blogger skimmed the ebook, “The Law of the Jungle” by Paul M. Barrett, published in 2014.  This is the story of a decades-long court case involving oil contamination in the Amazonian rain forest of northeastern Ecuador, to which a number of cliches apply:

Pox on the houses of both the plaintiff and the defendant;

A man is known by the company he keeps; and

When you lie down with dogs, you get fleas.

Starting in 1993, the plaintiff, represented by a greedy, egotistical, loudmouthed, yet shrewd attorney– Steven Donziger– claimed that defendant, Texaco, and then successor Chevron oil company, had caused illness, deaths, and damage to the quality of life of thousands of farmers and tribesmen in Ecuador. The Amazonians were allegedly poisoned by the oil-contaminated streams where they fished, bathed and gathered drinking water. The oil company had established a presence in their villages since 1964, when it forged an agreement with the Ecuadorian government to drill on 3.5 million and later, 4 million acres in the Oriente region.

The author tells a suspenseful, controversial story that reveals valid arguments on both sides. There was evidence of serious disruption of villagers’ lives. This included cancer clusters and other health issues that plagued the Ecuadorians, pollution of the place where they lived, the unintended consequence of violent fighting for jobs and over income inequality between Indians and homesteaders, etc. directly attributable to the activities of, and inept cleanup of, oil that allowed spreading of toxic chemicals by, the petroleum companies. On the other hand, over the years, the economy of the country of Ecuador made great strides due to the companies’ building of, and heavy investment in, transportation infrastructure and the side effects of job creation and good political relations that would not have occurred but for the corporate presence in Ecuador.

According to the author, the plaintiff’s attorney went after “big oil” rather than “… a struggling national government responsible for letting down its people” because big oil had more sex appeal. It could also be that big oil had deeper pockets.

In sum, “The oil pollution suit was not unique. Ecuador’s judiciary had a well-earned reputation for corruption and chaos.”

Read the book to learn of the various sleazy tactics employed by both sides in the dispute, and to get a concise, eloquent summary of the whole story– read the “Conclusions” section of this ebook.

My Beloved World – Bonus Post

This blogger skimmed the ebook “My Beloved World” by Sonia Sotomayor, published in 2013.  This is the autobiography of Supreme Court Justice Sotomayor. Born in 1954, she grew up in a low-income neighborhood in the Bronx, in a close-knit family of Spanish-speaking origin.

Sotomayor’s mother’s philosophy was that whatever one is doing, one should do it well. Sotomayor internalized her advice. She became an overachiever in high school. As a Puerto Rican, she benefited from the growing popularity of “Affirmative Action” policies of the early 1970’s. She attended an Ivy League college. “The Daily Princetonian routinely published letters to the editor lamenting the presence on campus of ‘affirmative action students,’ each one of whom had presumably displaced a far more deserving affluent white male…”

In the United States, Affirmative Action, aka “diversity” is still a very controversial practice in education and employment in which the people in power, some say, out of “white liberal guilt,” are trying to salve their consciences for past discrimination of “minorities”– people who are not of white European origin. Ironically, this can result in reverse discrimination in specific sectors of society– favoring of non-white over white candidates. On the other hand, some ethnic groups comprising the minorities are statistically no longer in the minority of the entire population of candidates; they are now the majority.

Even so, people are becoming more tolerant of the growing popularity of multi-ethnic situations. Sotomayor remains very close with her younger brother, who married, had a daughter and adopted twins, “…Korean boys with Irish names, a Polish (adoptive) mother and a Puerto Rican (adoptive) father– the perfect American family.”

In college, Sotomayor had a lot of catching up to do, linguistically and culturally because she had grown up in a sheltered, limited environment. She writes, “I was enough of a realist not to fret about having missed summer camp, or travel abroad, or a casual familiarity with the language of wealth.” She had had trouble learning to write an essay because syntactically, her writing reflected her first language– Spanish, making for awkward phrasing in English. It was only as an undergraduate that she realized she needed to use the same thesis-oriented communication style she used on her high school debating team, but commit it to paper.

When she was planning her wedding, Sotomayor became a bargain-hunter, but “The prices horrified me, each piece of the fairy tale seeming a bigger rip-off than the last.” She attended Yale Law School and became an Assistant District Attorney to get litigation experience. Her dream was to become a judge. Even at Yale, there had been no program that equipped students with the specific skills and experience for becoming a judge.

When she told her mother about her appointment to her first judgeship, she had to explain that various aspects of the job would be less than exciting. There was no world travel involved. She would get to meet “interesting people,” just not the kinds she would be able to make friends with, as she had in her previous position. On top of that, she would be earning very little money, compared to what she could earn at a big-name law firm.

Read the book to learn the details of Sotomayor’s life triumphs and tragedies, and her opinions on various issues.

Louis D. Brandeis, A Life

The Book of the Week is “Louis D. Brandeis, A Life” by Melvin I. Urofsky, published in 2009. This is the lengthy biography of an attorney and Supreme Court Justice.

The youngest of three siblings, Brandeis grew up in Louisville, KY in the 1850’s and 1860’s, and graduated from Harvard Law School.

Prior to the early 20th century, Brandeis felt that his job as an attorney was to help develop a fair solution for all parties involved in a dispute. He felt he was a mediator and moralist, rather than an attorney being paid to favorably act on behalf of and give legal advice to only his client. This mentality led Brandeis to engage in a few conflicts of interest in dealing with his firm’s clients.  For instance, he represented a corporate client in litigation in which a third party was represented by his firm.

Despite becoming embroiled in a few episodes of hypocrisy, Brandeis fought against corrupt, monopolistic practices of various large American institutions. He felt obligated to do what he considered public service, pro bono. Fortunately, his income as a law partner allowed this.

In the United States at the turn of the twentieth century, there were three big insurance companies that wielded an amount of power similar to that of big-name brokerages in the early 2000’s. The outsized ego and greed of the insurance executives, too, led them to manipulate the government, commit accounting irregularities, and abuse their power and the public’s trust. Brandeis took them on, exposing what he thought was their moral depravity. He then found a way for the public to avoid adding to the profits of the evil insurance corporations by initiating the sale of affordable life insurance through savings banks.

Brandeis was nominated a Supreme Court Justice by President Woodrow Wilson in 1916. “When confronted with the first Jew named to the Supreme Court, and in a time of growing nativism, clearly those who ‘feared foreigners’ would oppose the appointment.” Brandeis had to endure four stressful months of hearings and background checking before he was appointed.

Around 1920, Brandeis became active in the Zionist movement. He controversially defined the movement as one in which oppressed Jews could receive financial assistance to improve their lot through settling in Palestine. Since the persecuted Jews who had found a haven in the United States had become successful in their adopted country, they did not need to go to Palestine to build a homeland there. But they were urged to help their fellow Jews who were worse off than themselves, to do so. Other people in the movement felt Brandeis did not truly understand the mentality of the oppressed Jewish immigrants, who viewed Palestine as a place they could freely practice their religion.

During the 1930’s, when Great Britain realized that Arabs greatly outnumbered Jews, and that there was so much oil in the Middle East, she changed her political position on Zionism as mentioned in the Balfour Declaration. She found the Jews argumentative, and wanted Palestine to be “an Arab-dominated region under English tutelage.”

Brandeis favored a workday shorter than twelve or fourteen hours, in order to give unionized American workers time to fulfill their civic responsibilities to get involved in local politics and “as parents and members of their communities.”

As a Supreme Court Justice, Brandeis left an influential legacy in that he had a “… great impact not only on jurisdictional matters but on commercial law, antitrust, administrative law, utility regulation, federalism, and individual liberties.”

Justice Brennan, Liberal Champion

The Book of the Week is “Justice Brennan, Liberal Champion” by Seth Stern and Stephen Wermiel, published in 2010. As can be surmised from the title, this book is about Supreme Court Justice William Brennan’s life and liberalism.

When Brennan was first appointed by President Dwight Eisenhower in the mid 1950’s, the United States Supreme Court was ruling on cases dealing with integration, Communism and censorship of pornography. “Brennan and his allies on the Court were being attacked by the mid 1960’s for encouraging racial mixing, coddling Communists and trying to drive God out of public life.”

The Court turned very conservative after Richard Nixon was elected president. Conservative politicians secretly investigated liberals for any conflicts of interest, or worse sins, to force the liberal justices off the Court. Brennan quit all teaching and lecturing to eliminate all of his own conflicts of interest and divested himself of real estate interests and stock. No other liberal justices took such precautions.

Although principled, legally obedient and even supportive of several women’s rights issues, ironically, Brennan refused to hire females as clerks in his own chambers. It was only after an aide wrote to him in strong language in the early 1970’s– that sooner or later, someone would sue a Supreme Court Justice alleging gender discrimination in clerk selection. Besides, Brennan would want his own daughter to be hired, if she were in a position to apply.

The Court stayed conservative for the rest of Brennan’s tenure. Read the book to learn the impact Brennan made on the Court nevertheless.