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.

Devils on the Deep Blue Sea

The Book of the Week is “Devils on the Deep Blue Sea, The Dreams, Schemes and Showdowns that Built America’s Cruise-Ship Empires” by Kristoffer A. Garin, published in 2005.

As of the book’s writing, Carnival Corporation and Royal Caribbean were two holding companies that dominated the pleasure cruise industry. The chairman and CEO of the former controlled almost half of the passenger capacity.

The passenger capacity of one cruise ship skyrocketed from less than two hundred to seven hundred fifty in the decade after WWII. Vacation culture was changing from wintertime to year-round Caribbean jaunts. Miami, Florida was the place of embarkation.

In autumn 1965, a cruise fire caused 91 deaths, and put the industry on edge. Negligence and incompetence of the captain and crew were to blame. Nevertheless, even at that time, the travel company owner was able to weasel out of legal trouble because the ship was registered in Panama. He didn’t escape financial trouble thereafter, though.

In 1966, Miami got a new passenger terminal. The 1970’s saw the city’s docks fraught with organized crime, thanks to the port director. Starting in the late 1970’s, the TV show “Love Boat” significantly boosted the number of people of all ages who tried cruising. In 1981, the industry experienced labor trouble.

Read the book to learn how the industry evolved; how Ted Arison earned his less-than-stellar reputation; how business-savvy executives seeking to merge with or acquire distressed cruise-line assets did so through the decades, including the Princess Cruises saga; and the tax, employment and supply-chain tricks they use to maximize profits.

See You in Court – BONUS POST

The Book of the Week is “See You in Court” by Thomas Geoghegan, published in 2007. The author, a labor lawyer in Illinois, argued in this short paperback that the decline of unions in the United States is responsible for all sorts of ills that were plaguing the nation at the book’s writing (and have gotten worse since), such as the replacing of the of Rule of Law, contract law, and anti-trust law– with tort litigation; the risk of the disappearance of retirement funds at the whim of employers, and the growing income gap between rich and poor.

The author failed to differentiate between unions in the private sector, and ones in the government. Beginning in the 1950’s, the unions in the private sector were becoming unnecessary with the way things were progressing in the United States.

Economics 101 says that a nation requires a healthy, well-educated workforce. Unions in the private sector discouraged upward mobility– why should workers want to acquire more training and edification in their careers if they were making a decent living and their jobs were protected? Unions in low-skilled positions especially, fostered complacency. Private-sector unions fostered a lazy, poorly educated nation of low-skilled employees who went to work to collect a paycheck.

By the 1990’s, non-union, private-sector employees needed no protection. Employee satisfaction gets the same score as customer service. Free-market competition usually kept employers in line.

If employees walked off the job en masse, other employers gladly accepted employees and business lost by the wayward employer. Customers and employees could go over to Wendy’s if McDonald’s was unsatisfactory, or to Target if Walmart didn’t deliver. Low pay and difficult working conditions should have encouraged fry cooks and greeters to go to school to get a better job.

In the early 20th century, there was a need to protect workers– who were easily subjected to exploitation because many workers were poorly skilled, poorly educated new immigrants. There was limited opportunity for education, and limited transportation options even if workers were willing to relocate to find a job. Into the 1990’s, workers had more resources than ever to find work or engage in professional improvement if they wanted to.

Unions are always needed in civil service and in a few monopolistic industries (such as couriers, transportation, education and healthcare services), because they are exceptional. They are providing essential services (health, education and welfare), or else the work they provide is a matter of life and death. Government employees who are providing essential services deserve due process, in exchange for not striking.  Striking is illegal, and rightly so. There would be massive economic and/or societal disruption, and possible deaths, if they were to walk off the job en masse. Therefore, civil service unions are a necessary evil.

The unions in the author’s day used to minimize the number of workers’ compensation claims, which have now become tort suits, in which the cause of action (grounds for suing) has become discrimination. Such suits are many more times complex than contract law. The legal bills for these suits keep soaring, as well. Pretrial discovery entails “fishing expeditions”– extremely intrusive investigations of, say, medical records and activities of the plaintiffs, so that the defendants can gain every possible legal advantage.

The author also ranted about various other issues. He wrote that hegemonic institutions such as nonprofit hospitals, Ivy League universities (which get billions of dollars in government grants) and nonprofit organizations sue people for nonpayment but get massive tax breaks themselves.

These entities get away with this because they are allowed to keep their accounting books secret– they file neither tax returns nor SEC documents. The author failed to specify how big a part of the U.S. economy this sector is. That situation has partially changed among the hospitals anyway (but not necessarily improved), due to Obamacare.

The author pointed out that “The more we deregulate, the less stability and civic trust we have… More and more it seems we don’t trust government, we don’t trust business, we don’t even trust each other.”

But– in the 2020’s, after the Trump administration has continued its predecessors’ policies to the extreme–  running the government like one big brand (the president’s own) while allowing monster-sized corporations to ruthlessly profit with regard to neither the workers nor various populations who will be victims of pollution, poor quality education, housing and healthcare– history will have come full circle. There will be a need for unions in the private sector again (!)

Read the book to learn of additional outrages that have arisen in recent decades, such as the replacement of litigation with arbitration imposed by big corporations, how the law has changed to allow widespread usury, why people are suing Social Security to collect disability payments that are rightfully theirs, and how overpaid CEO’s (a redundant phrase) are making U.S. companies’ products less competitive overseas.

Lies And the Lying Liars Who Tell Them

The Book of the Week is “Lies And the Lying Liars Who Tell Them, A Fair and Balanced Look at the Right” by Al Franken, published in 2003. This was a comedic look at news reporters, commentators, politicians and even media outlets who and that intended to deceive, and succeeded in deceiving viewers, listeners and readers via distortion, misleading statements, exaggeration, outright fabrication and all shades of falsity in between. Franken did his homework with the help of Harvard students, and called people to get information directly from “the horse’s mouth.”

First, the author provided credible research results showing that there was no liberal media bias at least up until the book’s writing. In fact, one of countless examples was that Al Gore was covered more negatively than George W. Bush in the 2000 presidential election. Further, after the Monica Lewinsky story broke, former President Bill Clinton was criticized nonstop by media people of all persuasions.

At that time, cost-cutting measures in the media had also taken hold. In-depth reports cost big money– compared to two pundits who read one tabloid article on a popular political issue, and then heatedly argue on camera.

Franken provided ample evidence that political commentator Ann Coulter produced little or no support for her supposedly factual statements on conservative issues mentioned in books she wrote. The few sources she mentioned were in hard-to-find endnotes.

Former president George W. Bush lied numerous times during his 2000 presidential campaign and thereafter. One particular set of lies was about past crimes he committed for which he never spent a day in prison: insider trading, cocaine possession, drunk driving, and going AWOL from the National Guard.  The author cited reliable sources– it wasn’t just tabloid gossip.

When the book went to print, a particular Fox political show with four commentators which claimed to be “balanced” actually featured “…two hard-core conservatives and two centrists.”

Bill O’Reilly (remember him?) prevaricated pathologically. He had a “… shopworn inventory of boorish tactics– bluster, bullying and belittling– in order to advance a thinly disguised conservative agenda.”

Dick Cheney contended that his and Halliburton’s profiting in an extremely, extremely large way through Halliburton’s secret subsidiaries was unrelated to the United States government. Yet his company was able to completely ignore the law to do business with Iran and Iraq, anyway. In July 2000, Cheney made known on ABC’s This Week that he was allegedly ignorant (willfully ignorant, if he was, which is unlikely) of Halliburton’s business deals in Iraq. This continued while America  went to war with that member-state of the “Axis of Evil.”

The Wall Street Journal also insulted the intelligence of Americans by giving credit to former President George W. Bush for the drop in crime during the years former President Bill Clinton was in office (!)  Dick Cheney tried to credit his boss’s administration for the effectiveness of the American military in Afghanistan and Iraq. But in August 2000, prior to the wars, he said “A Commander in Chief leads the military built by those who came before him.” That would be Bill’s Clinton’s lookout, not Bush’s.

Although Sean Hannity probably truly believed what he was saying, he meant to dishonestly sway his viewers:  “I think the weapons of mass destruction [in Iraq] will be found. I don’t think we don’t have any doubt about that.” He gives viewers the false impression that he knows something they don’t know. And they believe him; otherwise, they wouldn’t watch him. In late May 2003, speaking to TV viewers in Poland, President Bush announced, “We found weapons of mass destruction [in Iraq].” Rush Limbaugh uttered similar opinions in the same vein. The dishonest utterances just went on and on.

Read the book to learn of a boatload of people and entities who and that, twisted the truth on important issues; to name just a few issues: George W. Bush’s tax cut, his education program erroneously entitled “No Child Left Behind” and the horrible pollution of both hog farms and coal mining operations resulting from Bush’s relaxation of health and safety laws; and the adversely affected parties– taxpayers, students, and residents near the farms and mines.

Endnote: It’s a shame that this physical book lacked an index, which would have outed the liars in a comprehensive list, immediately. Since the author was already stooping to their level in name-calling, he should have gone all the way and saved his critics time by telling them where they were mentioned. Franken would not have had to reply to a significant additional barrage of inane online comments. Lazy, angry people who don’t do their homework are going to lash out at people who attack their side with factual research results, even if they have the most comprehensive research tools in the world.

Lastly, this was a book of jokes, but it actually covered lies about serious issues– life and death, money, education, etc. The nation is still lying about serious issues, and it appears that’s not going to change anytime soon.

Rat Island

The Book of the Week is “Rat Island” by William Stolzenburg, published in 2011. This series of anecdotes described what frequently happens when some humans observe that a particular species is in danger, and with the best of intentions, attempt to counteract the perceived adverse effects of the situation.

Such campaigns have been repeated for centuries, always with unintended consequences and mixed results. For, the people involved have impure motives, and the manipulation of nature over the course of decades inevitably results in a “pox on everyone’s house.”

In the 1800’s, for instance, explorers introduced cats to eliminate an excess of rats in Oceania. Unsurprisingly, the food chain was disrupted, and the rabbit population increased. Rabbits killed the sheep in New Zealand, upsetting the people there. The latter took action by bringing in ferrets, weasels and stoats. The duck and parrot numbers were negatively affected.

Sometimes people are the predators. Other causes of the near-extinction of a species include statistically unusual weather, oil spills or disease. In New Zealand, people almost eliminated green parrots, poaching and smuggling them for their looks.

In another instance, the kakapo (another bird) was endangered by other animals. In the mid-1890’s, some sympathetic New Zealanders therefore sequestered the birds on an isolated island so they could multiply in peace. However, weasels found their way into the protected habitat, anyway.

Some tools of the trade among supposed “friends” of the environment who are only trying to prevent extinctions, include:  poison, guns, traps, hunting dogs, and ammunition shot from helicopters. And on at least one occasion:  hormonally-juiced Judas pigs that led to a spike in the number of eagles and drop in foxes on one island. Moreover, there are people who derive pleasure from cruelty to animals in the name of saving endangered species.

Read the book to learn of the checkered fortunes of the birds of the Aleutian Islands and Anacapa Island, the wildlife around Bering Island and other regions, and the constant tug-of-war among government agencies (such as Fish and Wildlife) responsible for those regions, conservationists and animal-rights activists.

Chocolate Nations

The Book of the Week is “Chocolate Nations, Living and Dying for Cocoa in West Africa” by Orla Ryan, published in 2011. This slim volume described the situations in Ghana and Cote d’Ivoire at the book’s writing, with regard to growing the crop that ultimately becomes chocolate. Both countries had command economies and a large number of farmers with small landholdings growing the cocoa-bean trees.

Ghana has grown cocoa at least since the late 1800’s. Even after it declared its independence from Great Britain in 1957, it had a series of tyrannical leaders, each replacing the next via coups. They kept the farmers poverty-stricken by setting the price the government paid for cocoa.  Some farmers illegally sold their harvests to Cote d’Ivoire for better prices. Around 2009, Ghana was producing approximately one fifth of the world’s cocoa; Cote d’Ivoire, about one third.

Even after independence in 1960, the latter’s former colonizer, France, invested in cocoa farming there. However, the dictator became well-liked by encouraging laborers from Burkina Faso and Mali to farm cocoa and coffee in his country. He gave land to those from the Baoule tribe who tilled it.  His excessive spending to support his lifestyle and that of his loyal servants, resulted in huge debts, which he tried to reduce by cutting wholesale prices paid to cocoa farmers.  The nation saw a bloody civil war from 2000 to 2003.

In the first decade of the 21st century, hysteria ruled the airwaves in the United States over the accusation of abusive child labor on the cocoa farms. It was unclear whether the accusation was true, as data were anecdotal, ulterior motives abounded among the accusers (such as NGOs, tabloid reporters and even a politician), and the culture of the cocoa growers provided plausible denial that truant children were being enslaved. For, farming families tended to be large so that the kids’ assistance could help keep the family in business.

It appears that cocoa farming is unlikely to change significantly in the near future in Ghana and Cote d’Ivoire because “For smallholders, the cocoa market can seem little more than a plaything in the hands of a few large companies and speculators.”

Read the book to learn more details.