The Brooklyn Law School Library New Books List for December 1, 2017 has 49 print titles and 28 e-book titles. Subjects range from criminal justice and judicial error; same-sex marriage; writing skills of US Presidents; history of New York, NY; impeachment of US Presidents; prisons and privatization; and mourning customs, to name a few. Cheating: Ethics and Law in Everyday Life by Stanford Law School Professor Deborah L. Rhode, is one e-book worth reading as it deals with law and ethics and cheating. Cheating, a phenomenon so entrenched in everyday American life, costs close to a trillion dollars annually. Why it remains a serious problem is that it is often excused by the statement that “Everyone does it”. The more that individuals believe that cheating is widespread, the easier it is to justify. If Americans are cheating more, they appear to be worrying about it less. Rhode, rejects the “everybody does it” rationale and sees the ubiquity in deceit as uncomfortably close to a universal human truth. She offers the only recent comprehensive account of cheating in everyday life and the strategies necessary to address it. Because cheating is highly situational, Rhode drills down on its most common forms in sports, organizations, taxes, academia, copyright infringement, marriage, and insurance and mortgages.
The book reviews needed strategies to address the pervasiveness of cheating. Efforts need to begin early, with education by parents, teachers, and other role models who can display and reinforce moral behaviors. Organizations need to create ethical cultures, in which informal norms, formal policies, and reward structures all promote integrity. People need more moral triggers to remind them of their own values. Also important are more effective enforcement structures, including additional resources and stiffer sanctions. Rhode, the founding president of the International Association of Legal Ethics, former president of the Association of American Law Schools, and former founding director of Stanford’s Center on Ethics, notes that cheating has evolved with time. Technology has transformed some forms of cheating with filesharing, downloading of music on the internet, or plagiarism, lifting stuff off the internet, whole sites on the internet that enable people to just cut and paste their term papers and have somebody else even write their paper on plagiarism. She states in an interview with Tavis Smiley that over half of taxpayers admit to cheating sometimes on their forms. 80% of high school students will admit that they’ve cheated in class. The pervasiveness and the persistence of it is what should give us pause because there’s a price tag to it.
Episode 101 – Conversation with Prof. Heidi Brown.mp3
Brooklyn Law School Library’s New Books List for November 1, 2017 has 40 print titles and 36 eBook titles. Subjects cover a wide range including Alexander Hamilton, administrative agencies, bar examinations, Christian lawyers, deportation, Donald Trump, Sharia law, technology and the law, and more.
One title stands out: The Introverted Lawyer: A Seven Step Journey Toward Authentically Empowered Advocacy (Call No. KF300.B75 2017) by Heidi K. Brown, Associate Professor of Law and Director of the Legal Writing Program at Brooklyn Law School. The book explains the differences among introversion, shyness, and social anxiety and how each manifest in the legal context. It describes how the extrovert bias in law school and practice detrimentally can impact quiet individuals, fueling enhanced anxiety in a vocation already fraught with mental health issues. It also explores how quiet law students and lawyers offer greatly needed proficiency to the legal profession and presents a seven-step process to help introverted, shy, and socially anxious individuals amplify their authentic lawyer voices, capitalize on their natural strengths, and diminish unwarranted stress.
Professor Brown joins us today in a conversation that describes her journey as an attorney who did not fit the mold of the domineering litigator. She discusses her own introversion and her struggles with shyness and social anxiety. In addition to offering specific techniques for embracing the power of introversion, the episode begins with a frank discussion about depression and goes on to show how even extroverted lawyers can benefit from her tips to the introvert.
Brooklyn Law School Library’s New Books List for October contains 10 print titles and 20 eBook titles. Among the print items are two on taxation both authored by BLS Professors. The first is Federal Taxation of Corporations and Corporate Transactions (KF6464.D43 2017) by Steven Dean and Bradley T. Borden. This first edition of Federal Taxation of Corporations and Corporate Transactions provides a comprehensive examination of tax principles with a unique practice-oriented approach to help students become practice ready with skills that they have developed in a setting that reflects practice in the real world. The casebook introduces students not only to transactional tax practice and the federal tax penalty regime, but also to the rules of professional ethics and the specific rules that govern professionals who practice tax law. It features an array of Deal Downloads that breathe life into complex material, presenting high-profile transactions involving Amazon, Apple, Ford and others.
The second title is Taxation and Business Planning for Partnerships and LLCs: 2017-2018: Client File: DD Pizza LLC (operating partnership) by Bradley T. Borden (Call Number KF6452.B673 2017). The materials in this Client File provide real-word problems, documents, and financials that direct the study of partnership taxation. They are an ideal accompaniment to partnership tax casebooks, especially the author’s own Taxation and Business Planning for Partnerships and LLCs. This first edition of the Client File includes memoranda and practice materials. It also includes recent developments that will not be in most casebooks. The Client File creates a practice setting that is ideal for studying issues that transactional tax attorneys’ clients face regularly.
The book is uniquely designed to help students become practice-ready with skills that they have developed in a setting that reflects actual practice. This new partnership tax casebook has several key features, including an accompanying client file created to help students learn the law in a practice-like setting. This comprehensive treatise-like casebook includes background information on non-tax topics, such as basic accounting and finance, concepts related to debt, and state-law entity transactions, as well as a general review of basic tax concepts that come up through the course of studying partnership taxation. The first edition of Taxation and Business Planning for Partnerships and LLCs also includes rules of conduct for attorneys and practice before the IRS.
The Brooklyn Law School Library New Books List for September is out with 32 print titles and 9 eBook titles. One of the items is Beyond Legal Reasoning: A Critique of Pure Lawyering (Call No. K212 .L57 2017) by Professor Jeffrey Lipshaw of Suffolk University Law School. In the book, the author addresses the concept of learning to “think like a lawyer,” one of the corners of legal education in the US and beyond. In his book, Professor Lipshaw provides a critique of the traditional views of “thinking like a lawyer” or “pure lawyering,” aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing examples from the intersection of real world law and business issues, the book argues the “pure lawyering” of traditional legal education is agnostic to either truth or moral value of outcomes. It offers a critique of pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors.
This book offers a way of getting beyond merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book is of interest to scholars of legal education, legal language, and reasoning as well as professors who teach both doctrine and thinking and writing skills to 1Ls and for anyone interested in seeking a perspective on “thinking like a lawyer” beyond the litigation field. Law students considering a career in transactional law are well advised to read it right away. Law students should read the book after the 1L year. Lawyers and academics should read it at any time, and judges right away.
Free access to the book is available here.
Brooklyn Law School Library’s New Books List for July 1, 2017 has 59 print titles and 30 eBook titles. Many of the titles deal with racial discrimination in the criminal justice administration and elsewhere, for example, He Calls Me By Lightning: The Life of Caliph Washington and the forgotten Saga of Jim Crow, Southern Justice, and the Death Penalty by S Jonathan Bass (Call No. E185.93. A3 B37 2017); Caught: The Prison State and the Lockdown of American Politics by Marie Gottschalk (Call No. HV9471. G667 2016); Homicide Justified: The Legality of Killing Slaves in the United States and the Atlantic World by Andrew T. Fede (E-Book); Killing the Black Body: Race, Reproduction, and the Meaning of Liberty by Dorothy Roberts (Call No. HV6533.L8 M37 2017); and Unequal: How America’s Courts Undermine Discrimination Law by Sandra F. Sperino and Suja A. Thomas (Call No. KF4755 .S965 2017).
More controversial is The Case for Impeachment by Allan J. Lichtman (Call No. KF5076.T78 L53 2017). Lichtman made headlines when he predicted that Donald J. Trump would defeat the heavily favored Democrat, Hillary Clinton, to win the presidential election. His latest book lays out the reasons Congress could remove Trump from the Oval Office: his ties to Russia before and after the election, the complicated financial conflicts of interest at home and abroad, and his abuse of executive authority. The book offers a fascinating look at presidential impeachments throughout American history, including the often-overlooked story of Andrew Johnson’s impeachment, details about Richard Nixon’s resignation, and Bill Clinton’s hearings. Lichtman shows how Trump exhibits many of the flaws (and more) that have doomed past presidents. As the Nixon Administration dismissed the reporting of Bob Woodward and Carl Bernstein as “character assassination” and “a vicious abuse of the journalistic process,” Trump has attacked the “dishonest media,” claiming, “the press should be ashamed of themselves.” Historians, legal scholars, and politicians alike agree: we are in politically uncharted waters—the durability of our institutions is being undermined and the public’s confidence in them is eroding, threatening American democracy itself. Most citizens—politics aside—want to know where the country is headed. Lichtman argues, with clarity and power, that for Donald Trump’s presidency, smoke has become fire.