Justice: Crimes, Trials, and Punishments
by Dominick Dunne
from Three Rivers Press
"In my everyday life over the last fifty years, it has been my curious lot to move among the rich and famous and powerful, always as an outsider, always listening, watching, remembering."
Writing about the crimes of the rich and famous for Vanity Fair with this insider's status, Dominick Dunne has borne witness to the often bizarre personalities who surround high-profile cases and their telling intimacies. Andrea Reynolds, for instance, dressed only in a negligee and jewelry, insists that her jewels are finer than those of the comatose woman in whose apartment she resides and whom her lover, Claus von Bulow, is charged with attempting to murder. The essays in Justice offer a fascinating, disturbing, and wry look at the cast of a half dozen high-profile trials, including Lyle and Erik Menendez, who murdered their affluent parents; Marvin Pancoast, who beat the $18,000-a-month mistress of Alfred Bloomingdale to death with a baseball bat; the multibillionaire banker Edmund Safra, who suffocated in his own bunker-like bathroom in Monaco; and the gossiping members of Los Angeles society during "All O.J., All the Time."
The most moving story by far is the title piece, about the murder of Dunne's daughter, the actress Dominique Dunne, by her ex-boyfriend, who walked away with a pitifully light sentence thanks to the extremes taken by his defense lawyer and the vanity of the judge. While the succeeding stories don't have the same poignancy, Dunne still makes them personal--after all, he knows many of those involved, and justice truly is personal for him. In fact, it is this moral authority that enables him to enter the strange universe of high-society crime and write about it with no pretense of objectivity, but rather with rage toward the short shrift justice is so often given in celebrity cases. The counterpoint to his anger is a delicious irony in the form of fascinating subplots, jet-set gossip, and terrific quotes straight from some of the horses' mouths. Dunne has both a sharp sense of the absurd and a trenchant eye for injustice in any form. --Lesley Reed
For more than two decades, Vanity Fair has published Dominick Dunne’s brilliant, revelatory chronicles of the most famous crimes, trials, and punishments of our time. Here, in one volume, are Dominick Dunne’s mesmerizing tales of justice denied and justice affirmed. Whether writing of Claus von Bülow’s romp through two trials; the Los Angeles media frenzy surrounding O.J. Simpson; the death by fire of multibillionaire banker Edmond Safra; or the Greenwich, Connecticut, murder of Martha Moxley and the indictment—decades later—of Michael Skakel, Dominick Dunne tells it honestly and tells it from his unique perspective. His search for the truth is relentless.
With new essay, “Mourning In New York,” about September 11, 2001.
The Success of Open Source
by Steven Weber
from Harvard University Press
Much of the innovative programming that powers the Internet, creates operating systems, and produces software is the result of "open source" code, that is, code that is freely distributed--as opposed to being kept secret--by those who write it. Leaving source code open has generated some of the most sophisticated developments in computer technology, including, most notably, Linux and Apache, which pose a significant challenge to Microsoft in the marketplace. As Steven Weber discusses, open source's success in a highly competitive industry has subverted many assumptions about how businesses are run, and how intellectual products are created and protected.
Traditionally, intellectual property law has allowed companies to control knowledge and has guarded the rights of the innovator, at the expense of industry-wide cooperation. In turn, engineers of new software code are richly rewarded; but, as Weber shows, in spite of the conventional wisdom that innovation is driven by the promise of individual and corporate wealth, ensuring the free distribution of code among computer programmers can empower a more effective process for building intellectual products. In the case of Open Source, independent programmers--sometimes hundreds or thousands of them--make unpaid contributions to software that develops organically, through trial and error.
Weber argues that the success of open source is not a freakish exception to economic principles. The open source community is guided by standards, rules, decisionmaking procedures, and sanctioning mechanisms. Weber explains the political and economic dynamics of this mysterious but important market development.
(20040416)No Contest: Corporate Lawyers and the Perversion of Justice in America
by Ralph Nader
from Random House
The most controversial section of this ringing denunciation of corporate law is that on tort reform, which Ralph Nader, the consumer advocate and 1996 Green Party Presidential candidate, and Wesley J. Smith denounce as "tort deform" measures sure to further insulate corporations from the damage wrought by pollution and dangerous products. But Nader has never shied from controversy, and this series of case studies attacks confidential settlements in injury cases, state ethics boards, and links between high-power corporate lawyers and government officials with an equal measure of indignation and reformist zeal.
The legal rights of Americans are threatened as never before. In No Contest, Ralph Nader and Wesley J. Smith reveal how power lawyers--Kenneth Starr perhaps the most notorious among them--misuse and manipulate the law at the expense of fairness and equity. Nader and Smith document how corporate lawyers
  File baseless lawsuits
  Use court secrecy to their unfair advantage
  Engage in billing fraud
Nader and Smith sound the warning that this system-wide abuse is eroding our basic legal rights, and propose a positive, commonsense vision of what should be done to reverse the corporate-inspired corruption of civil justice. Timely, incisive, and highly readable, this is a book for all citizens who believe that prompt access to justice is the backbone of democracy, and a precious right to be reclaimed.
Devil's Knot : The True Story of the West Memphis Three
by Mara Leveritt
from Atria
On the evening of May 5, 1993, in the small town of West Memphis, Arkansas, three eight-year-old boys disappeared. The next afternoon, the naked bodies of Stevie Branch, Christopher Byers, and Michael Moore were found submerged in a nearby stream. The boys had been bound from ankle to wrist with their own shoelaces and severely beaten. Christopher had been castrated.
The crime scene had yielded few clues, and despite Christopher's castration, there was a remarkable absence of blood. The police were stymied, and citizens' alarm mounted as weeks passed without an arrest. Finally, a month after the murders, detectives announced three arrests -- and a startling theory of the crime: that the children had been killed by members of a satanic cult.
Detectives attributed their break in the case to a former special education student, seventeen-year-old Jessie Misskelley Jr. Although Jessie insisted he knew nothing of the crime, after eight hours of questioning, police announced that he had implicated himself and accused two other teenagers, eighteen-year-old Damien Echols and sixteen-year-old Jason Baldwin. Damien and Jason both denied Jessie's account, and Jessie himself recanted it within hours, but by then all three had been charged with the murders.
With no physical evidence connecting anyone to the crime, prosecutors contended that the murders bore signs of "the occult" and that the three accused teenagers possessed a "state of mind" that pointed to them as the killers. As proof of the defendants' mental states, they introduced items taken from their rooms -- such as books by Anne Rice and album posters for the rock group Metallica. Jurors found all three teenagers guilty. Jessie and Jason were sentenced to life in prison. Damien was sentenced to death.
While the verdicts were popular in Arkansas, an HBO documentary raised questions about the lack of evidence in the case, and a Web site was formed to support the inmates, now known as "The West Memphis Three." When the Arkansas Supreme Court affirmed the verdicts, state officials insisted that anyone who questioned the trials simply did not know "the facts."
Now, for the first time, an award-winning investigative reporter examines that official stand. In riveting narrative, Devil's Knot draws readers into the drama of a modern-day courtroom dominated by references to Satan. In laying out "the facts" of this still-unfolding case, it offers a frightening look into America's system of justice.
"On the evening of May 5, 1993, in the small town of West Memphis, Arkansas, three eight-year-old boys disappeared. The next afternoon, the naked bodies of Stevie Branch, Christopher Byers, and Michael Moore were found submerged in a nearby stream. The boys had been bound from ankle to wrist with their own shoelaces and severely beaten. Christopher had been castrated. The crime scene had yielded few clues, and despite Christopher's castration, there was a remarkable absence of blood. The police were stymied, and citizens' alarm mounted as weeks passed without an arrest. Finally, a month after the murders, detectives announced three arrests -- and a startling theory of the crime: that the children had been killed by members of a satanic cult. Detectives attributed their break in the case to a former special education student, seventeen-year-old Jessie Misskelley Jr. Although Jessie insisted he knew nothing of the crime, after eight hours of questioning, police announced that he had implicated himself and accused two other teenagers, eighteen-year-old Damien Echols and sixteen-year-old Jason Baldwin. Damien and Jason both denied Jessie's account, and Jessie himself recanted it within hours, but by then all three had been charged with the murders. With no physical evidence connecting anyone to the crime, prosecutors contended that the murders bore signs of ""the occult"" and that the three accused teenagers possessed a ""state of mind"" that pointed to them as the killers. As proof of the defendants' mental states, they introduced items taken from their rooms -- such as books by Anne Rice and album posters for the rock group Metallica. Jurors found all three teenagers guilty. Jessie and Jason were sentenced to life in prison. Damien was sentenced to death.
Suburban Sweatshops: The Fight for Immigrant Rights
by Jennifer Gordon
from Belknap Press
Jorge Bonilla is hospitalized with pneumonia from sleeping at the restaurant where he works, unable to afford rent on wages of thirty cents an hour. Domestic worker Yanira Juarez discovers she has labored for six months with no wages at all; her employer lied about establishing a savings account for her. We live in an era of the sweatshop reborn.
In 1992 Jennifer Gordon founded the Workplace Project to help immigrant workers in the underground suburban economy of Long Island, New York. In a story of gritty determination and surprising hope, she weaves together Latino immigrant life and legal activism to tell the unexpected tale of how the most vulnerable workers in society came together to demand fair wages, safe working conditions, and respect from employers. Immigrant workers--many undocumented--won a series of remarkable victories, including a raise of thirty percent for day laborers and a domestic workers' bill of rights. In the process, they transformed themselves into effective political participants.
Gordon neither ignores the obstacles faced by such grassroots organizations nor underestimates their very real potential for fundamental change. This revelatory work challenges widely held beliefs about the powerlessness of immigrant workers, what a union should be, and what constitutes effective lawyering. It opens up exciting new possibilities for labor organizing, community building, participatory democracy, legal strategies, and social justice.
(20050301)Outrage: The Five Reasons Why O.J. Simpson Got Away With Murder
by Vincent Bugliosi
from Island Books
Here at last is the account of the O.J. Simpson case that no one else has dared to write, that no one else could write. In Outrage, the famed prosecutor of Charles Manson and bestselling author of Helter Skelter goes to the heart of the trial that divided the country and made a mockery of justice.  Vincent Bugliosi, who never lost a murder case, brilliantly outlines the five reasons why O.J. Simpson got away with murder: the worst possible jury, a sloppy and incomplete prosecution, a fatal change of venue, judicial error that allowed the defense to play the race card, and a weak summation and rebuttal that barely addressed the defense's frame-up and conspiracy theories. He reveals:
--The offer Marcia Clark and Bill Hodgman should never have refused.
--The bluff that saved the defense's cardboard case.
--What Deputy Sheriff Jeff Stuart overheard when Rosey Grier visited Simpson in jail.
--The 17 words Johnnie Cochran used to cover his argument that could have been his undoing if caught.
--Why the jurors never heard Simpson's first police interview-- filled with self-incriminating statements that alone could have convicted him of murder.
1.  What mistake in jury selection could have cost Marcia Clark the trial--even before she argued the case?
2. What did Simpson do to make sure the gloves wouldn't fit?
3. How did Judge Ito's behavior towards Marcia Clark prejudice the jury?
4. Why did the prosecutors suppress Simpson's "smoking gun"?
5. How did Johnnie Cochran con the jury?
6. Who might really have suggested that Simpson try on the evidence gloves?
The United States of America versus Theodore John Kaczynski: Ethics, Power and the Invention of the Unabomber
by Michael Mello
from Context Publications
The Unabomber case both captivated and worried Americans, prodded by extensive media coverage of his 17-year-long spree of terrorist "anti-technology" attacks. Few of us were prepared to deal with the likes of a Ted Kaczynski--who he was, what he did, what he believed in and stood for. When Kaczynski emerged from hiding in his absurd shack in the mountains with his piles of anti-technology literature, the image of the unruly bearded man in a bright orange jumpsuit burned into our collective unconscious. We haven't yet been able to shake the sight. Such is Michael Mello's thesis, which he elaborates in this masterful account of the legal side of the Unabomber story. Mello, both an accomplished journalist and a notorious defense attorney (he represented serial killer Ted Bundy), actually spent time as an advisor to the Kaczynski defense team during pretrial proceedings; his perceptions are, he freely admits, skewed toward the defense in this case, particularly in matters of procedure. Yet the book never reads like propaganda. Instead, Mello opens up new lines of inquiry into the manner in which the United States government handled its prosecution of the case. With a biting, trenchant approach, he unfolds layer upon layer of the fascinating case and opens it to public view. He also constructs an eerie parallel between Kaczynski's case and abolitionist John Brown, who was executed by the government in the 19th century after his raid on Harpers Ferry. Is it fair, Mello asks, that we should remember Brown as a civil rights martyr and Kaczynski as a comical, albeit defanged, monster? This is fascinating reading, regardless of whether or not you agree with Mello's take on the case. --Tjames Madison
On January 22, 1998, Theodore John Kaczynski, Montana recluse and accused Unabomber, pled guilty and received three life sentences after a dramatic behind-the-scenes legal struggle. Kaczynski was written off by most as a vicious sociopath or Luddite eco-terrorist, and revered by a few as a modern-day John Brown defending a utopian vision at all costs.
In this provocative analysis, Professor Michael Mello, who informally advised the Unabomber defense team, sifts through the media circus, court transcripts, and his own friendship with Kaczynski to expose the conflicts of interest and ideological forces that led to one of the most famous non-trials in legal history. Mello's book is an up-close look at a man who got lost in a system that could not accommodate him because it could not imagine him.
The Trouble with Principle
by Stanley Fish
from Harvard University Press
Stanley Fish is an equal opportunity antagonist. A theorist who has taken on theorists, an academician who has riled the academy, a legal scholar and political pundit who has ruffled feathers left and right, Fish here turns with customary gusto to the trouble with principle. Specifically, Fish has a quarrel with neutral principles. The trouble? They operate by sacrificing everything people care about to their own purity. And they are deployed with equal highmindedness and equally absurd results by liberals and conservatives alike.
In this bracing book, Fish argues that there is no realm of higher order impartiality--no neutral or fair territory on which to stake a claim--and that those who invoke one are always making a rhetorical and political gesture. In the end, it is history and context, the very substance against which a purportedly abstract principle defines itself, that determines a principle's content and power. In the course of making this argument, Fish takes up questions about academic freedom and hate speech, affirmative action and multiculturalism, the boundaries between church and state, and much more. Sparing no one, he shows how our notions of intellectual and religious liberty--cherished by those at both ends of the political spectrum--are artifacts of the very partisan politics they supposedly transcend. The Trouble with Principle offers a provocative challenge to the debates of our day that no intellectually honest citizen can afford to ignore.
Damages
by Barry Werth
from Simon & Schuster
On April 1, 1984, Donna Sabia went into labor expecting twins. But one of the babies arrived stillborn, while the other--Anthony Jr.--was barely alive, with an Apgar score (rating newborn vitality on a scale of 0 to 10) of 1. In the following years, he suffered from spastic quadriplegia, cerebral palsy, and cortical blindness, and would require lifelong medical attention costing millions of dollars just to survive. The Sabias' lawyers faulted Donna's maternity clinic and the delivering physician for her son's condition, initiating a 7-year lawsuit on the claim that a simple $40 ultrasound could have eliminated incalculable suffering and catastrophic expense.
Damages is a careful analysis of how the fields of law and medicine intersect in the realm of medical malpractice, where lawyers sue not only to redress suffering but to make sure that doctors and hospitals are more vigilant in the future, if only to avoid being sued again. Werth leads readers carefully through the litigation, from the deposing of expert witnesses, through the preparation for trial, to the posturing of settlement negotiations. Always firmly aware that lawyers sue doctors on behalf of human beings, however, he reveals the emotional and psychological consequences of a civil justice system that is often neither civil nor just. Werth explains esoteric legal and medical procedures in understandable terms that laypeople will not find condescending, while describing the human side of the Sabias' case without patronizing attorneys and physicians. Ultimately, Damages is the chronicle of a devoted family braving a medical malpractice industry in which the decision-making process on both sides is governed by a cost-benefit analysis that leads, perhaps inevitably, to the commodification of human life. "Even after a big verdict," Werth quotes one malpractice lawyer, "I'm suffering because all I could get my clients, who've been brutalized by the most appalling malpractice, was money." --Tim Hogan
When Donna Sabia went into labor on April 1, 1984, she was expecting healthy twins. Instead, one baby was stillborn-and the other just barely clung to life. Caring for their son would exhaust the Sabias emotionally, financially, and physically, and put a nearly lethal strain on their marriage-but after deciding that a lawsuit might bring them some relief, they discovered that what it brought was a seven-year-long maelstrom of conflict, stress, and further expense. This examination of the Sabia family's story brings us not only into their lives but into the lives of the doctors, lawyers, insurance carriers, and countless other players in this heartrending tale of human sorrow which is also, in the words of The San Francisco Chronicle, "a disturbing biopsy of a system in serious need of an overhaul."
Here is the book that A Civil Action fans have been waiting for.
--Praised for its "meticulous detail" (San Diego Union Tribune), Damages is already being used in law-school courses
--A timely, serious, evenhanded book that gives a human face to the health-care crisis
--Takes readers behind the scenes of both the legal and medical professions
Revenge of the Pequots: How a Small Native American Tribe Created the World's Most Profitable Casino
by Kim Isaac Eisler
from Simon & Schuster
Kim Isaac Eisler begins Revenge of the Pequots with a fascinating anecdote: a 1994 phone call between President Clinton and Skip Hayward, the chief of Connecticut's Pequot tribe. Here was the most powerful man in the country thanking Hayward for political campaign contributions totaling half a million dollars--a dramatic reversal from the standard story of American Indians begging the federal government for financial assistance. Eisler calls the incredible Pequot story "one of the greatest about-faces in American history, [how] this obscure Indian tribe, which in 1994 had been federally recognized for only ten years and numbered fewer than 200 people, had nothing if not plenty of cash."
They were (and are) the richest tribe in the United States, and they've done it all on gambling proceeds. The Foxwoods High Stakes Bingo and Casino complex, located in southeastern Connecticut, is "one of the most successful cash-producing enterprises in the world," says Eisler, and a destination for some 25,000 gamblers every day. The entrepreneurial Hayward is at the center of the book's plot, along with a talented lawyer named Tom Tureen, as they carefully go about winning federal recognition for the Pequots and then building Foxwoods. All of this was extremely controversial, with questions about the legitimacy of the Pequots' claims and the probity of their business. (Eisler is considerably more sympathetic to their story than another book on the same subject, Jeff Benedict's Without Reservation.)
The remote descendants of the Pequots had exacted from the system more than a small dose of revenge. They had turned a government, which for four centuries had committed brutal acts of oppression and termination, into knots. Using the same legal processes that had been used against American Indians for so long, they had trumped the ruling class and implausibly become the wealthiest Indian tribe in the history of North America.... Skeptics could and would argue endlessly about whether the new Pequots were or were not authentic Indians, although no one had questioned their right to declare themselves Pequots when they were poor.Eisler is a veteran of magazine feature writing, and he describes this rags-to-riches accomplishment in great detail, all of it engrossing. --John J. Miller
In the mid-1970s, the Mashantucket Pequot tribe had only one member -- an elderly woman who pleaded with her grandson to come live on the impoverished reservation and save it from falling into government hands upon her death. In Revenge of the Pequots, journalist Kim Isaac Eisler tells the remarkable story of how Richard "Skip" Hayward, then an unemployed ship-worker, granted his grandmother's dying wish, revived the moribund clan, and transformed the Pequots into the richest and most influential band of Native Americans in history.
Established in 1992, Foxwoods Resort and Casino is the world's most profitable gambling establishment, grossing over $1 billion a year at its sprawling complex in the backwoods of Ledyard, Connecticut. Making use of arcane laws and court decisions never intended to benefit Native Americans as they have, Hayward brilliantly laid the groundwork for this staggering economic empire. In a story rife with drama, he challenged a succession of Connecticut governors and such worthy adversaries as casino moguls Steve Wynn and Donald Trump, while forming alliances with Malaysian industrialist Lim Goh Tong, renegade Seminole chief James Billie, and President Bill Clinton. As a result of Hayward's strategizing, for one of the few times in history -- and in a truly ironic reversal -- the bizarre legal structure governing Native Americans actually worked to their advantage in a mainstream enterprise. But the Pequots' meteoric rise to fortune has left many wondering: Is this turnabout fair play?
In this riveting rags-to-riches tale, Eisler deftly explores the wide-ranging issues that have framed the great Native American casino debate and the ramifications of the Native American casino boom in a nation still uneasy about its roots.
In the mid-seventies, the Pequot tribe had only one member -- an elderly woman who would beg her grandson to come live on the reservation and save it from falling into government hands upon her death. Award-winning journalist Kim Isaac Eisler tells the remarkable story of how Richard "Skip" Hayward, then an unemployed ship-worker, granted his grandmother's wish, revived the dying clan, and transformed the Pequots into the richest and most influential band of Native Americans in history. Making use of ancient laws and court decisions never intended to benefit Native Americans the way they have, Hayward single-handedly laid the groundwork for Foxwoods and its tremendous success. In a story rife with drama, he faced Connecticut governors, and such worthy adversaries as Steve Wynn and Donald Trump, and formed controversial alliances with Malaysian moneyman Lim Goh Tung, renegade Seminole Chief James Billie, and Bill Clinton. And for one of the first times in history -- a truly ironic reversal -- the bizarre legal structure governing Native-Americans worked to their advantage in a mainstream enterprise. Eisler deftly explores the wide-ranging issues that have framed America's great casino debate, and the ramifications of the Native-American casino boom in a nation still fearful of its Native-American roots.
+++
