From the blurb for Michael Wolff, Siege: Trump Under Fire, (Henry Holt, June 4, 2019):

Michael Wolff, author of the bombshell bestseller Fire and Fury, once again takes us inside the Trump presidency to reveal a White House under siege.

With Fire and Fury, Michael Wolff defined the first phase of the Trump administration; now, in Siege, he has written an equally essential and explosive book about a presidency that is under fire from almost every side. A stunningly fresh narrative that begins just as Trump’s second year as president is getting underway and ends with the delivery of the Mueller report, Siege reveals an administration that is perpetually beleaguered by investigations and a president who is increasingly volatile, erratic, and exposed.

An excerpt from the executive summary of Building the Data-Driven Law Firm, ed. by Alex Davies (Ark Group, May 2019):

Despite the huge amount of data in the average law firm, data-driven decision-making is relatively new and uncharted. With the knowledge that some 90 percent of data in the world today was created in the last two years, this needs to change.

Building the data-driven law firm looks at how the use of data has become inextricably linked with the practice of law; how it can be utilized to the good and the safeguards that must be put in place to mitigate the bad; how Big Data will revolutionize the way lawyers work, and the cases they will work on; and how new uses for data (including blockchain and the Internet of Things) will influence the law firm of the future.

Table of Contents:

Chapter 1: The data-driven mindset – the culture and habits of data-centric organizations

By David Curle, Director, Enterprise Content – Technology and Innovation, Thomson Reuters Legal Executive Institute

Chapter 2: The richness – and bias – of legal data

By Thomas Hamilton, VP of strategy and operations at ROSS Intelligence

Chapter 3: How to use data to make your business better

By Holly Urban, CEO and co-founder, EffortlessLegal LLC

Chapter 4: Using machine learning and AI to improve legal practice and drive value to stakeholders and clients

By Aaron Crews, chief data analytics officer, Littler

Chapter 5: Unlocking contractual data

By Edward Chan, partner, Linklaters LLP

Chapter 6: Mining litigation data

By Josh Becker, founder, Lex Machina

Chapter 7: How data is transforming the relationship between lawyer and client

By Jennifer Roberts, manager, strategic research, InTapp

Chapter 8: Blockchain and the data-driven law firm

By Robert Millard, founder and partner, Cambridge Strategy Group

Chapter 9: Legal aspects of data

By Joanne Frears, solicitor, Lionshead Law

Chapter 10: How data will enable the shift towards the productization of legal services

By Simon Drane, managing director of earlsferry advisory, former executive director of business development at the Law Society and LexisNexis

From the blurb for John Paul Stevens, The Making of a Justice: Reflections on My First 94 Year (May 14, 2019):

When Justice John Paul Stevens retired from the Supreme Court of the United States in 2010, he left a legacy of service unequaled in the history of the Court. During his thirty-four-year tenure, Justice Stevens was a prolific writer, authoring in total more than 1000 opinions. In THE MAKING OF A JUSTICE, John Paul Stevens recounts the first ninety-four years of his extraordinary life, offering an intimate and illuminating account of his service on the nation’s highest court.

Appointed by President Gerald Ford and eventually retiring during President Obama’s first term, Justice Stevens has been witness to, and an integral part of, landmark changes in American society.

With stories of growing up in Chicago, his work as a naval traffic analyst at Pearl Harbor during World War II, and his early days in private practice, as well as a behind-the-scenes look at some of the most important Supreme Court decisions over the last four decades, THE MAKING OF A JUSTICE offers a warm and fascinating account of Justice Stevens’ unique and transformative American life.This comprehensive memoir is a must read for those trying to better understand our country and the Constitution.

From the blurb for Andrew Coan, Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law (Oxford UP, 2019):

In this exceptionally timely book, law professor Andrew Coan explains what every American needs to know about special prosecutors – perhaps the most important and misunderstood public officials of our time.

The first special prosecutor was appointed by President Ulysses S. Grant in 1875, to investigate a bribery scandal involving his close friends and associates. Ever since, presidents of both parties have appointed special prosecutors and empowered them to operate with unusual independence. Also called special counsels and independent counsels, such appointments became a standard method for neutralizing political scandals and demonstrating the President’s commitment to the rule of law. Special counsel Robert Mueller is the latest example.

In Prosecuting the President, Andrew Coan offers a highly engaging look at the long, mostly forgotten history of special prosecutors in American politics. For more than a century, special prosecutors have struck fear into the hearts of Presidents, who have the power to fire them at any time. How could this be, Coan asks? And how could the nation entrust such a high responsibility to such subordinate officials? With vivid storytelling and historical examples, Coan demonstrates that special prosecutors can do much to protect the rule of law under the right circumstances.

Many have been thwarted by the formidable challenges of investigating a sitting President and his close associates; a few have abused the powers entrusted to them. But at their best, special prosecutors function as catalysts of democracy, channeling an unfocused popular will to safeguard the rule of law. By raising the visibility of high-level misconduct, they enable the American people to hold the President accountable. Yet, if a President thinks he can fire a special prosecutor without incurring serious political damage, he has the power to do so. Ultimately, Coan concludes, only the American people can decide whether the President is above the law.

From the Thomson Reuters’ Legal Current:

“In honor of the treatise’s anniversary, Thomson Reuters is pleased to present a podcast series throughout 2019 featuring Professor Arthur Miller, one of the founding authors of the treatise. Professor Miller will sit down with other scholars and thought leaders to discuss some of the challenges facing judges and practitioners in the federal court system today.

“In this first episode, we start off the series with a conversation between Professor Miller and Jean Maess, vice president of editorial operations at Thomson Reuters, about how the duo of Professors Wright & Miller developed Federal Practice & Procedure.”

H/T to Civil Procedure & Federal Courts Blog.

From the blurb for Jon Meacham, et al., Impeachment: An American History (Modern Library, 2018):

Impeachment is a double-edged sword. Though it was designed to check tyrants, Thomas Jefferson also called impeachment “the most formidable weapon for the purpose of a dominant faction that was ever contrived.” On the one hand, it nullifies the will of voters, the basic foundation of all representative democracies. On the other, its absence from the Constitution would leave the country vulnerable to despotic leadership. It is rarely used, and with good reason.

Only three times has a president’s conduct led to such political disarray as to warrant his potential removal from office, transforming a political crisis into a constitutional one. None has yet succeeded. Andrew Johnson was impeached in 1868 for failing to kowtow to congressional leaders—and, in a large sense, for failing to be Abraham Lincoln—yet survived his Senate trial. Richard Nixon resigned in August 1974 after the House Judiciary Committee approved three articles of impeachment against him for lying, obstructing justice, and employing his executive power for personal and political gain. Bill Clinton had an affair with a White House intern, but in 1999 he faced trial in the Senate less for that prurient act than for lying under oath about it.

In the first book to consider these three presidents alone—and the one thing they have in common—Jeffrey A. Engel, Jon Meacham, Timothy Naftali, and Peter Baker explain that the basis and process of impeachment is more political than legal. The Constitution states that the president “shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors,” leaving room for historical precedent and the temperament of the time to weigh heavily on each case. This book reveals the complicated motives behind each impeachment—never entirely limited to the question of a president’s guilt—and the risks to all sides. Each case depended on factors beyond the president’s behavior: his relationship with Congress, the polarization of the moment, and the power and resilience of the office itself. This is a realist view of impeachment that looks to history for clues about its potential use in the future.

From the blurb for John P. Wihbey, The Social Fact: News and Knowledge in a Networked World (MIT Press, Apr. 2019):

While the public believes that journalism remains crucial for democracy, there is a general sense that the news media are performing this role poorly. In The Social Fact, John Wihbey makes the case that journalism can better serve democracy by focusing on ways of fostering social connection. Wihbey explores how the structure of news, information, and knowledge and their flow through society are changing, and he considers ways in which news media can demonstrate the highest possible societal value in the context of these changes.

Wihbey examines network science as well as the interplay between information and communications technologies (ICTs) and the structure of knowledge in society. He discusses the underlying patterns that characterize our increasingly networked world of information—with its viral phenomena and whiplash-inducing trends, its extremes and surprises. How can the traditional media world be reconciled with the world of social, peer-to-peer platforms, crowdsourcing, and user-generated content? Wihbey outlines a synthesis for news producers and advocates innovation in approach, form, and purpose. The Social Fact provides a valuable framework for doing audience-engaged media work of many kinds in our networked, hybrid media environment. It will be of interest to all those concerned about the future of news and public affairs.

From the blurb for John Oller, White Shoe: How a New Breed of Wall Street Lawyers Changed Big Business and the American Century (Dutton, March 19, 2019):

The fascinating true story of how a group of visionary attorneys helped make American business synonymous with Big Business, and Wall Street the center of the financial world

The legal profession once operated on a smaller scale—folksy lawyers arguing for fairness and justice before a judge and jury. But by the year 1900, a new type of lawyer was born, one who understood business as well as the law. Working hand in glove with their clients, over the next two decades these New York City “white shoe” lawyers devised and implemented legal strategies that would drive the business world throughout the twentieth century. These lawyers were architects of the monopolistic new corporations so despised by many, and acted as guardians who helped the kings of industry fend off government overreaching. Yet they also quietly steered their robber baron clients away from a “public be damned” attitude toward more enlightened corporate behavior during a period of progressive, turbulent change in America.

Author John Oller, himself a former Wall Street lawyer, gives us a richly-written glimpse of turn-of-the-century New York, from the grandeur of private mansions and elegant hotels and the city’s early skyscrapers and transportation systems, to the depths of its deplorable tenement housing conditions. Some of the biggest names of the era are featured, including business titans J. P. Morgan and John D. Rockefeller, lawyer-statesmen Elihu Root and Charles Evans Hughes, and presidents Theodore Roosevelt, William Howard Taft, and Woodrow Wilson.

Among the colorful, high-powered lawyers vividly portrayed, White Shoe focuses on three: Paul Cravath, who guided his client George Westinghouse in his war against Thomas Edison and launched a new model of law firm management—the “Cravath system”; Frank Stetson, the “attorney general” for financier J. P. Morgan who fiercely defended against government lawsuits to break up Morgan’s business empires; and William Nelson Cromwell, the lawyer “who taught the robber barons how to rob,” and was best known for his instrumental role in creating the Panama Canal.

In White Shoe, the story of this small but influential band of Wall Street lawyers who created Big Business is fully told for the first time.

From the blurb for Robert Tsai, Practical Equality: Forging Justice in a Divided Nation (Norton, Feb. 2019):

A path-breaking account of how Americans have used innovative legal measures to overcome injustice—and an indispensable guide to pursuing equality in our time.

Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality at all—ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech—have often been used to overcome resistance to justice and remain vital today.

Practical Equality is an original and compelling book on the intersection of law and society. Tsai, a leading expert on constitutional law who has written widely in the popular press, traces challenges to equality throughout American history: from the oppression of emancipated slaves after the Civil War to the internment of Japanese Americans during World War II to President Trump’s ban on Muslim travelers. He applies lessons from these and other past struggles to such pressing contemporary issues as the rights of sexual minorities and the homeless, racism in the criminal justice system, police brutality, voting restrictions, oppressive measures against migrants, and more.

Deeply researched and well argued, Practical Equality offers a sense of optimism and a guide to pursuing equality for activists, lawyers, public officials, and concerned citizens.

From the blurb for Neal Devins & Lawrence Baum, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford UP, 2019):

As the eminent law and politics scholars Neal Devins and Lawrence Baum show in The Company They Keep, justices today are reacting far more to subtle social forces in their own elite legal world than to pressure from the other branches of government or mass public opinion. In particular, the authors draw from social psychology research to show why Justices are apt to follow the lead of the elite social networks that they are a part of. The evidence is strong: Justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and professional elites. In an era of strong partisan polarization, elite social networks are largely bifurcated by partisan and ideological loyalties, and the Justices reflect that division. The result is a Court in which the Justices’ ideological stances reflect the dominant views in the appointing president’s party. Justices such as Clarence Thomas and Ruth Bader Ginsburg live largely in a milieu populated by like-minded elites. Today’s partisanship on the Court also stems from the emergence of conservative legal networks such as the Federalist Society, that reinforce the conservative leanings of Republican appointees. For the Warren and Burger Courts, elite social networks were dominated by liberal elites and not divided by political party or ideology. A fascinating examination of the factors that shape decision-making, The Company They Keep will reshape our understanding of how political polarization occurs on the contemporary Supreme Court.

From the abstract for Rebecca Giblin, et al., Available – But not Accessible? Investigating Publisher e-lending Licensing Practices, Forthcoming, Information Research (expected June 2019):

Introduction: We report our mixed-methods investigation of publishers’ licensing practices, which affect the books public libraries can offer for e-lending.

Method: We created unique datasets recording pricing, availability and licence terms for sampled titles offered by e-book aggregators to public libraries across Australia, New Zealand, Canada, the United States and United Kingdom. A third dataset records dates of availability for recent bestsellers. We conducted follow-up interviews with representatives of 5 e-book aggregators.

Analysis: We quantitatively analysed availability, licence terms and price across all aggregators in Australia, snapshotting the competitive playing field in a single jurisdiction. We also compared availability and terms for the same titles from one aggregator across five jurisdictions, and measured how long it took for a sample of recent bestsellers to become available for e-lending. We used data from the aggregator interviews to explain the quantitative findings.

Results: Contrary to aggregator expectations, we found considerable intra-jurisdictional price and licence differences. We also found numerous differences across jurisdictions.

Conclusions: While availability was better than anticipated, licensing practices make it infeasible for libraries to purchase certain kinds of e-book (particularly older titles). Confidentiality requirements make it difficult for libraries to shop (and aggregators to compete) on price and terms.

H/T beSpacific.

For upper-level law students, law clerks, and attorneys, Paul D. Callister’s Field Guide to Legal Research (West Academic Publishing, Mar. 11, 2019) “is not another exhaustive treatise but a concise, working person’s guide to solving complex legal research problems. Much like a field guide, this book classifies problem types and matches them with appropriate legal research resources. It emphasizes “working the problem,” “problem typing,” and then application of problem types to the appropriate resources. Problems and exercises illustrate the application of constructs and techniques to particular situations. Coverage is much broader than in first-year legal research classes. The book includes problems based on government agencies, statistics, and even patent law. There are numerous “screen shots” and images to facilitate the learning process.” Recommended.

From the blurb for Vicky Ward, Kushner, Inc.: Greed. Ambition. Corruption. The Extraordinary Story of Jared Kushner and Ivanka Trump (St. Martin’s Press, Mar. 19, 2019):

Jared Kushner and Ivanka Trump are the self-styled Prince and Princess of America. Their swift, gilded rise to extraordinary power in Donald Trump’s White House is unprecedented and dangerous. In Kushner, Inc., investigative journalist Vicky Ward digs beneath the myth the couple has created, depicting themselves as the voices of reason in an otherwise crazy presidency, and reveals that Jared and Ivanka are not just the President’s chief enablers: they, like him, appear disdainful of rules, of laws, and of ethics. They are entitled inheritors of the worst kind; their combination of ignorance, arrogance, and an insatiable lust for power has caused havoc all over the world, and may threaten the democracy of the United States.

Ward follows their trajectory from New Jersey and New York City to the White House, where the couple’s many forays into policy-making and national security have mocked long-standing U.S. policy and protocol. They have pursued an agenda that could increase their wealth while their actions have mostly gone unchecked. In Kushner, Inc., Ward holds Jared Kushner and Ivanka Trump accountable: she unveils the couple’s self-serving transactional motivations and how those have propelled them into the highest levels of the US government where no one, the President included, has been able to stop them.

From the blurb for Kendall Svengalis, A Layperson’s Guide to Legal Research and Self-Help Law Books (New England Press 2018):

This unique and revolutionary new reference book provides reviews of nearly 800 significant self-help law books in 85 subject areas, each of which is proceeded by a concise and illuminating overview of the subject area, with links to online sources for further information. The appendices include the most complete directory of public law libraries in the United States. This is an essential reference work for any law, public, or academic library which fields legal questions or inquiries.

Highly recommended.

Here’s the blurb for Merchants of Truth: The Business of News and the Fight for Facts (Simon & Schuster, Feb. 5, 2019) by Jill Abramson:

Merchants of Truth is the groundbreaking and gripping story of the precarious state of the news business told by one of our most eminent journalists.

Jill Abramson follows four companies: The New York Times, The Washington Post, BuzzFeed, and VICE Media over a decade of disruption and radical adjustment. The new digital reality nearly kills two venerable newspapers with an aging readership while creating two media behemoths with a ballooning and fickle audience of millennials. We get to know the defenders of the legacy presses as well as the outsized characters who are creating the new speed-driven media competitors. The players include Jeff Bezos and Marty Baron (The Washington Post), Arthur Sulzberger and Dean Baquet (The New York Times), Jonah Peretti (BuzzFeed), and Shane Smith (VICE) as well as their reporters and anxious readers.

Merchants of Truth raises crucial questions that concern the well-being of our society. We are facing a crisis in trust that threatens the free press. Abramson’s book points us to the future.

From the blurb for Robert J. Norris, Exonerated: A History of the Innocence Movement (NYU Press, Feb. 5, 2019):

Documentaries like Making a Murderer, the first season of Serial, and the cause célèbre that was the West Memphis Three captured the attention of millions and focused the national discussion on wrongful convictions. This interest is warranted: more than 1,800 people have been set free in recent decades after being convicted of crimes they did not commit.

In response to these exonerations, federal and state governments have passed laws to prevent such injustices; lawyers and police have changed their practices; and advocacy organizations have multiplied across the country. Together, these activities are often referred to as the “innocence movement.” Exonerated provides the first in-depth look at the history of this movement through interviews with key leaders such as Barry Scheck and Rob Warden as well as archival and field research into the major cases that brought awareness to wrongful convictions in the United States.

Robert Norris also examines how and why the innocence movement took hold. He argues that while the innocence movement did not begin as an organized campaign, scientific, legal, and cultural developments led to a widespread understanding that new technology and renewed investigative diligence could both catch the guilty and free the innocent.

From the blurb for Mar-a-Lago: Inside the Gates of Power at Donald Trump’s Presidential Palace (Flatiron Books, Jan. 29, 2019) by Laurence Leamer:

To know Donald J. Trump it is best to start in his natural habitat: Palm Beach, Florida. It is here he learned the techniques that took him all the way to the White House. Painstakingly, over decades, he has created a world in this exclusive tropical enclave and favorite haunt of billionaires where he is not just president but a king. The vehicle for his triumph is Mar-A-Lago, one of the greatest mansions ever built in the United States. The inside story of how he became King of Palm Beach―and how Palm Beach continues to be his spiritual home even as president―is rollicking, troubling, and told with unrivaled access and understanding by Laurence Leamer.

In Mar-A-Lago, the reader will learn:

  • How Donald Trump bought a property now valued by some at as much as $500,000,000 for less than three thousand dollars of his own money.
  • Why Trump was blackballed by the WASP grandees of the island and how he got his revenge.
  • How Trump joined forces with the National Enquirer, which was headquartered nearby, and engineered his own divorce.
  • How by turning Mar-A-Lago into a private club, Trump was the unlikely man to integrate Palm Beach’s restricted country club scene, and what his real motives were.
  • What transpires behind the gates of today’s Mar-A-Lago during “the season,” when President Trump and assorted D.C. power players fly down each weekend.

In addition to copious interviews and reporting from inside Mar-A-Lago, Laurence Leamer brings an acute and unparalleled understanding of the society of Palm Beach, where he has lived for twenty-five years. He has written an essential book for understanding Donald Trump’s inner character.

From the blurb for Team of Vipers: My 500 Extraordinary Days in the Trump White House, (Thomas Dunne Books,  Jan. 29, 2019) by Cliff Sims:

After standing at Donald Trump’s side on Election Night, Cliff Sims joined him in the West Wing as Special Assistant to the President and Director of White House Message Strategy.

He soon found himself pulled into the President’s inner circle as a confidante, an errand boy, an advisor, a punching bag, and a friend. Sometimes all in the same conversation.

As a result, Sims gained unprecedented access to the President, sitting in on private meetings with key Congressional officials, world leaders, and top White House advisors. He saw how Trump handled the challenges of the office, and he learned from Trump himself how he saw the world.

For five hundred days, Sims also witnessed first-hand the infighting and leaking, the anger, joy, and recriminations. He had a role in some of the President’s biggest successes, and he shared the blame for some of his administration’s worst disasters. He gained key, often surprising insights into the players of the Trump West Wing, from Jared Kushner and John Kelly to Steve Bannon and Kellyanne Conway.

He even helped Trump craft his enemies list, knowing who was loyal and who was not.

And he took notes. Hundreds of pages of notes. In real-time.

Sims stood with the President in the eye of the storm raging around him, and now he tells the story that no one else has written―because no one else could. The story of what it was really like in the West Wing as a member of the President’s team. The story of power and palace intrigue, backstabbing and bold victories, as well as painful moral compromises, occasionally with yourself.

From the blurb for Unequal Profession: Race and Gender in Legal Academia (Stanford UP, 2019) by Meera E. Deo:

This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members.

Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes a number of mechanisms to increase diversity within legal academia and to improve the experience of all faculty members.

From the blurb for Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law (Oxford UP, Jan. 15, 2019) by Andrew Coan:

The first special prosecutor was appointed by President Ulysses S. Grant in 1875, to investigate a bribery scandal involving his close friends and associates. Ever since, presidents of both parties have appointed special prosecutors and empowered them to operate with unusual independence. Also called special counsels and independent counsels, such appointments became a standard method for neutralizing political scandals and demonstrating the President’s commitment to the rule of law. Special counsel Robert Mueller is the latest example.

In Prosecuting the President, Andrew Coan offers a highly engaging look at the long, mostly forgotten history of special prosecutors in American politics. For more than a century, special prosecutors have struck fear into the hearts of Presidents, who have the power to fire them at any time. How could this be, Coan asks? And how could the nation entrust such a high responsibility to such subordinate officials? With vivid storytelling and historical examples, Coan demonstrates that special prosecutors can do much to protect the rule of law under the right circumstances.

Many have been thwarted by the formidable challenges of investigating a sitting President and his close associates; a few have abused the powers entrusted to them. But at their best, special prosecutors function as catalysts of democracy, channeling an unfocused popular will to safeguard the rule of law. By raising the visibility of high-level misconduct, they enable the American people to hold the President accountable. Yet, if a President thinks he can fire a special prosecutor without incurring serious political damage, he has the power to do so. Ultimately, Coan concludes, only the American people can decide whether the President is above the law.