AN ATTORNEY RESPONSES TO THE PRISONERS DILEMMA
Hi Mel,
Thank you so much for the book! I really enjoyed reading it! A Civil Action was the first book assigned to me going into law school, and I learned a lot of lessons from Jan Schlichtman.
I like the way you started with the insertion of the Santa Clara case. I didn't know about that.
In future editions, I hope you will develop the characters more, especially the children. You want to take your reader to the brink of despair to make them outraged enough to want to change the law. In order to do this, you have to breathe more life into the characters and children so the reader identifies with them ("it could have been me!") Also, it would increase your chances of making it to the big screen.
In Chapter 7, add some footnotes to explain the cases.
Cite some reference to the $200k value for the life of a child. Draw this out more to outrage the reader.
I like the theories used to overturn corporate personhood. The combo of the 5th, 13th, and 14th Amendments are sound, though 13th Am litigation goes nowhere unless there is literal slavery. I thought the idea of slavery through stock ownership was brilliant, even if it wouldn't fly in real life.
You did a good job explaining the Santa Clara case in Chapter 10.
I like how you had the parents form a non profit to pay for the litigation. That's a big problem in our judicial system in litigating against deep pockets. Depositions can average around $10k, experts can be $10k each, plus factor in legal fees (usually $300/hr), motions, delays, other discovery costs. Justice doesn't come cheap!
I really liked "How to be an Expert Witness" in Chapter 18. It was spot on.
The quotes from Lincoln, Jefferson, T, Roosevelt, and J's Black and Douglas against corporations were interesting.
Chapter 24 had some good advice about sticking it to corporations and defeating databases.
I liked Prison's Dilemma and Tragedy of the Commons and believe all law schools should utilize these exercises. I am glad that you are doing it with your students.
I love your shameless plug on page 214! LOL!
Good job portraying the back door deals of SCOTUS. (Supreme Court of the United States)
The 5th Am bootstraps the 14th Am protections to the federal government. The 14th Am proscribes State conduct ("No State shall..."), so the Court used the 5th AM’s Due Process clause to apply the 14th Am to D.C. and other fed gov entities. The Due Process Clause applies to substantive and procedural due process. Substantive rights are narrowly defined and the Court refuses to sculpt new rights. There is a substantive right to petition the court to redress grievances, and this right is imperiled when fighting deep-pocket entities. However, under our current Justices, there is virtually no chance of winning under this argument even though it is legally sound.
Procedural due process only requires sufficient notice and the opportunity to be heard. It could be argued that a lack of money to fund litigation is a violation of the right to be heard, but the Court would rule that a party could proceed pro se and ask for reimbursement of costs (if successful) or forego expensive discovery all together. The ABA is fighting to push a right to counsel for civil matters, but this has not been successful. If this ever comes to pass, your 5th Am arguments might have some weight.
You're better off lobbying legislators to change the law or broaden exceptions to "pierce the corporate veil." A constitutional amendment is highly unlikely, so the best chance is to work within the laws we already have.
Your plaintiff’s brief was excellent! Well done!
Julie Milner
Law Offices of Milner & Zheng
5 East Broadway, Suite 302
New York, NY 10038
(212) 227-8669
Oh I forgot to mention that I was happy with how the story ended with a new relationship and the tour.
