Wednesday, November 24, 2021

Book Review: The Law Says What?

Looking for a gift for a pre-law student? Look no further: 

Book Review of “The Law Says What? Stuff You Didn’t KnowAbout the Law (but Really Should!)” authored by Maclen Stanley (TCK Publishing 2021, 178 pages)

As proclaimed in its subtitle, the recently published, short book titled “The Law Says What?” aims “to introduce you to the interesting, weird, and sometimes irritating things that you didn’t know about the law, but really should.” But who is the “you” intended as the audience here? The book intends to “highlight just how quirky and bizarre the law can actually be.” But any practicing lawyer already knows this—and indeed already has familiarity with the “foundational tenets” that are explored. In short, this book is not directed to members of the bar. Nonetheless, having been sent a copy to review, here goes.

To begin, as noted, this book is for a lay audience. Indeed, it expressly refers to budding screenwriters, urging them to actually learn something about the law so that their fictional work is not absurdly wrong on the law. To make reading easy for non-lawyers, cases are cited by name only, with reporter citations relegated to a bibliography. Early on the book defines basic legal terms like “plaintiff” and “The Constitution.” In many respects, this book presents like a Dummies Guide to basic legal concepts.

The book begins by addressing the relationship between the public and the police, and proceeds to cover various issues of crime and punishment, including searches and seizures, double-jeopardy, felony murder, mens rea, and self-defense. These are legal topics often of interest to those with no formal legal training. Subsequent chapters address civil rights, abortion, defamation, strict liability, federalism, preemption, the Commerce Clause, adverse possession, respondeat superior, and the Electoral College (i.e., why “an individual’s vote in Wyoming carries about four times more influence than a vote in California”). There is an explanation of the differences between criminal law versus civil law, as well as fundamentals on employment and landlord tenant law. In sum, the book introduces topics that connect everyday life—and everyday current events—with the law.

The tone strives to be conversational and entertaining, verging towards the cute—arguably too cute. But if you don’t mind sentences like, “concepts of probable cause and reasonableness are also greyer than George Clooney’s marvelous hair,” then you won’t mind. The puns and rhetorical asides are designed to maintain interest. But readers must be prepared for lines like “tort law has absolutely nothing to do with delicious chocolate tortes” and “different states can have wildly different laws.”

Points are developed with references to both classic case law as well as amusing anecdotes and infamous cases in the public eye, e.g., O.J. Simpson and the McDonald’s hot coffee case. California law and precedent are often invoked. (Which is not surprising, given that the author practices law here.) One primary goal of the book is to dispel silly notions about the law for those whose legal education comes from TV shows and movies like The Dukes of Hazzard and Home Alone. Topics range from traditional law school fare to cutting edge contemporary issues, e.g., why ride-sharing gig-economy companies have independent contractors instead of employees.

The latter part of the book addresses the court system, covering voir dire, peremptory challenges, jury nullification, and grand juries. The book concludes on a purely humorous note, with memorable transcriptions from real cases.

Most Americans are woefully ignorant about the law. This book is a good remedy. More than a mere compilation of “fun” or “quirky” laws (e.g., in Tennessee it is illegal to hold public office you’ve ever been in a duel; it is illegal to practice fortunetelling or astrology in one Oregon county), the focus is to educate without boring and to encourage “thinking like a lawyer.”

"The Law Says What?" seems most suitable for precocious high schoolers or pre-law college students. First year law students might benefit as well, though they probably have enough reading material already. Apart from those aspiring to enter the law, this book might also be welcome by non-lawyers who are lawyer-adjacent, e.g., significant others of law students and lawyers.

Here is the link to the book: The Law Says What

TCK Publishing: https://www.tckpublishing.com/

Author's website: https://www.maclenstanley.com/