Washington Lawyer - November/December 2020 - 50

WORTH READING
PRICE OF JUSTICE continued from page 48
organizations, institutions, and people who fail
to serve, or who harm, the public interest; avoid
being co-opted by them; and challenge them
when necessary to ensure that justice is served,
especially for the "underdog."
The book's conclusion recognizes that those
who find fault with existing systems should
propose answers or at least approaches for
addressing them. Among the interconnected
initiatives it will take to move the needle on
justice reform, Goldfarb outlines tasks for law
schools, professional organizations, the pro
bono system, as well as government and
private sector lawyers. He advocates for a reorientation of legal instruction to reduce costs,
provide hands-on public service apprenticeships, emphasize civility, and internalize a
higher sense of duty to aid those unable to
afford legal fees. Public servants, including
prosecutors and judges, should be closely
monitored and held accountable by independent entities for lapses in their professional
responsibilities. Goldfarb also calls for public
legal aid programs, both criminal and civil, to

be funded "to a level at least equal to prosecution offices and public officials."

and a wider range of perspectives on how to
tackle the problems.

In a recent interview with this reviewer,
Goldfarb, who is a prolific writer and legal
commentator, explained that The Price of
Justice is not intended as a professional memoir,
although it reflects a culmination of his experiences, research, and thinking over a lifetime in
legal practice. (He's also written fiction under
the pen name R. L. Sommer; his most recent
legal ethics dilemma and love story drama,
Recusal, was inspired by Supreme Court Justice
Brett Kavanaugh's Senate confirmation
hearings.)

Goldfarb recognizes that those most likely
to read The Price of Justice already share his
outlook, particularly given the foreword by
Sen. Bernie Sanders. It will hold greatest appeal
for those who want a survey of flaws in the
criminal and civil justice systems, ideas on
possible reforms to address them, and a wealth
of reflection on what it means to practice law
"in the public interest" without compromising
one's personal morality.
Regardless of one's viewpoint, there's a message
for all in the book. As the author put it in our
interview, "I want people to think about how
they live their lives, to consider what we want
our obituaries to say about our life's work, and
ultimately be admired for our contributions as
lawyers to a more just society." It's hard to
argue with that goal.

With its wide-ranging topics and diverse
examples - some real, some fictional; others
current or decades old - The Price of Justice
succeeds in raising reader awareness of the
multifaceted challenges that keep our legal
system from living up to its "equal justice for
all" promise. As an overall impression, however,
the book may have prioritized scope over
depth. It would have benefited from a more
cohesive, systematic organization, greater
depth of analysis of competing policy choices,

Kathleen Troy, an attorney and founder of
strategic general counseling, practices in the
Washington, D.C., area.

MARRIAGE EQUALITY

Harold Shapiro

devotion as traditional marriages," the authors
write.

arguments against marriage equality took a
hit," write the authors.

Marriage equality's "Cinderella moment" came
in 2003, when popular opinion began to turn
in favor of same-sex marriage. It was also the
year of the Goodridge v. Department of Public
Health decision legalizing same-sex marriage
in Massachusetts. "When the sky did not fall
upon the commonwealth, when polygamy
did not gain traction, when children reared
in lesbian
and gay
families
turned out
fine, and when
marriage
rates went
up and
divorce rates
fell in the
years after the
decision, the
standard
Pandora's
WILLIAM N. ESKRIDGE JR. box of

Beyond the copious discussion of the legal
and legislative maneuvering along the path
to marriage equality, another fascinating aspect
of the book is the number of personal stories.
Among the stars of the book are Mary Bonauto,
lead counsel in Goodridge, and Edie Windsor,
lead plaintiff in the 2013 landmark Supreme
Court case United States v. Windsor. "No one
had waited longer than Edie Windsor, who
sat right behind counsel's table and was
treated to one of the most intellectually
exciting oral arguments of the 21st century,"
the authors write.

50 WASHINGTON LAWYER

*

Eskridge and Riano remind readers that the fight
for LGBTQ rights didn't end with Obergefell. The
recent U.S. Supreme Court decision Bostock v.
Clayton County, which held that Title VII of the
Civil Rights Act of 1964 protected employees
against discrimination on the basis of sexual
orientation or gender identity, grew out of the
social movement that brought marriage
equality, Eskridge says.

NOVEMBER/DECEMBER 2020

Brian Gorman

continued from page 49

Riano imagines
that Marriage
Equality is the
perfect book
for younger
generations.
"I want people
who are my
age to have
something like
this, so they
can look back
and realize this
CHRISTOPHER R. RIANO
didn't happen
without 50 years of struggle." Eskridge chuckles
as he says the book "would make a great
wedding gift." Even more, it's a great legal
story, he says. "It was almost an unprecedented
legal turnaround from a complete rout in the
'90s to complete triumph in 2015," he says. "In
less than 20 years!"
Debra Bruno is a D.C. journalist who writes for the
Washington Post, Washingtonian magazine,
and other publications.
Washington Lawyer - November/December 2020

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