Good Law | Bad Law - Aaron Freiwald

Summer Hiatus Jun 18, 2021

Thank you for everything! We’ll see you in August!

Juul on Fire: A Conversation w/ Jamie Ducharme Jun 11, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and journalist, Jamie Ducharme, of TIME, to discuss JUUL, her new book, Big Vape: The Incendiary Rise of Juul, and what the future may look like for e-cigarettes in general.

In today’s conversation, Aaron and Jamie delve into “the JUUL” story touching on the dubious decisions the company made as far as marketing to how JUUL Labs mismanaged its response to resale issues and the “dealing JUUL” phenomenon. Jamie explains her interpretation of the research that she’s found as far as less dangerous alternatives to traditional combustible cigarettes as she and Aaron examine JUUL in the larger context of the public health crisis. Is history repeating itself? How does JUUL compare to “Big Tobacco?” Today, Jamie and Aaron discuss responsible marketing, the FDA and regulation, safer alternatives, the vaping world, and more.

Originally from New Hampshire, Jamie is now based in Brooklyn. She is a staff writer at TIME Magazine, where she covers health and science. Jamie’s work has won awards from the New York Press Club, the Deadline Club, and the Newswomen’s Club of New York. Previously, she was the health editor at Boston Magazine. Big Vape is Jamie’s first book; it is a deep-dive into the e-cigarette company Juul Labs and an exploration of the complicated search for an alternative to cigarettes.

Listen now!

To learn more about Jamie, please click here.

To check out Jamie’s brand-new book, Big Vape: The Incendiary Rise of Juul, please click here.

Host: Aaron Freiwald

Guest: Jamie Ducharme

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Bail Reform, Part Two: A Conversation w/ Kellen R. Funk Jun 04, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Kellen R. Funk, of Columbia Law School, for our second episode on bail and bail reform. Today’s conversation is part two of last week’s topic and follows up on some of the same ideas; Aaron and Dr. Funk discuss the bail system, what bail is and what it means for our society, as well as how the issues of bail relate to the broader problems of our criminal justice system as a whole.

In today’s episode, Dr. Funk and Aaron address what it is that people need to understand about bail, touching on the topics of pre-trial detention and custody, civil justice, safety, bail and affordability, American history, the role of Judges and more. Dr. Funk explains the systemic implications bail bond decisions can have on communities as well as the importance of understanding what he refers to as the “lived reality” of many. Aaron and Professor Funk also talk about presumption of innocence, safety and risk, poverty and inequality, disadvantaged communities, bail schedules, and judicial discretion.

Dr. Funk is a legal historian with expertise in civil procedure and remedies. A graduate of both Yale Law School and Princeton University (Ph.D.), Professor Funk has written on the history of civil litigation practices in the U.S., the development and reform of the American bail system, and the juridical processes of churches and religious groups. His areas of study include data analytics, legal history, litigation and dispute resolution, and social justice and human rights with areas of specialty in history of the practice and professions of law, pretrial procedure and bail bonding, the development of federal equity, religious freedom and pluralism, and digital text analysis. Dr. Funk’s scholarship combines historical research methods with data science, and he is piloting a project to digitize the paper filings for nearly ever civil case litigated in New York County in the 19th century.

Professor Funk joined the Columbia Law faculty in 2018 after completing his Ph.D. in American history. His first book, The Lawyers’ Code, will be published by Oxford University Press next year; it explores how the 1848 enactment of New York’s Field Code shaped the field of American civil procedure by merging law and equity, accelerating creditors’ remedies, and giving lawyers supremacy over the rules of litigation.

Listen now!

To learn more about Professor Funk, please click here.

*Professor Funk is working on his first book, The Lawyers’ Code, which he anticipates being published early next year.

Host: Aaron Freiwald

Guest: Kellen R. Funk

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Bail Reform Pt. 1: A Conversation w/ Ken W. Good May 28, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Ken W. Good, to discuss bail bond, the notion of bail bond reform, and the wide-ranging implications bail decisions can have on the broader criminal justice system.

Today, Aaron and Ken have a conversation about the state of bail in America, the impact the bail industry has, and continues to have, on society, and what exactly the point of bail is. Today’s episode is the first part of our series on bail and bail reform and today’s discussion is at times tense as Ken and Aaron touch on the topics of race, jail populations and overcrowding, urban environments and the irrefutable failings (past and present) of our country.

Mr. Good graduated from Hardin Simmons University and received his Masters in Education from Tarleton State University; he received his law degree from Texas Tech School of Law and was a member of the Texas Tech Law Review. Mr. Good has argued cases before the Supreme Court of Texas and the Texas Court of Criminal Appeals and the United States Court of Appeals for the Fifth Circuit. He is the author of “Good’s on Bail,” a practice guide created for bail industry professionals and has written several articles on the subject of bail reform and the bail system. He is a professional bondsman and is on the board of Directors for the Professional Bondsmen of Texas.

Listen now!

To learn more about Ken, please click here.

Host: Aaron Freiwald

Guest: Ken W. Good

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

The Right-Wing Supreme Court’s Agenda: A Conversation w/ Ian Millhiser May 21, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and Vox correspondent, Ian Millhiser, to discuss the Supreme Court, Congress, politics and policy, as well as Ian’s new book, The Agenda: How a Republican Supreme Court is Reshaping America.

What will a conservative Supreme Court do with its power? In today’s conversation, as well as in his book, Ian explains how from 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation but in the same time span, the Supreme Court dismantled much of America’s campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Cart Act’s Medicaid expansion, weakened laws protecting against age discrimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. Ian argues that this powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the U.S. Today, Aaron and Ian, discuss the constitution, forced arbitration, “the administrative state,” power and authority, the judiciary as an independent, and the impact the Court has on us all.

Ian is a senior correspondent at Vox, where he focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States. Before joining Vox, Ian was a columnist at ThinkProgress; he clerked for Judge Eric L. Clay of the United States Court of Appeals for the Sixth Circuit and he served as a Teach for America corps member in the Mississippi Delta. Ian received his B.A. in philosophy from Kenyon College and his J.D. from Duke. While at Duke, he served as senior note editor on the Duke Law Journal and was elected to the Order of the Coif. In addition to his most recent book, Ian is also the author of Injustices: The Supreme Court’s History of Comforting the Comfortable and Afflicting the Afflicted. Ian’s reporting is partially supported by a grant from the New Venture Fund.

Listen now!

To learn more about Ian, please click here.

To check out Ian’s new book, The Agenda: How a Republican Supreme Court is Reshaping America, please click here.

To read Ian’s recent New York Times op-ed, “Republicans Have an Agenda All Right, and They Don’t Need Congress for It,” please click here.

Host: Aaron Freiwald

Guest: Ian Millhiser

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Murder, Justice and Healing: A Conversation w/ Amy B. Chesler May 14, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and award-winning blogger, Amy B. Chesler, to discuss her new book, Working for Justice: One Family's Tale of Murder, Betrayal, and Healing. Throughout today’s conversation, Amy shares her deeply personal story of grief and reflection; Aaron and Amy talk about her family’s dark past, the tragic murder of her mother, and what it is she wants others to know.

In 2007, Amy’s beloved mother, Hadas Winnick, was murdered at the hands of her own brother. With this unbelievable loss, Amy was thrust into a chaotic, painful, and harrowing search for justice. Today, Aaron and Amy contemplate what justice really is and whether or not it will ever truly be achieved. Amy and Aaron talk about the importance of warning signs, grit, communication, and sharing perspectives as Amy explains her reasons for writing this book and why she believes that there is value in everyone’s story.

Amy is a writer and former educator from Southern California; she discovered her passion for the literary and film worlds as early as she can remember, and she has been voraciously reading, writing, and performing ever since. Amy has won several international awards for her non-fiction work, yet also thoroughly enjoys writing various genres of fiction. Over the last several years, Amy has contributed content to many popular publications and her work has been featured on BuzzFeed Parents, DVDNetflix, TODAY Parents, and more.

Listen now!

To learn more about Amy, please visit her website here.

To check out Amy’s new book, Working for Justice: One Family's Tale of Murder, Betrayal, and Healing, please click here.

To read Amy’s recent New York Post article about her book, please click here.

Host: Aaron Freiwald

Guest: Amy B. Chesler

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Paving the Way: A Conversation w/ Patricia A. Cain May 07, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by law professor, Patricia A. Cain, of Santa Clara University School of Law, to discuss sex discrimination, glass-ceilings, and the incredible women law professors who broke down barriers throughout history; Professor Cain is the editor of the newly released book, Paving the Way: The First American Women Law Professors, a book that follows the first wave of trailblazing female law professors and the stage they set for American democracy. The late Herma Hill Kay, of Berkeley, is the author of the book while the late Justice Ruth Bader Ginsburg wrote the foreword.

In today’s episode, Aaron and Pat delve into this special project, one that Justice Ginsburg advocated for tirelessly and admired publicly in the years before her death. Herma Hill Kay, former Dean of UC Berkeley School of Law and Ginsburg’s close professional colleague, wrote Paving the Way to tell the stories of the first fourteen female law professors at ABA- and AALS-accredited law schools in the United States. Kay, who became the fifteenth such professor, labored over the stories of these women in order to provide an essential history of their path for the more than 2,000 women working as law professors today and all of their feminist colleagues.

Dean Kay passed away in 2017 and our guest, Pat Cain, ensured the completion of this important work. Pat explains that each woman’s story is wrapped in rich historical context and that their perseverance through extraordinarily difficult times must never be forgotten. Paving the Way is not just a collection of individual stories of remarkable, strong, motivated women but also a well-crafted interweaving of law and society during a historical period when women’s voices were often not heard and sometimes actively muted.

The final chapter of this book connects these first fourteen women to the “second wave” of women law professors who achieved tenure-track appointments in the 1960s and 1970s, carrying on the torch and analogous challenges. Pat and Aaron recount some of these stories in today’s conversation and explain what these women can teach us and what their profound impact has been on society, culture, democracy and the law.

Professor Cain is a national expert in federal tax law and sexuality and the law. She has published numerous law review articles, essays, and book reviews on various topics, including federal taxation of installment sales, tort law, the role of judges, feminist legal theory, and the history of the LGBT rights movement. Her area of specialization is taxation and estate planning for same-sex couples and she frequently lectures on this topic at state and national continuing legal education programs.

A graduate of Vassar (A.B.) and the University of Georgia (J.D.), Professor Cain began her law teaching career at the University of Texas in 1974, where she was a member of the faculty for 17 years. She then joined the law faculty at the University of Iowa, where she held the Aliber Family Chair in Law and the Vice Provost position. She became a member of the Santa Clara faculty in 2007.

Listen now!

To learn more about Professor Cain, please visit her bio here.

To check out the new book, Paving the Way: The First American Women Law Professors, please click here.

To learn more about the book’s author, Herma Hill Kay, please click here.

Host: Aaron Freiwald

Guest: Patricia A. Cain

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Busting Myths about Poverty: A Conversation w/ Mark Rank Apr 23, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and professor, Mark Robert Rank, of Washington University in St. Louis, to discuss poverty, the myths surrounding economic inequality and myth perpetuation, the notion of hard work, and effective approaches to “fixing” our poverty problem. Aaron and Mark also discuss Professor Rank’s newest co-authored book on the topic, Poorly Understood: What America Gets Wrong About Poverty.

Why does poverty exist in the United States? Mark and Aaron delve into this question and others as they try to tackle the myths, rhetoric and complexities of poverty in the United States. Touching on demography, stereotypes, infrastructure, jobs, Presidential administrations, and more, Aaron and Mark break down what it is that people need to know about poverty in the U.S., what the solutions might be, and what the cost, reach, and impact of poverty is on all of us. What are the myths of poverty? Who benefits from perpetuating these myths? And how do we better understand such a nuanced issue?

The Herbert S. Hadley Professor of Social Welfare, Dr. Rank is widely recognized as one of the foremost experts and speakers in the country on issues of poverty, inequality, and social justice. His research and teachings focus on poverty, social welfare, economic inequality, social policy and demography. His life-course research has demonstrated for the first time that a majority of Americans will experience poverty and will use a social safety net program at some point during their lives.

Dr. Rank has published numerous scholarly articles and several author books; his first book, Living on the Edge: The Realities of Welfare in America, explores the conditions of surviving on public assistance and his 2004 book, One Nation, Underprivileged: Why American Poverty Affects Us All, provided a new understanding of poverty in America. Dr. Rank’s research has been reported in a wide range of media outlets including, The New York Times, The Washington Post, The Wall Street Journal, USA Today, The Chronical of Higher Education, among others. He has provided his research expertise to members of the U.S. Senate and House of Representatives, as well as to many national and state organizations involved in issues of economic and social justice.

Listen now!

To learn more about Professor Rank, please visit his bio here.

To check out Professor Rank’s newest book, Poorly Understood: What America Gets Wrong About Poverty, please click here.

To check out Mark’s recent Washington Post article, “Five myths about poverty,” please click here.

Host: Aaron Freiwald

Guest: Mark Robert Rank

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

A Man’s Search for Meaning: A Conversation w/ Emanuel Rosen Apr 16, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by bestselling author, Emanuel (Manu) Rosen, to discuss his new book, If Anyone Calls, Tell Them I Died: A Memoir.

The Holocaust and its aftermath were not often discussed in families of second-generation survivors; in Tel Aviv in the 1960s, Emanuel Rosen grew up hearing the keys of his mother’s typewriter but had no idea about the battle she was fighting. In his latest book, If Anyone Calls, Tell Them I Died, Emanuel tells the story of his mother’s struggle but it’s a story that spans three generations. Emanuel tells the true story of grandparents, daughter, and grandson, and today, shares details of his family’s life journey with Aaron, a story filled with loss, guilt, lengthy court proceedings, secret letters, and love, while explaining the broader contexts of his book and how this incredible story is one that should serve as a stark reminder.

Emanuel is a bestselling author whose books have been translated into thirteen languages. He was born in Israel where he went to school, served in the army, and was an award-wining copywriter. After his graduate school education in the United States and a successful career as an executive in Silicon Valley, Emanuel turned to writing. His first book, The Anatomy of Buzz, was a national bestseller and his third book, Absolute Value (with Stanford professor Itamar Simsonson ), won the 2016 American Marketing Association Best Book Award.

Emanuel was previously vice president of marketing at Niles Software, where he launched the company’s flagship product, EndNote. His work has been featured in the Harvard Business Review, Time, Advertising Age, and many other media. If Anyone Calls, Tell Them I Died is his fourth book.

Listen now!

To check out Emanuel’s new book, If Anyone Calls, Tell Them I Died: A Memoir, please click here.

To learn more about Emanuel, please check out his website here.

Host: Aaron Freiwald

Guest: Emanuel (Manu) Rosen

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Buried Bodies: A Conversation w/ Jim Tracy Apr 09, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and journalist, Jim Tracy, to discuss his brand-new book, Sworn to Silence: The Truth Behind Robert Garrow and the Missing Bodies' Case, and the impact the Robert Garrow case has had on the legal field, law school curriculums, and the notion of attorney-client privilege.

In our first ever true-crime episode, Aaron speaks to Jim Tracy, a veteran reporter and published author, to discuss his new book about infamous serial-killer, Robert Garrow. Jim has a personal connection to the Garrow case and explores this and more throughout today’s episode.

Robert Garrow was an American serial rapist and later spree killer who was active in New York during the 1970s. In today’s episode, Jim explains the twists and turns of the Garrow story that began when Robert Garrow went on an 18-day killing spree, stabbing four people to death before being apprehended – Garrow went on his spree after committing several rapes, and as you will hear, most likely after committing several other grisly murders.

The Garrow case begins with the horrific acts of Robert Garrow, but as Aaron and Jim discuss, there is much more to the story. In his book and throughout today’s episode, Jim tells the amazing and unforgettable tale of two American lawyers who did the unthinkable, the unprecedented – they found themselves balancing their client’s unforgivable secrets with their oaths as officers of the court. Today, the Garrow case is considered a landmark legal story that is studied and analyzed in law schools worldwide. The events of Garrow’s terror in the Adirondack Mountains has been indelibly marked in Tracy’s mind since he was eight years old and in Sworn to Silence, he weaves together a true crime narrative that should rank with some of the most compelling American crime stories of modern times; he does so while taking the reader on a riveting journey back to the 1970s, unveiling an American killer most people have never heard of, and explaining the groundbreaking legal implications this story has had on our modern understanding of attorney-client privilege.

Jim Tracy has won multiple national and state writing awards, including placing first in the prestigious Associated Press Sports Editor contest. He spent a considerable amount of his career with the Pulitzer Prize winning newspaper, The Post-Star, a publication in Glens Falls, N.Y. Prior to his successful career in journalism, Tracy was a former aide to New York State Senor Norman Levy. A graduate of the State University of New York, Jim was born, raised and still resides in the foothills of the Adirondack Mountains, where today’s story takes place. Jim has spoken publicly about the Garrow case at several historical societies and continues to be interviewed for his knowledge and experience with the case.

Listen now!

To check out Jim’s new book, Sworn to Silence: The Truth Behind Robert Garrow and the Missing Bodies' Case, please click here.

Host: Aaron Freiwald

Guest: Jim Tracy

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Shadowy Supreme Court: A Conversation w/ Stephen Vladeck Apr 02, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by returning guest and friend of the podcast, professor Stephen Vladeck, of the University of Texas at Austin, School of Law, to discuss the U.S. Supreme Court and the notion of its secretive “shadow docket.”

In today’s episode, Stephen returns to our show to discuss an obscure legal procedure known as, the “shadow docket.” Throughout today’s conversation, Aaron and Stephen explore just what exactly this is, what it means for the country, how it impacts democracy, and how it is being used. Cases on this docket can effectively be decided quickly and quietly – sometimes even without knowing all of the evidence; they can be resolved even when lower cases are still processing them and without providing explanations and/or signed opinions. Stephen and Aaron address the dangers that this type of power can have and whether or not there are any checks and balances in place in our system to keep these powers regulated.

Professor Vladeck holds the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law and is a nationally recognized expert on the federal courts, constitutional law, national security law, and military justice. Stephen has argued before the U.S. Supreme Court, the Texas Supreme Court, and lower federal civilian and military courts; he has served as an expert witness in both U.S. state and federal courts and in foreign tribunals. Professor Vladeck has received numerous awards for his influential and widely-cited legal scholarship, his popular writing, his teaching, and his service to the legal profession.

Professor Vladeck is also a host of his own podcast, the National Security Law Podcast, which he co-hosts with Professor Bob Chesney. He is CNN’s Supreme Court analyst and a co-author of Aspen Publishers’ leading national security law and counterterrorism law casebooks. He is the executive editor of the Just Security blog and a senior editor of the Lawfare blog.

Listen now!

To learn more about Professor Vladeck, please click here.

To check out Professor Vladeck’s co-hosted podcast, the National Security Law Podcast, please click here.

To read the Reuters’ article, “The 'shadow docket': How the U.S. Supreme Court quietly dispatches key rulings,” in which Professor Vladeck was quoted, please click here.

Host: Aaron Freiwald

Guest: Stephen Vladeck

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Citizenship Stripping: A Conversation w/ Amanda Frost Mar 26, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by law professor, Amanda Frost, of the Washington College of Law at American University, to discuss the rights of citizenship, citizenship stripping and denaturalization, sexism and xenophobia, as well as Professor Frost’s new book, You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers. What is citizenship? Who is a citizen? And furthermore, who decides the answers to these questions?

In today’s conversation, Aaron and Amanda have an incredibly relevant conversation about citizenship in the United States. Citizenship is invaluable and yet, as Amanda explains, it is always at risk. In her new book, Amanda explores the history of citizenship and citizenship stripping over the last two centuries – she explains that the U.S. government has used revoking citizenship (even from those born on American soil) as a tool to cast out its unwanted, suppress dissent, and deny civil rights to all considered “un-American.” Amanda and Aaron talk about the historical aspects of citizenship challenges but also those of today, touching on the events of the last four years and Trump’s repeated threats of deportation/denaturalization, the issues of race and equality, the notion of political power and the right to vote, as well as the Supreme Court, the civil war, and the idea of community, membership and belonging.

Amanda Frost is the Ann Loeb Bronfman Distinguished Professor of Law. Amanda writes and teaches in the fields of constitutional law, immigration and citizenship law, federal courts and jurisdiction, and judicial ethics. Her scholarship has been cited by over a dozen federal and state courts, and she has been invited to testify on the topics of her articles before both the House and Senate Judiciary Committees. Professor Frost’s non-academic writing has been published in The Atlantic, Slate, The American Project, the Washington Post, the New York Times, and USA Today, and she authors the “American round-up” column for SCOTUSblog. Amanda is a member of the Editorial Board of Oxford University’s Border Criminologies, an Academic Fellow at the Pound Civil Justice Institute, and a member of the National Constitution Center’s Coalition of Freedom Advisory Board; she has been a visiting professor at Harvard Law School, UCLA Law School, Université Paris X Nanterre, and the Johannes Gutenberg University in Mainz, Germany.

Before entering academia, Professor Frost clerked on the U.S. Court of Appeals for the D.C. Circuit and spent five years as a staff attorney at Public Citizen, where she litigated cases at all levels of the federal judicial system.

Listen now!

To learn more about Professor Frost, please check out her bio at American here.

You can also learn more about Professor Frost by visiting her personal website here.

To check out Professor Frost’s new book, You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers, please click here.

Host: Aaron Freiwald

Guest: Amanda Frost

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Repost: Immigration and the New President: A Conversation w/ Cristina Rodríguez Mar 19, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Cristina Rodríguez, of Yale Law School, to discuss immigration law, President Joe Biden, executive power and what the future of immigration could look like.

Who controls American immigration policy? In today’s episode, Aaron and Cristina discuss this question and more, as well as Cristina’s new co-authored book on the topic, The President and Immigration Law. The biggest immigration controversies of the last decade have all involved policies produced by the President – policies such as President Obama’s decision to protect Dreamers from deportation and President Trump’s proclamation banning immigrants from several majority-Muslim nations. Cristina and Aaron talk about this idea of executive decision-making and how it has shaped our immigration system. Aaron and Cristina touch on the notions of power, status, oversight, voter suppression, and resentment as they explore the ins and outs of our country’s immigration history, the impact of partisan policies, and the roles of the President and Congress. The President and Immigration Law chronicles the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief and offers a blueprint for reform.

Professor Rodríguez is the Leighton Homer Surbeck Professor of Law at Yale Law School. Her fields of research include constitutional law and theory, immigration law and policy, administrative law and process, and citizenship theory. In recent years, her work has focused on constitutional structures and institutional design. She has used immigration law and related areas as vehicles through which to explore how the allocation of power (through federalism, the separation of powers, and the structure of the bureaucracy) shapes the management and resolution of legal and political conflict. Her work has also examined the effects of immigration on society and culture, as well as the legal and political strategies societies adopt to absorb immigrant populations. Professor Rodríguez joined Yale Law after serving for two years as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice. She earned her B.A. and J.D. degrees from Yale and attended Oxford University as a Rhodes Scholar. Following law school, Professor Rodríguez clerked for Judge David S. Tatel of the U.S. Court of Appeals for the D.C. Circuit and Justice Sandra Day O’Connor of the U.S. Supreme Court.

Listen now to learn more!

To check out, The President and Immigration Law, please click here.

To learn more about Professor Rodríguez please visit her bio page here.

To learn more about Professor Rodríguez’s co-author, Professor Adam Cox, please visit his bio page here.

Host: Aaron Freiwald

Guest: Cristina Rodríguez

Bankrupt NRA: A Conversation w/ Judge Bruce A. Markell Mar 12, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by former bankruptcy Judge and current Northwestern law professor, Bruce A. Markell, to discuss the recent NRA bankruptcy filings and just how extraordinary this story is, as well as bankruptcy law and the bankruptcy system in general.

In today’s conversation, Aaron and Judge (Bruce) Markell breakdown the evolving story on the NRA’s (the National Rifle Association) recent bankruptcy filings and why this story is so exceptional. Judge Markell offers his opinion and explains what, why, and how things may play out for the NRA. Professor Markell and Aaron discuss senior and junior claims, the bankruptcy mechanism, assuming liabilities, shady corporations and business practices, for profit business requirements vs. non-profit requirements, and more. Is the NRA running away from NY? Why? And what will happen next? Aaron and Judge Markell explore these questions and others as they touch on the notions of “bad faith,” malpractice, reorganization, the bankruptcy code, and debate what possible consequences may result from this developing story.

Judge Markell was appointed the Professor of Bankruptcy Law and Practice at Northwestern in 2015. From 2013 to 2015, Professor Markell was the Jeffrey A. Stoops Professor of Law at Florida State University School of Law, and before that he was a United States Bankruptcy Judge for the District of Nevada. Before taking the bench, Judge Markell practice bankruptcy and business law in Los Angeles for ten years (where he was a partner at Sidley & Austin), and was a law professor for fourteen. After graduating from UC Davis with his JD, Professor Markell clerked for then-judge Anthony M. Kennedy on the Court of Appeals for the Ninth Circuit.

Judge Markell is the author of numerous articles on bankruptcy and commercial law, and is a co-author of four law school casebooks. He has been a visiting professor at, among other schools, Peking University School of Law in Beijing, and Harvard Law School. Professor Markell contributes to Collier on Bankruptcy, and is a member of Collier’s editorial advisory board. He is a conferee of the National Bankruptcy Conference, a fellow of the American College of Bankruptcy, a charter member of the International Insolvency Institute, and a member of the American Law Institute. Judge Markell also consults with the International Monetary Fund on insolvency-related issues, and was the primary drafter of Kosovo’s current bankruptcy law. He is an associate editor of the Bankruptcy Law Letter, and regularly contributes articles to that publication.

Listen now!

To learn more about Judge Markell, please visit his bio at Northwestern here.

Host: Aaron Freiwald

Guest: Judge Bruce A. Markell

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

When Jurors Talk to God: A Conversation w/ Tanya M. Luhrmann & Malcolm E. Whittaker Mar 05, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Houston attorney, Malcolm E. Whittaker, and Stanford Anthropology Professor, Tanya M. Luhrmann to discuss religious belief systems, human judgment and evaluation, communicating with God, and how all of these notions relate to the criminal trial of the United States v. Brown and one juror’s early dismissal. What does it mean to pray to God in the context of jury deliberations? What does it mean in general to “have a conversation with God”?

In today’s episode, Aaron, Malcolm, and Tanya have a nuanced and highly complex theoretical discussion about the challenges and questions that arose recently in a criminal trial in which a judge dismissed a juror after he was overheard saying that he is communicating with “a higher power.” In the case of United States v. Brown, juror 13 was excused after the judge believed he was not deliberating. Was the judge wrong? Tanya and Malcolm explain why they believe the judge acted too quickly in this decision, not asking all of the right questions before making a ruling; considering that this judgment may be applicable to millions of Americans and their jury responsibility/services, Aaron, Tanya, and Malcolm breakdown whether or not communicating with God is a bias and what exactly this may mean in terms of jury instruction. Throughout today’s conversation, Aaron poses three hypothetical scenarios to Tanya and Malcolm, the three of them try to understand what is meant when someone “hears God,” Professor Luhrmann discusses her fieldwork observations, her research in psychosis and social worlds, as well as how these ideas relate to jury obligations, prayer/praying, and much more.

Dr. Tanya Marie Luhrmann is, in her own words, “an anthropologist studying the mind.” A graduate of both Harvard (B.A.) and the University of Cambridge (M. Phil and Ph.D.), she is the Watkins University Professor in the Stanford Anthropology Department. Professor Luhrmann’s research interests include medical and psychological anthropology, the anthropology of religion, subjectivity, comparative phenomenology, voices and visions, psychosis, spirituality, mixed methods, and public anthropology. She sets out to understand the way people represent thought itself, and the way those culturally varied representations shape the most intimate experience of life itself. Dr. Luhrmann has done ethnography on the streets of Chicago with homeless and psychotic women, worked with people who hear voices in Chennai, Accra and the South Bay. She has also done fieldwork with evangelical Christians who seek to hear God speak back, with Zoroastrians who set out to create a more mystical faith, and with people who practice magic. Professor Luhrmann was elected to the American Academy of Arts and Sciences in 2003 and received a John Guggenheim Fellowship award in 2007.

Malcolm E. Whittaker is primarily a patent attorney in Houston, Texas at the Whittaker Law Firm.

Listen now!

To learn more about Professor Luhrmann, and to view more of her publications, please visit her bio page here. More information is also available on Professor’s Luhrmann’s personal website.

To check out Professor Luhrmann’s book, When God talks back: understanding the American evangelical relationship with God, please click here.

To review the brief Mr. Whittaker and Professor Luhrmann filed, please click here.

Host: Aaron Freiwald

Guests: Malcolm E. Whittaker and Tanya M. Luhrmann

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Nursing Homes and Safety: A Conversation w/ Michael Kaplen Feb 26, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by New York attorney Michael Kaplen, to discuss brain injuries, nursing home negligence, and what it is loved ones need to know.

Nursing homes can be dangerous places, more than ever during this time of pandemic. In today’s conversation, Aaron and Michael discuss common issues that arise in nursing homes, including specific nursing-home injuries to be on the lookout for, standards and accountability, and what ifamilies can do to protect their loved ones. Michael and Aaron discuss the importance of advocating for nursing home residents and monitoring tips, “never events” and proper care. How has Covid affected nursing homes? How can family members navigate the new challenges of today’s pandemic? Aaron and Michael discuss the rights of individuals in institutional facilities and answer some of the most important questions families need to know.

Michael Kaplen is a senior partner in the New York personal injury law firm, De Caro & Kaplen. His practice focuses on personal injury and medical malpractice with an emphasis on representing individuals who have sustained a traumatic or acquired brain injury and other catastrophic injuries. Mr. Kaplen is a Lecturer in Law at The George Washington University Law School, where he teaches the only course in the nation devoted to traumatic brain injury law. He is board certified as a Civil Trial Advocate by the National Board of Trial Advocacy and is board certified in Medical Malpractice, and a member of the board of governors of the American Board of Professional Liability Attorneys.

Michael has served as president of the Brain Injury Association of New York State, the leading not-for-profit New York State brain injury advocacy dedicated to brain injury education, advocacy, and prevention. Besides his teaching responsibilities at G.W., Mr. Kaplen has taught courses in trial practice and medical malpractice at St. John’s University School of Law and is Clinical Professor of Psychology in the Graduate School of Psychology at Touro College.

Listen now!

To learn more about Mr. Kaplen, please visit his firm’s website here.

Host: Aaron Freiwald

Guest: Michael V. Kaplen

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Repost: What Is Truth? w/ Sophia Rosenfeld Feb 19, 2021

Fake News, the calling card of a presidency?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by University of Pennsylvania History Professor Sophia Rosenfeld to talk about the tenuousness of the truth in democracy.

In Professor Rosenfeld’s new book, “Democracy and Truth,” she tells readers about the peculiar and fragile relationship between democracy and the truth. While it certainly feels like we live in a very unique time, and, in many senses, we do, Trump’s attacks on the media and his inability to remain truthful may not be that different after all. Just as she does in her book, Professor Rosenfeld walks us through the erosion of trust and truth, which has led to our current political climate and the rise of “Fake News”. Aaron and Professor Rosenfeld go on to discuss the potential solutions to the issues at hand.

This is an extremely timely conversation as President Donald Trump’s former personal attorney, Michael Cohen, takes center stage to provide a deeper look into the President’s past, his campaign and the current administration.

To purchase Professor Rosenfeld’s book visit: https://www.amazon.com/Democracy-Truth-History-Sophia-Rosenfeld/dp/0812250842

Host: Aaron Freiwald

Guest: Sophia Rosenfeld

Regulate Social Media? A Conversation w/ Philip Napoli Feb 12, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Philip M. Napoli, of Duke University’s Sanford School of Public Policy, to discuss new age media, social media regulation and content filtering, the history of social media, and the First Amendment.

In today’s conversation, Aaron and Phil talk about the relationship between the media and democracy, the “Trump years” and our former President’s unprecedented use of social media platforms, disinformation and misinformation, journalism, the marketplace of ideas, and much more. Should there be regulations on social media? Why? How? And moreover, who? Phil and Aaron delve into the history of social media, the notion of “big internet,” curation algorithms, Section 230, libel and slander, as well as “cancel culture,” audiences, and individual liberties.

Dr. Napoli is the James R. Shepley Distinguished Professor of Public Policy at Duke’s Sanford School of Public Policy; a Senior Associate Dean for Faculty and Research in the Sanford School of Public Policy; Professor of the International Comparative Studies Program; and an Associate of the Duke Initiative for Science and Society. A graduate of U.C. Berkeley (B.A.), Boston University (M.S.) and Northwestern (Ph.D.), Professor Napoli’s areas of expertise are media and democracy and his research focuses on media institutions, media regulation, and policy. He has provided formal and informal expert testimony on these topics to government bodies, such as the U.S. Senate, the Federal Communications Commission, the Federal Trade Commission, and the Congressional Research Service.

Professor Napoli’s research has received awards from the National Business and Economics Society, the Broadcast Education Association, the International Communication Association, and the National Communication Association. His research has been funded by organizations such as the Ford Foundation, the Geraldine R. Dodge Foundation, and the Center for American Progress. Professor Napoli is a firm believer in engaged scholarship, and has engaged in research consultations and collaborations with a wide range of organizations, including the Federal Communications Commission, the New America Foundation, Free Press, the Minority Media & Telecommunications Council, the Center for Creative Voices in Media, the National Association of Broadcasters, and more. He has been interviewed in media outlets such as the NBC Nightly News, the Huffington Post, the Los Angeles Times, Rolling Stone, Politico, and National Public Radio.

Listen now!

To learn more about Professor Napoli, and to access a full list of his publications, please click here.

To check out Professor Napoli’s book, Social Media and the Public Interest: Media Regulation in the Disinformation Age, please click here.

To explore Duke’s Science and Society Initiative, please click here.

To read the January article from Duke Today, “LESSONS FROM THE U.S. CAPITOL RIOT: Duke faculty discuss domestic terrorism, Trump, disinformation and social media,” please click here.

Host: Aaron Freiwald

Guest: Philip M. Napoli

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Designer Babies? A Conversation w/ Henry (Hank) Greely Feb 05, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Henry T. (Hank) Greely, of Stanford Law School, to discuss gene editing, the bioethics involved in gene manipulation, the legal considerations of developing new biotechnologies, CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats), the line between good and bad, and quite literally, the future of humanity.

What does the birth of babies whose embryos have gone through genome editing mean—for science and for all of us? Professor Hank Greely explores this question and more in his new book, CRISPR People: The Science and Ethics of Editing Humans. Hank’s new book comes out February 16th and today he and Aaron discuss CRISPR capabilities, the potential “butterfly affect” editing genes may have, and what the ethical concerns are surrounding gene manipulation. In his upcoming book, Professor Greely tells the fascinating story of He Jiankui’s 2018 human experiment and its consequences; he explains what He Jiankui did, how he did it, and how the public and other scientists learned about and reacted to this unprecedented genetic intervention. Today, Hank talks about this further, and the conversation revolves around He Jiankui’s 2018 experiment, today’s COVID vaccines, DNA, RNA, and MRNA. Hank explains how he feels about “slippery slopes” and expresses his opinions and predictions about what will happen with this new technology. Are we playing God?

A graduate of both Stanford University and Yale Law School, Hank Greely is the Dean F. and Kate Edelman Johnson Professor of Law; Director of the Center for Law and the Biosciences; Professor, by courtesy, of Genetics, Chair of the Steering Committee of the Center for Biomedical Ethics; and the Director of the Stanford Program in Neuroscience and Society. Professor Greely specializes in the ethical, legal, and social implications of new biomedical technologies, particularly those related to genetics, assisted reproduction, neuroscience, or stem cell research. He is a founder and immediate past president of the International Neuroethics Society; a member of the Multi-Council Working Group of the NIH’s BRAIN Initiative, whose Neuroethics Working Group he co-chairs; chair of the Ethical, Legal, and Social Issues Committee of the Earth BioGenome Project; and chair of California’s Human Stem Cell Research Advisory Committee.

Before joining the Stanford Law School faculty, Professor Greely was a partner at Tuttle & Taylor, served as a staff assistant to the secretary of the U.S. Department of Energy, and as special assistant to the general counsel of the U.S. Department of Defense. He served as a law clerk to Justice Potter Stewart of the U.S. Supreme Court and to Judge John Minor Wisdom of the Court of Appeals for the Fifth Circuit.

Listen now!

To learn more about Professor Greely, please click here.

To check out Professor Greely’s 2016 publication, The End of Sex and the Future of Human Reproduction, please click here.

To order Professor Greely’s brand-new book, CRISPR People: The Science and Ethics of Editing Humans, please click here. There are more ordering options available here. *Note: Professor Greely’s new book will be released on Feb. 16th

Host: Aaron Freiwald

Guest: Henry T. (Hank) Greely

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Biden’s Bold Immigration Bill: A Conversation w/ Ilya Somin Jan 29, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Ilya Somin, of the George Mason University Antonin Scalia Law School, to discuss immigration and the expansive changes proposed by the new Biden Administration. What is included in Biden’s new agenda? How will it affect immigration? What are the major initiatives? What about DACA?

As we post today’s episode, President Joe Biden has only been in the White House for a little more than a week and has already announced an expansive, pro-immigration agenda aimed at not only dismantling the previous administration’s harsh restrictions but also, as Professor Somin explains, to significantly move the political conversation forward. Today Aaron and Ilya are talking about what Biden’s plans seem to be, what they mean for the future, and delve into what some of the key provisions are, touching on governance, executive orders and actions, open borders, and more. What are the pathways to citizenship now and what is likely to change? What is Congress’ role? What is likely to be enacted? Ilya and Aaron discuss illegal immigration and legal immigration, raising the refugee limit, the backlog of immigration courts, and more.

Ilya Somin is a Professor of Law at George Mason; his research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. The author of several publications, Professor Somin’s most recent book, Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, 2020), explores how broadening opportunities for foot voting can greatly enhance political liberty for millions of people around the world. Ilya’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Professor Somin has also published articles in a variety of popular press outlets, including the Washington Post, Wall Street Journal, Law Angeles Times, CNN, The Atlantic, USA Today, among others. He has been quoted or interviewed by several news channels and his writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel.

Professor Somin has served as a visiting professor at the University of Pennsylvania Law School as well as a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, and Zhengzhou University in China. Before joining the faculty at George Mason, Professor Somin was the John M. Olin Fellow in Law at Northwestern University Law School and clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Ilya earned his BA at Amherst College, MA in Political Science from Harvard University and his JD from Yale Law.

Listen now!

To learn more about Professor Ilya Somin, and to access a full list of his publications, please click here.

To check out Professor Somin’s most recent book, Free to Move: Foot Voting, Migration, and Political Freedom, please click here.

Host: Aaron Freiwald

Guest: Ilya Somin

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Wrongful Life? A Conversation w/ Michael McKeon & Mark Kovacich Jan 22, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorneys Michael McKeon, of McKeon Law, and Mark Kovacich, of Odegaard Kovacich & Snipes, to discuss the topics of wrongful prolongation of life, DNRs, self-determination, and a case in which Mr. McKeon and Mr. Kovacich represented a man whose end-of-life instructions – known as an advanced directive – were ignored. What is the impact of this case? What are the legal and ethical questions? And why is end-of-life planning critical?

Today, Aaron, Mark, and Michael discuss end-of-life decisions, as well as what can happen when an individual’s rights are ignored. Michael and Mark talk about their success in a Montana court after their client, Rodney Knoepfle’s wishes were disregarded and he was resuscitated after he coded while in the hospital. Michael, Mark, and Aaron talk about Mr. Knoepfle’s traumatic experiences, why this case matters, and the importance of communication regarding end-of-life decisions, such as DNR orders. Today’s conversation delves into the notions of advanced directives, DNR (Do Not Resuscitate) orders, patient’s rights, medical mistakes and negligence, moral and ethical concerns, and the P.O.L.S.T (physician orders and life sustaining treatments) database system.

A graduate of Villanova and the University of Montana School of Law, Michael has focused his practice on representing those who have been injured due to the negligence of others. Throughout his career, Mr. McKeon has pursued claims involving workplace accidents, personal injuries, insurance claims, products liability and medical malpractice. Michael has been selected by the National Trial Lawyers Association as a Top 40 Under 40 Trial Lawyer and as a Top 100 Trial Lawyer by the National Trial Lawyers Association. He is admitted to the Montana and U.S. District Courts of Montana and is a member of the State Bar of Montana.

Mark, a principal at Odegaard Kovacich & Snipes, joined the firm in 2000 and has focused his practice on representing plaintiffs in cases involving asbestos and environmental claims, environmental litigation, serious personal injury, products liability, workers’ compensation and safe workplace litigation. Mark was named Trial Lawyer of the Year by the Montana Trial Lawyers Association in 2005 and 2019 and received the association’s Appellate Advocacy Award in both 2008 and 2016. Mr. Kovacich has successfully represented hundreds of plaintiffs in high profile cases and has been consistently recognized as a Rising Star by Mountain States Super Lawyers.

Listen in now!

To learn more about Mr. McKeon and the McKeon Law firm, please click here.

To learn more about Mr. Kovacich and his firm, Odegaard Kovacich & Snipes, please click here.

To read the Physician’s Weekly piece, “Jury Awards $400,000 in ‘Wrongful Prolongation of Life’ Lawsuit,” please click here.

To read the Boston Globe article, “Hospital staff revived a man’s stopped heart — and he sued,” please click here.

Host: Aaron Freiwald

Guests: Michael McKeon and Mark Kovacich

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Accountability and Truth: A Conversation w/ the Honorable Elizabeth Holtzman Jan 15, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by former Congresswoman, the Honorable Elizabeth Holtzman, now of Herrick Feinstein LLP, to discuss last week’s tragic insurrection at the Capitol and the unfolding aftermath, the resulting second impeachment of President Trump, and Congresswoman Holtzman’s concerns about our country’s future and the rule of law, truth, and democracy.

Today, Aaron and Congresswoman Holtzman have a vital conversation about what should happen next in our country. Who needs to be held accountable? Is the President criminally responsible? What about Members of Congress who enabled and contributed to the insurrection? How do we unify the American people? Congresswoman Holtzman and Aaron have a crucial discussion about unity and division, the damage done to American democracy, the mythology of President Trump and Trumpism, the media’s role in perpetuating falsehoods of fraud in the 2020 election, peace and war, as well as the violent attacks on Capitol Hill last Wednesday, Trump’s galvanizing actions thereof and therein, and how exactly we as a country move forward and “defang” these insurrectionist movements. Congresswoman Holtzman talks about her personal concerns about attending the upcoming inauguration of President-Elect Biden as D.C. and state capitols all over the country prepare to handle mounting threats of violence and her disappointment in how far we as a country have fallen. Aaron and Congresswoman Holtzman compare and contrast Trump and Nixon, their actions and handling of criminal activities, and the aftermath of Watergate. Throughout the conversation, comparisons of our current state are made to denazification and that of the mob. What will the standards be? How will the truth be established? And perhaps most importantly, how best should we proceed as a society to restore respect, trust, and the rule of law?

At 31, Ms. Holtzman was the youngest woman ever elected to Congress in 1972. She graduated from Harvard Law School and holds admissions in the state of New York; the U.S. Supreme Court; the U.S. Court of Appeals, 2nd Circuit; the U.S. District Court, Eastern District, New York; and the U.S. District Court, Southern District, New York. After more than 22 years in government, including 20 as an elected official, the Honorable Elizabeth Holtzman, now 79, handles government relations at the federal, state, and local levels as well as litigation in her position at Herrick.

During her four terms as a U.S. Congresswoman, she captured national attention for her role on the House Judiciary Committee where she voted to impeach President Richard Nixon and for her questioning of President Ford about the Nixon pardon; chaired the Immigration and Refugees Subcommittee (where she co-authored the Refugee Act of 1980 with Senator Ted Kennedy); and wrote many laws, including extending the deadline for ratifying the Equal Rights Amendment and the Rape Privacy Act. She was the first member of Congress to expose the U.S. government’s inaction on Nazi war criminals living in America and spearheaded the effort to bring them to justice. Congresswoman Holtzman subsequently became the first woman elected District Attorney in New York City, serving eight years as DA of King County (Brooklyn); she was also the first and only woman to be elected Comptroller of New York City.

In 2014, Congresswoman Holtzman was appointed by the Secretary of the U.S. Department of Homeland Security to its Advisory committee. She later resigned from that position to protest the policy of separating parents and children at the southwest border. Previously, Congresswoman Holtzman was appointed by President Bill Clinton to the Nazi and Japanese Imperial War Criminal Records Interagency Working Group, which oversaw the declassification of more than eight million pages of secret Nazi war crimes files held by the U.S. government.

Congresswoman Holtzman has written several books, including the 2018 book, The Case For Impeaching Trump, and many articles. She regularly appears as a commentator on television and has been featured in several movies, including Charles Ferguson’s “Watergate,” Robert Redford’s documentary “All the President’s Men Revisited,” and the Academy Award-winning documentaries, “Hôtel Terminus” about Gestapo Chief Klaus Barbie an “Women-for America, for the World,” about the nuclear disarmament. Congresswoman Holtzman has also received many honors and four honorary degrees for her significant contributions to American politics.

Listen now!

To learn more about Congresswoman Holtzman, please click here and/or here.

To learn more about Congresswoman Holtzman’s 2018 book, The Case For Impeaching Trump, please click here.

Host: Aaron Freiwald

Guest: Hon. Elizabeth Holtzman

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Treason! A Conversation w/ Carlton F.W. Larson Jan 08, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Carlton F.W. Larson, of the University of California Davis School of Law, to discuss the events of January 6th and the siege on the U.S. Capitol. Aaron and Carlton have an incredibly important and timely conversation on the legalities of treason, insurrection, sedition and seditious conspiracy, as well as Trump’s responsibility, involvement and failure to protect.

Today’s conversation is of the utmost importance after the tragedy of Wednesday’s attack on Capitol Hill. The world watched in horror as a violent mob stormed the steps of Capitol Hill and seized possession of the Nation’s Capitol on one of America’s darkest days, Aaron and Carlton talk about what happened and the aftermath that we are now forced to sort through. Carlton and Aaron have a conversation about accountability, the history of treason and treason law, the incoming Biden Administration and the new Justice Department, and levying war. Aaron and Carlton touch on the Founders, case law, Article III, and more. What happens next? Is this treason? Is Trump responsible?

Carlton F.W. Larson is the Martin Luther King Jr. Professor of Law at UC Davis, as well as a scholar of American constitutional law and Anglo-American legal history. Professor Larson’s scholarship addresses a wide range of issues, including enemy combatant detentions, legacy preferences in public universities, the historical basis of Second Amendment rights, and parents’ rights to name their children. A graduate of both Harvard University and Yale Law School, Professor Larson is one of the nation’s leading authorities on the law of treason and is the author of the books On Treason: A Citizen’s Guide to the Law (Ecco/HarperCollins) and The Trials of Allegiance: Treason, Juries, and the American Revolution (Oxford University Press). Professor Larson’s scholarship has been cited by numerous federal and state courts and has been profiled in The New York Times, The Economist, TIME, and others. He is a frequent commentator for the national media on constitutional law issues and recently published a piece in The Washington Post, “The framers would have seen the mob at the Capitol as traitors.”

Prior to joining the UC Davis law faculty, Professor Larson served as a law clerk to Judge Michael Daly Hawkins of the United States Court of Appeals for the Ninth Circuit and spent three years as a commercial litigator at Covington & Burling in Washington, D.C.

Listen now!

To read Professor Larson’s recent Washington Post article, “The framers would have seen the mob at the Capitol as traitors,” please click here.

To check out Professor Larson’s book, On Treason: A Citizen’s Guide to the Law, please click here.

To check out Professor Larson’s book, The Trials of Allegiance: Treason, Juries, and the American Revolution, please click here.

Host: Aaron Freiwald

Guest: Carlton F.W. Larson

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

How do we heal? A Conversation w/ Lawrence Douglas Jan 01, 2021

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Lawrence R. Douglas, of Amherst College, to have a follow-up discussion on the current state of our politics, the integrity of our electoral system, and Professor Douglas’ most recent publication, Will He Go? Trump and the Looming Election Meltdown in 2020. Aaron and Lawrence discuss the aftermath of the 2020 election and analyze Will He Go. Where do we as a country go from here? Is there really hope for the future?

In today’s conversation, Lawrence and Aaron touch on a multitude of issues: toxicity, checks and balances, truth and basic facts, voter suppression, federal and state politics, and more. How has the 2020 election and the Trump presidency impacted our political system? Will there be lasting damage? Aaron and Lawrence discuss the lawsuits, the allegations, the conspiracy theories and what affects these have had on American’s view of our democratic process. Will Biden be “bootstrapped” by the unraveling of “normalcy”? Lawrence and Aaron explore this and more as they talk about cynicism, our current media environment, the upcoming Georgia run-off election, baseless claims of fraud and election interference, and contemplate just how bad things are and will be.

Lawrence R. Douglas is the James J. Grosfeld Professor of Law, Jurisprudence and Social Thought at Amherst, as well as the Chair of Law, Jurisprudence, and Social Thought. He is a graduate of Yale Law School, Columbia University (M.A.) and Brown University (A.B.) and is the author of seven books, including The Memory of Judgment: Making Law and History in the Trials of the Holocaust (Yale, 2001) and The Right Wrong Man: John Demjanjuk and the Last Great Nazi War Crimes Trial (Princeton, 2016), a New York Times “Editor’s Choice.” Professor Douglas’ commentary and essays have appeared in Harper’s, The New York Times, The Washington Post, and The Los Angeles Times; and he is a regular contributor to the Times Literary Supplement and The Guardian (US), where is a contributing opinion writer.

Some of Professor Douglas’ courses touch directly on the substance of his research while others are “a bit further removed;” they all however are interdisciplinary in terms of both the materials read and the questions explored. His teaching asks students to see law not as a narrow system of rules, but as a complex system that serves to constitute and maintain ordered patterns of social life.

Listen now!

To learn more about Professor Douglas, please visit his bio page here.

To check out Professor Douglas’ most recent book, Will He Go? Trump and the Looming Election Meltdown in 2020, please click here.

Host: Aaron Freiwald

Guest: Lawrence R. Douglas

**Please note: During the conversation, Biden’s winning margin in Pennsylvania was incorrectly stated. President- elect Biden won Pennsylvania by approximately 80,000 votes and Michigan by some 150,000 votes.

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

A Christmas Reflection w/ Aaron Freiwald Dec 25, 2020

Happy Holidays from Good Law | Bad Law. Thank you for everything! We are very much looking forward to the new year; to a time of change, hope, love and hopefully peace.

Repost: Please, Sir, may I have some more? A Conversation on food security w/ Laurie Ristino Dec 18, 2020

As we celebrate the holiday season, let’s remember that because of COVID and the economic fallout, more and more Americans are depending on food distribution centers for a meal. Thinking of those who have so little in this country of such plenty, we are reposting this episode on food insecurity.

How do we think about agriculture in America? How should we think about it? And, how is food security affecting us in today’s COVID-19 crisis?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Laurie Ristino, a food security expert with Johns Hopkins University, to discuss food security, the idea of rural resilience, today’s “food movement,” impacts of the Farm Bill and more.

What is food security? And, what is the urgency today? Laurie explains that food security is the idea that all people, at all times, should have access to physical, social, and economic access to sufficient, safe, and nutritious food that meets their dietary needs. Laurie and Aaron connect these ideas to today’s current pandemic. Will we have enough food? How are rising unemployment rates going to impact our country’s ability to provide access to quality foods? Aaron and Laurie tackle these questions, touching on the pressing notion of food being a question of wealth and thus the implications of America’s wealth gap on health and accessibility.

Today’s episode focuses on answering some of the biggest questions surrounding food security, as well as conversely, food insecurity. How do we produce our food? Where does our food come from? How do we use our resources? Laurie and Aaron talk about sustainable versus ‘industrial’ agriculture, the relationship between climate change and food production, the intersection between environmental law and agriculture, as well as how today’s movements and decisions will translate into more governance and policy.

Lauri is a policy and law expert on food security, the farm bill, climate change, ecosystem services, and land conservation. Her work is concerned with reforming existing law and policy and developing new policy and civil society innovations to address climate change, social injustice, and to improve environmental and economic sustainability. Laurie has published articles, Op-Eds, and blogs proposing reforms to address soil, water, and air quality degradation, among other topics and is the co-author and editor of a comprehensive book on conservation easements, titled A Changing Landscape: The Conservation Reader.

Laurie practiced law for twenty years, serving as a senior counsel at the USDA where she advised on an array of natural resource and environmental matters. Currently, Professor Ristino advises leading NGOs and foundations on environmental policy and strategy matters through her consulting firm, Strategies for a Sustainable Future.

To learn more about Professor Ristino, please visit her bio page at Johns Hopkins here.

To learn more about Professor Ristino’s firm, Strategies for a Sustainable Future, and to access other resources on this topic, please click here.

Host: Aaron Freiwald

Guests: Laurie Ristino

Repost: Is Lethal Injection Fatally Flawed on Moral and Constitutional Grounds? A Conversation w/ Dr. Joel Zivot Dec 11, 2020

We are approaching the January 20th inauguration of President-Elect Joe Biden. As the days wane, President Trump intends to break a 130-year-old precedent of pausing executions amid a transition of presidential power. Trump has five executions slated to happen over the next few weeks and if they all take place, Trump will become the most prolific execution president in more than a century. Today we are reposting episode #102 to shed light on the death penalty and lethal injections as Aaron and Dr. Joel Zivot discuss the moral and ethical challenges of the death penalty as well as the 8th Amendment and prisoner rights.

What are the moral and ethical challenges with the death penalty today? Not even so much whether to have a death penalty – which is a crucially important question, of course – but what are the moral dimensions of using lethal injection to carry out executions? And what moral implications are there because medicine used to heal, here is used to kill? And what about the requirement that health care professionals must engage in the act of taking a life?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Dr. Joel Zivot to discuss the case of Russel Bucklew a death row inmate in Missouri who claims lethal injection would violate his 8thAmendment rights.

Russel Bucklew suffers from an illness called cavernous hemangioma, a disease that causes weak and damaged blood vessels. Bucklew contends that pentobarbital, the drug Missouri uses when executing inmates by lethal injection, would not circulate through his blood properly. As a result, Bucklew and some doctors believe he would hemorrhage, choke on his own blood, and suffocate.

Dr. Zivot testified on Mr. Bucklew’s behalf saying, “If we are going to have capital punishment, it has to be done correctly.” In today’s episode, Dr. Zivot walks Aaron through the intricacies of the case and Mr. Bucklew’s illness. Dr. Zivot states during the episode, Mr. Bucklew isn’t challenging his sentence, he just wants his sentence issued in a way that doesn’t cause him torture. Instead of lethal injection, Mr. Bucklew has requested the state use lethal gas, a method that is approved in Missouri.

Join Aaron and Dr. Joel Zivot for today’s discussion on the 8th Amendment and a death-row prisoner’s right to health care.

Host: Aaron Freiwald

Guest: Dr. Joel Zivot

Want the episode transcription? Click here.

Doctors as Drug Dealers: A Conversation w/ Zack Feinberg Dec 04, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Zachary Feinberg, of our firm, Freiwald Law, to discuss the current opioid epidemic, the ongoing opioid litigation, and specifically, the role doctors have played in perpetuating this addiction crisis at the expense of their patients.

With a unique background, Zack offers his perspective and experience in today’s conversation as he and Aaron talk about the opioid crisis in America and the role of prescribing doctors as almost “ambassadors” of these drugs. What has the evolution been in the epidemic? How much are our doctors involved? And what is the best way to seek treatment? Aaron and Zack talk about these questions and more as they discuss opioid abuse, opioid overdoses, Big Pharma, “front groups,” pill mills, and fraudulent marketing tactics rivaling that of Big Tobacco. What has the impact been on individuals? And what can people do? Zack and Aaron talk about the role of state governments, of sweeping MDLs, the notion of “pseudo addiction,” and more.

Zack is a graduate of both Northeastern University and the Kline School of Law at Drexel University. Prior to law school, Zack graduated from Northeastern with a degree in Behavioral Neuroscience. Before pursuing law, Zack worked directly with patients at an in-patient psychiatric hospital. While he enjoyed helping patients, Zack witnessed first-hand the abuses and mistakes that can happen in the healthcare system. In practice, Zack strives for the opportunity to mix his background together to fight for his clients; whether it is systematic injustice, corporate greed, or a scientific or medical error. Zack’s dedication to helping people continues in his community work. He is an active participant in his law school’s mock interview program and is also a team leader for the non-profit civic organization, HeadCount.

Listen now to learn more and to find out what it is you need to know!

To learn more about Zack, please visit his bio here.

To contact Zack, please email zsf@freiwaldlaw.com.

To access the CMS Open Payments Database, please click here.

Host: Aaron Freiwald

Guest: Zachary Feinberg

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Pitbull's Yell: A Conversation w/ Leslie José Zigel Nov 27, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney and recording artist Pitbull’s general counsel, Leslie José Zigel, of Greenspoon Marder, to discuss entertainment law, his experience in the music industry, and trademarking Pitbull’s recognizable “EEEEEEEYOOOOOO” yell.

Mr. Zigel began his career at Festival Productions Inc. after graduating from the University of Rochester. In addition to serving as a producer for festivals such as Newport Jazz Festival, New Orleans Jazz and Heritage Festival, and Playboy Jazz Festival, he spearheaded the launch of American Express Platinum Card’s “By Invitation Obly” program and served as the Marketing Director for the American Express Gold Card Events. In today’s episode, Leslie and Aaron discuss the importance of relationships, the ins and outs of the music business industry, the “art and science” of sampling, contract negotiations and more. Mr. Zigel explains the importance of learning lessons throughout his career and explains why and how he is where he is. Touching on a variety of topics, Aaron and Leslie talk about sensory marks and the huge success of trademarking Pitbull’s sound, what the impact of Covid-19 has been and what the pandemic might mean for the future of entertainment, as well as the process of “clearing” records and managing copyrights.

Mr. Zigel is a partner and Chair of Greenspoon Marder’s Entertainment, Media & Technology Industry Group. He focuses on both the creative and business sides of the entertainment industries in the music, television, film and new technology sectors. His practice includes counseling clients in entertainment talent negotiations, record contracts, music and book publishing, providing outside general counsel services and assisting companies with corporate structuring, financing, operations, sales and acquisitions, trademarks, copyrights and employment advice. Music is what ultimately drew Mr. Zigel to both his chosen profession as well as his passion project – jamming. Born to classical and opera enthusiast doctors, he fell in love with classic rock and started playing percussion, piano and saxophone at a very young age.

Listen now to learn more!

To learn more about Mr. Zigel, please click here.

Host: Aaron Freiwald

Guest: Leslie José Zigel

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Immigration and the New President: A Conversation w/ Cristina Rodríguez Nov 20, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Cristina Rodríguez, of Yale Law School, to discuss immigration law, President-Elect Joe Biden, executive power and what the future of immigration could look like.

Who controls American immigration policy? In today’s episode, Aaron and Cristina discuss this question and more, as well as Cristina’s new co-authored book on the topic, The President and Immigration Law. The biggest immigration controversies of the last decade have all involved policies produced by the President – policies such as President Obama’s decision to protect Dreamers from deportation and President Trump’s proclamation banning immigrants from several majority-Muslim nations. Cristina and Aaron talk about this idea of executive decision-making and how it has shaped our immigration system. Aaron and Cristina touch on the notions of power, status, oversight, voter suppression, and resentment as they explore the ins and outs of our country’s immigration history, the impact of partisan policies, and the roles of the President and Congress. The President and Immigration Law chronicles the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief and offers a blueprint for reform.

Professor Rodríguez is the Leighton Homer Surbeck Professor of Law at Yale Law School. Her fields of research include constitutional law and theory, immigration law and policy, administrative law and process, and citizenship theory. In recent years, her work has focused on constitutional structures and institutional design. She has used immigration law and related areas as vehicles through which to explore how the allocation of power (through federalism, the separation of powers, and the structure of the bureaucracy) shapes the management and resolution of legal and political conflict. Her work has also examined the effects of immigration on society and culture, as well as the legal and political strategies societies adopt to absorb immigrant populations. Professor Rodríguez joined Yale Law after serving for two years as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice. She earned her B.A. and J.D. degrees from Yale and attended Oxford University as a Rhodes Scholar. Following law school, Professor Rodríguez clerked for Judge David S. Tatel of the U.S. Court of Appeals for the D.C. Circuit and Justice Sandra Day O’Connor of the U.S. Supreme Court.

Listen now to learn more!

To check out, The President and Immigration Law, please click here.

To learn more about Professor Rodríguez please visit her bio page here.

To learn more about Professor Rodríguez’s co-author, Professor Adam Cox, please visit his bio page here.

Host: Aaron Freiwald

Guest: Cristina Rodríguez

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

The Fraud of "Voting Fraud:" A Conversation w/ Scott Cummings Nov 13, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Scott Cummings, of UCLA Law, to discuss legal ethics, our electoral system, and the recent rash of election lawsuits being filed in court by the Trump campaign.

It hasn’t been a week since news broke of former Vice-President Joe Biden’s presidential victory and yet, President Trump and his re-election team have filed countless lawsuits asserting that the results of the election are invalid due to unsubstantiated claims of fraud. In today’s episode, Aaron and Scott discuss these frivolous lawsuits, their potentially damaging effects, and the lawyers who are bringing them. What are the issues at play? And will these attorneys face punishment for their roles in bringing bogus claims?

Professor Cummings is the Robert Henigson Professor of Legal Ethics and a Professor of Law at UCLA School of Law, where he teaches and writes about the legal profession, public interest law, law and social movements, and community economic development. He is the faculty director of Legal Ethics and the Profession (LEAP), a program promoting research and programming on the challenges facing the contemporary legal profession. Professor Cummings is also a long-time member of the UCLA David J. Epstein Program in Public Interest Law and Policy, a specialization training students to become public interest lawyers.

A graduate of both Berkeley (B.A.) and Harvard (J.D.), Professor Cummings’ research is focused on economic development, law and social movements, and the legal professional. He is the co-author of the first public interest law textbook, Public Interest Lawyering: A Contemporary Perspective (with Alan Chen), and co-editor of a leading legal profession casebook, Legal Ethics (with Deborah Rhode, David Luban, and Nora Engstrom).

Listen now to learn more!

To learn more about Professor Cummings and to view a list of his publications, please click here.

Host: Aaron Freiwald

Guest: Scott Cummings

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Expand the Court: A Conversation w/ Michael Klarman Nov 06, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Michael Klarman, of Harvard Law, to discuss the notion of expanding the Supreme Court, the 2020 election and its potential outcomes, political history, and what Justice Barrett’s recent conformation could mean for our future. Aaron and Michael have a truly riveting conversation that covers many critical topics which may prove paramount to our country’s democratic future.

We post this episode days after one of the most contentious and important election nights of our lifetime. In today’s episode, Aaron and Michael talk about entrenching democracy and how this is absolutely a moment of opportunity. Delving into all of the relevant topics of this week, Michael and Aaron touch on the electorate, the Constitution, geographic clustering, race, voter suppression and more. Michael explains why he believes it absolutely necessary to expand the Court, exploring both the arguments for and against this idea, as well as why in his opinion we as a society can’t afford not to. Aaron and Michael discuss the electoral college, the future of Roe v. Wade, the role of politics in the Supreme Court and the potential agenda of conservative Justices, court legitimacy, and the questions surrounding the future of our institutions’ norms. Is the system broken?

Professor Klarman is the Kirkland & Ellis Professor at Harvard Law School. He received his B.A. and M.A. in political theory from the University of Pennsylvania, his J.D. from Sandford and his D. Phil. In legal history from the University of Oxford. After law school, Professor Klarman clerked for the Honorable Ruth Bader Ginsburg on the United States Court of Appeals for the D.C. Circuit before joining the faculty at the University of Virginia School of Law. He has won numerous awards for his teaching and scholarship, which are primarily in the areas of Constitutional Law and Constitutional History. In 2009 he was inducted into the American Academy of Arts & Sciences. Professor Klarman is also a published author; he is currently working on a revisionist history of the Founding.

Listen now to learn more!

To learn more about Professor Klarman and to find a list of his publications, please click here.

To read Professor Klarman’s recent Q&A feature in the Harvard Gazette, please click here.

Host: Aaron Freiwald

Guests: Michael J. Klarman

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Youth Vote to the Rescue: A Conversation w/ Olivia Freiwald & Violet Massie-Vereker Oct 29, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by two climate youth activists and electoral organizers, Olivia Freiwald, 21, and Violet Massie-Vereker, 19, both of the Sunrise Movement and of the Down Ballot Disruption Project (DBDP), to discuss youth voting, the 2020 election, the importance of galvanizing youth political efforts, and the impact the youth will undoubtedly have on our future.

What is the DBDP? Why is the Green New Deal so important?

In today’s episode, Aaron, Olivia, and Violet have an inspiring conversation on the possibilities of change. With the 2020 election days away, today’s conversation is paramount. Motivated at young ages, both Olivia and Violet, explain how their personal experiences have shaped their current political vision, the two talk about the climate crisis, electoral organizing, “sleepy dems,” awareness, responsibility and how to think big. Violet and Olivia discuss their frustration with the current power imbalance they see in politics but also the ways in which they are excited for the future. Aaron, Olivia, and Violet talk about the advantage younger people have in understanding how to use technology effectively and efficiently as well as the role of relationship organizing and social media networks.

Founded in 2017, Sunrise is a youth movement to stop climate change and to create millions of good jobs in the process. The idea is to “build an army” of young people to make climate change an urgent priority across America, end the “corrupting influence of fossil fuel executives on politics,” and elect leaders who stand up for the health and wellbeing of all people. Through talking to neighbors, families, religious leaders, classmates, and teachers, Sunrise spreads their message; “our strength and work is rooted in our local communities, and we are always growing in number.”

The Down Ballot Disruption Project, or DBDP, equips “young people across the country with the skills, resources, and support they need to elect progressive leaders in their communities.” From the school board to Congress, down ballot politics have the biggest influence on our everyday lives, yet their races are historically de-prioritized. Everything from voter services, to pipeline approvals, to police funding is governed by local offices; DBDP highlights that the difference between victory and defeat often comes down to less than 1,000 votes. This November, the DBDP is hopeful to elicit change by electing a “new generation of leaders who care about our future.”

We’re posting this episode early to remind you once again how critical it is that everyone votes – every voice matters. Please make sure you have a plan for how to vote!

Listen in now!

To learn more about the Down Ballot Disruption Project, please click here.

To learn more about the Sunrise Movement, please click here.

To learn more about The Green New Deal, please click here.

Host: Aaron Freiwald

Guests: Olivia Freiwald & Violet Massie-Vereker

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Justice for Justice (the horse): A Conversation w/ Matthew Liebman Oct 23, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by law professor and advocate, Matthew Liebman, of the University of San Francisco, to discuss animal rights and the notion of animal law.

Who is a “rights holder” under the law? In today’s episode, Aaron and Matthew explore this idea as they delve into the arguments about animal rights and the law and how the law is applied to nonhuman animals. In discussing strategic impact litigation, the question of property vs. life, compassion, and animal ethics, Matthew and Aaron talk about the animal law movement and what our obligations to animals are. Matthew touches on a groundbreaking case he is currently involved with, Justice v. Gwendolyn Vercher, that the Animal Legal Defense Fund filed on behalf of an 8-year-old horse named Justice. Throughout today’s conversation, Aaron and Matthew talk about the importance of animal rights, animal ethics and of making good law.

Professor Liebman joined the USF faculty in 2020 as the endowed Justice for Animals chair, as well as an associate professor of law. Before USF, Matthew was the director of litigation for the Animal Legal Defense Fund, where he litigated animal protection cases, including groundbreaking cases to defend the First Amendment rights of activists and to establish fundamental legal rights for nonhuman animals, for 12 years. Professor Liebman has co-authored the book “A Worldview of Animal Law,” which examines how the legal systems of different countries govern our interactions with animals and often appears as a frequent media commentator on animal law issues. Professor Liebman’s writing has appeared in the Animal Law Review, the Journal of Animal Law, the Stanford Environmental Law Journal, and the Animal Legal & Historical Web Center. Professor Liebman clerked for the Honorable Warren J. Ferguson of the United States Court of Appeals for the Ninth Circuit.

Listen in now!

To learn more about Professor Liebman, please visit his bio page here.

To learn more about the Animal Legal Defense Fund please click here.

To learn more about the study of Animal Law at USF, please click here.

To learn more about Justice v. Gwendolyn Vercher, please click here.

Host: Aaron Freiwald

Guest: Matthew Liebman

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

A Handmaid’s Tale: A Conversation w/ Eileen Hunt Botting Oct 16, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Political Science Professor, Dr. Eileen Hunt Botting, of the University of Notre Dame, to discuss this week’s Supreme Court confirmation proceedings of Judge Amy Coney Barrett, the impact that these hearings will have on our Court, our country, and our history, as well as what this moment in time will mean moving forward.

As yesterday marked the final day of Judge Barrett’s confirmation hearings, the country waits to see if Judge Barrett will assume Justice Ruth Bader Ginsburg’s seat on the Court. Today’s conversation is paramount– Aaron and Eileen breakdown the fundamental problems at play in the refusal to halt Judiciary Committee proceedings until after the November election, detail Judge Barrett’s professional career and missteps in and since accepting the nomination, and debate whether or not our democratic foundation is in jeopardy. Professor Botting is one of more than 80 Notre Dame colleagues who penned a letter to Judge Barrett urging her to suspend her nomination for three critical reasons – 1. Voting for the next president is already underway, 2. It was RBG’s dying wish that her seat not be filled until after the election, and 3. The United States is in a crisis. Eileen and Aaron explore these reasons as they touch on the ideas of political polarization, the pandemic, political strategy and evasiveness, American exceptionalism, originalism, the Constitution as well as the broader ideas of dystopian literature, women’s rights, the writings of our Founding Fathers and Mothers, hope, equality and liberty, 18th century political thought and more.

A graduate of both Cambridge and Yale, Dr. Botting is a political theorist whose scholarly interests cover modern political thought, feminism, the family, rights, ethics of technology, philosophy and literature. Eileen’s research and teaching interests include Political Theory, Comparative Political Theory, History of Political Thought and consist of such subjects as Enlightenment, American, Feminist, Liberal, and International Political Thought. A published author, some of her books are: “Family Feuds: Wollstonecraft, Burke, and Rousseau on the Transformation of the Family (SUNY, 2006), “Wollstonecraft, Mill, and Women’s Human Rights” (Yale, 2016), and “Mary Shelley and the Rights of the Child: Political Philosophy in ‘Frankenstein’ (Penn Press, 2017,) plus several edited volumes and scholarly editions. Professor Botting has two new books forthcoming in 2020 and she has received grants and fellowships to support her writing. Her essays, political analyses, and opinion pieces have appeared in Aeon Magazine, The Washington Post, The New York Times, and The TLS.

Listen in now!

To learn more about Professor Botting, please visit her Notre Dame bio page here.

To read Professor Botting’s article, “Amy Coney Barrett’s Fall from Grace: A Rose Garden superspreader event puts in doubt the Supreme Court nominee’s commitment to the right to life,” please click here.

To read, “An Open Letter to Judge Amy Coney Barrett From Your Notre Dame Colleagues,” please click here.

Host: Aaron Freiwald

Guest: Eileen Hunt Botting

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Repost: Defund the Police? A Conversation w/ Alex Vitale Oct 09, 2020

What does it mean to “defund the police”?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Alex S. Vitale, of Brooklyn College, to discuss “defunding” the police.

Many protester signs carry this slogan. And the President is stoking fears among voters through his dark “911” video political ads. Aaron and Alex dive deep into the topic to explore what it would actually mean to end policing as we know it.

What role have police played in our communities historically? Whose safety and interests were the police protecting? Slaves or Slave-owners? Workers or Industrialists? Is the ideal we all have that police are in the business of keeping all of us safe, all of us equally safe more a myth than a reality?

Should police be in the business of “law enforcement” in schools? Rounding up the homeless and the mentally ill? Filling our prisons with low-level drug offenders? Should these functions be in the hands of counselors and social workers and other community oriented professionals, rather than armed police?

Do police reforms even work? The police department in Minneapolis that employed the officer who killed George Floyd offered training in implicit bias; had policies and procedures; had committed to greater diversity in hiring,

Are there better ways to spend the vast resources now spent on policing? Could we improve public safety better, actually reduce suffering and crime if we dedicated resources to communities in need and attacked the roots of social and economic harm that give rise to crime?

These are challenging and difficult questions. We need to have a conversation about this and understand the facts and not react reflexively. We hope this episode is a start.

Alex is a Professor of Sociology in the School of Humanities and Social Justice, as well as a Coordinator of the Policing and Social Justice Project at Brooklyn College and is a Visiting Professor at London Southbank University. He has spent the last 30 years writing about policing and consults both police departments and human rights organizations internationally. Professor Vitale’s expertise is in sociology, policing, community policing, civil disorder, demonstrations, crime, alternatives to incarceration, youth violence, gangs, drug policy, school safety, sex work, social movements and urban politics. In addition to The End of Policing, Alex is also the author of City of Disorder: How the Quality of Life Campaign Transformed New York. His academic writings on policing have appeared in Policing and Society, Police Practice and Research, Mobilization, and Contemporary Sociology. Professor Vitale is also a frequent essayist, whose writings have appeared in The New York Times, Washington Post, The Guardian, The Nation, Vice News, Fortune, and USA Today.

Listen in to learn more!

To learn more about Professor Vitale, please visit his bio page here.

Please out check out Alex’s personal website here for further publications, resources, announcements and more.

To learn more about Alex’s book, The End of Policing, please click here.

To learn more about the Policing and Social Justice Project at Brooklyn College please visit their website here.

Host: Aaron Freiwald

Guest: Alex S. Vitale

Repost: Will Trump Go? A Conversation w/ Lawrence Douglas Oct 02, 2020

If Trump loses in November, what will he do? What could happen? Will it be a complete meltdown of our electoral and political system? Or worse?

As this week marks the first presidential debate in the 2020 election, we are reposting our conversation with Professor Lawrence Douglas. Originally episode #196, this discussion is absolutely critical as November approaches.

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Lawrence Douglas, a professor of law, jurisprudence, and social thought at Amherst College and the author of a new book, Will He Go?: Trump and the Looming Election Meltdown in 2020. In this episode, Aaron and Lawrence tackle what will happen if Trump loses the election but refuses to concede defeat – discussing the notion of electoral integrity, the role of the electoral college and the other ways the system we have for electing our president is antiquated and dysfunctional.

In short, the potential for dirty tricks, even election fraud and political crisis-making is great and it is real.

In advance of the 2020 election, Lawrence prepares readers of “Will He Go?” for the possibility of a less-than-peaceful transition of power. What legal and extra-legal paths could Trump pursue in mobilizing a challenge? Lawrence considers the chaos that could unfold if Trump loses a closely contested election. Aaron and Lawrence talk about Trump’s base, what past tumultuous elections have taught us about ways the election train could run right off the tracks this year, the increasing importance of mail-in ballots and “the big blue shift,” the impact of the pandemic on voting, and much more.

What could the fallout be? Can our democracy snap back from Trump?

Professor Douglas is the author of seven books, including The Right Wrong Man: John Demjanjuk and the Last Great Nazi War Crimes Trial, a New York Times “Editor’s Choice,” and has published two novels. His commentary and essays have appeared in Harper’s, The Washington Post, The New York Times, and The Lost Angeles Times; and he is a regular contributor to the Times Literary Supplement and The Guardian (US), where he is also a contributing opinion writer. A Yale Law graduate, Lawrence teaches interdisciplinary courses to a range of students, some first-term, while others are designed for juniors and seniors. Professor Douglas’ courses ask students to see the law not as a narrow system of rules, but as a complex system that serves to constitute and maintain ordered patterns of social life.

How might Trump engineer his refusal to acknowledge electoral defeat? Listen now to find out!

To learn more about Professor Douglas, please visit his bio page here.

To check out Professor Douglas’ new book, Will He Go?: Trump and the Looming Election Meltdown in 2020, please click here.

Host: Aaron Freiwald

Guest: Lawrence Douglas

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

The Menace of Economic Insecurity: A Conversation w/ Michael Graetz Sep 25, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Michael Graetz, of Columbia Law School, to discuss economic instability, politics and policy, and Professor Graetz’s new co-authored book, “The Wolf at the Door: The Menace of Economic Insecurity and How to Fight it.”

Are we in a time of crisis? In today’s conversation, Aaron and Michael delve deep into the questions of American politics, globalization, the world economy, healthcare and more. In “The Wolf at the Door,” Michael and his co-author, Ian Shapiro, of Yale, explore the meaning and origins of economic insecurity and how it affects Americans’ pocket books and also their politics. Michael explains that Americans are concerned about losing what they have, whether jobs, status, or safe communities. “They fear the wolf at the door.” Aaron and Michael touch on private industry, legislative politics, employment, the pandemic and its impact, the November election, Trump’s Administration and the American political system at large, infrastructure, protectionism, and the notion of universal adjustment assistance. “The Wolf at the Door” proposes realistic policy solutions and strategies to make individuals and communities more secure, throughout this episode Michaels expands on these ideas as he and Aaron talk about increasing jobs, improving wages, protecting families suffering from unemployment, and the importance of better health care opportunities.

A leading expert on national and international tax law, Professor Graetz joined the Columbia faculty in 2009, after 25 years at Yale Law School, where he is a professor of law emeritus and a professorial lecturer. He has written on a wide range of tax, international taxation, health policy, and social insurance issues. His recent scholarship has focused on U.S. legal history and problems around economic inequality. Professor Graetz has been invited to testify as an expert witness on a variety of tax matters before U.S. House Representatives Committee on Ways and Means and the Senate Committee on Finance. His honors include being elected to the American Academy of Arts & Sciences and chosen a John Simon Guggenheim Memorial Fellow. In 2013, Professor Graetz was awarded the National Tax Association’s Daniel M. Holland Medal for lifetime achievement in the study of the theory and practice of public finance.

Listen in to learn more!

To learn more about Professor Graetz, and to view a complete list of his publications, please visit his Columbia bio page here.

To check out Professor Graetz’s latest book, “The Wolf at the Door: The Menace of Economic Insecurity and How to Fight it,” please click here.

Host: Aaron Freiwald

Guest: Michael Graetz

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Repost: Notorious RBG and Her Incredible Legacy: A Conversation w/ Scott Dodson Sep 21, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Scott Dodson, of UC Hastings College of Law, to discuss Supreme Court Justice Ruth Bader Ginsburg, as well as Scott’s book on the legal legend, The Legacy of Ruth Bader Ginsburg. Today, Aaron and Scott talk about R.B.G’s past, her stunning career, her amazing achievements, and her incredible impact on modern law.

A legal icon, R.B.G has had a profound impact on the way we think about everything from gender equality to civil procedure. Scott’s book is a collection of essays that draws together thoughtful contributors from a wide range of fields to provide a rich and compelling account of Justice Ginsburg’s career. In more than four decades as a lawyer, professor, appellate judge, and associate justice of the U.S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. Aaron and Scott talk about how R.B.G has helped shape our world, discussing her past and exploring the historical contexts in which she pushed gender boundaries and broke barriers. Reliving Justice Ginsburg’s storied career, Scott and Aaron, touch on glass ceilings, equal protection, the Constitution and more.

An expert in civil procedure and federal courts, Scott has written more than eighty papers appearing in Stanford Law Review, New York University Law Review, Michigan Law Review, University of Pennsylvania Law Review, California Law Review, Virginia Law Review, Duke Law Journal, Northwestern University Law Review, Georgetown Law Journal, Vanderbilt Law Review, and several peer-reviewed journals, among others. He is the author of six books, including the one at the center of today’s conversation. His writings have been cited in more than twenty court opinions, including by the Alabama, Nebraska, and Texas Supreme Courts, and the Second, Third, Fourth, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits; Professor Dodson also is a frequent news commentator, appearing on a variety of shows, and is quoted in various print media and blogs.

Prior to his appointment as the inaugural Geoffrey C. Hazard Jr. Distinguished Professor of Law, Professor Dodson held the James Edgar Hervey Chair in Litigation. Before joining UC Hastings, Scott held a permanent faculty appointment at William & Mary Law school from 2009-2012 and at the University of Arkansas School of Law from 2006-2009. Professor Dodson teaches courses in Civil Procedure, Civil Litigation Concentration, Federal Courts, Comparative Civil Procedure, and Conflict of Laws.

To learn more about Professor Dodson and to access the list of his publications, please follow the link to his bio page at UC Hastings by clicking here.

To learn more about Professor Dodson’s book, The Legacy of Ruth Bader Ginsburg, please click here.

Host: Aaron Freiwald

Guest: Scott Dodson

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Science and Proving Harm: A Conversation w/ Carl Cranor Sep 18, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Philosophy Professor Carl Cranor, of the University of California, Riverside, to discuss toxic chemical exposure and the legal challenges in proving when a dangerous chemical or substance causes harm.

In today’s conversation, Aaron and Carl delve deep into the intersection between law and science. The author of numerous books and articles on today’s topic, Carl’s areas of interest include legal and moral philosophy, specifically issues concerning risks, science and the law, the regulation of carcinogens and developmental toxicants, and the use of scientific evidence in legal decisions. Carl and Aaron talk about a variety of things throughout this episode, ranging from tort litigation to the Trump administration. Aaron and Carl explore the differences between regulating pharmaceuticals and pesticides in comparison to toxins as well as what tools we as a society have to establish whether or not something is in fact safe or harmful. Statistical significance, the role of Judges, the EPA, philosophical values and ethics, toxicology and epidemiology, and the notion of “certain science” are all topics Aaron and Carl touch on. Are we in the middle of an assault on science?

A graduate of both UCLA (Ph.D.) and Yale Law School (M.S.L.), Dr. Cranor is a Distinguished Professor of Philosophy and a Faculty Member of the Environmental Toxicology Graduate Program at UC Riverside. Professor Cranor has focused much of his career on the morality, legality, and justice of exposure to toxic molecules that could threaten the public’s health. He has written widely on philosophic issues concerning, risks, science and the law, the use of scientific evidence in legal decisions for regulating carcinogens and developmental toxicants, the idea of acceptable risks, protection of susceptible populations, and how society might approach the regulation of new technologies and toxicants to better protect the public’s health. At the undergraduate level he has taught courses on ethics, political philosophy, law and society, legal philosophy, environmental ethics, justice and utilitarianism, among others. At the graduate level seminars have included, philosophy of the tort law, legal philosophy, and the idea of acceptable risks. He has served on science advisory panels as well as on Institute of Medicine and National Academy of Sciences Committees. Professor Cranor was the National Romanell-Phi Beta Kappa Professor in Philosophy for 2014-2015.

Listen in to learn more!

To learn more about Professor Cranor, and to see a full-list of his publications, please visit his bio page here.

To check out Tragic Failures: How and Why We Are Harmed by Toxic Chemicals, please click here.

To read Professor Cranor’s co-authored article, “The Use and Misuse of Bradford Hill in U.S. Tort Law,” please click here.

To read Professor Cranor’s article, “Milward v. Acuity Specialty Products: Advances in General Causation Testimony in Toxic Tort Litigation,” please click here.

Host: Aaron Freiwald

Guest: Carl Cranor

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Opioid Litigation and You: A Conversation w/ Glenn Ellis Sep 11, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Attorney Glenn Ellis, also of Freiwald Law, to discuss opioids, opioid litigation, and the opioid industry.

In today’s conversation, Aaron and Glenn talk about a variety of things; Glenn explains his work with opioid litigation and breaks down what it is these cases consist of, as well as the legal theories and questions that are present. Throughout, Glenn and Aaron talk about the new developments in the opioid field, such as the recent trend of big pharmacy manufacturers, like Purdue, dissolving and the differences between where and how these cases are handled in Federal vs. State Courts. Aaron and Glenn touch on the issues of big pharma, addiction, overdose, the DEA and more.

A partner at Freiwald Law, Glenn received his B.S. in Biochemistry from Drexel University, his J.D. from Rutgers University School of Law, and his L.L.M. from the James Beasley School of Law at Temple University. After law school, Glenn worked in the patent departments at Rohm and Haus and AstraZeneca. A big part of Glenn’s job still revolves around both chemistry and the sciences. Many of Glenn’s cases involve complex issues of medicine and science, such as his work in the opioid space, and he approaches them with the same attention to detail, patience, perseverance, and evidence-driven concern that he has always believed in.

Listen in to learn more. And if you or a loved one is struggling with opioid use or addiction, please call or email our office to see if you have a claim. Our office number is 215-875-8000 or you can send a confidential email to info@freiwaldlaw.com.

To learn more about Glenn, and the firm, please visit our website here.

Host: Aaron Freiwald

Guest: Glenn Ellis

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Hungry for More, a Journey from Lawyer to Rabbi: A Conversation w/ Chaim Galfand Sep 04, 2020

How do we think about law?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by fellow Penn Law alum, Rabbi Chaim Galfand, of Perelman Jewish Day School, to discuss the very notion of law itself and the many contexts in which we can think about the idea of law.

In today’s episode, Aaron and Chaim contemplate where it is we “get our compass points,” the idea of layers and dimension, the fact that law can be complicated and convoluted, the importance of making connections, and the concept of making a difference. Examining the parallels between American law and Jewish law, Chaim and Aaron delve deep into the idea of a lawyering life, drawing on their own personal and professional experiences.

Reflecting on his own journey, Chaim talks about how critical awareness is, as well as optimism and humility. In his article, “Virtual Faith,” in the Summer 2020 edition of the Penn Law Alumni Journal, Chaim writes more about these ideals and their role in navigating the current pandemic. Aaron and Chaim touch on this and more in today’s conversation - talking about commonality, interpretation, perspective, and division.

Why do we “practice” law? What are the misconceptions surrounding law? Is law central?

Listen in to learn more!

To learn more about Rabbi Galfand, as well as the Perelman Jewish Day School, please visit their website here.

To read Rabbi Galfand’s article, “Virtual Faith,” in the Summer 2020 edition of Penn Law’s Alumni Journal, please click here and visit page 29.

Host: Aaron Freiwald

Guest: Rabbi Chaim Galfand

Good Law | Bad Law Episode: #206

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Good Law | Bad Law - Social Change and Tech: A Conversation w/ Ray Brescia Aug 28, 2020

How do we use technology to create change? How do you empower a movement?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Law Professor Raymond Brescia, of Albany Law School, to discuss social movements, social change, and the impact of technology. The Hon. Harold R. Tyler Chair in Law and Technology at Albany, Ray is a student of today’s topic, having long been interested in the intersection between technology and community organizing.

In his most recent book, The Future of Change: How Technology Shapes Social Revolutions, Ray identifies a series of “social innovation moments” in American history. Today, Aaron and Ray explore the notions of “The Future of Change” and how these ideas relate to today’s technology, social media platforms, and cultural movements. In both his book and today’s episode, Ray explains that, almost without fail, developments in how we communicate shape social movements, just as those movements change the very technologies themselves. Aaron and Ray discuss these ideas using historical parallels and examples, such as the effects of the advent of the steam printing press on the Abolitionist movement, as well as contemporary instances and examples like Twitter and the #MeToo movement. Ray illuminates the complicated, dangerous, innovative, and exciting relationship between these technologies and social change. Aaron and Ray delve into how social movements have embraced communications technologies, touching on the topics of grass roots organizing, the duality of technology, shared destiny, group thinking and combating confirmation bias, deep fake videos and “fake news,” creativity in problem solving and advocacy, messaging and promotion, Ray’s notion of “the matrix,” and more.

Professor Brescia combines his experience as a public interest attorney in New York City with his scholarly interests to address economic and social inequality, the legal and policy implications of financial crises, how innovative legal and regulatory approaches can improve economic and community development efforts, and the need to expand access to justice for people of low and moderate income. Before his time at Albany, Professor Brescia was the Associate Director of the Urban Justice Center in New York, N.Y., where he coordinated legal representation for community-based institutions in areas such as housing, economic justice, workers’ rights, civil rights, and environmental justice. Prior to his work at the Urban Justice Center, Professor Brescia was a staff attorney at New Haven Legal Assistance and the Legal Aid Society of New York, where he was a recipient of a Skadden Fellowship after graduation from law school.

Professor Brescia also served as a Law Clerk to the pathbreaking Civil Rights attorney-turned-federal judge, the Honorable Constance Baker Motley, Senior U.S. District Court Judge for the Southern District of New York. While a student at Yale Law School, Professor Brescia was co-recipient of the Charles Albom Prize for Appellate Advocacy; was a student director of several clinics, including the Allard K. Lowenstein International Human Rights Law Clinic and the Homelessness Clinic; and was a Visiting Lecturer in Yale College.

Listen in to learn more!

To learn more about Professor Brescia, please visit his bio page here. Here you will also find a comprehensive list of Professor Brescia’s publications, other books and forthcoming works.

To check out, The Future of Change: How Technology Shapes Social Revolutions (Cornell University Press 2020),please click here.

To check out Professor Brescia’s blog, The Future of Change, please click here.

Professor Brescia is a regular contributor to the Huffington Post. To view a collection of these works, please click here.

Host: Aaron Freiwald

Guest: Raymond H. Brescia

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Good Law | Bad Law - LGBTQ Rights and the Election: A Conversation w/ John Culhane Aug 21, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Law Professor John Culhane, of Widener University Delaware Law School, to discuss LBGTQ+ rights and the law. In today’s conversation, Aaron and John discuss what the 2020 Presidential election will bring as far as administrative changes, and contemplate what the aftereffects may be regarding the LGBTQ+ community.

In this episode, Aaron and John explore the challenge of reconciling the Constitutional rights of religious freedoms and personal liberties, touching on the issues of executive action and the administrative state, the magnitude of an administration’s position and the affects of these on the Supreme Court, as well as the complexities in easing tension between religion and the right to non-discrimination. John and Aaron talk about the Colorado Masterpiece Bake Shop case (Masterpiece Cakeshop v. Colorado Civil Rights Commission), the importance of our vote, Title VII, immigration, the landmark Obergefell decision (Obergefell v. Hodges), the “Don’t Ask, Don’t Tell” policy, and more. Looking ahead, Aaron and John ruminate on the anticipated upcoming issues, as well as the cases percolating through the system now, such as a Philadelphia foster care case and a surrogacy matter involving a same-sex couple. What should we expect to see after November? And, what will be the fallout?

Professor Culhane is a Professor of Law and the H. Albert Young Fellow in Constitutional Law and Co-Director of the Family Health Law & Policy Institute at Widener University Delaware Law School, as well as a contributing writer for Slate Magazine. Teaching courses in Family Law, Torts, Public Health Law, and others, John is inspired by his student’s desire to expand their knowledge and deepen their comprehension of what he refers to as “often dense and even ‘messy’ legal doctrine and policy.”

Professor Culhane is a co-author of “Same-Sex Legal Kit for Dummies,” editor and a contributor to “Reconsidering Law and Policy Debates: A Public Health Perspective,” and the author of some three dozen law review articles on a wide range of topics, including: the rights of LGBT couples; compensation of victims of mass disasters; the public health implications of such disparate issues as sports-related concussions, bullying, same-sex marriages, and vaccine compensation policy; in addition to a wide range of tort law issues (including informed consent, product liability, and educational malpractice.) He has thrice won the Outstanding Faculty award at Widener, and has twice received the Douglas E. Ray Scholarship Award. Professor Culhane is co-chair of Widener’s LGBT Task Force and a member of the Board of Directors of Women’s Way. He is also a member of the Advisory Council of Equality Delaware.

Listen in to learn more!

To learn more about Professor Culhane, please visit his bio page here.

Host: Aaron Freiwald

Guest: John Culhane

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Good Law | Bad Law -Vote! Vote! Vote! A Conversation w/ Kelly Chambers Aug 14, 2020

Register!!

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Kelly Chambers, the lead Field Organizer for HeadCount’s in Philadelphia, to discuss voting and voter registration. A non-partisan organization, Headcount uses the power of music, art, pop-culture and community to promote participation in democracy.

Founded in 2004 by Andy Bernstein and musician Marc Brownstein, of the Disco Biscuits, HeadCount has deep roots in the music industry and continues to expanded on its original idea of meeting people where they already are. As we are now less than 100 days from Election Day and in our sixth month of a global pandemic, HeadCount continues to innovate. Kelly and Aaron talk about HeadCount’s recent projects and campaigns, including their digital presence, use of QR and text codes, and social media channels. HeadCount and its volunteers seek to spark positive social action and energize people to get involved by making civic participation easy and fun.

In today’s conversation, Aaron and Kelly address the challenges of the pandemic and voting, the misconceptions and misinformation around mail-in ballots, voter suppression, voting ease and accessibility, and more. Kelly and Aaron discuss the upcoming November election and the importance of our vote. What do you need to know? Listen now to find out!

Since their creation, HeadCount has signed up over 600,000 voters through their work with touring musicians like Ariana Grande, Dead & Company, and Beyonce, and events like Lollapalooza, Bonnaroo, Pride Festivals and RuPaul’s DragCon. Their digital campaigns have won Clio and SHORTY awards, and their public service announcements have starred the likes of Jay-Z, Dave Matthews, members of the Grateful Dead and Brockhampton. More information about these initiatives and events can be found on their website linked below.

To learn more about HeadCount and how you can get involved, please visit the website headcount.org here. On their site you will find resources, as well as all the important information on voting registration and mail-in voting.

Don’t forget the deadline to register in Pennsylvania is October 19th! Check in your state to make sure you register before the applicable deadline where you live.

Host: Aaron Freiwald

Guest: Kelly Chambers | kellyc@headcount.org

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Good Law | Bad Law - Bias in Police Crime Labs: A Conversation w/ Sandra Thompson & Nicole Casarez Aug 07, 2020

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Sandra Guerra Thompson, of the University of Houston, and Professor Nicole Bremner Casarez, of the University of St. Thomas Houston, to discuss forensic testing, wrongful convictions, and the necessity for transparency and reliable testing in the criminal justice system, as well as one of the world’s leading independent crime labs.

In today’s episode, Aaron, Sandra, and Nicole delve into the issues of forensic science and impartiality. In their recent Houston Law Review article, “Solving Daubert’s Dilemma for the Forensic Sciences Through Blind Testing,” Nicole and Sandra describe a major breakthrough in developing a statistical foundation for forensic science disciplines: a cutting-edge blind proficiency testing program operating in six disciplines at the Houston Forensic Science Center (HFSC). Sandra is a charter member of the Board of Directors of the HFSC and now serves as the Vice Chair; Nicole is also a charter member of the Board of Directors and served as the Board Chair from July 2015 to June 2019. In today’s conversation, Sandra and Nicole explain their article and HFSC’s operations further, as the discussion focuses on blind testing, ground truths, error rates, and more. Aaron, Nicole and Sandra apply these ideas to the broader context of today as the conversation evolves to cover police operations, biases and conflicts, police reform, and the notion of accuracy in our justice system.

A Yale Law graduate, Sandra is the Newell H. Blakely Professor in Law and Director of the Criminal Justice Institute at the University of Houston Law Center, teaching courses in Criminal Law, Evidence, Hot Topics in Criminal Law and Procedure, and Criminal Evidence. She is the recipient of the University of Houston’s Distinguished Leadership in Teaching Excellence Aware in 2015, as well as the Teaching Excellence Award in 2003 and the Ethel Baker Faculty Aware in 2000. Her recent book is Cops in Lab Coats: Curbing Wrongful Convictions with Independent Forensic Laboratories (Carolina Academic Press 2015). Professor Thompson has written articles on subjects including: wrongful convictions, eyewitness identifications, forensic science, civil asset forfeiture, federal sentencing, discrimination in jury selection, prosecutorial ethics, police interrogations, and immigration crimes.

Nicole is an attorney and a Professor of Communication at the University of St. Thomas in Houston. Her areas of expertise include Media Law, Wrongful Conviction, Media Ethics, Public Relations and Civil Rights. Professor Casarez’s journalism students investigate many capital and non-capital cases, including the case of Texas death row inmate Anthony Graves that drew state and national attention; Casarez was one of the lawyers representing Graves at the time of his exoneration in 2010.

Listen in to learn more!

To learn more about Professor Thompson, please visit her bio page at the University of Houston here.

To learn more about Professor Casarez, please visit her bio page at the University of St. Thomas, Houston here.

To learn more about the Houston Forensic Science Center, please visit their website here.

To read “Solving Daubert’s Dilemma for the Forensic Sciences Through Blind Testing,” please click here.

Host: Aaron Freiwald

Guests: Sandra Guerra Thompson & Nicole Casarez

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Facebook: @GOODLAWBADLAW

Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

Good Law | Bad Law - Defund the Police? A Conversation w/ Alex Vitale Jul 31, 2020