Good Law | Bad Law - Aaron Freiwald

Latest Episodes:

Good Law | Bad Law #117 - Is Trump Killing American Democracy? w/ Aziz Huq Jan 25, 2019

Show notes

Is our democracy in danger?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Aziz Huq, from the University of Chicago Law School, to talk about the state of our constitutional democracy.

How do we save a constitutional democracy once its core principles begin to erode? That’s the question at the center of today’s episode and the question Professor Aziz Huq and his Co-Author address in their new book, “How To Save A Constitutional Democracy.” Aaron and Aziz examine the state of our country’s institutions and the health of our democracy, particularly in these deeply divided times.

Under President Trump, Is our democracy being destroyed or is it experiencing a renewal? There are arguments on both sides of course. Once you listen to the episode, please share your own thoughts. We always appreciate the feedback!

To purchase this or one of Aziz’s other books, visit: https://www.amazon.com/s/ref=dp_byline_sr_ebooks_2?ie=UTF8&text=Aziz+Z.+Huq&search-alias=digital-text&field-author=Aziz+Z.+Huq&sort=relevancerank

Host: Aaron Freiwald

Guest: Aziz Huq

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Good Law | Bad Law #116 - War on Terror, War on Rights? w/ Richard Abel Jan 18, 2019

Show notes

How do national security concerns change our rights?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Richard Abel, from the UCLA Law school to talk about the war on terror has played on our country since its beginning in 2001.

Throughout our country’s history there have been times when the rights of the individual have been set aside due to a perceived threat to the country’s safety. One of the more notable examples in recent memory is when George Bush authorized the creation of Guantanamo Bay, a detention facility designed to imprison and interrogate the most dangerous criminals and terrorists. A report in 2013 concluded that health professionals working with the military and intelligence services “designed and participated in cruel, inhumane and degrading treatment and torture of detainees.”

Another example is the formation of Japanese internment camps after the attacks on Pearl Harbor in 1941. Both examples show complete disregard for the constitution and the rights it grants to all individuals. Richard and Aaron talk about these events and how the US government can do this to its citizens.

Join us today to learn more about how our laws and rights are protected, or not protected, during times of war and national crisis.

To purchase Richard’s book “Laws Trials” go to https://www.cambridge.org/us/academic/subjects/law/socio-legal-studies/laws-trials-performance-legal-institutions-us-war-terror?format=HB

Host: Aaron Freiwald

Guest: Richard Abel

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Good Law | Bad Law #115 - Why We Need A “Special” Prosecutor W/ Andrew Coan Jan 11, 2019

Show notes

Why do we even need a Special Prosecutor?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Andrew Coan, from the University of Arizona to talk about the history and importance of the Special Prosecutor.

Over the past two years many of us have become familiar with the concept of a Special Prosecutor thanks to Robert Mueller’s investigation into Donald Trump’s presidential campaign and Russia connections. But what isn’t obvious is, why we need a special prosecutor in the first place? Andrew just released a book called “Prosecuting the President” that talks about the role of the Special Prosecutor and the various times a Special Prosecutor has been appointed since the role was first created under President Ulysses S. Grant.

Join us today to learn more about the role of the Special Prosecutor, the powers he possesses, and how they’ve been utilized throughout history.

To purchase Andrew’s book “Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law” go to: https://www.amazon.com/Prosecuting-President-Prosecutors-Presidents-Accountable/dp/0190943866/ref=sr_1_1?ie=UTF8&qid=1547246011&sr=8-1&keywords=prosecuting+the+president

Host: Aaron Freiwald

Guest: Andrew Coan

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Good Law | Bad Law #114 - Why can’t gun makers be sued? w/ Dan Feldman Jan 04, 2019

Show notes

Should gun makers be held accountable for shootings?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Dan Feldman, from the John Jay College of Criminal Justice, to discuss gun maker immunity.

Last year, the United States saw over 35,000 gun deaths, over 85,000 gun related injuries, and not a single case brought against the makers of these weapons -- thanks to the “Protection of Lawful Commerce in Arms Act”, a 2005 law that grants near total immunity to firearm manufacturers. Amazingly, no other industry in our country enjoys the broad federal protection. On today’s episode, Professor Feldman, who is intimately familiar with this issue from his many years in the New York State Legislature and the New York State Attorney General’s office, explains the history of the PLCAA, what exactly it protects the firearm manufacturers from and what they can still be held liable for, and why he believes we must press Congress to reconsider this law.

To learn more about the PLCAA we’ve provided some resources below:

The Protection of Lawful Commerce in Arms Act: An Overview of Limiting Tort Liability of Gun Manufacturers - https://fas.org/sgp/crs/misc/R42871.pdf

Wikipedia - https://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act

Brady Campaign - http://www.bradycampaign.org/the-protection-of-lawful-commerce-in-arms-act-plcaa

Cornell Law School - https://www.law.cornell.edu/uscode/text/15/chapter-105

You can learn more about Dan, by visiting his bio at: https://www.jjay.cuny.edu/faculty/daniel-l-feldman.

Host: Aaron Freiwald

Guest: Dan Feldman

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Good Law | Bad Law #113 - Why Do we Punish and How? w/ Jonathan Jacobs Dec 28, 2018

Show notes

What are the moral implications of a broken prison system?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Jonathan Jacobs, the Chair of the Department of Philosophy at John Jay College of Criminal Justice in New York, to talk about the prison systems in America.

On today’s episode Aaron and Jonathan closely examine the impact the prison system has on people in our society and how we, as a society, view people who have been to prison. As Jonathan explains, prison is intended to be punishment; one is sent to prison as punishment for a crime. But more and more we expect prison not only to be a punishment in and of itself, but also a place where inmates are actually punished, through deprivation, through poor conditions, through lack of opportunity. In addition, society inflicts further punishment even long after an individual’s release from prison, by making it difficult for a person to find employment, denying ex-cons the right to vote, and so on.

As Dr. Phil might say, “How is this working for us?” Or, as Jonathan asks, as a matter of moral and ethical responsibility, are we how well does our practice meet our goals for those who undergo punishment for crimes in our country?

This is a fascinating discussion about the moral and philosophical implications of a prison system that is being eroded by the same democracy that created it. To learn more about Jonathan and his work visit http://www.jjay.cuny.edu/faculty/jonathan-jacobs.

Host: Aaron Freiwald Guest: Jonathan Jacobs

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Good Law | Bad Law #112 - Lawmakers May Not Hold the Key to Climate Change w/ Michael Vandenbergh & Jonathan Gilligan Dec 21, 2018

Show notes

How can private industry make the quickest impact on climate change?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Michael Vandenbergh and Jonathan Gilligan from Vanderbilt University to talk about the future of climate change.

Sometimes, the law cannot solve a problem or, when it comes to climate change, arguably the biggest problem our country faces. Michael, an environmental lawyer, and Jonathan, a climate scientist, join the show today to talk about a book they recently co-authored called, Beyond Politics: The Private Governance Response to Climate Change. In their book, they argue that the private sector, not the government, provides the biggest potential for making a significant difference in climate change in the short term. Michael and Jonathan discuss the background of the climate crisis we face and why, they argue, we cannot afford to wait for the federal government to take action to address the crisis. Fortunately, some major American businesses are already making significant progress in reducing their carbon footprint to help limit the effects of climate change.

To learn more about their book visit https://www.beyondpoliticsbook.com/.

Host: Aaron Freiwald

Guest: Michael Vandenbergh & Jonathan Gilligan

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Good Law | Bad Law #111 - If you give away your DNA, who else can access it? w/ Natalie Ram Dec 14, 2018

Show notes

Giving your DNA to one of the many commercial DNA kit companies, the ones who tell you about your family tree or your hidden health risks, sounds innocent enough, right? But is it?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Natalie Ram, an assistant professor of law at the University of Baltimore Law School, to discuss these privacy issues. An expert in biotechnology, bioethics, and innovation policy, Natalie offers stern warnings to those who give away their DNA to companies like 23 and Me and Ancestry.com.

When you give away your DNA to one of these commercial, at-home, DNA testing services, you allow them, to share not only your own DNA with all those who participate in the databases, but the DNA of your close family members, including your children. Law enforcement then can – and in some very high profile criminal investigations already has – use that data to obtain evidence that can be used to solve crimes. The law is evolving in this cutting-edge industry, and, Natalie explains, it is crucial to understand constitutional rights that may be implicated.

As many as 60% of Americans may already be identifiable through these databases because the technology has become sophisticated enough to link a person’s immediate family members as well as distant family, like third or fourth cousins. Join in on the conversation to learn more and decide for yourself whether you want to take the risks involved in this seemingly innocent activity.

Host: Aaron Freiwald

Guest: Natalie Ram

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Good Law | Bad Law #110 - Ag-Gag Laws and the First Amendment w/ David Muraskin Dec 07, 2018

Show notes

Do the giant agricultural companies and cattle ranchers have the right to be protected against those who shed light on their business practices and their impact on the environment? Or does the First Amendment have something to say about that?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by David Muraskin from the non-profit organization, Public Justice, to talk about Ag-Gag laws.

Aaron and David discuss the ins and outs of Ag-Gag laws as well as David’s ground-breaking case in Wyoming. Like other gag laws, Ag-Gag laws are specifically designed to protect the agriculture industry by making it difficult for people to speak out against industrial practices and conditions that impact animal welfare and the environment. David explains some of the history behind these laws in addition to some of the major cases. In Public Justice’s Wyoming case, David was successful in invoking the First Amendment as a way of challenging these highly restrictive and protectionist state laws.

Join Aaron and David for this important conversation on the agriculture industry and Ag-Gag laws. To learn more about David you can read his bio at https://www.publicjustice.net/team/david-muraskin/.

Host: Aaron Freiwald

Guest: David Muraskin

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Good Law | Bad Law #109 - Chief Justice Roberts’ Thanksgiving Bone to Pick with President Trump? w/ Steve Vladek Nov 30, 2018

Show notes

Is President Trump trying to delegitimize the Federal Judiciary?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Steve Vladek, of the University of Texas, to discuss the Thanksgiving Week war of words between Chief Justice Roberts and President Donald Trump.

On today’s episode, Aaron and Steve talk about the comments made by both Chief Justice Roberts and Donald Trump regarding the case that was recently decided in a federal court in California that struck down the President’s Executive Order limiting those seeking asylum at the Mexican border. The federal trial court -- not the Ninth Circuit Court of Appeals, as the President inaccurately claimed – ruled that the President’s action was inconsistent with the clear language of the immigration law, 8 U.S.C. 1158. (https://www.law.cornell.edu/uscode/text/8/1158)

In a series of tweets, the President railed against the Ninth Circuit, claiming the decision was the product of an “Obama judge.” In an extraordinary and public rebuke, Chief Justice Roberts denounced Trump’s notion of “Obama Judges,” saying that an “independent judiciary is something we should all be thankful for.”

Steve and Aaron discuss the back-and-forth as well as the executive order and ruling itself and the implications for the reputation of and public confidence in the federal judiciary and the Supreme Court. After listening to today’s episode and hearing their thoughts, as well as reading the code, what do you think? Would other courts agree with the ninth circuit’s interpretation?

To learn more about Steve, head over to his bio at https://law.utexas.edu/faculty/stephen-i-vladeck/.

Host: Aaron Freiwald

Guest: Steve Vladek

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Good Law | Bad Law #108 - Trump, Anti-Muslim Rhetoric and the Supreme Court W/ Sahar Aziz Nov 23, 2018

Show notes

Can you separate the Presidents words from his actions?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Sahar Aziz of Rutgers University, to discuss President Trump’s travel bans and his rhetoric towards immigrants.

On today’s episode Professor Aziz and Aaron talk about the various iterations of President Trump’s travel bans and how his rhetoric throughout his campaign trail and his presidency to date shapes the true intention of the ban. One of the biggest questions raised during the podcast was, can you separate his words from his actions? This is a question the Supreme Court had to consider in the lawsuit brought forth by Hawaii, The President of the United States v. Hawaii, challenging the latest version of the travel ban. Then, read the Supreme Court’s decision here.

To learn more about Sahar, head over to her bio at https://law.rutgers.edu/directory/view/8277.

Host: Aaron Freiwald Guest: Sahar Aziz

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