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    Government

    Good Law | Bad Law – Aaron Freiwald

    Good Law | Bad Law is a weekly podcast featuring Attorney Aaron Freiwald and guests taking stories from the headlines and from the courtroom and discussing how and why the law matters to every American. Come join us and our guests every Friday for an informative and fun conversation! Submit your questions and topic suggestions on Facebook or Twitter to have them discussed on the show.

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    Copyright: © Copyright 2016 . All rights reserved.

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    Latest Episodes:
    Good Law | Bad Law #97 - Is Trump a master deal-maker or . . . not? W/ David Ross Sep 21, 2018
    Show notes

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by David Ross, an actual expert on the art of the deal. David teaches negotiation at Columbia Law School, works a professional mediator in complex litigation disputes, and is the author of a textbook on negotiation, as well. Aaron and David discuss President Trump’s claim that he is a master deal-maker.

    Aaron and David describe fundamental negotiation principles and goals and then apply those to the President’s approach to negotiation. Certainly, the President has touted his years of real estate deal-making in New York as proof that he can make better deals for the United States, whether in foreign policy, managing countries like Russian and North Korea, or in trade relations with Mexico and China and Europe.

    Negotiating skills are so important in many different contexts – certainly in law and litigation, but also in business, in workplace interactions, and in one-on-one personal relationships, too. So, how is President Trump doing? Love him or hate him, how well is his negotiating style working for him? Check out this fascinating and entertaining conversation, and then let us know what you think.

    Currently, David works as a mediator with JAMS, one of the country’s largest alternative dispute resolution companies. To learn more about David, visit his page at https://www.jamsadr.com/ross/

    Host: Aaron Freiwald

    Guest: David Ross

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


    Good Law | Bad Law #96 - The fight for the right to vote w/ Michael Waldman Sep 14, 2018
    Show notes

    GO VOTE!

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Michael Waldman, President of the Brennan Center for Justice at NYU School of Law. Today, Aaron and Michael are talking about voting rights and how different states manage their voting laws.

    With important midterm elections coming up this November, Michael and Aaron review the history of voting rights, back to the framing of the Constitution. Since the founding of our country, we have continued to expand the right to vote and have struggled against efforts to limit this vitally important right. Michael addresses the difficulty of ensuring only eligible voters are voting while making it easier for those voters to cast their ballots. However, one of the biggest points that Michael makes is the importance of voting. He notes that voter turnout in the last mid-term election, in 2014, was the lowest turnout in 72 years. Aaron points out the 100 million Americans did not vote in the 2016 presidential election.

    Before joining the Brennan Center, Michael was a Special Assistant to President Clinton and one of his chief speech writers. In his tenure as Director of Speechwriting, he wrote and edited nearly 2,000 speeches, including four State of the Union addresses. Adding to Michael’s fascinating resume, he has authored six books since 1990 and has led the Brennan Center since 2005.

    To learn more about Michael, get access to his books, and learn more about the Brennan Center for Justice, visit their website at www.BrennanCenter.org

    Host: Aaron Freiwald

    Guest: Michael Waldman

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    Instagram: @GoodLawBadLaw

    Website: https://www.GoodLawBadLawPodcast.com


    Good Law | Bad Law #95 - Game on! After a historic Supreme Court decision, sports betting is a go. w/ Chris Soriano Sep 07, 2018
    Show notes

    Football season just got a lot more interesting. . .

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Chris Soriano, a gaming law attorney for Duane Morris in New Jersey, to discuss the recent Supreme Court decision that in effect legalized sports betting across the country and the implications this decision may have for the future of gambling, as well as professional sports.

    In today’s episode, Chris and Aaron sit down to discuss the Supreme Court’s recent overturning of the 1992 Professional and Amateur Sports Protection Act (PASPA), which led to a near-total outlawing of sports betting. Chris outlines the history of the gaming industry through the late 1980s and early 1990s and explains the atmosphere that led up to the 1992 PASPA law. He explains that the feelings surrounding the 1992 act are still prevalent today and that those feelings may influence the future of professional sports and gambling. Aaron and Chris talk about the history of gambling (and the 15 billion dollar black market economy in betting), the various arguments surrounding the legalization of gambling (in betting there are always winners and losers), and look down the road to discuss just how far reaching this decision could be.

    Chris says that his interest in the area of gaming started relatively early as he grew up in New Jersey by the racetracks. As a new attorney, he found himself working on a big gaming law project at the start of his career that introduced him to this specialized area of the law. Chris has been with Duane Morris in the New Jersey office for the last nine years.

    What is the significance of this decision? And what does it mean for the future of gambling? Aaron and Chris delve into all of this and much more. Listen in now!

    Host: Aaron Freiwald

    Guest: Chris Soriano

    Follow Good Law | Bad Law:

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


    Good Law | Bad Law #94 - Do anti-abortion advocates actually want to save Roe? w/ Mary Ziegler Aug 31, 2018
    Show notes

    Wait, it might be good to overturn Roe v. Wade?

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Mary Ziegler, the Stearns Weaver Miller Professor at the Florida State University to talk about the history of the anti-abortion movement in America.

    In today’s conversation, Mary and Aaron discuss the history of abortion in America and the impact Roe v. Wade had when the Supreme Court handed down that ruling in 1973. Mary describes the changes that happened as a result of Roe’s decision, one such impact being the methods and conditions for which an abortion was available to women before and after the High Court’s ruling.

    Aaron and Mary also go on to discuss the future of Roe v. Wade. Mary explains the reasons anti-abortion activists and their supporters in the Republican Party, despite what many may believe, may actually want Roe v. Wade to remain in effect and why the pro-choice advocates may prefer for Roe to be overturned rather than gutted.

    Mary is the Stearns Weaver Miller Professor at Florida State University College of Law. She specializes in the legal history of reproduction, the family, sexuality, and the Constitution. She has also written three books on Roe v. Wade; After Roe: The Lost History of the Abortion Debate, Beyond Abortion: Roe v. Wade and the Fight for Privacy, and Abortion in America: A Legal History, Roe v. Wade to the Present.

    Listen in as Aaron and Mary look at the history and future of Roe v. Wade. To learn more about Mary or to learn more about her books visit her page at http://www.law.fsu.edu/our-faculty/profiles/ziegler.

    Host: Aaron Freiwald

    Guest: Mary Ziegler

    Follow Good Law | Bad Law:

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    Twitter: @aaronfreiwald

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


    Good Law | Bad Law #93 - Charlottesville One Year later: A reflection w/ Nancy Baron-Baer Aug 24, 2018
    Show notes

    One year after Charlottesville . . . this is the episode to understand what to make of the terrible events that took place one year ago and where we must go from here.

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Nancy Baron-Baer, the Regional Director of the Anti-Defamation League for the Philadelphia area, to look back at the Charlottesville protests from 2017 as well as to try and answer the question: “What is a hate crime?”

    Nancy and Aaron discuss the protests in Charlottesville, Virginia that occurred on August 12, 2017. The protest was called “Unite the Right” and immediately sparked violent actions from both supporters of the movement and counter-protesters. Tensions peaked at 1:42 PM when James Alex Fields rammed his car into a crowd of counter protesters, killing a 19-year-old woman.

    In addition to Charlottesville, Nancy and Aaron talk about the differences between hate speech, hate crimes, and hate incidences. Nancy also shares her opinion on what we need to do as a country to improve our relationship with each other and begin closing the divide between ourselves. “You have to start at the ground level,” explains Nancy, “you have to start with a conversation really about who we are inside or things that have affected us in our life before you get to the controversial topics.”

    Nancy has spent the last 16 years working with the Anti-Defamation League to “stop the defamation of the Jewish people and to secure justice and fair treatment to all.” Before joining the ADL Nancy served as the Managing Partner of the Philadelphia Office of the law firms of Eckert Seamans and Connolly Epstein, and was named one of Pennsylvania’s Best 50 Women in Business.

    Join in as Aaron and Nancy look back at the Charlottesville protests one year later. To learn more about the ADL and how you can support their mission, visit their website: https://philadelphia.adl.org/.

    Host: Aaron Freiwald

    Guest: Nancy Baron-Baer

    Follow Good Law | Bad Law:

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    Instagram: @GoodLawBadLaw

    Twitter: @aaronfreiwald

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


    Good Law | Bad Law #92 - Shame on the Catholic Church’s: Does the historic Grand Jury report on widespread sexual abuse go far enough? W/ Marci Hamilton Aug 17, 2018
    Show notes

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Marci A. Hamilton, a law professor at the University of Pennsylvania and one of the country’s leading experts on child abuse statutes of limitations, to discuss the Catholic Church, specifically in regards to the recently released Grand Jury report on child abuse and sexual assault in the Catholic Church institution in Pennsylvania.

    Marci and Aaron sit down to discuss the impact and importance of the Grand Jury’s report as well as the historical significance it holds. The first of its kind the report is the most extensive look at the scope of the issue. Detailed in 886 pages, the report outlines the scale of the problem with over 300 priests named and listing over 1,000 victims. Throughout the episode Marci details her previous experience with child sex abuse cases and the injustices that she has seen as a result of short statutes of limitations, expressing her own opinions on the report and the steps that should be taken next.

    For 26 years Marci has worked on issues involving religious groups that break the law. In 1997, Marci argued before the United States Supreme Court in the matter Boerne v. Flores, a case addressing whether or not the federal government could pass a law that could set a standard for religious liberty that had never been seen in the U.S. before. An accomplished author, Marci has written several books on the issue as well as a book advocating for the elimination of child sex abuse statutes of limitations. Marci has been an influential critic of extreme religious liberty, advocating for the vulnerable.

    Join in as Aaron and Marci discuss the recent Grand Jury report on child sex abuse in Pennsylvania, the problems with short statues of limitations in regards to child sex abuse cases and the impact that Tuesday’s Grand Jury report could have on this global epidemic.

    Host: Aaron Freiwald

    Guest: Marci A. Hamilton

    Follow Good Law | Bad Law:

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    Instagram: @GoodLawBadLaw

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


    Good Law | Bad Law #91 -Did Michael Cohen violate the Rules of Ethics? w/ Abe Reich Aug 10, 2018
    Show notes

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Abe Reich, Partner and Chair Emeritus at Fox Rothschild and a Law Professor at the University of Pennsylvania to talk about legal ethics, specifically, how President Trump’s attorney may have violated various ethical rules that govern all lawyers.

    Abe is a former Chancellor of the Philadelphia Bar Association and currently teaches a course at Penn Law called “Ethics and Advocacy - From the Boardroom to the Courtroom.” A lawyer for over four decades, Abe has served as an expert witness and has represented lawyers in legal ethics matters, so we thought Abe was the perfect person to come in and discuss Michael Cohen. Most recently, Michael Cohen has been in the news for having recorded conversations with his then client, Donald Trump, and in the past, he allegedly settled a claim with Stormy Daniels without his client’s knowledge.

    Aaron and Abe discuss what legal ethics are and what they mean for practicing attorneys. Abe explains that every lawyer, judge, and even Supreme Court Justice is bound by rules that set standards for what lawyers can and cannot do. Some of the rules Abe and Aaron discuss include: 1. an attorney cannot settle a case without their client’s consent, 2. they can’t agree to arbitration without a client’s consent, 3. they must act in their client’s best interest, and 4. they cannot help a client commit a crime.

    To learn more about the ethical standards lawyers have to uphold visit the American Bar website: https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.html

    Aaron and Abe go on to talk about what happens when a lawyer has been found in violation of these ethical standards and what Michael Cohen could be facing if he is found to have violated these rules of professional conduct. Abe tells us Cohen could be facing anything from fines to suspension, even disbarrment.

    Join Aaron Freiwald and Abe Reich for this fascinating and enlightening conversation about lawyer ethics and Michael Cohen, President Trump’s personal lawyer.

    Host: Aaron Freiwald

    Guest: Abe Reich

    Follow Good Law | Bad Law:

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    Instagram: @GoodLawBadLaw

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


    Good Law | Bad Law #90 – Unraveling the immigration debate: What are the facts? W/ Theresa Cardinal-Brown Aug 03, 2018
    Show notes

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Theresa Cardinal Brown, the Director of Immigration and Cross-Border Policy at the Bipartisan Policy Center (BPC) in Washington, D.C., to discuss the hotly contested political issue of immigration.

    This is the episode you need to hear to really understand the immigration debates that have become so divisive in the last many months and years.

    BPC is a think tank that was founded 10 years ago by four former Senate Majority leaders (Bob Dole, George Mitchell, Tom Daschle, and Howard Baker) and works to bring Democrats and Republicans together to develop policy answers to some of the most critical and complex questions facing the country. “We are by name and by design bipartisan,” Theresa says. “Everything we do is aimed at trying to figure out how to get Democrats and Republicans to agree to develop consensus and principal compromises that can be politically valuable.”

    Theresa has been working in immigration for well over 20 years, working in the administrations of both President George W. Bush and Barack Obama. A graduate of the University of Delaware, Theresa studied international relations and economics. Her first job out of college, in 1990, was evaluating foreign educational credentials for immigration attorneys who wanted to help people get visas. From there Theresa worked as a paralegal in the immigration practices of several large D.C. law firms. In the mid-1990s, Theresa worked on immigration policy and advocacy with the American Immigration Lawyers Association. She then spent five years working at the U.S. Chamber of Commerce as the Director of Immigration and Border Policy.

    In 2005 Theresa joined the government, working for the U.S. Customs and Border Protection in the policy Office of the Commissioner. In 2005 and 2006, she became a member, and eventually director, of the Immigration Legislation Task Force in the Department of Homeland Security (DHS) Office of Policy. After a few years working at the department headquarters for DHS, Theresa left the government in 2011, working briefly as an independent consultant until joining the BPC in 2014.

    Aaron and Theresa discuss a range of immigration problems, from border to security to separation of families to the complicated question of what to do about the millions of undocumented immigrants already in our country, 60 percent of whom have been in the United States for 20 years or more. Theresa says that the majority of Americans disapprove of the current immigration system, saying that most of the population believes it is flawed. Throughout the episode Theresa explains what the fundamental issues are regarding immigration and border policy and why this issue is so polarizing. Listen in as Aaron and Theresa talk about how the system works, what is wrong with it and the different solutions and priorities people think may “fix” it.

    Host: Aaron Freiwald

    Guest: Theresa Cardinal Brown

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    Instagram: @GoodLawBadLaw

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


    Good Law | Bad Law #89 Is the time now to act on climate change? w/ Steve Harvey & Yolanda Pagano Jul 27, 2018
    Show notes

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Steve Harvey and Yolanda Pagano of the organization “A Call to the Bar: Lawyers for Common Sense on Climate Change.” A non-partisan group, “A Call to the Bar” is a group designed to encourage lawyers around the country to get involved in the issue of climate change in the hopes of finding solutions.

    Both Steve and Yolanda have backgrounds somewhat related to the issue of climate change and global warming. Colleagues in law school, Steve and Yolanda explain that climate change is a universal issue that touches almost all aspects of our lives. With a background in science, Steve’s passion for climate change was reignited after he opened his law firm, Steve Harvey Law, LLC. A general litigator in Philadelphia, Steve’s firm specializes in commercial litigation and he approaches “A Call to the Bar” as both a lawyer and a concerned citizen. Yolanda never practiced law after graduation but forged her path in the accounting and economic sector of one of the country’s largest energy companies. From there, Yolanda’s career expanded to include governmental affairs and environmental departments, she is now leading the global sustainability program for Keystone Foods. Throughout the episode, Steve and Yolanda both advance the idea that climate change is a global problem and should be thought of as such… it is something that affects everyone all the time and will for the foreseeable future.

    Aaron, Steve and Yolanda sit down to discuss the importance of addressing climate change as well as the steps necessary to start making a difference. “A Call to the Bar,” is an organization that is of the belief that lawyers will have a strong, integral role in battling climate change, believing that the solution to climate change must be expressed in law. Listen in as the conversation centers around the power of legislation and how, through law, we can mitigate the problems we are facing and react to the affects we are already beginning to see and will continue to see.

    Why has nothing substantial happened since the Global Climate Protection Act of 1987? Why, if this is such a concrete, scientific fact, do we see such polarizing partisan lines? Yolanda and Steve address these questions (and others) and offer their solutions, explaining the complexities of the issue and the imperative adaptations that will have to happen in order to transition to a point of acceptance and change.

    Check out their conversation to learn more about climate change and why the law matters on this issue., as well as “A Call to the Bar;” find out now how they came up with their name and why climate change is not just an environmental challenge but an economic, social, moral and ethical one.

    Host: Aaron Freiwald

    Guest: Steve Harvey, Yolanda Pagano

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    Website: https://www.GoodLawBadLawPodcast.com


    Good Law | Bad Law #88 - What is Justice Anthony Kennedy’s Legacy? w/ Joyce Malcolm Jul 20, 2018
    Show notes

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by, Professor Joyce Malcolm, the Patrick Henry Professor of Constitutional Law at the Antonin Scalia School of Law at George Mason University, to discuss Justice Anthony Kennedy’s legacy and impact on the Supreme Court.

    Joyce is a historian and constitutional scholar who focuses on the development of individual rights in Great Britain and America. She’s written books and articles about gun control, the Second Amendment, and individual rights and her work was cited in the landmark 2008 Supreme Court case, Heller v. D.C., which recognized the Second Amendment’s protection of an individual’s right to bear arms. With Justice Kennedy’s retirement, we thought it was fitting to look back at his career and the impact he’s had on the country and the Supreme Court.

    On today’s episode Joyce and Aaron talk about the controversial nomination of Robert Bork, whose confirmation got blocked in the mid-1980s and ultimately lead to Justice Kennedy getting nominated and unanimously confirmed. Joyce also talks about the role Justice Kennedy has played as the Court’s “swing vote.”

    During Justice Kennedy’s 30-year career on the Supreme Court, he’s had the opportunity to rule on some of the Supreme Court’s most ground-breaking and influential cases, laying the ground work for LGBT rights, women’s rights, and Second Amendment rights. You can find Justice Kennedy’s opinions on some of those cases linked below.

    Lawrence v. Texas

    Heller v. District of Columbia

    Planned Parenthood v. Casey

    Citizens United v. Federal Election Commission

    Boy Scouts of America v. Dale

    Obergefell v. Hodges

    Finally, Joyce shares her assessment of where the Supreme Court is headed over the next few years. She talks about some of the cases she sees coming up through the system and what issues the Supreme Court is likely to take on with the potential confirmation of Brett Kavanaugh to fill Justice Kennedy’s seat.

    Click here to learn more about Professor Malcolm.

    Host: Aaron Freiwald

    Guest: Joyce Malcolm

    Follow Good Law | Bad Law:

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    Instagram: @GoodLawBadLaw

    Website: https://www.GoodLawBadLawPodcast.com


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