Good Law | Bad Law - Aaron Freiwald

Latest Episodes:

Good Law | Bad Law #87 - With Justice Kennedy’s retirement, is Roe v. Wade done for?w/ Scott Ruskay-Kidd Jul 13, 2018

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by, Scott Ruskay-Kidd, a senior staff attorney at the Center for Reproductive Rights, to discuss Justice Kennedy’s retirement and what it could mean for the future of Roe v. Wade.

A graduate of Columbia Law School, Scott’s job is to work on developing new legal theories, manage strategic allies and strengthen the protections of reproductive rights. Scott says that the Center for Reproductive Rights is dedicated to advancing women’s’ reproductive health, self-determination, and dignity.

Today Aaron and Scott discuss what Justice Kennedy’s retirement might mean for the Supreme Court, as well as the country. As the longstanding swing vote, Kennedy was crucial as the pivotal position on the Court. With his decision to retire, President Trump now can nominate a second Justice. As a candidate, Trump promised he would nominate judges who would overturn Roe. With his nomination of Brett Kavanaugh, he is likely to make good on his promise.

In this episode, Scott and Aaron explore the legal landscape of the past and the present and how the 1973 Roe case has affected many other decisions. Scott says a reversal of Roe may undo two generations of decisions that have expanded progressive equality in the areas of personal liberty, sexual rights, marriage equality, bodily integrity and family privacy.

As a part of their work, researchers at the Center for Reproductive Rights have broken down what an overturn of Roe could mean for states; as many as 22 states would likely quickly outlaw abortion. See a state by state map can see here.

If you want to know more about Scott and the Center for Reproductive Rights, check out their website and listen in as Aaron and Scott discuss this landmark decision and its looming uncertainty for the future.

Host: Aaron Freiwald

Guest: Scott Ruskay-Kidd

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Good Law | Bad Law #86 – How Private is Your Cell Phone? w/ Susan Freiwald Jul 06, 2018

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by a very special guest this week, Dean Susan Freiwald, to discuss one of the Supreme Court’s recent decision in Carpenter V. United States,, and the implications this ruling may have in the area of digital communications and privacy.

Dean of the Law School at the University of San Francisco, Susan Freiwald is one of the country’s leading experts on the intersection of law and new technology, specifically cell phone technology, internet technology, and privacy. She also happens to be Aaron’s sister. A Harvard Law graduate, former classmate of President Barak Obama, and a former software developer, Susan joined the University of San Francisco in 1997 teaching privacy, internet law and first year law classes such as contracts law and criminal procedure. She has authored and co-authored several amicus briefs in major appellate cases regarding surveillance laws and her academic work has been cited in numerous state and federal court decisions.

In today’s episode, Aaron and Susan discuss the Carpenter case and what the Supreme Court’s ruling might mean. The case explores the reach of the Fourth Amendment’s “search and seizure” clause and questions surrounding privacy and the government’s ability to access certain information. The Fourth Amendment helps set a constitutional floor by attempting to regulate the investigative methods used by law enforcement and other government agents and is intended to protect our security and individual liberty against excessive police power by the government.

After a series of armed robberies, law enforcement acquired data from Timothy Carpenter’s cell phone service providers. Through this cell site data, which was collected without probable cause and a warrant,, investigators were able to pinpoint where Mr. Carpenter was during the time of the robberies. However, not only did investigators receive this information, they were also privy to a lot more about Mr. Carpenter. This influential ruling not only concerns Mr. Carpenter’s rights, but the constitutional rights of all citizens. Throughout this episode, Aaron and Susan explain the ins and outs of what cell data is comprised of and just how easy it is to learn intimate details about people solely based on it and what requirements the government should have to meet to gain access to this type of information.

To learn more about the Carpenter case and the decision the Justices reached, as well as more about our cell phone usage and what is protected under the Fourth Amendment, listen now. What are the implications of this ruling, how does it mean the Fourth Amendment will be understood moving forward in regards to new technology and how will this bode for future disputes? Find out!

Host: Aaron Freiwald

Guest: Susan Freiwald

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Good Law | Bad Law #85 – Can Opioid Makers be Held Accountable for Devastating Impact on Communities, Including Ponca Tribe? W/ Dave Domina Jun 29, 2018

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Dave Domina to discuss the national opioid crisis and the wave of litigation to hold the pharmaceutical industry responsible. Dave has joined in this massive effort by filing a federal lawsuit on behalf of the Ponca Tribe of Nebraska against more than two dozen opioid manufacturers and distributors.

The Complaint Dave has filed is a treatise on the origins of the opioid crisis, how pharmaceutical companies manipulated science and medicine to reap billions of dollars in profits, and why so many people are dying and so many communities, like the Ponca, are suffering today. Here is a link to the Complaint: here.

A Nebraskan attorney, Dave has run for both Governor and Senate and he also holds the honor of having prosecuted two impeachment cases during his career. Dave is now taking on another very important case as he represents the Ponca Tribe of Nebraska in new litigation against a slew of opioid manufacturers and distributors. After seeing an increase in opioid related deaths, this new case alleges that 26 drug manufacturers and distributors used false, deceptive and unfair marketing practices, leading to severe addiction problems within in the Tribe.

Several of the companies involved have already admitted wrongdoing. McKesson, a distribution company, agreed last year to pay a $150 million dollar civil penalty to the DEA for failing to identify and report suspicious orders at 12 of its facilities.

Dave tells us that in 2016 deaths due to opioids increased by 24% in Nebraska and that number was even higher within the Ponca Tribe, a statistic that is certainly concerning for the future of the Tribe and its members.

Join us for the fascinating conversation as Dave Domina and Aaron Freiwald discuss the history of the Ponca Tribe and Native Americans as well as the case he has filed on behalf of the Ponca Tribe suing 26 opioid manufacturers and distributors for false and deceptive marketing tactics.

To learn more Dave Domina and his firm, visit their website: http://www.dominalaw.com/

Host: Aaron Freiwald

Guest: Dave Domina

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Good Law | Bad Law #84 – When a whistleblower SLAPPs back at intimidation w/ Brenda Skylstad Jun 22, 2018

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Brenda Skylstad to discuss her role in creating important anti-SLAPP legislation.

SLAPP stands for: Strategic Lawsuit Against Public Participation. SLAPPs are used as a measure to silence, and harass critics. By forcing them to spend time and money on a legal defense, SLAPP filers hope that these critics will abandon their charge or opposition even though these lawsuits are baseless. SLAPP filers don’t go to court to seek justice. Rather, SLAPPS are intended to intimidate those who disagree by draining their financial resources.

Back in 1987 when Brenda and her then husband tried to refinance their home they learned the real-state company that had sold the home failed to pay the excise, or transfer, tax. When she began looking into the situation more she learned she was not the only one. The company had failed to pay the excise tax on over 300 homes in the development that Brenda lived in.

When Brenda confronted the company about their wrongdoings they offered to pay her excise tax in exchange for her silence. Brenda knew if she stayed silent this company would continue to wrong their customers and never pay the taxes they owed. She declined the offer.

The company went on to sue her for $1.2 million dollars for slander.

In exchange for five and a half years of her life, her marriage, and her home Brenda not only successfully defended her case, she also won her counter-suit against the real-estate giant. But her most important victory came before the case ended.

On May 5th, 1989, in Gov. Booth Gardner’s office in Seattle Washington the Brenda Hill Whistle-Blower protection law was signed. The measure provided citizen whistle-blowers immunity and legal help when they are sued for speaking out against a company.

To learn more about Anti-SLAPP laws in America visit: https://anti-slapp.org/

Host: Aaron Freiwald

Guest: Brenda Skylstad

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Good Law | Bad Law #83 – To Recall Or Not To Recall, That Is The Question. w/ Judge LaDoris Cordell Jun 15, 2018

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by LaDoris Cordell, retired judge of the Superior Court of California and former Independent Police Auditor for the city of San Jose, California. Judge Cordell joins the program to discuss the recall of Judge Aaron Persky.

Judge Cordell has been a leading voice in the fight against Judge Aaron Persky’s recall in California. He was recently recalled after he handed down what was seen as a lenient sentence to Stanford swimmer Brock Turner, who was convicted of three felonies that carried a maximum sentence of 14 years: assault with intent to rape an intoxicated woman, sexually penetrating an intoxicated person with a foreign object, and sexually penetrating an unconscious person with a foreign object.

If you are not familiar with the Brock Turner case, click here to learn more.

After hearing statements from both the Plaintiff and the Defendant in the case, as well as the Probation Department Supervisor, Judge Persky sentenced Turner to 6 months in jail.

Read Brock Turner’s Statement to the court here.

Read the Plaintiff’s statement to the court here.

Judge Cordell has been leading the fight against the recall of Judge Persky. She explains all the details and information that isn’t being talked about in the media but is so important to fully understanding the impact of this recall. She explains how Judge Persky has been through a review process where other judges review the sentence and determine if there was any wrongdoing; she talks about how Judge Persky came to his decision to sentence Turner to 6 months; and she talks about the potential long-term effects that recalling a Judge, who has done nothing wrong in the eyes of the law, can have on the Judicial Branch.

Join Aaron Freiwald and retired Superior Court of California Judge LaDoris Cordell for this truly fascinating conversation about the Brock Turner case, the recall of Judge Aaron Persky, and the importance of an independent judiciary in the United States.

If you’d like to learn more about Judge Cordell’s stellar career, visit her website: http://judgecordell.com/

Host: Aaron Freiwald

Guest: Judge LaDoris Cordell

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Good Law | Bad Law #82 – Religious Freedom Wins, This Time W/ Jennifer Pizer Jun 08, 2018

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Jennifer Pizer, Law and Policy Director for Lambda Legal, to discuss the recent Supreme Court ruling in the Masterpiece Cakeshop v. Colorado case.

Founded in 1973, Lambda Legal is the oldest and largest national legal organization whose mission is to achieve full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and everyone living with HIV through impact litigation, education and public policy work. A few months ago, on episode 79 we were joined by another Lambda Legal attorney, Currey Cook, to talk about faith-based adoption and child-welfare agencies that discriminate against LGBT individuals and receive state protection..

Today’s episode continues the discussion we had with Widener University Law School Dean, Rod Smolla, on episode 66. Dean Smolla did a fantastic job breaking down the case and giving opinions on how the Supreme Court might rule. Now that the Supreme Court has made its ruling we wanted to bring in an expert to talk about the implications it will have on future cases.

Jennifer Pizer has been an attorney with Lambda Legal since 1996 and has been a leading voice for ending marriage discrimination against lesbian and gay couples, for stopping anti-LGBT discrimination in employment, health care, and education, and against the misuse of religion to discriminate. In addition to litigating impact cases, she develops legislation, advises policymakers, and works with community advocates to advance family law and nondiscrimination protections, and to oppose overbroad religious exemptions.

Though the ruling in this case is very narrow, Jennifer explains how the Justices’ various opinions in the 7-2 decision give us insight as to how the High Court may rule in future cases.

This is a fascinating discussion about not only the Masterpiece Cakeshop case but also the balance between religious freedom and anti-discrimination laws in the United States.

To read the Supreme Court’s opinion click here.

To learn more about Lambda Legal visit their website: https://www.lambdalegal.org/

To learn more about Jennifer Pizer and her work visit her page: https://www.lambdalegal.org/about-us/staff/jennifer-c-pizer

Host: Aaron Freiwald

Guest: Jennifer Pizer

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Good Law | Bad Law #81 - WHAT IS STACKING THE COURTS? W/ Nan Aron Jun 01, 2018

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Nan Aron, President of the Alliance for Justice and a leading progressive voice on matters related to the federal judiciary to discuss judicial selection. We wanted to continue talking about this incredibly important topic and present a different perspective having already talked with Grover Joseph Rees about Judicial Selection in episode 76.

The Alliance for Justice believes that all Americans have the right to secure justice in the courts and to have their voices heard when government makes decisions that affect their lives. The AFJ is a national association of 130 organizations, representing a broad array of groups committed to progressive values and the creation of an equitable, just, and free society.

Nan is an unrivaled expert on the legal framework, importance, and assessment of nonprofit advocacy activities. She started the AFJ in 1979 after working as a staff attorney for the ACLU’s National Prison Project, where she challenged conditions in state prison systems through lawsuits in federal and state courts, and later as a trial attorney for the Equal Employment Opportunity Commission where she litigated race and sex discrimination cases against companies and unions in federal and district courts.

On today’s episode, Aaron and Nan talk about a recent review by the Senate Judiciary Committee Minority Members which you can find here. The committee looked at the Republican efforts to stack federal courts.

For a conservative take on Trump’s judicial appointments, see episode #76 with Grover Joseph Rees.

To learn more about the Alliance for Justice visit their website https://www.afj.org/.

Host: Aaron Freiwald

Guest: Nan Aron

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Good Law | Bad Law #80 – PA Supports People with Disabilities w/ Darlene Hemerka May 25, 2018

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Dalene Hemerka, an Equal Justice Works Fellow at the Public Interest Law Center to talk about the Work Experience for High School Students with Disabilities Act.

The Public Interest Law Center uses high-impact legal strategies to advance the civil, social, and economic rights of communities in the Philadelphia region facing discrimination, inequality, and poverty. They use litigation, community education, advocacy, and organizing to secure their access to fundamental resources and services.

Darlene focuses on representing parents in IEP meetings, advocating for teens with disabilities in the Philadelphia School District, and teaching students and their families about secondary transition services. This area of the law is a passion for Darlene because she was born with Cerebral Palsy.

During the episode she talks about her experience transitioning from high school to college and what she has observed in many other students’ transitions. She noticed that the school system was leaving many students unprepared for life after high school. Even with students that had an IEP or Individualized Education Program in place, she noticed those students were often underprepared.

The Work Experience for High School Students with Disabilities Act is a new law passed in Pennsylvania that could serve as a blueprint for the rest of the country. It is an act the requires the Office of Vocational Rehabilitation to work with school districts to ensure students are being properly prepared for life outside of high school.

Join Aaron Freiwald and Darlene Hemerka for this impactful episode of Good Law | Bad Law. To learn more about the Public Interest Law Center go to their website www.pubintlaw.org. To learn more about the Life After School project that Darlene is working on visit the webpage https://www.pubintlaw.org/cases-and-projects/life-after-school/.

To learn more about The Work Experience for High School Students with Disabilities Act click here.

Host: Aaron Freiwald

Guest: Darlene Hemerka

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Good Law | Bad Law #79 – Religious Freedom Or LGBTQ Rights, Your Tax Dollars Will Decide W/ Currey Cook May 18, 2018

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Currey Cook an attorney and advocate for Lambda Legal to discuss discrimination in the foster care system.

Currey Cook is the Director of the Youth in Out-of-Home Care Project and Counsel in the National Headquarters Office of Lambda Legal which is the oldest and largest national legal organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people, and people with HIV.

On today’s show, Currey and Aaron talk about the new law passed in Oklahoma as well as laws passed in Texas, Kansas, Michigan, Alabama, South Dakota, North Dakota, and Virginia that protect faith-based adoption agencies’ right to restrict child placement based on religious beliefs. Currey explains these organizations, like any other organization or business, can’t discriminate based on things like sex or gender because those are protected classes. But these organizations are discriminating based on sexual orientation and identity and other factors that fall into a grey area. Currey explains that these organizations receive state and federal funding which is the reason these laws protecting them and their practice of discrimination cause such concern.

The faith-based organizations say they will not place children with same sex couples because of their religious or moral convictions and forcing them to do so would violate those rights. Furthermore, there’s no consensus on how to handle these situations. The eight states mentioned above have passed laws protecting the organizations while others like Illinois and Washington DC have vetoed such measures.

To read the latest Bill that was signed by Oklahoma Governor Mary Fallin, Bill number 1140 click here.

Join Aaron Freiwald and Currey Cook as they examine faith-based adoption agencies and the laws passed by 8 states that protect their right to discriminate.

Host: Aaron Freiwald

Guest: Currey Cook

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Good Law | Bad Law #78 – Is The Bill Cosby Verdict The Start Of A New Trend? W/ Melissa Gomez May 11, 2018

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Melissa Gomez, President of MMG Jury Consulting LLC., to talk about how Juries have changed over the past few years.

Melissa Gomez is a jury consultant with a PHD in psychology and a Master of Science in education from the University of Pennsylvania. In her career as a jury consultant she has worked on over 600 jury trials across the United States and has written two books; Jury Trials Outside-in: Leveraging Psychology from Discovery to Decision, and The Witness preparation Partner: A Guide to Becoming the Ready Messenger.

We brought Melissa in today to talk about the second Bill Cosby trial which resulted in a conviction, to see if she thinks the changes in the political climate and the #MeToo movement had any impact on the jury’s decision. She explains that since 2017 she has seen a sharp increase in distrust among juries towards those who come from a position of power. And, this distrust isn’t just with people like Bill Cosby, it extends to corporations, celebrities, and politicians. She has also noted that jurors are less willing to compromise resulting in more hung juries. Another interesting find Melissa has noted is juries have an increased desire to send a message to those coming from a position of power.

Finally, Aaron asks Melissa to give some insight on what all of this means for jury trials as a whole in our country moving forward; if she believes jurors will go back to the way things used to be or if they will continue to polarize and send messages to those in power.

Join Aaron Freiwald and Melissa Gomez as they discuss the differences between the two Cosby trials and the state of jury trials in America today.

Host: Aaron Freiwald

Guest: Melissa Gomez

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