Good Law | Bad Law - Aaron Freiwald

Latest Episodes:

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

Show notes

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

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

Show notes

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

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

Show notes

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

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

Show notes

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

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

Show notes

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

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

Show notes

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

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

Show notes

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

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Good Law | Bad Law - A Lawyer’s Other Narrative: A Conversation w/ Catherine McKenzie Jul 28, 2020

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Catherine McKenzie, an attorney and a bestselling author, to discuss her latest book, You Can’t Catch Me, as well as to gain insight into Catherine’s process, her creativity and imagination, and to explore the cross-overs between fiction writing and lawyering.

Do you want to play a game?

A psychological thriller, You Can’t Catch Me, transports the reader into a game of deception, where nothing is as it seems. Catherine and Aaron don’t reveal any spoilers but vaguely discuss the plot in today’s conversation; Jessica Williams is Catherine’s latest protagonist, after narrowly escaping a cult she meets a stranger at an airport bar with the same identical name and birth date… what transpires is a captivating mystery filled with fraud, danger, and fascination. Aaron and Catherine discuss the challenges of writing in the first-person, the idea of being fair to the reader, the importance of finding a work/life balance and more. Observing the similarities between fiction writing and lawyering, Catherine and Aaron talk creativity in the law, legalese, the relation between writer skillsets and those of lawyers, and Catherine explains her experience with being both a writer and an attorney.

Born and raised in Montreal, Canada, Catherine is a graduate of McGill University, where she studied history and law. Catherine practices law in Montreal and is an avid runner and skier. She is the author of numerous bestsellers including Hidden, Fractured, The Good Liar and I’ll Never Tell. In 2019, I’ll Never Tell, was a #1 Amazon Bestseller, a Globe & Mail and Toronto Star Bestseller, was shortlisted for the Hugh McLennan Prize for fiction and was optioned for a television series by Paramount TV. You Can’t Catch Me was released June 9th and is available now.

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

To purchase any of Catherine’s books, including You Can’t Catch Me, please visit her Amazon store here.

Host: Aaron Freiwald

Guest: Catherine McKenzie

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Good Law | Bad Law - OH- KLAHOMA!: A Conversation w/ Ezra Rosser Jul 24, 2020

Show notes

Who really owns Oklahoma? That’s right . . . .Oklahoma!

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Ezra Rosser, of American University Washington College of Law, to further this show’s discussion on reparations. Today, Aaron and Ezra are specifically talking about what reparations might mean for Native Americans, touching on land rights and restoration, equality, federal funding, the Indian Health Service, justice and prosecution, independence and domestic dependence, as well as the Supreme Court’s recent 5-4 decision in McGirt v. Oklahoma which affirmed Native American ownership rights in Oklahoma.

Professor Rosser grew up surrounded by Navajo culture. In 2003, he graduated from Harvard Law. Ezra specializes in poverty law, Indian Nations and Indigenous Peoples, property law, housing, law, and public interest law. In today’s conversation, Ezra talks about his background, personal experience, and his academic work. Aaron and Ezra explore how the law regards Native Americans and their rights, delving into a broader conversation about reckoning with our country’s past, today’s political climate, the responsibility of governments, treaties, autonomy, Indian property rights and more. Ezra and Aaron also spend time navigating the Supreme Court’s ruling on July 9th, a decision that could have long-ranging implications.

Ezra joined the WCL faculty in 2006. He has taught Property Law, Federal Indian Law, Poverty Law, Land Use, Housing Law, Advanced Legal Analysis, and Wills, Trusts, and Estates. Previously, he served as a visiting professor at Ritsumeiken University, a 1665 Fellow at Harvard University, a visiting scholar at Yale Law School, and a Westerfield Fellow at Loyola University New Orleans School of Law. Professor Rosser currently serves as a Commissioner for the Fairfax County Redevelopment and Housing Authority and is a past chair of the AALS Property Law, Poverty Law, and Indian Nations and Indigenous Peoples sections. His articles have appeared in journals including the California Law Review, Harvard Law & Policy Review, Washington University Law Review, Yale Human Rights and Development Law Journal, Environmental Law, and the American Indian Law Review. Ezra is co-author of a textbook Poverty Law, Policy and Practice (Aspen 2014), was the editor of Holes in the Safety Net: Federalism and Poverty (Cambridge 2019), and was a co-editor of The Poverty Law Canon (Michigan Press 2014) and Tribes, Land, and the Environment (Ashgate 2012). He is currently working on a sole authored book, Exploiting the Fifth World: Navajo Land and Economic Development.

Listen in to learn more!

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

For the list of Ezra’s publications, please click here.

To check out the Poverty Law Blog, please click here.

To read the U.S. Supreme Court ruling in McGirt v. Oklahoma, please click here.

Host: Aaron Freiwald

Guest: Ezra Rosser

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Good Law | Bad Law - Reparations for Slavery: A Conversation w/ Thomas Craemer Jul 17, 2020

Show notes

Should there be reparations for slavery?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Dr. Thomas Craemer, of the University of Connecticut, to discuss reparations. An Associate Professor in the Department of Public Policy at UConn, Thomas’ teaching and research interests include race relations, public opinion and survey research, race related policies, diversity and inclusion, and slavery reparations. Originally from Germany, Thomas’ interest in racial attitudes was shaped by his experiences growing up in Germany as he and his country struggled to come to terms with the legacy of the Holocaust.

Thomas brings a unique perspective to today’s conversation as he shares his personal experiences, as the discussion covers the Holocaust Reparation Pension, considerations for slavery reparations, reparations for Japanese-Americans who were placed in concentration camps during WWII, white supremacy and Black Lives Matter, systematic racism, responsibility, and more.

What are the steps to our country and its people holding themselves accountable for the horrific crimes of slavery?

Inspired by his own coming-to-terms with the Holocaust, Thomas has written extensively on reparations for slavery. His groundbreaking 2015 article, Estimating Slavery Reparations (Social Science Quarterly, Vol. 96.), put real numbers to the cost of reparations, projecting a very conservative total of $14 trillion dollars in 2009, or $19 trillion in today’s dollars. His paper on “Implicit Closeness to Blacks, Support for Affirmative Action, Slavery Reparations, and Vote Intentions for Barack Obama in the 2008 Elections” received the International Society of Political Psychology’s Robert Sigel Award in 2010 and was published in 2014 in Basic and Applied Social Psychology.

Listen in to learn more!

To learn more about Dr. Craemer, please visit his bio page at UConn here.

To check out the book, From Here to Equality: Reparations for Black Americans in the Twenty-First Century by William Darity and Kristen Mullen, please click here.

Host: Aaron Freiwald

Guest: Dr. Thomas Craemer

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