Good Law | Bad Law - Aaron Freiwald

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Good Law | Bad Law - Another Bad Trump Immigration Ban: A Conversation w/ Ilya Somin Jul 10, 2020

Show notes

President Trump claims that the Covid-19 pandemic justifies “the most sweeping ban on immigration” in all of United States history. Really?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Law Professor Ilya Somin, of George Mason University, to discuss immigration, specifically the recent decision by the Trump administration to enact possibly the most sweeping immigration ban in American history.

On June 22nd, President Trump extended a near-total ban -- first announced in April as a temporary ban -- on entry into the U.S. by immigrants seeking “green cards” for permanent residency. In today’s episode, Ilya and Aaron delve into this decision, with Professor Somin claiming the President’s move is political and not rationally based on the pandemic. Ilya argues that President Trump’s executive action is a more sweeping ban on immigration that ever seen before, broader than steps taken during the Great Depression, during both World Wars, or during the and the flu pandemic of 1918-19. What were the President’s true motives? Why does this radical immigration ban actually harm rather than help the economy, in addition to hurting so many individuals and their families?

A graduate of Yale Law, Professor Somin’s areas of expertise are in Constitutional Law, Eminent Domain, Federalism, Political Participation/Political Knowledge and Property Rights and his research focuses on Constitutional Law, Property Law, Democratic Theory, Federalism, and Migration Rights. A successful author, Illya’s most recent book is Free to Move: Foot Voting, Migration, and Political Freedom. His work has also 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 published articles in a variety of popular press outlets, including the Washington Post, Wall Street Journal, Los Angeles Times, the New York Times Room for Debate Website, CNN, The Atlantic, and more. Professor Somin’s 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.

Just how dangerous are Trump’s Immigration bans? Listen now!

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

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

To read the Forbes piece Aaron and Ilya discussed, please click here.

To check out Professor Somin’s Atlantic articles, please visit his archive here.

Host: Aaron Freiwald

Guest: Ilya Somin

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Good Law | Bad Law -Will Trump Go? A Conversation w/ Lawrence Douglas Jul 03, 2020

Show notes

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?

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 today’s conversation, Aaron and Lawrence tackle what will happen if Trump loses the election but refuses to concede defeat – discussing the role of 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 Lawrence, please visit his bio page here.

To learn more about Lawrence’s new book, Will He Go?: Trump and the Looming Election Meltdown in 2020, please click here.

Host: Aaron Freiwald

Guest: Lawrence Douglas

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Good Law | Bad Law - When Corporations Lie: A Conversation w/ Barbara Freese Jun 26, 2020

Show notes

Do corporations lie to avoid being held liable for harms their products or practices cause? Of course they do.

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Barbara Freese, an author and an attorney, to talk about corporate denial and to discuss her new book, Industrial-Strength Denial: Eight Stories of Corporations Defending the Indefensible, from the Slave Trade to Climate Change.

Faced with claims that they are hurting people or the planet, corporations have a long history of denying evidence, blaming victims, complaining of witch hunts, attacking their critics’ motives, and otherwise rationalizing their harmful activities. In today’s conversation, Aaron and Barbara tackle corporate denial, exploring the reasons why and how this can happen, as it has throughout our history. Exploring eight case studies, from the British slave trade in the late 1700s through the climate change debate raging now, Barbara looks for reasons why corporations deny, deceive and, at times, outright lie. Factors include tribalism, human nature, morality and social responsibility, power, economic inequality, social media, and more. Barbara argues that corporate denial campaigns have led to dangerous practices that cause widespread suffering, death, and environmental destruction.

What can be done to combat corporate denial?

Barbara and Aaron explore the social responsibility of corporations, examining the impact of our fractured media society, corporate and market cultures, curated confusion and manufactured doubt, as well as corporations and democracy. With a new generation of young activists rising up to protest companies involved in causing climate change and structural causes of racial and wealth inequality, there is hope for pressing for political and legal changes that will reduce the power and influence of corporations that engage in deceit and denial.

Barbara Freese is an environmental attorney, an energy policy analyst, and a former Minnesota assistant attorney general. She is also the author of Coal: A Human History, a New York Times Notable Book. Barbara’s interest in corporate denial was sparked by cross-examining coal industry witnesses disputing the science of climate change. Listen now to find out more!

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

To learn more about Barbara’s latest book, Industrial-Strength Denial: Eight Stories of Corporations Defending the Indefensible, from the Slave Trade to Climate Change, please click here.

Host: Aaron Freiwald

Guest: Barbara Freese

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Good Law | Bad Law - Feminism and Criminal Justice Reform: A Conversation w/ Aya Gruber Jun 19, 2020

Show notes

Does feminism conflict with progressive critiques of the criminal justice system?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and law professor, Aya Gruber, to discuss her new book, The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration, as well as the broader issues and trendlines of today.

In today’s episode, Aaron and Aya talk about the issues of gendered crimes and gender justice, law reform and policing, feminist progress, harm and social problems, issues of race, oppression and inequality, crime control, prison abolishment and more. Discussing justice in society, Aya and Aaron question where and how society should apply its resources, the institutions of prisons, punishment in this country, and how these relate to the origins of the criminal justice system.

The Feminist War on Crime documents the failure of the state to combat sexual and domestic violence through law and punishment. Throughout her book and today’s conversation, Aya contends the importance of abandoning conventional feminist wisdom, of fighting violence against women without reinforcing the American prison state, and of using criminalization as a technique of last – not first – resort. Aya asserts that many feminists grapple with the problem of hyper-incarceration in the United States, and yet that commentators on gender crime continue to assert that criminal law is not tough enough. This punitive impulse, Aya explains, is dangerous and counterproductive. Professor Gruber argues that in the quest to secure women’s protection from domestic violence and rape, American feminists have become soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting the problem-solving power of incarceration, and diverting resources toward law enforcement and away from marginalized communities. Throughout today’s discussion, Aya elaborates on these concepts and others.

Professor Gruber received her B.A. in philosophy from U.C. Berkeley and her J.D. from Harvard Law. At Harvard, Aya was an editor on the Harvard Women’s Law Journal as well as the Harvard International Law journal and founded the Interracial Law Students’ Association. After law school, Professor Gruber clerked for U.S. District Court judge James L. King in Miami and then served as a felony trial attorney with the Public Defender Service in Washington, D.C. and the Federal Public Defender in Miami. Aya joined the University of Colorado faculty in 2010. She currently teaches and writes in the areas of criminal law and procedure, critical theory, feminism, and comparative/international law; her scholarship focuses primarily on feminist efforts to strengthen criminal law responses to crimes against women.

To learn more about Aya, please visit her bio page here.

To learn more about Aya’s new book, The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration, please click here.

Host: Aaron Freiwald

Guest: Aya Gruber

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Good Law | Bad Law - The Angel of Death: A Conversation w/ David Marwell Jun 12, 2020

Show notes

Who was the real “Angel of Death?”

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Dr. David G. Marwell to discuss David’s new book, Mengele: Unmasking the “Angel of Death.” In today’s conversation, Aaron and David talk about the infamous Nazi doctor and his mark on history, as well as the broader concepts of justice, evil, medicine, and science.

One of the most notorious Holocaust mass murderers, Josef Mengele was the embodiment of bloodless efficiency and passionate devotion to a grotesque worldview. A German SS officer, Mengele was a physician with a particular interest in anthropology and genetic science. Mengele has become the benchmark of evil and has come to symbolize the Holocaust itself as well as the failure of justice that allowed countless Nazi murderers and their accomplices to escape justice. Whether as the cold doctor who directed mass killings and unethical, horrific experiments, or the elusive fugitive who escaped capture, the myth of Mengele has loomed large. Throughout today’s episode, David and Aaron delve into the story of Josef Mengele – the man and the myth.

Dr. Marwell is a former Justice Department official; his new book is a gripping biography about the monstrous Mengele from the perspective of someone who was tasked with uncovering the Nazi doctor’s fate. As chief of investigative research at the Justice Department’s Office of Special Investigations, David conducted research in support of the investigation and prosecution of Nazi war criminals in the United States. As a part of this effort, he played major roles in the Klaus Barbie and Josef Mengele investigations and helped to author the two major reports that resulted. In 1988, Dr. Marwell became the (last) Director of the Berlin Document Center, a repository for captured personnel-related files of the Nazi Party and its component organizations. After overseeing the completion of this collection, David returned to the States to become the Executive Director of the JFK Assassination Records Review Board. Following this service, he became the Associate Museum Director at the United States Holocaust Memorial Museum, overseeing key museum departments (exhibitions, collections, archives, education, international programs, library.) In 2000, David was appointed Director & CEO of the Museum of Jewish Heritage in New York City, leading the institution for fifteen years before stepping down at the end of 2015.

To learn more about David, please visit his website here.

To learn more about David’s book, Mengele: Unmasking the “Angel of Death,” please click here.

Host: Aaron Freiwald

Guest: David Marwell

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Good Law | Bad Law - Talking About Racism: A Conversation w/ Alvin Bragg, Kristen Clarke, and Victoria Davis Jun 05, 2020

Show notes

BLACK LIVES MATTER.

How do we change the culture?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by three remarkable guests to discuss the BLACK LIVES MATTER movement, police brutality and accountability, the murder of George Floyd, white supremacy and privilege, our country’s systematic and systemic racist structure, and more. Joining Aaron for today’s critically important conversation is Alvin Bragg, a law professor and most recently the Chief Deputy Attorney General in the New York State Office of the Attorney General, Kristen Clarke, President and Executive Director of the National Lawyers’ Committee for Civil Rights Under Law, and Victoria Davis, a Community Activist and Leader who lost her brother, Delrawn Small, to senseless police violence in 2016.

Like Delrawn, George Floyd was a son, a father, a brother, and a friend. Floyd is the most recent name on a far too-long list of people stolen away from their families, friends and communities. In today’s episode, Aaron, Victoria, Kristen, and Alvin delve into the deep-seated roots of racism in our country, the issues of police abuse, brutality, militarization and accountability, the importance of solidarity, education, honesty and understanding, as well as how we move forward. How do we talk about racism? How do we dismantle white supremacy? How do we make change? What fills the silence if we don’t speak out and stand up?

Alvin Bragg has spent the better part of two decades in the courtroom, standing up to the powerful and fighting to get justice. A graduate from Harvard Law, Alvin joined New York Law School in 2019 as a Visiting Professor of Law and Co-Director of the Racial Justice Project. Professor Bragg’s research focuses on the intersection of criminal law and civil rights, prosecutorial discretion and accountability, and the functions of state Attorneys General. Most recently, Alvin served as Chief Deputy Attorney General in the New York State Office of the Attorney General. In that role, he reported directly to the Attorney General, helped set the office’s investigation and litigation priorities, and oversaw the work of the Criminal Justice and Social Justice Divisions.

Kristen Clarke, President and Executive Director of the National Lawyers’ Committee for Civil Rights Under Law, leads one of the country’s most important national civil rights organizations in the pursuit of equal justice for all. Throughout her career, Ms. Clarke has focused on work that seeks to strengthen our democracy by combating discrimination faced by African Americans and other marginalized communities. Kristen formerly served as the head of the Civil Rights Bureau of the New York State Attorney General’s office, where she led broad civil rights enforcement on matters including criminal justice issues, education and housing discrimination, fair lending, barriers to reentry, voting rights, immigrant’s rights, general inequality, disability rights, reproductive access and LGBT issues.

On July 4, 2016 Delrawn Small was killed on Atlantic Avenue in East New York. His sister, Victoria Davis, is a staunch community activist and leader for police accountability in New York and continues to share her brother’s memory and story with the world in the hopes of demanding accountability, and maybe one day justice.

To learn more about Alvin Bragg, please visit his website here. You can also find his bio page at New York Law School here.

To learn more about Kristen Clarke, please visit her bio page here. To find out more about the Lawyers’ Committee for Civil Rights Under Law, please visit their website here.

To learn more about Delrawn Small, Victoria Davis’ brother, and their family’s story, please reference the attached 2017 New York Times article here.

For resources and to learn more about the BLACK LIVES MATTER movement, as well as how you can help, please click here.

Host: Aaron Freiwald

Guests: Alvin Bragg, Kristen Clarke, and Victoria Davis

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Good Law | Bad Law - Coerced at Work: A Conversation w/ Erin Hatton May 29, 2020

Show notes

How are people coerced to work? How do we view “workers”?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by sociology professor and author, Dr. Erin Hatton, to discuss the issues of coercion, work, power dynamics and imbalance, as well as Dr. Hatton’s new book on the topic and how it relates to today’s COVID-19 pandemic.

In today’s episode, Aaron and Erin talk about how power is used, wielded, and abused in the context of work. What do prison laborers, graduate students, welfare workers, and college athletes have in common? Erin argues that they all are part of a growing workforce of coerced laborers. Erin and Aaron explore this in depth, examining the different types of coercion and how these definitions are applied in varying situations. Coerced analyzes these four groups of workers and their experiences that differ from the traditional understanding of “employment.” Erin’s book considers how these groups function differently as their “workplace” offers no standard set of protections and they are subject to intense punitive power, reaching beyond the abilities to simply hire and fire.

Throughout her book and today’s conversation, Dr. Hatton contends that coercion is a defining feature of work in America today. How do we return to work as restrictions lift but fear and concern of COVID remain? Aaron and Erin touch on this and more, touching on the subjects of labor/employment laws, social distancing and working remotely, consequences and work relations, laboring and bureaucracy, the notion of meaningful work, as well as the idea of laboring for the monetary gain of others, public assistance, and the importance of training, education, and skill building.

As an associate professor at the State University of New York at Buffalo, Dr. Hatton’s research focuses on the sociology of work, while also extending into the fields of social inequality, race and gender, culture, labor, law, and social policy. Erin is also the author of The Temp Economy: From Kelly Girls to Permatemps in Postwar America and is editor of Prison/Work: Labor in the Carceral State; The Temp Economy weaves together gender, race, class, and work in a cultural analysis of the temporary help industry and the rise of the new economy, while Prison/Work is an interdisciplinary volume that examines the multiple and multi-directional intersections between mass incarceration, labor, and employment in the U.S. today.

To check out Erin’s new book, Coerced: Work Under Threat of Punishment, please click here.

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

Host: Aaron Freiwald

Guest: Dr. Erin Hatton

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Good Law | Bad Law - Shortlisted: A Conversation w/ Renee Knake Jefferson May 22, 2020

Show notes

Who is going to be the future of leadership? And how will women and minorities be considered?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by law professor and author, Renee Knake Jefferson, to discuss equality and diversity in leadership and power, as well as her most recent book, Shortlisted: Women in the Shadows of the Supreme Court.

Shortlisted gives long-overdue recognition to nine women who were considered but ultimately passed over for a seat on the Supreme Court going back to the 1930s. In this inspiring and previously untold history of the women considered- but not selected-for the US Supreme Court, Renee and her co-author tell the true stories of these remarkable women shortlisted for the Supreme Court in the decades before Justice Sandra Day O’Connors’ historic appointment in 1981.

In today’s episode, Aaron and Renee discuss these stories and more. Who were these incredible women? And what can we learn from their experiences? Shortlisted shares the often-overlooked stories of those who paved the way for women’s representation throughout the legal profession and beyond. Renee and Aaron discuss the importance of drawing lessons from these stories, of cultural norms and the attitudes of men, of not placing undue burdens on women and minorities, and of moving forward. Aaron and Renee talk about how the shortlist can be used as a tool to maintain the status quo, the enduring gender inequality that still persists, and what it is we can and should be doing to upend these injustices and to make a change.

Renee holds the Doherty Chair in Legal Ethics at the University of Houston Law Center where she teaches ethics, constitutional law, and a writing seminar on gender, power, law and leadership. In 2019, Governor Gretchen Whitmer appointed Renee to the Michigan State University Board of Trustees. A Fulbright recipient and elected member of the American Law Institute, Renee regularly consults on matters related to lawyer/judicial ethics, gender diversity in leadership roles, and the first amendment and lawyer speech. Renee’s work has been featured in Buzzfeed, CNN, National Public Radio, Slate, the Wall Street Journal, and others.

To check out Renee’s book, Shortlisted: Women in the Shadows of the Supreme Court, please click here.

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

Host: Aaron Freiwald

Guest: Renee Knake Jefferson

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Good Law | Bad Law - Children at Risk During COVID-19: A Conversation w/ Patty Dailey Lewis May 15, 2020

Show notes

What happens when no one is watching our children?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Patty Dailey Lewis, Executive Director of the Beau Biden Foundation for the Protection of Children, to discuss a little-discussed consequence of the Covid-19 pandemic: the increased threat to children.

With children at home, that means more children spending more unmonitored time in unsafe home environments. As children spend more time on-line, there is also an increased danger from internet predators.

The Beau Biden Foundation’s mission, carrying on the legacy of the late former Delaware Attorney General and son of former Vice President Joe Biden, is to prevent child abuse and crimes against children through effectively educating adults and children, to develop the next generation of child welfare professionals and to strengthen child protection laws around the country. Aaron and Patty discuss increasing concerns about internet safety and online predators, the growing threat to children in unsafe home environments, the importance of parents educating themselves and their kids, and the crucial role of conversation, expectation, and heightened awareness.

What happens when the eyes of the world aren’t watching anymore? Patty explains that 9 in 10 victims are abused by someone they know or trust, emphasizing that we are all home now as result of the pandemic, and that reporters of abuse often are educators and medical professionals. Patty says that reports of abuse have plummeted… but that doesn’t mean the abuse has stopped but more likely is because teachers and health care providers are spending far less time with eyes-on these at-risk kids. Aaron and Patty talk about what we can do to help children and to stop abuse, as well as the Foundation’s available resources for guidance, education, and prevention.

Prior to her position at the Foundation, Patty served as Deputy Attorney General and Director of the Family Division of the Delaware Department of Justice. A passionate advocate for children, Patty has worked in the field of family and child advocacy since 1985. She has served as a commissioner on the Child Protection Accountability Commission, the Governor’s Steering Committee for the Protection of Children, the Victims Advisory Council, and more. Patty is also an Adjunct Professor at Delaware Law School.

To learn more about the Beau Biden Foundation and to access their full list of resources, please visit their website here.

To find out how you can help children in Philadelphia access laptops for education, please send Aaron an email at ajf@freiwaldlaw.com.

Host: Aaron Freiwald

Guest: Patty Dailey Lewis

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Good Law | Bad Law - Cruel Death: A Conversation w/ Barbara Mancini May 08, 2020

Show notes

A cruel death.

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Barbara Mancini, to discuss death and dying, advanced directives and end-of-life care, as well as Barbara’s own tragic tale about the failings of our medical and legal systems.

In 2013, Barbara and her family lost her father, Joseph. An independent, hardworking, World War II veteran, Joseph Yourshaw had made his end-of-life wishes clear to his family and his physicians – he did not want any lifesaving measures and, under no circumstances, did he want to go to the hospital. In her new book, Barbara tells the harrowing story both she, and her father suffered, in the last days of his life and the year after. Barbara details how things did not go according to the well-documented and detailed plans Joseph and his family had set forth for the end of his life and how she found herself being arrested for allegedly aiding him in his supposed suicide attempt.

Ultimately, the charges against Barbara were dismissed but only after a most disturbing course of events for her father, who died a terrible and painful death in the hospital, and for Barbara, as she battled a political coroner and a bogus criminal charge brought by a state prosecutor. Aaron and Barbara talk about her experiences and what others can, and should, learn from them. Barbara details her story in her new book, Cruel Death, Heartless Aftermath: My family’s End-of-Life Nightmare, and How to Avoid It, and illustrates what readers should keep in mind and ways in which they can protect themselves. Barbara and Aaron talk about this and more throughout their conversation, touching on the notions of living wills, decisional capacity, power of attorney privileges, PULST forms, and others.

To learn more about Barbara and her story, please visit her website here.

To check out Barbara’s book, Cruel Death, Heartless Aftermath: My family’s End-of-Life Nightmare, and How to Avoid It, please click here.

To learn more about Compassion & Choices, please visit their website here.

Host: Aaron Freiwald

Guest: Barbara Mancini

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