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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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    Good Law | Bad Law - Morality, Impeachment and the Constitution: A Conversation w/ Peter Bayer Dec 27, 2019
    Show notes

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Peter Bayer, a Professor at the University of Nevada, Las Vegas William S. Boyd School of Law, to discuss morality, the Impeachment, and the Constitution.

    In today’s episode, Aaron and Peter delve deep into an important and interesting conversation about liberty, fundamental fairness, Due Process and more; throughout, they specifically apply these ideas and their principles to President Trump, and his recent impeachment. Peter and Aaron have a philosophical discussion on Kant and his categorical imperatives, Deontology, Originalism, and natural rights. The two debate what the Framers of the Constitution intended, they discuss the Magna Carta, natural law, the Supreme Court decision in Obergefell, legal and political theorists such as Blackstone and Locke, and examine Peter’s extensive article on these issues, “Deontological Originalism: Moral Truth, Liberty, and Constitutional ‘Due Process.’”

    What is the role of the Constitution? What are its meanings? What is and is not considered moral? And how do we/should we think of ‘the greater good?”

    An expert in jurisprudence, Peter earned both his J.D. and his M.A. in Sociology from NYU. His article on today’s subject matter is a legal commentary on the principles of Originalism and Deontology, arguing that given the principles of Originalism, the Constitution mandates that any governmental act is unconstitutional if it is immoral. Peter refers to these ideas as “Deontological Originalism,” asserting that both the Founders of this Nation and the Reconstruction Congress believed in natural rights that derived from principles of natural law. Aaron and Peter contemplate this through the lens of 2019 and the Impeachment, considering Trump’s definitions of “fair” and drawing comparisons to Fraud’s theory of the ID.

    After studying at NYU, Professor Bayer earned his LL.M. from Harvard Law. Before his time at Boyd, Peter served as Assistant Professor and Director of the Legal Research, Analysis, and Writing Program at St. Tomas University School of Law in Miami. In addition to teaching stints at Boston College Law School, the University of Baltimore Law School, and the University of Miami School of Law, Peter worked as Senior Patient Advocate for Quantum Health Resources, Trial Attorney for the Equal Employment Opportunity Commission, and Staff Attorney for the Center for Advocacy, Research, and Planning. He also clerked for the Honorable Clifford Scott Green, United States District Court for the Eastern District of Pennsylvania. Professor Bayer teaches Lawyering Process, Jurisprudence, Administrative Law, Employment Discrimination, and Judicial Writing.

    To check out Professor Bayer’s article on Deontological Originalism, please click here.

    To learn more about Professor Bayer, please visit his bio page on UNLV’s website here.

    To read Justice Kennedy’s opinion on the Obergefell decision, please click here.

    Host: Aaron Freiwald

    Guest: Peter Bayer

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


    Good Law | Bad Law - End Migrant Prison? A Conversation w/ César Cuauhtémoc García Hernández Dec 20, 2019
    Show notes

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor César Cuauhtémoc García Hernández, of the University of Denver Strum College of Law, to discuss immigration, immigration prisons, César’s own personal background, as well as his most recent book on the topic, Migrating to Prison: America’s Obsession with Locking Up Immigrants.

    Over the last thirty years, the federal and state governments have increasingly tapped their powers to incarcerate people accused of violating immigration laws; but this is not how it always was, for most of America’s history we simply did not lock people up for migrating here. As a result of this shift, almost 400,000 people annually now spend some time in prison pending the result of a civil or criminal immigration proceeding. Aaron and César talk through these ideas, touching on past tensions and historical trends, law and order as it applies to immigration, the immigration court system and its origins, “legitimizing the process,” and more.

    How do we think of the past in terms of immigration? And moreover, how should we think of it moving forward? César and Aaron examine the idea of the Government using prisons to impose immigration law. They consider the conditions, the costs, and the human rights – is it a forced deprivation of liberty? Should we ban immigration prisons altogether? What are the alternatives? Professor Hernández takes a hard look at the immigration prison system, how it operates and why, in his new book and makes an urgent call for the abolition of immigration prisons, advocating for a radical reimagining of the United States. In today’s episode, César talks with Aaron about this as they tackle the complex questions that surround this critical issue. Who belongs and on what criteria is that determination made?

    A leading scholar, César received his AB in American Civilization and Literatures in English from Brown University, as well as his JD from Boston College. Professor Hernández is an associate professor at Denver’s Strum College of Law and a frequent commentator in national and international media. He publishes crimmigration.com, a blog about the convergence of criminal and immigration law that is a past recipient of the 100 best law blogs honor by the ABA Journal. César’s academic interests also center on immigration and policy law. His articles about the right to counsel for immigrants in the criminal justice system, immigration imprisonment, and race-based immigration policing have appeared in the California Law Review, UCLA Law Review, BYU Law Review, Maryland Law Review, and Georgetown Immigration Law Journal, among others.

    In addition to teaching and research, César’s analyses of policies affecting migrants regularly appear in the United States and abroad. He has published opinion articles in The New York Times, The Guardian, Newsweek, as well as other venues. He has also consulted with policymakers and is a member of the American Bar Association’s Commission on Immigration.

    To learn more about Professor César Cuauhtémoc García Hernández, please visit his bio page on Strum’s website here.

    To check out Professor Hernández’s book, Migrating to Prison: America’s Obsession with Locking Up Immigrants, please click here.

    Host: Aaron Freiwald

    Guest: César Cuauhtémoc García Hernández

    Follow Good Law | Bad Law:

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    Instagram: @GoodLawBadLaw

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


    Good Law | Bad Law - Climate Justice Goes to Court: A Conversation w/ Sidney Shapiro Dec 13, 2019
    Show notes

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Sidney Shapiro, of Wake Forest Law School, to discuss climate change, the Center for Progressive Reform, and the notion of finding climate justice through our courts.

    Decades worth of politicians’ and energy companies’ refusal to act on climate change has seemingly guaranteed that every family and community, now and in the future, will suffer at least some harm from a global climate change. As a result of this, a growing number of victims of climate-related disasters are turning to the courts to hold wrongdoers accountable. Aaron and Sid talk about this new wave of litigation and the mounting lawsuits being filed across our country, specifically discussing the importance of tort law. In today’s episode, Sid and Aaron tackle the complexities of establishing liability, Sid’s latest report on climate justice – “Climate Justice: State Courts and the Fight for Equity” – wildfires in California and flooding in Houston, as well as environmental protection laws and the developing improvements happening in attribution science.

    A graduate from Penn’s Carey Law School, Professor Shapiro is one of the country’s leading experts in administrative procedure and regulatory policy. He has written ten books, contributed chapters to seven additional books, authored or co-authored over fifty-five articles, and is currently working on a book about administrative expertise. Sid has been a consultant to government agencies and has testified before Congress on regulatory subjects. Before his time at Wake Forest, Sid taught at the University of Kansas where he was a distinguished professor. Prior to teaching, Sid was a trial attorney with the Federal Trade Commission and Deputy Legal Counsel of the Secretary’s Review Panel at the U.S. Department of Health, Education, and Welfare.

    Sid is the Vice-President of the Center for Progressive Reform, a nonprofit research and educational organization. Founded in 2002, CPR is a network of university-affiliated Member Scholars with expertise in legal, economic, and scientific fields. CPR’s core issue areas are health, safety and the environment.

    To learn more about Professor Shapiro, please visit his bio on Wake Forest’s website here.

    To learn more about CPR, the Center for Progressive Reform, please visit their website by clicking here.

    To read the report Sid co-authored on finding climate justice, please click here.

    Host: Aaron Freiwald

    Guest: Sidney Shapiro

    Follow Good Law | Bad Law:

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    Instagram: @GoodLawBadLaw

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


    Good Law | Bad Law - Notorious RBG and Her Incredible Legacy: A Conversation w/ Scott Dodson Dec 06, 2019
    Show notes

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Scott Dodson, of UC Hastings College of Law, to discuss Supreme Court Justice Ruth Bader Ginsburg, as well as Scott’s book on the legal legend, The Legacy of Ruth Bader Ginsburg. Today, Aaron and Scott talk about R.B.G’s past, her stunning career, her amazing achievements, and her incredible impact on modern law.

    A legal icon, R.B.G has had a profound impact on the way we think about everything from gender equality to civil procedure. Scott’s book is a collection of essays that draws together thoughtful contributors from a wide range of fields to provide a rich and compelling account of Justice Ginsburg’s career. In more than four decades as a lawyer, professor, appellate judge, and associate justice of the U.S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. Aaron and Scott talk about how R.B.G has helped shape our world, discussing her past and exploring the historical contexts in which she pushed gender boundaries and broke barriers. Reliving Justice Ginsburg’s storied career, Scott and Aaron, touch on glass ceilings, equal protection, the Constitution and more.

    An expert in civil procedure and federal courts, Scott has written more than eighty papers appearing in Stanford Law Review, New York University Law Review, Michigan Law Review, University of Pennsylvania Law Review, California Law Review, Virginia Law Review, Duke Law Journal, Northwestern University Law Review, Georgetown Law Journal, Vanderbilt Law Review, and several peer-reviewed journals, among others. He is the author of six books, including the one at the center of today’s conversation. His writings have been cited in more than twenty court opinions, including by the Alabama, Nebraska, and Texas Supreme Courts, and the Second, Third, Fourth, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits; Professor Dodson also is a frequent news commentator, appearing on a variety of shows, and is quoted in various print media and blogs.

    Prior to his appointment as the inaugural Geoffrey C. Hazard Jr. Distinguished Professor of Law, Professor Dodson held the James Edgar Hervey Chair in Litigation. Before joining UC Hastings, Scott held a permanent faculty appointment at William & Mary Law school from 2009-2012 and at the University of Arkansas School of Law from 2006-2009. Professor Dodson teaches courses in Civil Procedure, Civil Litigation Concentration, Federal Courts, Comparative Civil Procedure, and Conflict of Laws.

    To learn more about Professor Dodson and to access the list of his publications, please follow the link to his bio page at UC Hastings by clicking here.

    To learn more about Professor Dodson’s book, The Legacy of Ruth Bader Ginsburg, please click here.

    Host: Aaron Freiwald

    Guest: Scott Dodson

    Follow Good Law | Bad Law:

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    Instagram: @GoodLawBadLaw

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


    Good Law | Bad Law - Did You See What? A Conversation w/ Jules Epstein Nov 29, 2019
    Show notes

    What are the flaws of eyewitness testimony? Can we rely on it? And, how does it intersect with cognitive science?

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Jules Epstein, of Temple’s Beasley Law School, to discuss eyewitness testimony. A professor of law and the Director of Advocacy Programs at Temple, Jules is an expert in today’s topic, with his research focusing on criminal law and procedure, evidence, trial advocacy, Pennsylvania Criminal Law and procedure, the death penalty, and forensic science. In today’s episode, Aaron and Jules discuss the idea of eyewitness testimony in criminal cases, the science behind it, and the questions of whether or not it is reliable.

    Can we trust what we see? Do we always remember things as clearly as we think we do? In today’s conversation, Jules breaks down some of the biggest reasons why eye witness testimony can be flawed, including the idea of ‘contaminated memory’. Aaron and Jules talk about the impact of developing sciences, such as DNA, and the effects they can have, as well as the role juries play in deciding and interpreting eyewitness testimony. Jules and Aaron discuss a recent case in which an innocent man was freed in Philadelphia after being wrongly convicted 27 years ago and Jules explains the significance that recreating the crime can have in assessing the risk of an eyewitness’ testimony. Aaron and Jules consider racial bias, super rememberers, estimator and system variables, and more throughout the conversation.

    A graduate of Penn’s Carey Law, Professor Epstein began his legal career as a public defender with the Defender Association of Philadelphia. He is a former partner at Kairys, Ruovsky, Messing & Feinberg, LLP, where he remains of counsel. He was an adjunct professor at Penn from 1988 through 2006, has taught in and prepared materials for countless continuing legal education programs, and has authored dozens of articles and book chapters on criminal law and evidence topics.

    Professor Epstein’s work has concentrated, in recent years, on capital case, eyewitness, and forensic issues. He has taught death penalty law nationally, and continues to handle capital cases at the appellate and post-conviction stages. Professor Epstein served as a member of the National Commission on Forensic Science from 2013 until the Commission’s demise in 2017. He is faculty for the National Judicial College, teaching courses to judges in advanced evidence and capital case law. In Pennsylvania, he is a member if a group of lawyers, judges and academics revising the Suggested Standard Jury Instruction, Criminal, and served on a commission addressing issues in cases of wrongful convictions.

    To learn more about Professor Epstein, please visit his Bio here.

    To learn more about the Willie Veasy case, please click here.

    Host: Aaron Freiwald

    Guest: Jules Epstein

    Follow Good Law | Bad Law:

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    Instagram: @GoodLawBadLaw

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


    Good Law | Bad Law - Is the Insanity Defense Constitutional? A Conversation w/ Stephen Morse Nov 22, 2019
    Show notes

    What is the insanity defense? How is it used and when? And, does the Constitution permit a state to abolish it?

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Stephen Morse, of Penn’s Carey Law School, to discuss the insanity defense. The Ferdinand Wakeman Hubbell Professor of Law, a Professor of Psychology and Law in Psychiatry, and the Associate Director of the Center for Neuroscience and Society at Penn, Professor Morse is one of the country’s leading experts on today’s topic, having recently co-authored an amicus brief for the United States Supreme Court in the case, Kahler v. Kansas. Today, Aaron and Stephen talk about this brief and more as they contemplate one of our country’s oldest legal quandaries.

    In this episode, Stephen and Aaron aim to answer some of the most challenging questions surrounding the insanity defense. What is it really? And, what are the conditions? The two examine the question of intent and competency, the notion of right and wrong, as well as how we view crime as a society and subsequently, how we view punishment and its purposes. Professor Morse debunks some of the myths of what it means to be criminally insane and Aaron asks about the misunderstandings of the so-called “twinkie defense.” Stephen and Aaron talk about the recent wave of mass shootings in our country, the historic examples of the insanity defense, such as the cases of Andrea Yates and Daniel M’Naghten, and whether or not states can or should move to outlaw insanity as a legal defense. Professor Morse clearly states the case for not abolishing the insanity defense.

    Professor Morse obtained his JD from Harvard, as well as his PhD in Personality and Developmental Studies. He works on problems of individual responsibility and agency, specializing in criminal law and mental health law. Stephen has published numerous interdisciplinary articles and chapters and has co-edited collections including A Primer on Criminal Law and Neuroscience and Foundations of Criminal Law. He was a contributing author to Crime and Culpability: A Theory of Criminal Law and is working on a new book entitled, Desert and Disease: Responsibility and Social Control. He teaches courses in Criminal Law, Mental Health Law, Freedom and Responsibility, and Perspectives on Cognitive Neuroscience.

    Professor Morse is a Diplomate in Forensic Psychology of the American Board of Professional Psychology; a recipient of the American Academy of Forensic Psychology’s Distinguished Contribution Award and a member of the MacArthur Foundation Research Network on Mental Health and Law. He is also a trustee of the Bazelon Center for Mental Health Law.

    To learn more about Professor Stephen Morse, please visit his Bio page on Penn’s website here.

    To learn more about Professor Morse’s most recent amicus brief in the United States Supreme Court, please click here.

    To learn more about Kahler v. Kansas, please click here.

    Host: Aaron Freiwald

    Guest: Stephen Morse

    Follow Good Law | Bad Law:

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    Instagram: @GoodLawBadLaw

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


    Good Law | Bad Law - How to Ask a Good Question: A Conversation w/ Shanin Specter Nov 15, 2019
    Show notes

    How do you ask a question?

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by one of the country’s leading trial attorneys, Shanin Specter, of Kline & Specter, P.C., to discuss the idea, and the importance, of questions – both in the legal field and our everyday lives. How should we be asking questions? What kind of questions should we be asking? And moreover, what makes someone a ‘good questioner’?

    A pre-eminent courtroom lawyer, since 2000, Shanin has taught at the University of Pennsylvania Carey Law School and since 2015, has taught at UC Hastings College of the Law, UC Berkeley School of Law and Stanford Law School respectively. As a lecturer and an adjunct professor, Shanin teaches a class that is completely focused on today’s topic. Shanin explains how central asking questions is to the role of being an effective attorney and gives listeners a glimpse into his course curriculum. Aaron and Shanin talk about the importance of being a good questioner, of being a good listener, how to get your point across to a fact finder, and more. The two share their own experiences in the court room, offering valuable insights, tips, tricks, and opinions. Shanin and Aaron have a timely discussion about the public hearings beginning this week in the impeachment inquiry of President Trump, specifically referencing the significance of effective questioning by both Republicans and Democrats, as well as why it matters.

    A founding partner of Kline & Specter, Shanin concentrates on catastrophic injury litigation. He has obtained more than 200 settlements or verdicts in excess of $1 million and is a member of the Inner Circle of Advocates. A graduate of Penn’s Carey Law, Shanin’s legal victories have included cases involving medical malpractice, defective products, medical devices, premises liability, motor vehicle accidents and general negligence. Beyond winning monetary compensation for his clients, Shanin’s cases have also prompted societal changes, including improvements to vehicle safety, nursing and hospital procedures, training for the use of CPR at public institutions, among others. Shanin is admitted to practice in the U.S. Supreme Court, the Third, Fourth and Ninth Circuit Courts of Appeal, the U.S. District Courts for the Eastern, Middle and Western Districts of Pennsylvania and the Supreme Court of Pennsylvania.

    To learn more about Shanin please visit his firm’s website here.

    Host: Aaron Freiwald

    Guest: Shanin Specter

    Follow Good Law | Bad Law:

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


    Good Law | Bad Law - Reckoning with the Nazi Past: A Conversation w/ Mary Fulbrook Nov 08, 2019
    Show notes

    “The Holocaust is not mere history, and the memorial landscape barely hints at the maelstrom of reverberations of the Nazi era at a personal level.”

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Mary Fulbrook, from University College London, to discuss her recent book, “Reckonings: Legacies of Nazi Persecution and the Quest for Justice," and the overarching themes that impact our world today.

    Professor Fulbrook’s book expands our understandings of Germany’s past, exploring the ways in which individuals became enablers and accomplices to the perpetrators, the diversity of experiences among a wide range of victims as they struggled and died, or managed, against all odds to survive and the continuing legacy of Nazi persecution across generations and continents. The process Mary illuminates is how the lives of individuals across a full spectrum of suffering and guilt, capture one small part of the greater story. Aaron and Mary delve into these concepts and more, diving deep into Mary’s work on the book as well as her research on the area as a whole.

    Mary and Aaron talk about Mary’s personal background and family history, the shaping of history versus that of memory, the failures of the legal system, comparative geo-political locations, and the landscapes of Western and Eastern Europe. They discuss the miscarriages of justice, the memorialization that has happened since, and the impact of the Holocaust on today as well as the past.

    Professor Fulbrook is currently directing a funded collaborative research project on ‘Compromised Identities? Reflections on perpetration and complicity under Nazism’ (2018-2021.) Joining UCL in October of 1983, she is Professor of German History, having studied at Newnham College, Cambridge as an undergraduate, and at Harvard University, where she did her MA and PhD. Professor Fulbrook currently supervises a number of PhD students on topics on modern German and European history. Her teaching has ranged from introductory courses on German history from medieval times to the present, through to more specialized source-led teaching on the German Democratic Republic, and MA courses on ‘Theoretical Issues in History and Literature,’ and ‘The Making of Modern Europe.’ Professor Fulbrook’s work continually includes themes such as European Studies, Heritage, History and Cultures, and Language, Linguistics and Literature.

    Among wider professional commitments, Professor Fulbrook is a member of the Academic Advisory Board of the Memorial Foundation for the former concentration camps of Buchenwald and Mittelbau-Dora. She has served on the Council of the British Academy, and as Chair of its Modern History Section. She was a member of the Advisory Board of the German Historical Institute London; and a member of the International Advisory Board of the Bundeskanzler-Willy-Brandt-Stiftung. She currently serves on the Editorial Boards of German Politics and Society, and of Zeithistorische Forschungen. She was the first female Chair of the German History Society, and was joint founding Editor of its journal, German History.

    To find a copy of Professor Fulbrook’s book, please click here.

    To learn more about Professor Fulbrook and her research, please visit her bio page at UCL by clicking here.

    Host: Aaron Freiwald

    Guest: Mary Fulbrook

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


    Good Law | Bad Law - Nixon, Watergate and Trump: A Conversation w/ former Watergate Assistant Special Prosecutor Henry Hecht Nov 01, 2019
    Show notes

    What lessons can we learn from the Watergate investigation? Nixon’s impeachment? And, how does the Nixon era compare to today’s political and social climate?

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Henry Hecht, a Lecturer at Berkeley Law and a former Assistant Watergate Special Prosecutor, to discuss the investigation into the Watergate Scandal, the similarities and differences between Trump and Nixon, as well as what this may mean for the current impeachment investigation.

    A colleague of Larry Hammond, one of our previous guests, Henry joined Larry and 15 other former Watergate special prosecutors, in penning a recent Washington Post op-ed arguing why President Trump should be impeached. The article entitled, “We investigated the Watergate scandal. We believe Trump should be impeached,” is clear. Based on their own accounts, Henry and his colleges make a compelling argument that there is already enough evidence to support the impeachment of Trump. In the 1970s, they investigated serious abuses of presidential power by President Nixon and, in the article, they detail their beliefs that Trump should face the same charges, specifically citing: obstruction of justice, abuse of power, and contempt of Congress. Henry and Aaron take a deep dive into the reasoning behind this decision, exploring the rule of law, the historical elements of impeachment, and more.

    A Harvard Law graduate in 1973, Henry was the “baby” of the prosecutorial team. Throughout today’s episode, he shares his personal and professional stories of his time as an investigator, the lessons he’s learned from his experiences, and his opinions on Trump, the administration, and today’s political culture. Aaron and Henry talk about what makes the Nixon impeachment similar, and different, from the investigation surrounding Trump – touching specifically on the Ukraine allegations, the Mueller report, and the idea of how Trump and Nixon treated “executive privilege.” Henry and Aaron discuss the process of impeachment, our U.S. constitution and the rule of law, as well as the importance of language and semantics.

    Henry served as an Assistant Special Prosecutor on the Watergate Special Prosecution Force from 1973 to 1976, and was Special Counsel to the San Francisco firm of Heller Ehrman LLP from 1977 to 1983, joining the Berkeley Law Faculty in 1983. An independent consultant on skills training for lawyers, Henry is the co-founder of The Hecht Training Group, a group of attorneys who have each taught lawyering skills for more than 35 years. Henry’s Training Group utilizes the “learning by doing” method, presenting workshops on deposition, negotiation, motion practice, evidence, and trial skills to more than 70 law firms, corporate law offices, government agencies, and bar associations across the country.

    Henry has lectured and written extensively for the America Bar Association, the American Law Institute-American Bar Association, California Continuing Education of the Bar, the Practising Law Institute, and the National Practice Institute. He serves on the Board of Directors of the Practice Program for the United States District Court for the Northern District of California and the Andrew Levitt Center for Social Emergency Medicine. He also served on the Board of Directors of the East Bay Community Law Center for 16 years. He is an elected member of the American Law Institute and the American Bar Foundation.

    To learn more about The Hecht Training Group, please click here.

    To find a copy of the Washington Post op-ed, “We investigated the Watergate scandal. We believe Trump should be impeached,” please visit the Post’s website here.

    To check out United States v. Nixon, please click here.

    To learn more about Mr. Hecht and to find a list of his publications, please click here.

    Host: Aaron Freiwald

    Guest: Henry Hecht

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


    Good Law | Bad Law - Exxon Knew: A Conversation w/ Michael Gerrard Oct 25, 2019
    Show notes

    What does the New York Exxon Trial mean? For the Country? The world? And moreover, what should we be doing about climate change?

    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Michael Gerrard, a law professor at Columbia Law School and the founder and director at the Sabin Center for Climate Change Law, to discuss the breaking news happing in New York this week regarding the trial against Exxon Mobil, the implications that this trial has had already and may continue to have, as well as the issue of climate change itself.

    In today’s episode, Aaron and Michael talk about the specifics of the New York Exxon Trial, the legal arguments surrounding the suit, and more. Michael and Aaron talk about this case’s potential impacts, considering it a possible bellwether case, and the notion of other states likely following New York’s example – specifically discussing Massachusetts recent filing against the oil giant. Aaron and Michael debate the role of these trials, considering the idea of these court records being documentation proving the existence and real threat of climate change. Michael explains some more substantive actions we can do in addition to filing these lawsuits, describing some more direct ways we can impact the emission of green house gases.

    A graduate of Columbia and New York University School of Law, Michael teaches courses on environmental law, climate change law, and energy regulation. The Andrew Sabin Professor of Professional Practice at Columbia Law School, he chaired the faculty of Columbia University’s Earth Institute from 2015 to 2018. From 1979 through 2008, he practiced environmental law in New York, most recently as partner in charge of the New York Office of Arnold & Porter. Upon joining the Law School faculty in 2009, Michael became the senior counsel to the firm. His practice involved trying numerous cases and arguing many appeals in federal and state courts and administrative tribunals; handling the environmental aspects of numerous transactions and development projects; and providing regulatory compliance advice to a wide variety of clients in the private and public sectors.

    An author on the subjects of environmental law and climate change, Michael twice received the Association of American Publisher’s Best Law Book award for works on environmental law and brownfields. He has written or edited thirteen books, including Global Climate Change and U.S. Law, the leading work in its field, and the 12-volume Environmental Law Practice Guide. His most recent book is Legal Pathways to Deep Decarbonization in the United States.

    To find more information about Michael Gerrard, please check out his Columbia Law bio here.

    To find out more about the Sabin Center for Climate Change law, please visit their website here.

    To find the New York complaint against Exxon, please click here.

    To find the Massachusetts complaint against Exxon, please click here.

    Please follow this link to Michael’s co-authored book, “Legal Pathways to Deep Decarbonization in the United States,” by clicking here.

    To learn more about the pro-bono project that is developing model laws and regulations aimed at helping fight climate change, please click here.

    To read Michael Gerrard’s Law 360 article, “How Lawyers Can Help Save The Planet,” please click here.

    Host: Aaron Freiwald

    Guest: Michael Gerrard

    Follow Good Law | Bad Law:

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    Instagram: @GoodLawBadLaw

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


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