Good Law | Bad Law

  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.

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 rol

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 te

  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

Register!!   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

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 Vi

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

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

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

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, re

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

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 pu

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 corp

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 punishmen

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 captu

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

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 “

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 experie

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

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 charg