Good Law | Bad Law

  Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by the Honorable Michael Snyder, Chancellor of the Philadelphia Bar, to discuss the current state of law in our country as we grapple with the COVID-19 crisis. How has the pandemic affected the legal community? How will the legal industry continue to operate? And, what does the future of law look like?   In today’s episode, Judge Snyder joins Aaron to offer his perspective on the issues, legal and otherwise, that the country is facing as a result of the current pandemic. Aaron and Judge Snyder are tackling some of today’s toughest questions, talking about where things stand right now as far as the legal field and what the affects have been. The mission of the Philadelphia Bar has always been to serve the profession and the public by promoting justice, professional excellence and respect for the rule of law. Throughout the conversation, Judge Snyder explains his role as the Bar’s leader and the i

What is free will? How should we think about it? Is it something we have? Is it even possible?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Ken Levy, of Louisiana State University, to discuss free will and responsibility, as well as the role of the criminal justice system.   Aaron and Ken are asking big questions about the world around us and delving deep into philosophical theories that underly our entire legal system.  Most people believe that we have both responsibility and free will, that our choices, decisions and actions are self-determined.  Ken breaks down why the majority of philosophers believe it is not so simple.  Ken and Aaron explore the metaphysical, touching on notions of determinism, metaphysical libertarianism, compatibilism, and more. Is the world determined? Aaron and Ken address common questions about free will, discussing the concepts of God and destiny, the ideals of consequences and justice, the idea o

“Where do you go once you've clawed your way from obscurity to the pinnacle of success?”   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney and author Norman Bacal to discuss the legal thriller, and Norman’s most recent novel, Odell’s Fall, as well as Norman’s personal journey and how the law has inspired his writing.   Throughout today’s episode, Norman shares his background and how his career has allowed him to transition into being a published writer. A retired attorney, Norman has 30 years of experience in the law. He explains how he built a law firm that specialized in entertainment – TV and movies, and how this work led him to collaborate with some of Hollywood’s biggest studios. Aaron and Norman contemplate the writing process, success in the legal profession, the relationship between the legal field and creativity, problem solving, editing and more.   A modern murder mystery inspired by on one of literature’s greatest stor

Sex as a crime?  Oh yes, in many different ways.  Perhaps, the criminal law goes too far?  Not far enough? Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Stuart Green, of Rutgers Law, to discuss how the criminal law deals with sex in so many different ways, from the notion of consent, rape law, sexual harassment, and more. Professor Green’s new book on this topic, Criminalizing Sex: A Unified Liberal Theory, comes out today and explores how a liberal system of criminal law should adequately protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in private, consensual sexual conduct.   In today’s episode, Aaron and Stuart question the role of law, specifically in terms of consent, autonomy, and morality. What should we criminalize? Are we guilty of over criminalizing? Stuart and Aaron are talking about some of the most contentious legal, moral, and

How do we think about agriculture in America? How should we think about it? And, how is food security affecting us in today’s COVID-19 crisis?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Laurie Ristino, a food security expert with Johns Hopkins University, to discuss food security, the idea of rural resilience, today’s “food movement,” impacts of the Farm Bill and more.     What is food security? And, what is the urgency today? Laurie explains that food security is the idea that all people, at all times, should have access to physical, social, and economic access to sufficient, safe, and nutritious food that meets their dietary needs.  Laurie and Aaron connect these ideas to today’s current pandemic. Will we have enough food? How are rising unemployment rates going to impact our country’s ability to provide access to quality foods? Aaron and Laurie tackle these questions, touching on the pressing notion of food being a question of wea

How do we think about race? How do we think about the history of racism in the law?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Ariela Gross, of the University of Southern California Gould School of Law, to discuss the notion of race, racism, and the laws of freedom. Ariela is the co-author of a new book that explores today’s topic; Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana, tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones.   Looking closely at three slave societies – Cuba, Virginia, and Louisiana – Ariela and her co-author, Alejandro de la Fuente, demonstrate that the law of freedom, not slavery, established the meaning of blackness in law. In today’s conversation, Aaron and Ariela discuss how the laws of freedom were used to determine if it was possible to move from slave status to freedom,

Do electronic medical records actually help improve medical care? Is it possible they hinder it?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Sharona Hoffman, of the School of Law at Case Western Reserve University, to discuss the role of electronic medical record systems, often shortened to EMR or EHR (electronic health record), and how they really affect the medical care we receive.   Sharona’s book, Electronic Health Records and Medical Big Data: Law and Policy, provides an in-depth understanding of EMR systems, how big data is handled in the medical industry, and the regulations surrounding our personal information. In today’s conversation, Aaron and Sharona are delving into all of the ups and downs of electronic medical records, discussing data security and patient privacy, the power of computerization, Medicare spending and the notion of upcoding, the law’s response to these systems, and more. What should patients be aw

What happens when companies don’t keep their promises to consumers?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Teel Lidow, a Harvard Law graduate and the CEO of FairShake, to discuss consumer rights and the many ways in which big companies can take advantage of customers.   After he was made to endure an unscheduled 72-hour delay while traveling, Teel had an idea. Because he had gone to law school, Teel knew better than to sign the airline’s proposed non-disclosure agreement after his ordeal but he noticed that most passengers hadn’t made the same choice – he began to ask himself just how often, and in what ways, larger corporations take advantage of unsuspecting consumers. Teel started FairShake to help level the playing field. In this episode, Aaron and Teel discuss Teel’s experiences, what it is he’s found and how he’s standing up for the everyday person, as well as the notions of mandatory arbitration, consumer contracts, contrac

What do the grizzly Manson murders tell us today about long-term prison sentences? How do we regard people who commit violent crimes?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Hadar Aviram, of the University of California Hastings College of Law, to discuss punishment and parole, as well as Hadar’s new book on the subject, Yesterday’s Monsters: The Manson Family Cases and the Illusion of Parole.   In today’s episode, Aaron and Hadar talk about the criminal system, the notion of parole, social science, empathy, public opinion on punishment and more. Using the Manson Family murders to illustrate these ideas, Hadar and Aaron consider the flaws of our system, the origins of parole and whether or not violent offenders are redeemable. Hadar’s new book offers a perspective on extreme punishment, examining the infamous murders committed by Charles Manson and his “family” of followers. Through 50 years of parole transcripts, Hadar

This one is controversial, I know…   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Eric Janus, of the Mitchell Hamline School of Law, as well as, Ira Ellman, of the University of California, Berkeley, to discuss the controversial topic of sex offender registries and how our criminal justice system handles perpetrators of sexual violence.   In today’s episode, Aaron, Ira, and Eric, discuss the rights of sex offenders, the way in which our courts treat these cases, and why it is important to re-consider how we think about punishment for sex crimes. Both professors and scholars in this area, Eric and Ira explain their work in the field and why it is they believe things need to change. Ira, Eric, and Aaron talk about today’s social science surrounding sex offender punishment, delving into ideas on prevention, rates of recidivism, banishment laws, and more. What are the rights of sex offenders? What should they be? And, is our system working?

What is affirmative action? Why is it so controversial? And moreover, has there been progress?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Melvin I. Urofsky, an author and a professor emeritus of history at Virginia Commonwealth University, to discuss the history and ongoing controversy of affirmative action. Mel’s new book on the topic, The Affirmative Action Puzzle: A Living History from Reconstruction to Today, traces the evolution of affirmative action through the struggle for racial equality from the Civil Rights Act of 1866 through today’s tumultuous times.    In today’s episode, Aaron and Mel discuss the big questions surrounding affirmative action, its historical context, and its implications today, delving deep in to the ideas of diversity, “soft affirmative action” compared to “hard affirmative action,” inequality, cultural biases, and more. Throughout “The Affirmative Action Puzzle,” Mel writes about the affirmative action

Why is it so hard – and getting harder – to get an abortion in the U.S. today?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor David Cohen, of Drexel University’s Kline School of law, to discuss accessibility of abortion. David’s new co-authored book on the topic, Obstacle Course: The Everyday Struggle to Get an Abortion in America, tells the story of abortion in our country and captures a disturbing reality of insurmountable barriers people face when trying to exercise their legal rights to medical services.   Despite the controversy surrounding this issue, it is a constitutional right that women have access to abortion. Yet getting an abortion can be a monumental challenge in many places throughout the United States, forcing some to risk their lives and livelihoods in the process. Aaron and David dive into these obstacles and their implications, discussing restrictions, fake clinics, health care coverage, protestors and more.

Why can’t members of the military sue the government for their injuries?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Andrew Popper, of American University, Washington College of Law, to discuss democracy, the notion of “sovereign immunity,” and the way in which basic civil liberties are being denied to our country’s military service members.   In today’s episode, Aaron and Andy are talking about what is known as the Feres Doctrine. Stemming from a 1950 Supreme Court decision, the Feres Doctrine significantly limits the civil rights of U.S. military members and their abilities to pursue justice as average citizens otherwise could. Andy and Aaron explain the ins and outs of the case while also explaining how and why this law came to be. Andy illustrates his recommendation for overturning the law, providing examples of instances in which Feres has caused extreme suffering, frustration and unfairness. Throughout today’s conversa

Can American Democracy survive the 2020 elections and beyond?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Richard L. Hasen, of the University of California, Irvine School of Law, to discuss his latest book, Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy. In today’s conversation, Aaron and Richard are talking about the integrity of our voting system, the health of our democracy, and the biggest reasons why Americans increasingly distrust the voting process.   As the presidential campaign begins to take shape, Americans on both sides of the political aisle are worrying about how the 2020 elections will shake out. Richard and Aaron breakdown why this is, what there is to worry about, and why it is we have seen such a decline in trust. A leading expert in election law, Richard illustrates the four principle reasons for this increasing mistrust and explains how we got here while offering bipartisa

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Heidi Brown, to discuss mental health, introversion, and the importance of self-care in the context of law, as well as her most recent book on the subject, The Introverted Lawyer.   After a traumatic life-event made her reconsider everything, Heidi began to self-reflect on what it was she really wanted from her life – and moreover, what she really wanted to do with her life. She began to write about her experiences and through this discovered herself. In her newest book, Heidi champions the valuable gifts that introverted, shy, and socially anxious individuals can contribute to the legal profession. She herself is an introvert and questioned where she stood in the legal field. In today’s conversation, Aaron and Heidi talk about active listening, deep thinking, empathy, careful legal writing, creative problem-solving, thoughtful communication and more.     What is an introvert? What i

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Brian Fitzpatrick, a law professor at Vanderbilt University and self-proclaimed “life-long Republican”, to discuss class action lawsuits, and specifically, Brian’s recent book on the subject, The Conservative Case for Class Actions.   In his new book, Brian makes the case for class action litigation a conservative’s view point. Arguing that conservatives, and even libertarians, believe that markets need at least some policing to thrive, from laws that enforce contracts, to laws that prevent companies from committing fraud, to laws that prohibit price fixing. Aaron and Brian break down what a class-action is, what the requirements are, and just how important they are to protect consumers from corporate wrongdoing.   Brian illustrates the different types of conservatives he sees and explains that there are only two ways of policing the marketplace: 1) private lawsuits filed by private citizens a

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Philip Gregory, of the Gregory Law Group, to discuss Juliana v. United States and his participation as co-lead counsel in the matter. In today’s bonus episode, Aaron and Philip are talking about what has been dubbed the “biggest lawsuit on the planet,” the case in which 21 young people are seeking to sue the federal government over climate change – and a topic that we covered on this program in episode 70 with Kelsey Juliana herself.   Last Friday, January 17th, a three-judge panel in the U.S. Ninth Circuit Court of Appeals ruled 2-1 to dismiss the case. Philip and Aaron talk about this decision, what it means moving forward, and more. Discussing the Court’s findings, Aaron and Philip talk about due process under the U.S. Constitution, issues of remedy and resolution, the government’s duties to its citizens, as well as what the next steps are.  Listen in and enjoy this mini episode on c

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Timothy Zick, of William and Mary Law School, to discuss his recent book, The First Amendment in the Trump Era. Aaron and Tim are talking about Democracy, our Constitution, the Press, and the law of the First Amendment – what it is and what it isn’t.   Are facts still facts? Can we find truth in today’s world? Tim and Aaron address these concerns as they talk about the President’s dramatic, and unique, relationship with the press and his continuous attacks on the media. More than any other modern president, Trump has openly challenged fundamental First Amendment norms and principles relating to free speech and free press. Aaron and Tim break this down throughout the episode and Tim explains that this was one of his main motivations for writing the book. The two discuss Trump’s ability to control the news cycle, Nixon’s “Enemy List,” the pentagon papers, whistleblower protections, and

Children in uniform?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Mark A. Drumbl, a Professor of Law at Washington and Lee University and the co-author of a recently published research handbook on child soldiering, to discuss the international problem of children associated with armed groups and/or forces.   An expert in international criminal law, Mark has spent the majority of his career contemplating the complexities surrounding this issue. In his recent works, he hopes to help people reconsider their perspectives of child soldiers – arguing the inherently nuanced nature of today’s topic and the importance of changing our mindset to better appreciate its many challenges and wide-ranging implications. Mark believes that child soldiers remain poorly understood and inadequately protected, despite the considerable media and policy attention they have received. His Research Handbook addresses the troubling gap he and other scholars, prof

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Robert Glicksman, a Professor at the George Washington University Law School, and Alejandro Camacho, a Professor at the University of California, Irvine School of Law, to discuss governmental policy, authority and the dimensions of government, as well as their co-authored book on these subjects, Reorganizing Government: A Functional and Dimensional Framework.   In today’s episode, Aaron, Rob, and Alex talk about how the government works… and moreover, how it doesn’t. What are the ways in which the government works well? And, what are the areas that need improvement? Today’s conversation focuses on how the government could work more effectively and more efficiently. Rob, Alex, and Aaron talk about the structures of government, the day to day tasks, the complexities that need to be considered when discussing reorganization, and more. Throughout, the three talk about regulations, the power of admin