Good Law | Bad Law

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.’”

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, “leg

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 Calif

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 an

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 Jule

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 compet

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 bein

“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 d

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

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 ro

How does the Trump impeachment investigation compare to the impeachment inquiry of Nixon?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Larry Hammond, an attorney and former Assistant Watergate Special Prosecutor, to discuss the Trump impeachment inquiry, the comparisons between Trump and Nixon, as well as Larry’s recent Washington Post article calling for the impeachment of the President.   Last week, 17 former Watergate special prosecutors, including our guest today, made a compelling case in the Washington Post for why President Trump should be impeached.  The article entitled, “We investigated the Watergate scandal. We believe Trump should be impeached,” doesn’t mince words. Based on their own accounts, Larry and his colleges make a compelling case for why Trump should be impeached, arguing that there is already enough evidence to support an impeachment. In the 1970s, they investigated serious abuses of presidential power by Preside

What is whiskey law? … And how has it impacted America’s history?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Brian Haara, author and an attorney at Tachau Meek, to discuss his recent book, Bourbon Justice: How Whiskey Law Shaped America.   Bourbon and the law might seem to be connected in only a few, and negative ways, but the real history of bourbon, hidden beneath the surface, “is the foundation of American commercial law and its relation to American history as a whole.” Relying on actual case reports and trial records, Brian recounts the history of Kentucky’s most famous spirit and the families who developed one of America’s first major industries to trace important developments in U.S. business law in areas including branding, trademarks, environmental law and other aspects of business dealings.   In today’s episode, Aaron and Brian analyze how historical laws about bourbon have impacted, and continue to impact, the law today.

How do we draw the definitional lines on what is, and what is not, domestic terrorism?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Erik Schechter, founder of Red Phantom Public Relations and a defense and security affairs specialist, to discuss the notion of terrorism, as well as his recent NBC op-ed on the topic, “September 11 was terrorism. The NRA and Antifa are not.”   In today’s conversation, Aaron and Erik talk about terrorism, both domestic and international, focusing on the particular ways in which we (as people, as governments, as societies) talk, think, and classify terrorism and terroristic acts. Erik explains the dangers of loose definitions and the theoretical consequences that could result by expanding these thresholds. Erik and Aaron contemplate San Francisco’s recent decision to brand the NRA as a domestic terrorism organization and the potential issues that may arise because of it, such as constitutional conflicts, ex

From jailhouse lawyer to law professor and criminal justice reform advocate . . .   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Shon Hopwood, an attorney and law professor at Georgetown Law, to discuss his remarkable life story and how it brought him to understand the need for profound reform in our criminal justice system.  After Shon’s story was featured on a recent episode of “60 Minutes,” he graciously agreed to come on Good Law Bad Law to share his story and the reforms he believes are so urgently needed.   Shon served 11 years in federal prison for a series of armed bank robberies he committed in his early 20s. After securing a job in the prison law library, Shon discovered that he had quite the knack for the law and legal thinking.  After failing to get his own sentence reduced, he turned to helping other inmates with their cases.  Against all the odds, Shon wrote a brief to the U.S. Supreme Court asking for review of a fellow in

Can a law that dates back to Reconstruction in the 19th Century be used to fight back against the perpetrators of racial violence that erupted in Charlottesville two years ago?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Michael Bloch, an attorney at Kaplan, Hecker & Fink LLP, to discuss his work on “the Charlottesville Case,” a lawsuit representing the victims of the Charlottesville riots when neo-Nazis and white supremacists plotted to commit acts of horrific racial violence in August 2017.   Eight victims of that violence filed suit, in conjunction with the nonprofit Integrity First for America (IFA), to send a clear message to every hate group in the country: “Americans will not give in to violence and hate.” The lawsuit seeks to ensure that the tragic events of Charlottesville never happen again, “… not on the streets of Charlottesville, Virginia, and not anywhere else in the United States of America.” Michael’s firm is repre

How does pregnancy impact careers… for both parents? Is there such a thing as a “pregnancy penalty”?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Jennifer Shinall, a Professor of Law at Vanderbilt, to discuss inequity in family leave policies, the gender pay gap, pregnancy discrimination and gender stereotypes that remain in the workplace.   A graduate of Vanderbilt Law and Harvard University, Jennifer has a J.D. and a Ph.D. in Law and Economics. Jennifer focuses on employment law, employment discrimination, health economics, labor economics and more. Her research examines discrimination, particularly in the areas of gender and disability. Exploring how health status (such as obesity and pregnancy) affects labor market outcomes, Jennifer considers how these effects may differ by gender and how these disparities may be addressed by the legal system. Today Aaron and Jennifer address these topics, specifically through the lens of parental

Seeking justice, transparency and accountability in the tragic case of Eric Garner: Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Alvin Bragg, Gideon Oliver, and Monifa Bandele for a special conversation on police brutality, community safety, and the tragedy of Eric Garner’s death five years ago. Alvin and Gideon are both attorneys for the Garner family and Monifa is a community activist heavily involved in the case, as well as one of the petitioners in the recent judicial inquiry brought by Alvin and Gideon, on behalf of the family.  Although the NYPD has fired Daniel Pantaleo, the police offer who placed a fatal chokehold on Eric Garner on July 17, 2014, so many questions, disturbing questions remain.  The judicial inquiry request, recently filed, seeks answers to those questions. In today’s episode, Aaron, Alvin, Monifa and Gideon discuss the history of Eric Garner’s terrible and unnecessary death, what has happened since, and the broad

Have you ever wanted something so badly in your life that you would do anything to get it?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Dr. Adam Litwin to delve deep into this question, and more. A little different than our normal episode, today our guest shares his own, very personal story – one of tenacity, depression, passion, and redemption. Dr. Litwin shares his own journey of impersonating a doctor at UCLA Medical center in the late 1990s to realizing his life-long dream of becoming a physician decades later.   With an early introduction to medicine, Adam became infatuated with being a doctor. As a young kid, Adam found his love of medicine while watching his grandfather work as a podiatrist. In high school, Adam spent his time reading massive medical textbooks and doing anything he could to further his chances of medical school. After graduating, he started college as a pre-med student. Adam seemed to have planned out his life a

How can the law be used to hold perpetrators of racial violence and hate crimes accountable?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Kristen Clarke, President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law, to address the recent rise in hate crimes, discrimination and the intensifying activities of white-supremacist and other hate groups responsible. In today’s episode, Aaron and Kristen also talk about the ground-breaking case Kristen won recently in which she took on a neo-Nazi group for violently targeting a college student in Washington, D.C.   After being elected American University’s first African American female student body president, Taylor Dumpson was met with extreme racism, specifically from a neo-Nazi group and its website, the Daily Stormer.  Students were encouraged and incited to target and harass Taylor. She was sent threatening and racist messages online and she was harassed on campus

Should we decriminalize illegal crossings over our southern border?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Bill Hing, a professor of law and migration studies at the University of San Francisco and the founder of the Immigrant Legal Resource Center (ILRC), to discuss immigration and decriminalization of the border.   In today’s episode, Aaron and Bill attempt to make sense of what is happening at our border, discuss the responses of past administrations to deportation and pressures at the southern border, and try to get to the true statistics surrounding immigration and what those numbers might really mean. Having recently visited and inspected migrant detention centers where children have been separated from their families, Bill relives his own heart-wrenching account of the conditions there. Bill and Aaron discuss DACA (Deferred Action for Childhood Arrivals), Trump’s “zero tolerance policy” and rhetoric, the Flores decision, a