Good Law | Bad Law

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Vanderbilt Law Professor Dr. Edward Cheng, to discuss the ins and outs of the Monsanto RoundUp litigation.   Once thought of as the “billion-dollar baby” of one of the largest chemical companies in the world, the ubiquitous weed killer RoundUp has recently been found to directly cause cancer after a jury unanimously decided in a federal court case. Dr. Cheng and Aaron breakdown the case and talk specifically about the complex scientific questions that had to be answered throughout the trial, the questions of scientific evidence that these presented, and the broader implications that these challenges may have.   With a Ph.D. in statistics from Columbia and a law degree from Harvard, Dr. Cheng is an expert on the intersection between law and science. His research and teaching focus on the issues of evidence and science in the court room. How do experts interreact with the court? How do lay peopl

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by University of Pennsylvania Law Professor Louis Rulli, to discuss a landmark Supreme Court case on the issue of civil forfeiture.   Imagine being pulled over and having the police take all of your money before sending you on your way. It doesn’t sound like something that would happen here in America but it does. It’s called civil forfeiture and our guest, University of Pennsylvania Law Professor Louis Rulli, joins us today to talk about it. Aaron and Professor Rulli discuss the ins and outs of civil forfeiture including a recent Supreme Court case that examined the law under the 8th and 14th Amendments.   The Supreme Court case specifically looked at a case where a man, Tyson Timbs, was convicted of selling $225 worth of heroin to undercover police officers. In addition to one year of house arrest, five years of probation, and $1,200 in fees and fines, Mr. Timbs’ $42,000 Land Rover was confisca

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by George Washington University Professor and Forensic Pathologist, Dr. Victor Weedn, to discuss the ongoing opioid epidemic and the important role forensic pathologists play in battling the crisis. A public health emergency, the opioid crisis continues to plague the nation. Aaron and Dr. Weedn talk about the epidemic and the specific challenges that intersect between science and law. Dr. Weedn explains how forensic pathologists are on the front line of the crisis, discussing how overwhelmed these doctors are and how important they are in helping to identify the real issues at the heart of the crisis. Throughout the episode, Dr. Weeden, a renowned pathologist who worked on the OJ Simpson case, the identifying of Tsar Nicholas’ remains and other high-profile cases, describes that the “plethora” of designer drugs available is “enormous” and explains the role of forensic pathologists in identifying and

Outbreak outrage!   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Georgetown University Law Professor Nicholas Diamond to discuss the anti-vax movement, the surge in measles around the country, and compulsory vaccination.   It seems like every day more and more people are being diagnosed with illnesses we thought were eliminated years ago. Illnesses like mumps, measles, and whooping cough have all started appearing again in recent years and can be tied back to unvaccinated children. Some may ask, “if the vaccines are so effective, why wouldn’t everyone get one?” It’s a valid question, but it has a complicated answer.   Professor Diamond, who also teaches at George Washington University in D.C. and is also a consultant to pharmaceutical companies, walks us through the reasons some people don’t get their children vaccinated, including religious objections and studies that concluded vaccines caused autism in young children. Although these

Fake News, the calling card of a presidency?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by University of Pennsylvania History Professor Sophia Rosenfeld to talk about the tenuousness of the truth in democracy.   In Professor Rosenfeld’s new book, “Democracy and Truth,” she tells readers about the peculiar and fragile relationship between democracy and the truth. While it certainly feels like we live in a very unique time, and, in many senses, we do, Trump’s attacks on the media and his inability to remain truthful may not be that different after all. Just as she does in her book, Professor Rosenfeld walks us through the erosion of trust and truth, which has led to our current political climate and the rise of “Fake News”. Aaron and Professor Rosenfeld go on to discuss the potential solutions to the issues at hand.   This is an extremely timely conversation as President Donald Trump’s former personal attorney, Michael Cohen, takes cent

It’s ok to discriminate? Well…. Not exactly. Well…..Maybe. Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Elizabeth Weeks, co-author of a new book called “Healthism: Health-Status Discrimination and the Law” and Professor of Law at the University of Georgia. Professor Weeks joins the show today to talk about healthism, discriminating on the basis of health status. Aaron and Elizabeth discuss what healthism means, what it looks like in practice, and, most importantly, when companies can and cannot discriminate based on a person’s health-status. If a person smokes at home, should they be penalized at work? What if the employer provides that employee health insurance? How about if someone is overweight? These are just some of the questions Elizabeth addresses in today’s episode and in her new book. Professor Weeks explains the differences between acceptable and unacceptable healthism practices and takes us through several examples of each. It’

Do corporations have rights?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Adam Winkler, a UCLA law professor and author of the new book “We The Corporations.” Aaron and Adam discuss the constitutional rights of corporations in America.   Wait, the what? The First Amendment is often thought of as protection for citizens; it guarantees freedom of religion, speech and freedom of speech. We don’t often think about those rights being extended to corporations. The same is true for many of the rights guaranteed by the Constitution.   Of course, that is exactly what happened in 2010 when the Supreme Court decided the controversial Citizens United case, allowing corporations to donate vast sums to political campaigns because, the Court found, corporations have speech rights.  As Adam explains, this case has a very long history.  Indeed, the Supreme Court has been protecting the rights of corporations for longer than the rights of many individ

Is it time to say goodbye to the Electoral College?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Robert Hardaway, a professor at the Sturm College of Law at the University of Denver and, the author of a forthcoming book called “Saving the Electoral College”. Richard joins the show today discuss a movement by some states to disregard the electoral college and cast their votes in-line with the nationwide popular vote.   Calls to eliminate the Electoral College intensified following the 2016 elections when Donald Trump won the Electoral College but lost the national popular tally by more than 5 million votes.  Just last month the Colorado State Senate passed a bill that that would allow Colorado to cast its votes to whomever wins the national popular vote. Eleven states and the District of Columbia have already passed bills in their legislatures to join the National Popular Vote Interstate Compact, which would lead to a disregarding of the

What is actually happening in our immigration courts? And more importantly, what isn’t? Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Paul Schmidt, a recently retired U.S. Immigration Judge and an adjunct professor of law at Georgetown law School, to discuss the immigration crisis, specifically the backlog of cases that persists in our immigration courts and the problems these could cause. With an extensive and varied background in immigration – he was general counsel to the Immigration and Naturalization Service, the predecessor of ICE and he worked on the last big federal immigration legislation, all the way back in 1986 – Judge Schmidt joins the show today to talk about the immigration courts and how he fears that a backlog of cases could cause a civil rights disaster. Judge Schmidt notes that the government shutdown only made matters worse. If Congress and the President fail to reach a compromise in the coming days and weeks, tens of t

What’s the real story with marijuana in America?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Alex Berenson, author of a new book, “Tell Your Children: The Truth About Marijuana, Mental Illness, and Violence”. Alex joins the show today to talk bring a new perspective to the marijuana debate that is happening in our country right now.   Alex Berenson is a former New York Times reporter and author of several best-selling fiction novels. But recently Alex’s attention has shifted away from the world of spy-thrillers and towards another, possibly even more danger-filled topic, the legalization of marijuana in America. Alex explains he’s not necessarily against legalizing marijuana, or at least certain aspects of marijuana like CBD oil, but he does want us all to have a better understanding of the drug and its effects before we allow everyone to light up. Bring his journalistic skills to the subject, Alex corrals all the available science fro

Is our democracy in danger?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Aziz Huq, from the University of Chicago Law School, to talk about the state of our constitutional democracy.   How do we save a constitutional democracy once its core principles begin to erode? That’s the question at the center of today’s episode and the question Professor Aziz Huq and his Co-Author address in their new book, “How To Save A Constitutional Democracy.” Aaron and Aziz examine the state of our country’s institutions and the health of our democracy, particularly in these deeply divided times.   Under President Trump, Is our democracy being destroyed or is it experiencing a renewal?  There are arguments on both sides of course.  Once you listen to the episode, please share your own thoughts.  We always appreciate the feedback!   To purchase this or one of Aziz’s other books, visit: https://www.amazon.com/s/ref=dp_byline_sr_ebooks_2?ie=UTF8

How do national security concerns change our rights?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Richard Abel, from the UCLA Law school to talk about the war on terror has played on our country since its beginning in 2001.   Throughout our country’s history there have been times when the rights of the individual have been set aside due to a perceived threat to the country’s safety. One of the more notable examples in recent memory is when George Bush authorized the creation of Guantanamo Bay, a detention facility designed to imprison and interrogate the most dangerous criminals and terrorists. A report in 2013 concluded that health professionals working with the military and intelligence services “designed and participated in cruel, inhumane and degrading treatment and torture of detainees.”   Another example is the formation of Japanese internment camps after the attacks on Pearl Harbor in 1941. Both examples show complete

Why do we even need a Special Prosecutor?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Andrew Coan, from the University of Arizona to talk about the history and importance of the Special Prosecutor.   Over the past two years many of us have become familiar with the concept of a Special Prosecutor thanks to Robert Mueller’s investigation into Donald Trump’s presidential campaign and Russia connections. But what isn’t obvious is, why we need a special prosecutor in the first place? Andrew just released a book called “Prosecuting the President” that talks about the role of the Special Prosecutor and the various times a Special Prosecutor has been appointed since the role was first created under President Ulysses S. Grant.   Join us today to learn more about the role of the Special Prosecutor, the powers he possesses, and how they’ve been utilized throughout history.   To purchase Andrew’s book “Prosecuting the President: How

Should gun makers be held accountable for shootings?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Dan Feldman, from the John Jay College of Criminal Justice, to discuss gun maker immunity.   Last year, the United States saw over 35,000 gun deaths, over 85,000 gun related injuries, and not a single case brought against the makers of these weapons -- thanks to the “Protection of Lawful Commerce in Arms Act”, a 2005 law that grants near total immunity to firearm manufacturers.  Amazingly, no other industry in our country enjoys the broad federal protection. On today’s episode, Professor Feldman, who is intimately familiar with this issue from his many years in the New York State Legislature and the New York State Attorney General’s office, explains the history of the PLCAA, what exactly it protects the firearm manufacturers from and what they can still be held liable for, and why he believes we must press Congress to reconsider

What are the moral implications of a broken prison system? Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Jonathan Jacobs, the Chair of the Department of Philosophy at John Jay College of Criminal Justice in New York, to talk about the prison systems in America. On today’s episode Aaron and Jonathan closely examine the impact the prison system has on people in our society and how we, as a society, view people who have been to prison. As Jonathan explains, prison is intended to be punishment; one is sent to prison as punishment for a crime. But more and more we expect prison not only to be a punishment in and of itself, but also a place where inmates are actually punished, through deprivation, through poor conditions, through lack of opportunity. In addition, society inflicts further punishment even long after an individual’s release from prison, by making it difficult for a person to find employment, denying ex-cons the right to vote, and so

How can private industry make the quickest impact on climate change?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Michael Vandenbergh and Jonathan Gilligan from Vanderbilt University to talk about the future of climate change.   Sometimes, the law cannot solve a problem or, when it comes to climate change, arguably the biggest problem our country faces.  Michael, an environmental lawyer, and Jonathan, a climate scientist, join the show today to talk about a book they recently co-authored called, Beyond Politics: The Private Governance Response to Climate Change. In their book, they argue that the private sector, not the government, provides the biggest potential for making a significant difference in climate change in the short term. Michael and Jonathan discuss the background of the climate crisis we face and why, they argue, we cannot afford to wait for the federal government to take action to address the crisis.  Fortunately, some ma

Giving your DNA to one of the many commercial DNA kit companies, the ones who tell you about your family tree or your hidden health risks, sounds innocent enough, right?  But is it?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Natalie Ram, an assistant professor of law at the University of Baltimore Law School, to discuss these privacy issues. An expert in biotechnology, bioethics, and innovation policy, Natalie offers stern warnings to those who give away their DNA to companies like 23 and Me and Ancestry.com.    When you give away your DNA to one of these commercial, at-home, DNA testing services, you allow them, to share not only your own DNA with all those who participate in the databases, but the DNA of your close family members, including your children.  Law enforcement then can – and in some very high profile criminal investigations already has – use that data to obtain evidence that can be used to solve crimes.  The law is evol

Do the giant agricultural companies and cattle ranchers have the right to be protected against those who shed light on their business practices and their impact on the environment?  Or does the First Amendment have something to say about that?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by David Muraskin from the non-profit organization, Public Justice, to talk about Ag-Gag laws.   Aaron and David discuss the ins and outs of Ag-Gag laws as well as David’s ground-breaking case in Wyoming. Like other gag laws, Ag-Gag laws are specifically designed to protect the agriculture industry by making it difficult for people to speak out against industrial practices and conditions that impact animal welfare and the environment. David explains some of the history behind these laws in addition to some of the major cases. In Public Justice’s Wyoming case, David was successful in invoking the First Amendment as a way of challenging these highly restrict

Is President Trump trying to delegitimize the Federal Judiciary?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Steve Vladek, of the University of Texas, to discuss the Thanksgiving Week war of words between Chief Justice Roberts and President Donald Trump.   On today’s episode, Aaron and Steve talk about the comments made by both Chief Justice Roberts and Donald Trump regarding the case that was recently decided in a federal court in California that struck down the President’s Executive Order limiting those seeking asylum at the Mexican border.  The federal trial court  -- not the Ninth Circuit Court of Appeals, as the President inaccurately claimed – ruled that the President’s action was inconsistent with the clear language of the immigration law, 8 U.S.C. 1158. (https://www.law.cornell.edu/uscode/text/8/1158)   In a series of tweets, the President railed against the Ninth Circuit, claiming the decision was the product of an

Can you separate the Presidents words from his actions?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Sahar Aziz of Rutgers University, to discuss President Trump’s travel bans and his rhetoric towards immigrants.   On today’s episode Professor Aziz and Aaron talk about the various iterations of President Trump’s travel bans and how his rhetoric throughout his campaign trail and his presidency to date shapes the true intention of the ban. One of the biggest questions raised during the podcast was, can you separate his words from his actions? This is a question the Supreme Court had to consider in the lawsuit brought forth by Hawaii, The President of the United States v. Hawaii, challenging the latest version of the travel ban. Then, read the Supreme Court’s decision here.   To learn more about Sahar, head over to her bio at https://law.rutgers.edu/directory/view/8277.   Host: Aaron Freiwald Guest: Sahar Aziz   Follow Good