Good Law | Bad Law

What to do about voter suppression?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Joshua Douglas of the University of Kentucky College of Law to discuss voting laws in our country.   With the Florida Senate and Governor’s races in the midst of recounts and court battles, many are again hurling charges of voter suppression and voter fraud.  What can we do to make sure as many people as possible have free and unhindered access to one of the most fundamental rights we have, the right to vote?   Aaron and Josh discuss some of the main ways states erect obstacles to vote.  Josh, the author of a new book on voting, Vote for US: How to Take Back our Elections and Change the Future of Voting, also shares stories of individuals who are making a difference to open the doors to voting rights and some of the communities that are innovating in the area of voting and elections.  Aaron and Josh discuss the effectiveness of some of the measu

50 years later, how fair is housing?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Vicki Been, the Boxer Family Professor of Law at NYU, to discuss the Fair Housing Act on this historic civil rights legislation’s 50th birthday.  The FHA was signed by President Lyndon Johnson in the days following the assassination of Dr. Martin Luther King Jr.   Vicki, also the Faculty Director of NYU’s Furman Center for Real Estate and Urban Policy, reviews the history of the Fair Housing act and how it was designed to address systemic discrimination in housing.  Discrimination in housing has had a tremendous impact on access to schools and job opportunities, which, in turn, significantly impacts income and social mobility.    A leading expert on the fairness of environmental and land use policies, Vicki explains that, while there are still battles to be fought against over discrimination, states and cities face enormous challenges in tacking entrenc

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Joe Rogoway, the managing attorney at the Rogoway Law Group in California to talk about a fascinating pro-bono case he recently took on involving a young girl who was denied access to her CBD oil at school.   In today’s episode, Aaron and Joe talk about Brooke Adams, a five-year-old girl living in California who suffers from Dravet Syndrome, a severe and rare form of epilepsy that comes with life-threatening seizures that are unpredictable, frequent and can cause serious damage if not treated quickly. One method that’s proved effective at managing her seizures is CBD and THC oil, two components of marijuana which has been legalized for both medical and recreational use in the state.   Instead of allowing Brooke to bring her medication to school, the Rincon Valley Union School District offered to provide her with an hour of home schooling per day. Not satisfied with that clearly inadequate resp

As more and more states move to legalize marijuana, Is federal law making pot illegal just so much smoke? Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Robert Mikos to discuss marijuana law and policy. A Professor of law at Vanderbilt, Robert is a leading expert on federalism and drug law, specializing in marijuana law, and is the author of the first ever casebook on the subject, entitled Marijuana Law, Policy, and Authority. In today’s episode, Aaron and Robert discuss a variety of topics relating to marijuana law, medical marijuana and the discrepancies that exist between State and Federal law on the subject. Considering there is still a federal ban on marijuana there are barriers that are imposed by the federal government that can make the issue of marijuana, both for medical and recreational use, difficult. Robert details the challenges that states (and D.C.) face as well as the legal maneuvers and loopholes that some states ha

New York City’s homeless youth population could fill Yankee stadium. . . twice.   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Maria Foscarinis to discuss homelessness and poverty and the growing problem of homeless LGBTQ+ youth in our country.  Maria is devoting her career to using the power of the law to change this.   Maria started her career at the law firm of Sullivan & Cromwell, a large corporate law firm in NYC where she had the opportunity to do pro bono work representing homeless families. After working with these families and seeing first hand the impact she was having on them, she decided to leave the law firm and establish the National Law Center on Homelessness & Poverty.   Maria shares her personal journey as well as some of the groundbreaking work her organization has handled to improve the lives of homeless individuals and to attack the root causes of homelessness.  An important part of her work, Maria tells us,

What are the moral and ethical challenges with the death penalty today?  Not even so much whether to have a death penalty – which is a crucially important question, of course – but what are the moral dimensions of using lethal injection to carry out executions?  And what moral implications are there because medicine used to heal, here is used to kill?  And what about the requirement that health care professionals must engage in the act of taking a life?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Dr. Joel Zivot to discuss the case of Russel Bucklew a death row inmate in Missouri who claims lethal injection would violate his 8th Amendment rights.   Russel Bucklew suffers from an illness called cavernous hemangioma, a disease that causes weak and damaged blood vessels. Bucklew contends that pentobarbital, the drug Missouri uses when executing inmates by lethal injection, would not circulate through his blood properly. As a result,

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by former Chief Judge, Gerald Rosen, of the U.S. District Court for the Eastern District of Michigan, to discuss the city of Detroit filing for bankruptcy as well as the city’s miraculous recovery.   In today’s episode, Aaron and Judge Rosen talk about Detroit filing for bankruptcy in 2013, the reasons that led to such extreme measures, and the broader context for how Detroit’s story can be viewed. And what a fantastic and powerful story it is. Judge Rosen, a Detroit native, shares his personal experiences as lead mediator throughout the process and details how a group of devoted citizens tried, and did, save their city from disaster. From doodles to haircuts to famous art museums, the story of Detroit’s return to glory is one full of drama, teamwork, and dedication. Aaron and Judge Rosen analyze the bankruptcy from many different angles, reliving Detroit’s history in the process. This is an

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Lucy Beard, Executive Director of the Alice Paul Institute, and Roberta “Bobby” Francis, founding Chair of the ERA Taskforce of the National Council of Women’s Organizations and the current ERA Education Consultant for the Alice Paul Institute, to discuss the Equal Rights Amendment (ERA.)   Celebrating our 100th episode today, Aaron, Lucy and Bobby sit down to discuss the Equal Rights Amendment, today’s political climate, and the idea of equal protection for everyone under the law. Is the ERA more relevant than ever? And more so, is it finally close to being ratified? Lucy, Bobby, and Aaron attempt to answer these questions as Lucy and Bobby explain what the ERA actually is, the history of the proposed amendment, and the opposition it has faced throughout the past decades. Today’s conversation centers around why and how the ERA is not yet part of our country’s constitution and takes a fasc

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Joseph Blocher, a constitutional law expert and Duke Law professor, to discuss the ins and outs of the Supreme Court’s Heller Decision 10 years after the ruling and its impact on arguably the most partisan piece of the Constitution, the Second Amendment.   As partisan lines continue to intensify, we wanted to reevaluate one of the most contentious and controversial issues facing the nation right now, gun control and the role of the Second Amendment. Specifically, we wanted to talk about one of the most impactful legal decisions on the topic a decade after the High Court’s ruling was handed down. In today’s episode, Aaron talks to Joseph about his role as a young associate working on the Heller case and his academic work in the decade since. Joseph explains the scope of the decision as well as what has followed. Aaron and Joseph discuss the Heller case specifically but also consider the general a

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Steve Fried, author of the new book: “Rush: Revolution, Madness, and Benjamin Rush, the Visionary Doctor Who Became a Founding Father.”  Steve and Aaron discuss the life and impact Dr. Rush had on the founding of our country.   In 1776, 30-year-old Dr. Benjamin Rush was one of the youngest men to sign the Declaration of Independence.  A consummate chronicler of events and conversations, Dr. Rush’s journals and letters provide fascinating detail and insight into the founding time.  As Steve recounts, Dr. Rush was centrally involved in knowing and influencing many of the founding events: He counseled John Adams as Adams arrived for the Constitutional Convention in Philadelphia; he was an organizer of the protests against England’s tax on tea, which led to the Boston Tea Party;  he worked as an editor and proponent of Thomas Paine, the author of Common Sense; he was intimately involved, as a leadi

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by David Ross, an actual expert on the art of the deal.  David teaches negotiation at Columbia Law School, works a professional mediator in complex litigation disputes, and is the author of a textbook on negotiation, as well.  Aaron and David discuss President Trump’s claim that he is a master deal-maker.   Aaron and David describe fundamental negotiation principles and goals and then apply those to the President’s approach to negotiation.  Certainly, the President has touted his years of real estate deal-making in New York as proof that he can make better deals for the United States, whether in foreign policy, managing countries like Russian and North Korea, or in trade relations with Mexico and China and Europe.   Negotiating  skills are so important  in many different contexts – certainly in law and litigation, but also in business, in workplace interactions, and in one-on-one personal relatio

GO VOTE!   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Michael Waldman, President of the Brennan Center for Justice at NYU School of Law. Today, Aaron and Michael are talking about voting rights and how different states manage their voting laws.   With important midterm elections coming up this November, Michael and Aaron review the history of voting rights, back to the framing of the Constitution.  Since the founding of our country, we have continued to expand the right to vote and have struggled against efforts to limit this vitally important right.  Michael addresses the difficulty of ensuring only eligible voters are voting while making it easier for those voters to cast their ballots. However, one of the biggest points that Michael makes is the importance of voting. He notes that voter turnout in the last mid-term election, in 2014, was the lowest turnout in 72 years.  Aaron points out the 100 million Americans did not vote in the

Football season just got a lot more interesting. . .   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Chris Soriano, a gaming law attorney for Duane Morris in New Jersey, to discuss the recent Supreme Court decision that in effect legalized sports betting across the country and the implications this decision may have for the future of gambling, as well as professional sports.   In today’s episode, Chris and Aaron sit down to discuss the Supreme Court’s recent overturning of the 1992 Professional and Amateur Sports Protection Act (PASPA), which led to a near-total outlawing of sports betting. Chris outlines the history of the gaming industry through the late 1980s and early 1990s and explains the atmosphere that led up to the 1992 PASPA law. He explains that the feelings surrounding the 1992 act are still prevalent today and that those feelings may influence the future of professional sports and gambling. Aaron and Chris talk about the hist

Wait, it might be good to overturn Roe v. Wade?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Mary Ziegler, the Stearns Weaver Miller Professor at the Florida State University to talk about the history of the anti-abortion movement in America.   In today’s conversation, Mary and Aaron discuss the history of abortion in America and the impact Roe v. Wade had when the Supreme Court handed down that ruling in 1973.  Mary describes the changes that happened as a result of Roe’s decision, one such impact being the methods and conditions for which an abortion was available to women before and after the High Court’s ruling.   Aaron and Mary also go on to discuss the future of Roe v. Wade. Mary explains the reasons anti-abortion activists and their supporters in the Republican Party, despite what many may believe, may actually want Roe v. Wade to remain in effect and why the pro-choice advocates may prefer for Roe to be overturned rather than

One year after Charlottesville  . . . this is the episode to understand what to make of the terrible events that took place one year ago and where we must go from here.   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast  Good Law | Bad Law, is joined by Nancy Baron-Baer, the Regional Director of the Anti-Defamation League for the Philadelphia area, to look back at the Charlottesville protests from 2017 as well as to try and answer the question: “What is a hate crime?”   Nancy and Aaron discuss the protests in Charlottesville, Virginia that occurred on August 12, 2017. The protest was called “Unite the Right” and immediately sparked violent actions from both supporters of the movement and counter-protesters. Tensions peaked at 1:42 PM when James Alex Fields rammed his car into a crowd of counter protesters, killing a 19-year-old woman.   In addition to Charlottesville, Nancy and Aaron talk about the differences between hate speech, hate crimes, and hate incidences. Nancy al

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Marci A. Hamilton, a law professor at the University of Pennsylvania and one of the country’s leading experts on child abuse statutes of limitations, to discuss the Catholic Church, specifically in regards to the recently released Grand Jury report on child abuse and sexual assault in the Catholic Church institution in Pennsylvania.     Marci and Aaron sit down to discuss the impact and importance of the Grand Jury’s report as well as the historical significance it holds. The first of its kind the report is the most extensive look at the scope of the issue. Detailed in 886 pages, the report outlines the scale of the problem with over 300 priests named and listing over 1,000 victims. Throughout the episode Marci details her previous experience with child sex abuse cases and the injustices that she has seen as a result of short statutes of limitations, expressing her own opinions on the repo

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Abe Reich, Partner and Chair Emeritus at Fox Rothschild and a Law Professor at the University of Pennsylvania to talk about legal ethics, specifically, how President Trump’s attorney may have violated various ethical rules that govern all lawyers.   Abe is a former Chancellor of the Philadelphia Bar Association and currently teaches a course at Penn Law called “Ethics and Advocacy - From the Boardroom to the Courtroom.” A lawyer for over four decades, Abe has served as an expert witness and has represented lawyers in legal ethics matters, so we thought Abe was the perfect person to come in and discuss Michael Cohen. Most recently, Michael Cohen has been in the news for having recorded conversations with his then client, Donald Trump, and in the past, he allegedly settled a claim with Stormy Daniels without his client’s knowledge.   Aaron and Abe discuss what legal ethics are and what they mean

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Theresa Cardinal Brown, the Director of Immigration and Cross-Border Policy at the Bipartisan Policy Center (BPC) in Washington, D.C.,  to discuss the hotly contested political issue of immigration. This is the episode you need to hear to really understand the immigration debates that have become so divisive in the last many months and years.   BPC is a think tank that was founded 10 years ago by four former Senate Majority leaders (Bob Dole, George Mitchell, Tom Daschle, and Howard Baker) and works to bring Democrats and Republicans together to develop policy answers to some of the most critical and complex questions facing the country. “We are by name and by design bipartisan,” Theresa says.  “Everything we do is aimed at trying to figure out how to get Democrats and Republicans to agree to develop consensus and principal compromises that can be politically valuable.”   Theresa has

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Steve Harvey and Yolanda Pagano of the organization “A Call to the Bar: Lawyers for Common Sense on Climate Change.” A non-partisan group, “A Call to the Bar” is a group designed to encourage lawyers around the country to get involved in the issue of climate change in the hopes of finding solutions.     Both Steve and Yolanda have backgrounds somewhat related to the issue of climate change and global warming. Colleagues in law school, Steve and Yolanda explain that climate change is a universal issue that touches almost all aspects of our lives. With a background in science, Steve’s passion for climate change was reignited after he opened his law firm, Steve Harvey Law, LLC. A general litigator in Philadelphia, Steve’s firm specializes in commercial litigation and he approaches “A Call to the Bar” as both a lawyer and a concerned citizen. Yolanda never practiced law after graduation but fo

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by, Professor Joyce Malcolm, the Patrick Henry Professor of Constitutional Law at the Antonin Scalia School of Law at George Mason University, to discuss Justice Anthony Kennedy’s legacy and impact on the Supreme Court.   Joyce is a historian and constitutional scholar who focuses on the development of individual rights in Great Britain and America. She’s written books and articles about gun control, the Second Amendment, and individual rights and her work was cited in the landmark 2008 Supreme Court case, Heller v. D.C., which recognized the Second Amendment’s protection of an individual’s right to bear arms.  With Justice Kennedy’s retirement, we thought it was fitting to look back at his career and the impact he’s had on the country and the Supreme Court.   On today’s episode Joyce and Aaron talk about the controversial nomination of Robert Bork, whose confirmation got blocked in the mid