Good Law | Bad Law

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorneys Michael McKeon, of McKeon Law, and Mark Kovacich, of Odegaard Kovacich & Snipes, to discuss the topics of wrongful prolongation of life, DNRs, self-determination, and a case in which Mr. McKeon and Mr. Kovacich represented a man whose end-of-life instructions – known as an advanced directive – were ignored. What is the impact of this case? What are the legal and ethical questions? And why is end-of-life planning critical?   Today, Aaron, Mark, and Michael discuss end-of-life decisions, as well as what can happen when an individual’s rights are ignored. Michael and Mark talk about their success in a Montana court after their client, Rodney Knoepfle’s wishes were disregarded and he was resuscitated after he coded while in the hospital.  Michael, Mark, and Aaron talk about Mr. Knoepfle’s traumatic experiences, why this case matters, and the importance of communication regarding end-of

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by former Congresswoman, the Honorable Elizabeth Holtzman, now of Herrick Feinstein LLP, to discuss last week’s tragic insurrection at the Capitol and the unfolding aftermath, the resulting second impeachment of President Trump, and Congresswoman Holtzman’s concerns about our country’s future and the rule of law, truth, and democracy.    Today, Aaron and Congresswoman Holtzman have a vital conversation about what should happen next in our country. Who needs to be held accountable? Is the President criminally responsible? What about Members of Congress who enabled and contributed to the insurrection?  How do we unify the American people? Congresswoman Holtzman and Aaron have a crucial discussion about unity and division, the damage done to American democracy, the mythology of President Trump and Trumpism, the media’s role in perpetuating falsehoods of fraud in the 2020 election, peace and war, as we

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Carlton F.W. Larson, of the University of California Davis School of Law, to discuss the events of January 6th and the siege on the U.S. Capitol. Aaron and Carlton have an incredibly important and timely conversation on the legalities of treason, insurrection, sedition and seditious conspiracy, as well as Trump’s responsibility, involvement and failure to protect.     Today’s conversation is of the utmost importance after the tragedy of Wednesday’s attack on Capitol Hill. The world watched in horror as a violent mob stormed the steps of Capitol Hill and seized possession of the Nation’s Capitol on one of America’s darkest days, Aaron and Carlton talk about what happened and the aftermath that we are now forced to sort through. Carlton and Aaron have a conversation about accountability, the history of treason and treason law, the incoming Biden Administration and the new Justice Departm

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Lawrence R. Douglas, of Amherst College, to have a follow-up discussion on the current state of our politics, the integrity of our electoral system, and Professor Douglas’ most recent publication, Will He Go? Trump and the Looming Election Meltdown in 2020. Aaron and Lawrence discuss the aftermath of the 2020 election and analyze Will He Go. Where do we as a country go from here? Is there really hope for the future?   In today’s conversation, Lawrence and Aaron touch on a multitude of issues: toxicity, checks and balances, truth and basic facts, voter suppression, federal and state politics, and more. How has the 2020 election and the Trump presidency impacted our political system? Will there be lasting damage? Aaron and Lawrence discuss the lawsuits, the allegations, the conspiracy theories and what affects these have had on American’s view of our democratic process. Will Biden be “bo

Happy Holidays from Good Law | Bad Law. Thank you for everything! We are very much looking forward to the new year; to a time of change, hope, love and hopefully peace.  

As we celebrate the holiday season, let’s remember that because of COVID and the economic fallout, more and more Americans are depending on food distribution centers for a meal. Thinking of those who have so little in this country of such plenty, we are reposting this episode on food insecurity.     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.  L

We are approaching the January 20th inauguration of President-Elect Joe Biden. As the days wane, President Trump intends to break a 130-year-old precedent of pausing executions amid a transition of presidential power. Trump has five executions slated to happen over the next few weeks and if they all take place, Trump will become the most prolific execution president in more than a century. Today we are reposting episode #102 to shed light on the death penalty and lethal injections as Aaron and Dr. Joel Zivot discuss the moral and ethical challenges of the death penalty as well as the 8th Amendment and prisoner rights.   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 he

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Zachary Feinberg, of our firm, Freiwald Law, to discuss the current opioid epidemic, the ongoing opioid litigation, and specifically, the role doctors have played in perpetuating this addiction crisis at the expense of their patients.   With a unique background, Zack offers his perspective and experience in today’s conversation as he and Aaron talk about the opioid crisis in America and the role of prescribing doctors as almost “ambassadors” of these drugs. What has the evolution been in the epidemic? How much are our doctors involved? And what is the best way to seek treatment? Aaron and Zack talk about these questions and more as they discuss opioid abuse, opioid overdoses, Big Pharma, “front groups,” pill mills, and fraudulent marketing tactics rivaling that of Big Tobacco. What has the impact been on individuals? And what can people do? Zack and Aaron talk about the role of state go

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney and recording artist Pitbull’s general counsel, Leslie José Zigel, of Greenspoon Marder, to discuss entertainment law, his experience in the music industry, and trademarking Pitbull’s recognizable “EEEEEEEYOOOOOO” yell.    Mr. Zigel began his career at Festival Productions Inc. after graduating from the University of Rochester. In addition to serving as a producer for festivals such as Newport Jazz Festival, New Orleans Jazz and Heritage Festival, and Playboy Jazz Festival, he spearheaded the launch of American Express Platinum Card’s “By Invitation Obly” program and served as the Marketing Director for the American Express Gold Card Events. In today’s episode, Leslie and Aaron discuss the importance of relationships, the ins and outs of the music business industry, the “art and science” of sampling, contract negotiations and more. Mr. Zigel explains the importance of learning lessons t

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Cristina Rodríguez, of Yale Law School, to discuss immigration law, President-Elect Joe Biden, executive power and what the future of immigration could look like.   Who controls American immigration policy? In today’s episode, Aaron and Cristina discuss this question and more, as well as Cristina’s new co-authored book on the topic, The President and Immigration Law. The biggest immigration controversies of the last decade have all involved policies produced by the President – policies such as President Obama’s decision to protect Dreamers from deportation and President Trump’s proclamation banning immigrants from several majority-Muslim nations. Cristina and Aaron talk about this idea of executive decision-making and how it has shaped our immigration system. Aaron and Cristina touch on the notions of power, status, oversight, voter suppression, and resentment as they explore the ins a

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Scott Cummings, of UCLA Law, to discuss legal ethics, our electoral system, and the recent rash of election lawsuits being filed in court by the Trump campaign.   It hasn’t been a week since news broke of former Vice-President Joe Biden’s presidential victory and yet, President Trump and his re-election team have filed countless lawsuits asserting that the results of the election are invalid due to unsubstantiated claims of fraud. In today’s episode, Aaron and Scott discuss these frivolous lawsuits, their potentially damaging effects, and the lawyers who are bringing them. What are the issues at play? And will these attorneys face punishment for their roles in bringing bogus claims?   Professor Cummings is the Robert Henigson Professor of Legal Ethics and a Professor of Law at UCLA School of Law, where he teaches and writes about the legal profession, public interest law, law and soc

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Michael Klarman, of Harvard Law, to discuss the notion of expanding the Supreme Court, the 2020 election and its potential outcomes, political history, and what Justice Barrett’s recent conformation could mean for our future. Aaron and Michael have a truly riveting conversation that covers many critical topics which may prove paramount to our country’s democratic future.    We post this episode days after one of the most contentious and important election nights of our lifetime. In today’s episode, Aaron and Michael talk about entrenching democracy and how this is absolutely a moment of opportunity. Delving into all of the relevant topics of this week, Michael and Aaron touch on the electorate, the Constitution, geographic clustering, race, voter suppression and more. Michael explains why he believes it absolutely necessary to expand the Court, exploring both the arguments for and agai

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by two climate youth activists and electoral organizers, Olivia Freiwald, 21, and Violet Massie-Vereker, 19, both of the Sunrise Movement and of the Down Ballot Disruption Project (DBDP), to discuss youth voting, the 2020 election, the importance of galvanizing youth political efforts, and the impact the youth will undoubtedly have on our future.   What is the DBDP? Why is the Green New Deal so important? In today’s episode, Aaron, Olivia, and Violet have an inspiring conversation on the possibilities of change. With the 2020 election days away, today’s conversation is paramount. Motivated at young ages, both Olivia and Violet, explain how their personal experiences have shaped their current political vision, the two talk about the climate crisis, electoral organizing, “sleepy dems,” awareness, responsibility and how to think big. Violet and Olivia discuss their frustration with the current power

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by law professor and advocate, Matthew Liebman, of the University of San Francisco, to discuss animal rights and the notion of animal law.   Who is a “rights holder” under the law? In today’s episode, Aaron and Matthew explore this idea as they delve into the arguments about animal rights and the law and how the law is applied to nonhuman animals. In discussing strategic impact litigation, the question of property vs. life, compassion, and animal ethics, Matthew and Aaron talk about the animal law movement and what our obligations to animals are. Matthew touches on a groundbreaking case he is currently involved with, Justice v. Gwendolyn Vercher, that the Animal Legal Defense Fund filed on behalf of an 8-year-old horse named Justice. Throughout today’s conversation, Aaron and Matthew talk about the importance of animal rights, animal ethics and of making good law.    Professor Liebman joined the

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Political Science Professor, Dr. Eileen Hunt Botting, of the University of Notre Dame, to discuss this week’s Supreme Court confirmation proceedings of Judge Amy Coney Barrett, the impact that these hearings will have on our Court, our country, and our history, as well as what this moment in time will mean moving forward.     As yesterday marked the final day of Judge Barrett’s confirmation hearings, the country waits to see if Judge Barrett will assume Justice Ruth Bader Ginsburg’s seat on the Court. Today’s conversation is paramount– Aaron and Eileen breakdown the fundamental problems at play in the refusal to halt Judiciary Committee proceedings until after the November election, detail Judge Barrett’s professional career and missteps in and since accepting the nomination, and debate whether or not our democratic foundation is in jeopardy. Professor Botting is one of more than 80 Notre Dame c

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

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?   As this week marks the first presidential debate in the 2020 election, we are reposting our conversation with Professor Lawrence Douglas. Originally episode #196, this discussion is absolutely critical as November approaches.   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 this episode, Aaron and Lawrence tackle what will happen if Trump loses the election but refuses to concede defeat – discussing the notion of electoral integrity, the role of the 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 el

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Michael Graetz, of Columbia Law School, to discuss economic instability, politics and policy, and Professor Graetz’s new co-authored book, “The Wolf at the Door: The Menace of Economic Insecurity and How to Fight it.”   Are we in a time of crisis? In today’s conversation, Aaron and Michael delve deep into the questions of American politics, globalization, the world economy, healthcare and more. In “The Wolf at the Door,” Michael and his co-author, Ian Shapiro, of Yale, explore the meaning and origins of economic insecurity and how it affects Americans’ pocket books and also their politics.  Michael explains that Americans are concerned about losing what they have, whether jobs, status, or safe communities. “They fear the wolf at the door.” Aaron and Michael touch on private industry, legislative politics, employment, the pandemic and its impact, the November election, Trump’s Administr

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

  Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Philosophy Professor Carl Cranor, of the University of California, Riverside, to discuss toxic chemical exposure and the legal challenges in proving when a dangerous chemical or substance causes harm.   In today’s conversation, Aaron and Carl delve deep into the intersection between law and science. The author of numerous books and articles on today’s topic, Carl’s areas of interest include legal and moral philosophy, specifically issues concerning risks, science and the law, the regulation of carcinogens and developmental toxicants, and the use of scientific evidence in legal decisions. Carl and Aaron talk about a variety of things throughout this episode, ranging from tort litigation to the Trump administration. Aaron and Carl explore the differences between regulating pharmaceuticals and pesticides in comparison to toxins as well as what tools we as a society have to establish whether or n