Good Law | Bad Law

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Jill Abramson, the former Executive Editor at the New York Times, to talk about her recent article in New York Magazine calling for the impeachment of Justice Clarence Thomas.   Before Jill became the first female editor in New York Times history, she wrote a book called “Strange Justice” where she examined Clarence Thomas’s testimony at his confirmation hearings for Supreme Court Justice 25 years ago. In the book Jill and her co-author Jane Mayer say Justice Thomas perjured himself with his testimony regarding Anita Hill.   Jill’s latest 4,000-word cover story in New York Magazine thrusts this discussion back into the spotlight re-igniting the debate on impeaching Justice Thomas. When Jill wrote her book “Strange Justice” in 1994, the #MeToo movement hadn’t been born yet. Now with so many women coming forward to name their abusers and to bring attention to the problem of sexual harassme

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Rod Smolla, Dean of the Widener University Law School in Delaware, to discuss the Masterpiece Cakeshop case that was recently argued before the U.S. Supreme Court.   If you are unfamiliar with the case you can learn more about it here. But, as a brief background, the Masterpiece Cakeshop is a bakery in Colorado that custom makes wedding cakes. A gay couple went to the shop to order a custom cake for their wedding. When they explained what they wanted, the owner of the store refused to make the custom wedding cake; he would however sell them one of their pre-made cakes. Same-sex marriage was not recognized in Colorado at this time and the owner of the bakery, Jack Phillips, said he didn’t support same sex marriages due to his religion.   Jack C. Phillips, views his cakes as works of art and believes by making a custom cake for a gay couple’s wedding, it would be seen as him endorsing thei

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Tracey Diamond, who is Of Counsel at the law firm Pepper Hamilton in Philadelphia.   Tracey practices employment discrimination law at Pepper Hamilton and also provides human resources counseling to businesses. She also regularly counsels clients on workplace issues like sexual harassment. Because of her experience we thought she would be the perfect person to bring on to discuss the #MeToo movement.   Because sexual harassment is the core problem the #MeToo movement is addressing, Aaron and Tracey start the episode by defining what sexual harassment is. Tracey explains that sexual harassment is a form of discrimination that is addressed under Title VII of the Civil Rights Act. Title VII divides sexual harassment into two categories, Quid Pro Quo which is when an employee is forced to do something or face a consequence: “do this or you’re fired” or “do this and you get a promotion.” Seco

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Paul Robinson, a Law Professor at the University of Pennsylvania and the author of the new book “Shadow Vigilantes: How distrust in the justice system breeds a new kind of lawlessness.” Paul is here today to talk about vigilantism and its impact on society.   Aaron and Paul start the episode by briefly explaining our criminal justice system; how the state or government takes on the role of plaintiff in criminal cases on behalf of the people. This responsibility makes it so citizens don’t have to be their own police force, it provides a sense of order.   When the government fails to provide justice to its citizens, or when citizens don’t believe justice has been served, they may turn to a form of vigilantism. It’s this act, the act of people taking the law into their own hands, that Paul’s book examines.   Paul explains two types of vigilantism. Classic vigilantism generally involves a

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Tim Barnes, of counsel at the Porzio firm in NJ, who is working on a ground-breaking case for wrongful prolongation of life.   Ms. Stica was an 89-year-old woman when she was admitted to the hospital. Before her admission, she had signed a DNR which means, physicians were not supposed to make any extraordinary efforts to save her life if something were to happen while she was in the hospital.   Unfortunately, the physicians at the hospital did not honor the DNR request because her chart had not been properly marked. While in the hospital, Ms. Stica went into cardiac arrest. Because her chart was not properly marked, the physicians did everything they could to save her life, and they succeeded. They got Ms. Stica’s heart beating again and called Ms. Stica’s daughter with the good news.   The physicians realized their mistake when Ms. Stica’s Daughter told them her mother had a DNR. Unfo

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Jim Beasley Jr. from The Beasley Firm in Philadelphia to talk about libel laws.   Inspired by the book “Fire and Fury” and President Donald Trump’s reaction to the book (the president proclaimed we need to toughen up libel laws in the country), Aaron wanted to talk to an expert on libel laws to see what the President would have to prove in order to have a libel case.   Jim starts the episode by explaining the difference between libel and slander before going into the different criteria that have to be met for public figures vs. private individuals. He also explains the differences between bringing a case against a news source or a publisher vs. bringing a case against a private person.   Jim also briefly explains the history of one of the landmark libel lawsuits in our country New York Times Co. v Sullivan (https://supreme.justia.com/cases/federal/us/376/254/case.html)   Join Aaron F

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by former White House Chief Ethics Counselor Richard Painter to talk about the 25th Amendment and President Trump’s mental fitness to serve.   From 2005 – 2007 Richard served as Chief Ethics Counselor to President George W. Bush and currently he is a professor at the University of Minnesota. In an exclusive interview, Richard and Aaron discuss the 25th Amendment and the steps involved in removing a President for mental unfitness.   He explains how Congress has an ethical and legal responsibility to hold immediate hearings to determine whether the provisions of the 25th Amendment – which have never been invoked to remove a President – should now be used to remove President Trump.   Aaron and Richard also talk about the other times in our history when the 25th Amendment has been used. When there have been health emergencies, surgeries, and times when the President was unable to make decisio

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by a man you may know from the recent Netflix documentary Wormwood, David Rudovsky. David Rudovsky has been an attorney in the Philadelphia area for the past 50 years and a law professor at the University of Pennsylvania for the past 30. David is here today to talk about racial inequality in our criminal justice system and what is being done about it.   David Rudovsky and Aaron start the episode by discussing a report from the U.S. Sentencing Commission that recently came out that outlines some of the disparities in arrest rates and sentencing between black individuals and white individuals. David explains the report shows black individuals receive on average a 19% longer sentence than white individuals and even when you control for all other factors and leave it up to judge’s discretion sentences are still 15-17% longer.   During the episode David and Aaron talk about how certain crimes ar

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Judge Mark Bernstein to talk about the importance of jury trials in our legal system.   Judge Bernstein and Aaron talk about how, even though fewer cases are being tried by a jury, the jury trial still plays a very important role. For instance, one of the ways lawyers determine how much to settle a case for is based on the amounts awarded by juries in past cases. Knowing this information helps the defense avoid the risk of paying too much and helps the plaintiffs avoid the risk of receiving too little.   The jury trial is also a great incentive for lawyers to settle cases that may not otherwise have been settled. Judge Bernstein talks about a few cases that he has seen that would have never settled had a jury trial not been on the horizon.   Judge Bernstein and Aaron also highlight an observation they’ve both made in courtrooms and that is, even though people may see jury duty as a bur

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Thomas Giordano, Jr., a Partner at Pond Lehocky Stern Giordano, who focuses his practice on Social Security Disability cases.   Tom tells us that he became a lawyer because his mother worked at a law firm and he became inspired at a young age. When he started at Pond Lehocky, 14 years ago, one of the partners wanted to start a division that focused on helping people with Social Security Disability claims. As a first-year associate, he volunteered to take on the challenge.   14 years later, Tom is still working on Social Security Disability cases and is now a partner at the firm. He explains what goes into a SSDI case and some of the requirements for receiving SSDI, such as being unable to work for at least 12 months.   Tom and Aaron discuss some of the myths and misconceptions involving people receiving Social Security Disability. Some people assume disability recipients are lazy, that

On this episode of Case In Point, Aaron Freiwald, Managing Partner of Freiwald Law, talks about the Center County PA, Grand Jury report where they investigated the death of Timothy Piazza.   The Grand Jury’s report, linked below, outlines Penn State’s responsibility in the death of Tim Piazza. The report highlights the fact that Penn State knew there was a hazing problem since at least 2009, when they investigated the death of Joe Dodo at the same fraternity that Timothy Piazza died at.   Penn State is not the only institution with problems with hazing, as we’ve seen, other institutions like LSU, UWF, FSU, and even the Military. However, Penn State is in the spot light because it has fostered a culture that not only supports, but encourages hazing and the mistreatment of their students.   You can see the full press conference here: https://www.facebook.com/PennLive/videos/10155254347706647/ The Grand Jury’s report can be found here: https://www.scribd.com/document/367258824/Centre-County-grand-jury-fi

On this episode of Good Law | Bad Law we want to thank you, the listener for your continued support; for going on this journey with us and helping us make the show what it is today.   We are looking forward to a great 2018.   Happy Holidays,   Aaron Freiwald

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Attorney Joseph Sullivan who is Special Counsel at Pepper Hamilton who focuses his practice on Pro-Bono legal work.   Joseph and Aaron talk a lot today about the importance of Pro-Bono legal work and its role in the legal community. He compares lawyers’ roles to that of doctors who treat people in an emergency without asking about compensation. Lawyers are here to help people navigate the legal field and it’s an obligation to help the people who may not be able to afford the legal service but still needs the help.   Joe talks about how he got into law, his career, and why he ultimately chose to focus on Pro-Bono legal work. He also shares some stories from his career about how Pro-Bono work has made a huge impact on people’s lives, it’s helped people who would have otherwise not been able to afford legal help.   Join Aaron Freiwald and Joe Sullivan for a great discussion about Pro-Bono

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by the Chancellor of the Bar in Philadelphia, Deborah Gross.   On this episode Deborah tells Aaron about The Philadelphia Bar Association, her initiatives as Chancellor of the Bar, and talks about lobbying in Pennsylvania and Washington. She starts off by explaining what the Philadelphia Bar Association is and what it’s importance is. She explains the Bar’s responsibilities in the legal world from investigating judge candidates, to providing continuing legal education, donating money and helping non-profit legal services, and providing support for lawyers.   She goes on to tell us about a project the Bar has been working on that will house over 20 legal non-profit companies to help them get affordable office-space, so they can better help their clients. This is one of her biggest missions as Chancellor; making sure this project continues moving forward and these non-profits get the help the

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by veteran Trial Attorney Susan Wild. Susan is currently running for Congress in Pennsylvania’s 15th district and is here to talk about sexual assault.   In what turned out to be one our most impactful episodes yet, Susan Wild talks about her career as a lawyer, gerrymandering, her congressional campaign, and the recent culture shift that is inspiring women to come out and tell their stories of sexual assault; to come out and face their accusers.   Aaron and Susan talk about the movement and the fact that some people are going to get exposed. And, in an amazing display of courage and solidarity, Susan tells us her own story of sexual assault in the workplace.   She tells us, as a young attorney at a big law firm she was working with a Sr. Partner at the firm. Over the course of a few months he came on to her. He asked her to stay late, drive him home after he drank too much at the office,

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Dr. Gregory Parks to discuss hazing on college campuses.   Dr. Parks is a professor of law at Wake Forest University; has written and contributed to numerous books relating to hazing in Greek Life on college campuses; and has researched hazing in traditionally African American Fraternities. In today’s discussion Dr. Parks and Aaron talk about all of the recent hazing cases that have happened and what we can do to prevent more from happening.   Dr. Parks tells Aaron, in his research he has found that traditionally white fraternities tend to haze using alcohol while traditionally African American fraternities tend to haze using violence. He goes on to explain, even though many states have laws against this behavior, the schools need to do a better job emphasizing them. “Laws are only effective when people know they exist.” Dr. Parks tells us.   In addition to being a professor of law at

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Attorney Henry Sias to talk about LGBTQ rights.   Henry is a transgender person and attorney in Philadelphia who recently ran for a seat on the bench in the Philadelphia Court of Common Pleas. Though he did not win a seat on the bench he was encouraged by the response he received by the people he spoke to during his campaign. He told us how the people of Philadelphia were so open and accepting of him and were willing to look past the fact that he is trans and listen to his position about real issues.   Aaron and Henry talk in depth about the LGBTQ rights movement and how it has moved so fast compared to other similar movements in our country’s history. Henry explained the first thing that drove the LGBTQ rights movement was the Civil Rights’ movement in the 1960s and the second was the AIDS epidemic. When AIDS became more widely known, the LGBTQ community was villainized. As the general

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by retired Judge Sandra Mazer-Moss to talk about sexual assault in the workplace and her efforts to inspire and mentor women in the legal field.   Judge Moss was a Judge in Philadelphia for more than 30 years and was integral in the process of clearing out the backlog of asbestos and other civil cases in the City. In her time on the bench, she helped start the first court system that was built with a business plan in mind. And, through her efforts as a leader and mentor in the Philadelphia community she has inspired many young women and encouraged them to pursue a career in the legal field.    Judge Moss also shares stories from her career as a lawyer and how she got on the bench, telling us how she overcame an unsupportive family, being a single mother attending law school, and facing sexual harassment in the workplace. She also explains how important having a strong mentor was for her and

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Ilan Rosenberg.   Ilan is an Attorney in Philadelphia and was the President of HIAS Pennsylvania for the past three years. HIAS or the Hebrew Immigrant Aid Society has been around for over 135 years and was founded to help Jewish immigrants adapt to their new country. Ilan and Aaron discuss the Muslim travel bans proposed by President Trump as well as the process of extreme vetting the President proposed for immigrants and refugees coming into our country.   As Ilan explains, the new “extreme vetting” process is actually no different than the process that has been in place since the 1980s. Ilan explains all of the steps and the typical timeline for a person who is trying to seek refuge in the United States.   Aaron and Ilan also discuss some of the history of immigration in the United States from the Irish coming during the Irish famine, Italians migrating here, and Jews who came befor

On this episode of Case In Point, Aaron Freiwald, Managing Partner of Freiwald Law, looks at the White House Opioid Commission’s report and suggestions for how to handle the country’s opioid crisis. The 130-page report outlines a plan that focuses on education and law enforcement rather than more controversial, but possibly, more effective measures such as Safe Injection Facilities.   Safe Injection Facilities are something we’ve been talking a lot about recently at Good Law | Bad Law and Freiwald Law since speaking with Scott Burris, a Temple Law Professor, Executive Director of the Center for Public Health Law Research, and an advocate for Safe Injection Facilities in the United States.   Safe Injection Facilities have seen great success in other countries in both reducing the number of overdose deaths as well as the number of drug users. But, these potential solutions are not a part of the Opioid Commission's recommendations.   If you’d like more information on Safe Injection Facilities you can liste