Good Law | Bad Law

Thank you for everything! We’ll see you in August!

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and journalist, Jamie Ducharme, of TIME, to discuss JUUL, her new book, Big Vape: The Incendiary Rise of Juul, and what the future may look like for e-cigarettes in general.   In today’s conversation, Aaron and Jamie delve into “the JUUL” story touching on the dubious decisions the company made as far as marketing to how JUUL Labs mismanaged its response to resale issues and the “dealing JUUL” phenomenon. Jamie explains her interpretation of the research that she’s found as far as less dangerous alternatives to traditional combustible cigarettes as she and Aaron examine JUUL in the larger context of the public health crisis. Is history repeating itself? How does JUUL compare to “Big Tobacco?” Today, Jamie and Aaron discuss responsible marketing, the FDA and regulation, safer alternatives, the vaping world, and more.     Originally from New Hampshire, Jamie is now based in Brooklyn. She is a staff writer at TIME Magazine, where she covers health and science. Jamie’s work has won awards from the New York Press Club, the Deadline Club, and the Newswomen’s Club of New York. Previously, she was the health editor at Boston Magazine. Big Vape is Jamie’s first book; it is a deep-dive into the e-cigarette company Juul Labs and an exploration of the complicated search for an alternative to cigarettes.   Listen now!   To learn more about Jamie, please click here.   To check out Jamie’s brand-new book, Big Vape: The Incendiary Rise of Juul, please click here.   Host: Aaron Freiwald Guest: Jamie Ducharme   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Kellen R. Funk, of Columbia Law School, for our second episode on bail and bail reform. Today’s conversation is part two of last week’s topic and follows up on some of the same ideas; Aaron and Dr. Funk discuss the bail system, what bail is and what it means for our society, as well as how the issues of bail relate to the broader problems of our criminal justice system as a whole. In today’s episode, Dr. Funk and Aaron address what it is that people need to understand about bail, touching on the topics of pre-trial detention and custody, civil justice, safety, bail and affordability, American history, the role of Judges and more. Dr. Funk explains the systemic implications bail bond decisions can have on communities as well as the importance of understanding what he refers to as the “lived reality” of many. Aaron and Professor Funk also talk about presumption of innocence, safety and risk, poverty and inequality, disadvantaged communities, bail schedules, and judicial discretion.  Dr. Funk is a legal historian with expertise in civil procedure and remedies. A graduate of both Yale Law School and Princeton University (Ph.D.), Professor Funk has written on the history of civil litigation practices in the U.S., the development and reform of the American bail system, and the juridical processes of churches and religious groups. His areas of study include data analytics, legal history, litigation and dispute resolution, and social justice and human rights with areas of specialty in history of the practice and professions of law, pretrial procedure and bail bonding, the development of federal equity, religious freedom and pluralism, and digital text analysis. Dr. Funk’s scholarship combines historical research methods with data science, and he is piloting a project to digitize the paper filings for nearly ever civil case litigated in New York County in the 19th century.   Professor Funk joined the Columbia Law faculty in 2018 after completing his Ph.D. in American history. His first book, The Lawyers’ Code, will be published by Oxford University Press next year; it explores how the 1848 enactment of New York’s Field Code shaped the field of American civil procedure by merging law and equity, accelerating creditors’ remedies, and giving lawyers supremacy over the rules of litigation.   Listen now!   To learn more about Professor Funk, please click here. *Professor Funk is working on his first book, The Lawyers’ Code, which he anticipates being published early next year.   Host: Aaron Freiwald Guest: Kellen R. Funk   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Ken W. Good, to discuss bail bond, the notion of bail bond reform, and the wide-ranging implications bail decisions can have on the broader criminal justice system.   Today, Aaron and Ken have a conversation about the state of bail in America, the impact the bail industry has, and continues to have, on society, and what exactly the point of bail is. Today’s episode is the first part of our series on bail and bail reform and today’s discussion is at times tense as Ken and Aaron touch on the topics of race, jail populations and overcrowding, urban environments and the irrefutable failings (past and present) of our country.     Mr. Good graduated from Hardin Simmons University and received his Masters in Education from Tarleton State University; he received his law degree from Texas Tech School of Law and was a member of the Texas Tech Law Review. Mr. Good has argued cases before the Supreme Court of Texas and the Texas Court of Criminal Appeals and the United States Court of Appeals for the Fifth Circuit. He is the author of “Good’s on Bail,” a practice guide created for bail industry professionals and has written several articles on the subject of bail reform and the bail system. He is a professional bondsman and is on the board of Directors for the Professional Bondsmen of Texas.       Listen now!   To learn more about Ken, please click here.     Host: Aaron Freiwald Guest: Ken W. Good   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and Vox correspondent, Ian Millhiser, to discuss the Supreme Court, Congress, politics and policy, as well as Ian’s new book, The Agenda: How a Republican Supreme Court is Reshaping America.     What will a conservative Supreme Court do with its power? In today’s conversation, as well as in his book, Ian explains how from 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation but in the same time span, the Supreme Court dismantled much of America’s campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Cart Act’s Medicaid expansion, weakened laws protecting against age discrimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. Ian argues that this powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the U.S. Today, Aaron and Ian, discuss the constitution, forced arbitration, “the administrative state,” power and authority, the judiciary as an independent, and the impact the Court has on us all.       Ian is a senior correspondent at Vox, where he focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States. Before joining Vox, Ian was a columnist at ThinkProgress; he clerked for Judge Eric L. Clay of the United States Court of Appeals for the Sixth Circuit and he served as a Teach for America corps member in the Mississippi Delta. Ian received his B.A. in philosophy from Kenyon College and his J.D. from Duke. While at Duke, he served as senior note editor on the Duke Law Journal and was elected to the Order of the Coif. In addition to his most recent book, Ian is also the author of Injustices: The Supreme Court’s History of Comforting the Comfortable and Afflicting the Afflicted. Ian’s reporting is partially supported by a grant from the New Venture Fund.       Listen now!   To learn more about Ian, please click here.   To check out Ian’s new book, The Agenda: How a Republican Supreme Court is Reshaping America, please click here.   To read Ian’s recent New York Times op-ed, “Republicans Have an Agenda All Right, and They Don’t Need Congress for It,” please click here.        Host: Aaron Freiwald Guest: Ian Millhiser   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and award-winning blogger, Amy B. Chesler, to discuss her new book, Working for Justice: One Family's Tale of Murder, Betrayal, and Healing. Throughout today’s conversation, Amy shares her deeply personal story of grief and reflection; Aaron and Amy talk about her family’s dark past, the tragic murder of her mother, and what it is she wants others to know.   In 2007, Amy’s beloved mother, Hadas Winnick, was murdered at the hands of her own brother. With this unbelievable loss, Amy was thrust into a chaotic, painful, and harrowing search for justice. Today, Aaron and Amy contemplate what justice really is and whether or not it will ever truly be achieved. Amy and Aaron talk about the importance of warning signs, grit, communication, and sharing perspectives as Amy explains her reasons for writing this book and why she believes that there is value in everyone’s story.   Amy is a writer and former educator from Southern California; she discovered her passion for the literary and film worlds as early as she can remember, and she has been voraciously reading, writing, and performing ever since. Amy has won several international awards for her non-fiction work, yet also thoroughly enjoys writing various genres of fiction. Over the last several years, Amy has contributed content to many popular publications and her work has been featured on BuzzFeed Parents, DVDNetflix, TODAY Parents, and more.   Listen now!   To learn more about Amy, please visit her website here. To check out Amy’s new book, Working for Justice: One Family's Tale of Murder, Betrayal, and Healing, please click here. To read Amy’s recent New York Post article about her book, please click here.   Host: Aaron Freiwald Guest: Amy B. Chesler   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by law professor, Patricia A. Cain, of Santa Clara University School of Law, to discuss sex discrimination, glass-ceilings, and the incredible women law professors who broke down barriers throughout history; Professor Cain is the editor of the newly released book, Paving the Way: The First American Women Law Professors, a book that follows the first wave of trailblazing female law professors and the stage they set for American democracy. The late Herma Hill Kay, of Berkeley, is the author of the book while the late Justice Ruth Bader Ginsburg wrote the foreword.   In today’s episode, Aaron and Pat delve into this special project, one that Justice Ginsburg advocated for tirelessly and admired publicly in the years before her death. Herma Hill Kay, former Dean of UC Berkeley School of Law and Ginsburg’s close professional colleague, wrote Paving the Way to tell the stories of the first fourteen female law professors at ABA- and AALS-accredited law schools in the United States. Kay, who became the fifteenth such professor, labored over the stories of these women in order to provide an essential history of their path for the more than 2,000 women working as law professors today and all of their feminist colleagues.   Dean Kay passed away in 2017 and our guest, Pat Cain, ensured the completion of this important work. Pat explains that each woman’s story is wrapped in rich historical context and that their perseverance through extraordinarily difficult times must never be forgotten. Paving the Way is not just a collection of individual stories of remarkable, strong, motivated women but also a well-crafted interweaving of law and society during a historical period when women’s voices were often not heard and sometimes actively muted.   The final chapter of this book connects these first fourteen women to the “second wave” of women law professors who achieved tenure-track appointments in the 1960s and 1970s, carrying on the torch and analogous challenges. Pat and Aaron recount some of these stories in today’s conversation and explain what these women can teach us and what their profound impact has been on society, culture, democracy and the law.   Professor Cain is a national expert in federal tax law and sexuality and the law. She has published numerous law review articles, essays, and book reviews on various topics, including federal taxation of installment sales, tort law, the role of judges, feminist legal theory, and the history of the LGBT rights movement. Her area of specialization is taxation and estate planning for same-sex couples and she frequently lectures on this topic at state and national continuing legal education programs.   A graduate of Vassar (A.B.) and the University of Georgia (J.D.), Professor Cain began her law teaching career at the University of Texas in 1974, where she was a member of the faculty for 17 years. She then joined the law faculty at the University of Iowa, where she held the Aliber Family Chair in Law and the Vice Provost position. She became a member of the Santa Clara faculty in 2007.   Listen now!   To learn more about Professor Cain, please visit her bio here.     To check out the new book, Paving the Way: The First American Women Law Professors, please click here.   To learn more about the book’s author, Herma Hill Kay, please click here.   Host: Aaron Freiwald Guest: Patricia A. Cain   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and professor, Mark Robert Rank, of Washington University in St. Louis, to discuss poverty, the myths surrounding economic inequality and myth perpetuation, the notion of hard work, and effective approaches to “fixing” our poverty problem. Aaron and Mark also discuss Professor Rank’s newest co-authored book on the topic, Poorly Understood: What America Gets Wrong About Poverty.   Why does poverty exist in the United States? Mark and Aaron delve into this question and others as they try to tackle the myths, rhetoric and complexities of poverty in the United States. Touching on demography, stereotypes, infrastructure, jobs, Presidential administrations, and more, Aaron and Mark break down what it is that people need to know about poverty in the U.S., what the solutions might be, and what the cost, reach, and impact of poverty is on all of us. What are the myths of poverty? Who benefits from perpetuating these myths? And how do we better understand such a nuanced issue?   The Herbert S. Hadley Professor of Social Welfare, Dr. Rank is widely recognized as one of the foremost experts and speakers in the country on issues of poverty, inequality, and social justice. His research and teachings focus on poverty, social welfare, economic inequality, social policy and demography. His life-course research has demonstrated for the first time that a majority of Americans will experience poverty and will use a social safety net program at some point during their lives.   Dr. Rank has published numerous scholarly articles and several author books; his first book, Living on the Edge: The Realities of Welfare in America, explores the conditions of surviving on public assistance and his 2004 book, One Nation, Underprivileged: Why American Poverty Affects Us All, provided a new understanding of poverty in America. Dr. Rank’s research has been reported in a wide range of media outlets including, The New York Times, The Washington Post, The Wall Street Journal, USA Today, The Chronical of Higher Education, among others. He has provided his research expertise to members of the U.S. Senate and House of Representatives, as well as to many national and state organizations involved in issues of economic and social justice.   Listen now!   To learn more about Professor Rank, please visit his bio here. To check out Professor Rank’s newest book, Poorly Understood: What America Gets Wrong About Poverty, please click here. To check out Mark’s recent Washington Post article, “Five myths about poverty,” please click here.   Host: Aaron Freiwald Guest: Mark Robert Rank   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by bestselling author, Emanuel (Manu) Rosen, to discuss his new book, If Anyone Calls, Tell Them I Died: A Memoir.   The Holocaust and its aftermath were not often discussed in families of second-generation survivors; in Tel Aviv in the 1960s, Emanuel Rosen grew up hearing the keys of his mother’s typewriter but had no idea about the battle she was fighting. In his latest book, If Anyone Calls, Tell Them I Died, Emanuel tells the story of his mother’s struggle but it’s a story that spans three generations. Emanuel tells the true story of grandparents, daughter, and grandson, and today, shares details of his family’s life journey with Aaron, a story filled with loss, guilt, lengthy court proceedings, secret letters, and love, while explaining the broader contexts of his book and how this incredible story is one that should serve as a stark reminder.   Emanuel is a bestselling author whose books have been translated into thirteen languages. He was born in Israel where he went to school, served in the army, and was an award-wining copywriter. After his graduate school education in the United States and a successful career as an executive in Silicon Valley, Emanuel turned to writing. His first book, The Anatomy of Buzz, was a national bestseller and his third book, Absolute Value (with Stanford professor Itamar Simsonson ), won the 2016 American Marketing Association Best Book Award.   Emanuel was previously vice president of marketing at Niles Software, where he launched the company’s flagship product, EndNote. His work has been featured in the Harvard Business Review, Time, Advertising Age, and many other media. If Anyone Calls, Tell Them I Died is his fourth book.   Listen now!   To check out Emanuel’s new book, If Anyone Calls, Tell Them I Died: A Memoir, please click here. To learn more about Emanuel, please check out his website here.   Host: Aaron Freiwald Guest: Emanuel (Manu) Rosen     Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by author and journalist, Jim Tracy, to discuss his brand-new book, Sworn to Silence: The Truth Behind Robert Garrow and the Missing Bodies' Case, and the impact the Robert Garrow case has had on the legal field, law school curriculums, and the notion of attorney-client privilege.   In our first ever true-crime episode, Aaron speaks to Jim Tracy, a veteran reporter and published author, to discuss his new book about infamous serial-killer, Robert Garrow. Jim has a personal connection to the Garrow case and explores this and more throughout today’s episode.   Robert Garrow was an American serial rapist and later spree killer who was active in New York during the 1970s. In today’s episode, Jim explains the twists and turns of the Garrow story that began when Robert Garrow went on an 18-day killing spree, stabbing four people to death before being apprehended – Garrow went on his spree after committing several rapes, and as you will hear, most likely after committing several other grisly murders.   The Garrow case begins with the horrific acts of Robert Garrow, but as Aaron and Jim discuss, there is much more to the story. In his book and throughout today’s episode, Jim tells the amazing and unforgettable tale of two American lawyers who did the unthinkable, the unprecedented – they found themselves balancing their client’s unforgivable secrets with their oaths as officers of the court. Today, the Garrow case is considered a landmark legal story that is studied and analyzed in law schools worldwide. The events of Garrow’s terror in the Adirondack Mountains has been indelibly marked in Tracy’s mind since he was eight years old and in Sworn to Silence, he weaves together a true crime narrative that should rank with some of the most compelling American crime stories of modern times; he does so while taking the reader on a riveting journey back to the 1970s, unveiling an American killer most people have never heard of, and explaining the groundbreaking legal implications this story has had on our modern understanding of attorney-client privilege.   Jim Tracy has won multiple national and state writing awards, including placing first in the prestigious Associated Press Sports Editor contest. He spent a considerable amount of his career with the Pulitzer Prize winning newspaper, The Post-Star, a publication in Glens Falls, N.Y. Prior to his successful career in journalism, Tracy was a former aide to New York State Senor Norman Levy. A graduate of the State University of New York, Jim was born, raised and still resides in the foothills of the Adirondack Mountains, where today’s story takes place. Jim has spoken publicly about the Garrow case at several historical societies and continues to be interviewed for his knowledge and experience with the case.   Listen now! To check out Jim’s new book, Sworn to Silence: The Truth Behind Robert Garrow and the Missing Bodies' Case, please click here.   Host: Aaron Freiwald Guest: Jim Tracy     Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by returning guest and friend of the podcast, professor Stephen Vladeck, of the University of Texas at Austin, School of Law, to discuss the U.S. Supreme Court and the notion of its secretive “shadow docket.”   In today’s episode, Stephen returns to our show to discuss an obscure legal procedure known as, the “shadow docket.” Throughout today’s conversation, Aaron and Stephen explore just what exactly this is, what it means for the country, how it impacts democracy, and how it is being used. Cases on this docket can effectively be decided quickly and quietly – sometimes even without knowing all of the evidence; they can be resolved even when lower cases are still processing them and without providing explanations and/or signed opinions. Stephen and Aaron address the dangers that this type of power can have and whether or not there are any checks and balances in place in our system to keep these powers regulated.   Professor Vladeck holds the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law and is a nationally recognized expert on the federal courts, constitutional law, national security law, and military justice. Stephen has argued before the U.S. Supreme Court, the Texas Supreme Court, and lower federal civilian and military courts; he has served as an expert witness in both U.S. state and federal courts and in foreign tribunals. Professor Vladeck has received numerous awards for his influential and widely-cited legal scholarship, his popular writing, his teaching, and his service to the legal profession.   Professor Vladeck is also a host of his own podcast, the National Security Law Podcast, which he co-hosts with Professor Bob Chesney. He is CNN’s Supreme Court analyst and a co-author of Aspen Publishers’ leading national security law and counterterrorism law casebooks. He is the executive editor of the Just Security blog and a senior editor of the Lawfare blog.   Listen now! To learn more about Professor Vladeck, please click here. To check out Professor Vladeck’s co-hosted podcast, the National Security Law Podcast, please click here. To read the Reuters’ article, “The 'shadow docket': How the U.S. Supreme Court quietly dispatches key rulings,” in which Professor Vladeck was quoted, please click here.   Host: Aaron Freiwald Guest: Stephen Vladeck     Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by law professor, Amanda Frost, of the Washington College of Law at American University, to discuss the rights of citizenship, citizenship stripping and denaturalization, sexism and xenophobia, as well as Professor Frost’s new book, You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers. What is citizenship? Who is a citizen? And furthermore, who decides the answers to these questions?   In today’s conversation, Aaron and Amanda have an incredibly relevant conversation about citizenship in the United States. Citizenship is invaluable and yet, as Amanda explains, it is always at risk. In her new book, Amanda explores the history of citizenship and citizenship stripping over the last two centuries – she explains that the U.S. government has used revoking citizenship (even from those born on American soil) as a tool to cast out its unwanted, suppress dissent, and deny civil rights to all considered “un-American.” Amanda and Aaron talk about the historical aspects of citizenship challenges but also those of today, touching on the events of the last four years and Trump’s repeated threats of deportation/denaturalization, the issues of race and equality, the notion of political power and the right to vote, as well as the Supreme Court, the civil war, and the idea of community, membership and belonging.   Amanda Frost is the Ann Loeb Bronfman Distinguished Professor of Law. Amanda writes and teaches in the fields of constitutional law, immigration and citizenship law, federal courts and jurisdiction, and judicial ethics. Her scholarship has been cited by over a dozen federal and state courts, and she has been invited to testify on the topics of her articles before both the House and Senate Judiciary Committees. Professor Frost’s non-academic writing has been published in The Atlantic, Slate, The American Project, the Washington Post, the New York Times, and USA Today, and she authors the “American round-up” column for SCOTUSblog. Amanda is a member of the Editorial Board of Oxford University’s Border Criminologies, an Academic Fellow at the Pound Civil Justice Institute, and a member of the National Constitution Center’s Coalition of Freedom Advisory Board; she has been a visiting professor at Harvard Law School, UCLA Law School, Université Paris X Nanterre, and the Johannes Gutenberg University in Mainz, Germany.   Before entering academia, Professor Frost clerked on the U.S. Court of Appeals for the D.C. Circuit and spent five years as a staff attorney at Public Citizen, where she litigated cases at all levels of the federal judicial system.   Listen now! To learn more about Professor Frost, please check out her bio at American here. You can also learn more about Professor Frost by visiting her personal website here. To check out Professor Frost’s new book, You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers, please click here.   Host: Aaron Freiwald Guest: Amanda Frost     Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

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 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 and outs of our country’s immigration history, the impact of partisan policies, and the roles of the President and Congress. The President and Immigration Law chronicles the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief and offers a blueprint for reform.   Professor Rodríguez is the Leighton Homer Surbeck Professor of Law at Yale Law School. Her fields of research include constitutional law and theory, immigration law and policy, administrative law and process, and citizenship theory. In recent years, her work has focused on constitutional structures and institutional design. She has used immigration law and related areas as vehicles through which to explore how the allocation of power (through federalism, the separation of powers, and the structure of the bureaucracy) shapes the management and resolution of legal and political conflict. Her work has also examined the effects of immigration on society and culture, as well as the legal and political strategies societies adopt to absorb immigrant populations. Professor Rodríguez joined Yale Law after serving for two years as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice. She earned her B.A. and J.D. degrees from Yale and attended Oxford University as a Rhodes Scholar. Following law school, Professor Rodríguez clerked for Judge David S. Tatel of the U.S. Court of Appeals for the D.C. Circuit and Justice Sandra Day O’Connor of the U.S. Supreme Court.   Listen now to learn more!   To check out, The President and Immigration Law, please click here. To learn more about Professor Rodríguez please visit her bio page here. To learn more about Professor Rodríguez’s co-author, Professor Adam Cox, please visit his bio page here.   Host: Aaron Freiwald Guest: Cristina Rodríguez

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by former bankruptcy Judge and current Northwestern law professor, Bruce A. Markell, to discuss the recent NRA bankruptcy filings and just how extraordinary this story is, as well as bankruptcy law and the bankruptcy system in general.   In today’s conversation, Aaron and Judge (Bruce) Markell breakdown the evolving story on the NRA’s (the National Rifle Association) recent bankruptcy filings and why this story is so exceptional. Judge Markell offers his opinion and explains what, why, and how things may play out for the NRA. Professor Markell and Aaron discuss senior and junior claims, the bankruptcy mechanism, assuming liabilities, shady corporations and business practices, for profit business requirements vs. non-profit requirements, and more. Is the NRA running away from NY? Why? And what will happen next? Aaron and Judge Markell explore these questions and others as they touch on the notions of “bad faith,” malpractice, reorganization, the bankruptcy code, and debate what possible consequences may result from this developing story.   Judge Markell was appointed the Professor of Bankruptcy Law and Practice at Northwestern in 2015. From 2013 to 2015, Professor Markell was the Jeffrey A. Stoops Professor of Law at Florida State University School of Law, and before that he was a United States Bankruptcy Judge for the District of Nevada. Before taking the bench, Judge Markell practice bankruptcy and business law in Los Angeles for ten years (where he was a partner at Sidley & Austin), and was a law professor for fourteen. After graduating from UC Davis with his JD, Professor Markell clerked for then-judge Anthony M. Kennedy on the Court of Appeals for the Ninth Circuit.   Judge Markell is the author of numerous articles on bankruptcy and commercial law, and is a co-author of four law school casebooks. He has been a visiting professor at, among other schools, Peking University School of Law in Beijing, and Harvard Law School. Professor Markell contributes to Collier on Bankruptcy, and is a member of Collier’s editorial advisory board. He is a conferee of the National Bankruptcy Conference, a fellow of the American College of Bankruptcy, a charter member of the International Insolvency Institute, and a member of the American Law Institute. Judge Markell also consults with the International Monetary Fund on insolvency-related issues, and was the primary drafter of Kosovo’s current bankruptcy law. He is an associate editor of the Bankruptcy Law Letter, and regularly contributes articles to that publication.   Listen now!   To learn more about Judge Markell, please visit his bio at Northwestern here.    Host: Aaron Freiwald Guest: Judge Bruce A. Markell     Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Houston attorney, Malcolm E. Whittaker, and Stanford Anthropology Professor, Tanya M. Luhrmann to discuss religious belief systems, human judgment and evaluation, communicating with God, and how all of these notions relate to the criminal trial of the United States v. Brown and one juror’s early dismissal. What does it mean to pray to God in the context of jury deliberations? What does it mean in general to “have a conversation with God”?   In today’s episode, Aaron, Malcolm, and Tanya have a nuanced and highly complex theoretical discussion about the challenges and questions that arose recently in a criminal trial in which a judge dismissed a juror after he was overheard saying that he is communicating with “a higher power.” In the case of United States v. Brown, juror 13 was excused after the judge believed he was not deliberating. Was the judge wrong? Tanya and Malcolm explain why they believe the judge acted too quickly in this decision, not asking all of the right questions before making a ruling; considering that this judgment may be applicable to millions of Americans and their jury responsibility/services, Aaron, Tanya, and Malcolm breakdown whether or not communicating with God is a bias and what exactly this may mean in terms of jury instruction. Throughout today’s conversation, Aaron poses three hypothetical scenarios to Tanya and Malcolm, the three of them try to understand what is meant when someone “hears God,” Professor Luhrmann discusses her fieldwork observations, her research in psychosis and social worlds, as well as how these ideas relate to jury obligations, prayer/praying, and much more.   Dr. Tanya Marie Luhrmann is, in her own words, “an anthropologist studying the mind.” A graduate of both Harvard (B.A.) and the University of Cambridge (M. Phil and Ph.D.), she is the Watkins University Professor in the Stanford Anthropology Department. Professor Luhrmann’s research interests include medical and psychological anthropology, the anthropology of religion, subjectivity, comparative phenomenology, voices and visions, psychosis, spirituality, mixed methods, and public anthropology. She sets out to understand the way people represent thought itself, and the way those culturally varied representations shape the most intimate experience of life itself. Dr. Luhrmann has done ethnography on the streets of Chicago with homeless and psychotic women, worked with people who hear voices in Chennai, Accra and the South Bay. She has also done fieldwork with evangelical Christians who seek to hear God speak back, with Zoroastrians who set out to create a more mystical faith, and with people who practice magic. Professor Luhrmann was elected to the American Academy of Arts and Sciences in 2003 and received a John Guggenheim Fellowship award in 2007.   Malcolm E. Whittaker is primarily a patent attorney in Houston, Texas at the Whittaker Law Firm.   Listen now!   To learn more about Professor Luhrmann, and to view more of her publications, please visit her bio page here. More information is also available on Professor’s Luhrmann’s personal website. To check out Professor Luhrmann’s book, When God talks back: understanding the American evangelical relationship with God, please click here. To review the brief Mr. Whittaker and Professor Luhrmann filed, please click here.   Host: Aaron Freiwald Guests: Malcolm E. Whittaker and Tanya M. Luhrmann     Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by New York attorney Michael Kaplen, to discuss brain injuries, nursing home negligence, and what it is loved ones need to know.   Nursing homes can be dangerous places, more than ever during this time of pandemic. In today’s conversation, Aaron and Michael discuss common issues that arise in nursing homes, including specific  nursing-home injuries to be on the lookout for, standards and accountability, and what ifamilies can do to protect their loved ones. Michael and Aaron discuss the importance of advocating for nursing home residents and monitoring tips, “never events” and proper care. How has Covid affected nursing homes? How can family members navigate the new challenges of today’s pandemic?  Aaron and Michael discuss the rights of individuals in institutional facilities and answer some of the most important questions families need to know.   Michael Kaplen is a senior partner in the New York personal injury law firm, De Caro & Kaplen. His practice focuses on personal injury and medical malpractice with an emphasis on representing individuals who have sustained a traumatic or acquired brain injury and other catastrophic injuries. Mr. Kaplen is a Lecturer in Law at The George Washington University Law School, where he teaches the only course in the nation devoted to traumatic brain injury law. He is board certified as a Civil Trial Advocate by the National Board of Trial Advocacy and is board certified in Medical Malpractice, and a member of the board of governors of the American Board of Professional Liability Attorneys.   Michael has served as president of the Brain Injury Association of New York State, the leading not-for-profit New York State brain injury advocacy dedicated to brain injury education, advocacy, and prevention. Besides his teaching responsibilities at G.W., Mr. Kaplen has taught courses in trial practice and medical malpractice at St. John’s University School of Law and is Clinical Professor of Psychology in the Graduate School of Psychology at Touro College.   Listen now!   To learn more about Mr. Kaplen, please visit his firm’s website here.   Host: Aaron Freiwald Guest: Michael V. Kaplen   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

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 center stage to provide a deeper look into the President’s past, his campaign and the current administration.   To purchase Professor Rosenfeld’s book visit: https://www.amazon.com/Democracy-Truth-History-Sophia-Rosenfeld/dp/0812250842   Host: Aaron Freiwald Guest: Sophia Rosenfeld

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Philip M. Napoli, of Duke University’s Sanford School of Public Policy, to discuss new age media, social media regulation and content filtering, the history of social media, and the First Amendment.   In today’s conversation, Aaron and Phil talk about the relationship between the media and democracy, the “Trump years” and our former President’s unprecedented use of social media platforms, disinformation and misinformation, journalism, the marketplace of ideas, and much more. Should there be regulations on social media? Why? How? And moreover, who? Phil and Aaron delve into the history of social media, the notion of “big internet,” curation algorithms, Section 230, libel and slander, as well as “cancel culture,” audiences, and individual liberties.   Dr. Napoli is the James R. Shepley Distinguished Professor of Public Policy at Duke’s Sanford School of Public Policy; a Senior Associate Dean for Faculty and Research in the Sanford School of Public Policy; Professor of the International Comparative Studies Program; and an Associate of the Duke Initiative for Science and Society. A graduate of U.C. Berkeley (B.A.), Boston University (M.S.) and Northwestern (Ph.D.), Professor Napoli’s areas of expertise are media and democracy and his research focuses on media institutions, media regulation, and policy. He has provided formal and informal expert testimony on these topics to government bodies, such as the U.S. Senate, the Federal Communications Commission, the Federal Trade Commission, and the Congressional Research Service.   Professor Napoli’s research has received awards from the National Business and Economics Society, the Broadcast Education Association, the International Communication Association, and the National Communication Association. His research has been funded by organizations such as the Ford Foundation, the Geraldine R. Dodge Foundation, and the Center for American Progress. Professor Napoli is a firm believer in engaged scholarship, and has engaged in research consultations and collaborations with a wide range of organizations, including the Federal Communications Commission, the New America Foundation, Free Press, the Minority Media & Telecommunications Council, the Center for Creative Voices in Media, the National Association of Broadcasters, and more. He has been interviewed in media outlets such as the NBC Nightly News, the Huffington Post, the Los Angeles Times, Rolling Stone, Politico, and National Public Radio.   Listen now!   To learn more about Professor Napoli, and to access a full list of his publications, please click here. To check out Professor Napoli’s book, Social Media and the Public Interest: Media Regulation in the Disinformation Age, please click here. To explore Duke’s Science and Society Initiative, please click here. To read the January article from Duke Today, “LESSONS FROM THE U.S. CAPITOL RIOT: Duke faculty discuss domestic terrorism, Trump, disinformation and social media,” please click here.   Host: Aaron Freiwald Guest: Philip M. Napoli   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Henry T. (Hank) Greely, of Stanford Law School, to discuss gene editing, the bioethics involved in gene manipulation, the legal considerations of developing new biotechnologies, CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats), the line between good and bad, and quite literally, the future of humanity.     What does the birth of babies whose embryos have gone through genome editing mean—for science and for all of us? Professor Hank Greely explores this question and more in his new book, CRISPR People: The Science and Ethics of Editing Humans. Hank’s new book comes out February 16th and today he and Aaron discuss CRISPR capabilities, the potential “butterfly affect” editing genes may have, and what the ethical concerns are surrounding gene manipulation. In his upcoming book, Professor Greely tells the fascinating story of He Jiankui’s 2018 human experiment and its consequences; he explains what He Jiankui did, how he did it, and how the public and other scientists learned about and reacted to this unprecedented genetic intervention. Today, Hank talks about this further, and the conversation revolves around He Jiankui’s 2018 experiment, today’s COVID vaccines, DNA, RNA, and MRNA. Hank explains how he feels about “slippery slopes” and expresses his opinions and predictions about what will happen with this new technology. Are we playing God?   A graduate of both Stanford University and Yale Law School, Hank Greely is the Dean F. and Kate Edelman Johnson Professor of Law; Director of the Center for Law and the Biosciences; Professor, by courtesy, of Genetics, Chair of the Steering Committee of the Center for Biomedical Ethics; and the Director of the Stanford Program in Neuroscience and Society. Professor Greely specializes in the ethical, legal, and social implications of new biomedical technologies, particularly those related to genetics, assisted reproduction, neuroscience, or stem cell research. He is a founder and immediate past president of the International Neuroethics Society; a member of the Multi-Council Working Group of the NIH’s BRAIN Initiative, whose Neuroethics Working Group he co-chairs; chair of the Ethical, Legal, and Social Issues Committee of the Earth BioGenome Project; and chair of California’s Human Stem Cell Research Advisory Committee.   Before joining the Stanford Law School faculty, Professor Greely was a partner at Tuttle & Taylor, served as a staff assistant to the secretary of the U.S. Department of Energy, and as special assistant to the general counsel of the U.S. Department of Defense. He served as a law clerk to Justice Potter Stewart of the U.S. Supreme Court and to Judge John Minor Wisdom of the Court of Appeals for the Fifth Circuit.   Listen now!   To learn more about Professor Greely, please click here. To check out Professor Greely’s 2016 publication, The End of Sex and the Future of Human Reproduction, please click here. To order Professor Greely’s brand-new book, CRISPR People: The Science and Ethics of Editing Humans, please click here. There are more ordering options available here. *Note: Professor Greely’s new book will be released on Feb. 16th   Host: Aaron Freiwald Guest: Henry T. (Hank) Greely   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Ilya Somin, of the George Mason University Antonin Scalia Law School, to discuss immigration and the expansive changes proposed by the new Biden Administration. What is included in Biden’s new agenda? How will it affect immigration? What are the major initiatives? What about DACA?   As we post today’s episode, President Joe Biden has only been in the White House for a little more than a week and has already announced an expansive, pro-immigration agenda aimed at not only dismantling the previous administration’s harsh restrictions but also, as Professor Somin explains, to significantly move the political conversation forward. Today Aaron and Ilya are talking about what Biden’s plans seem to be, what they mean for the future, and delve into what some of the key provisions are, touching on governance, executive orders and actions, open borders, and more. What are the pathways to citizenship now and what is likely to change? What is Congress’ role? What is likely to be enacted? Ilya and Aaron discuss illegal immigration and legal immigration, raising the refugee limit, the backlog of immigration courts, and more.   Ilya Somin is a Professor of Law at George Mason; his research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. The author of several publications, Professor Somin’s most recent book, Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, 2020), explores how broadening opportunities for foot voting can greatly enhance political liberty for millions of people around the world. Ilya’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Professor Somin has also published articles in a variety of popular press outlets, including the Washington Post, Wall Street Journal, Law Angeles Times, CNN, The Atlantic, USA Today, among others. He has been quoted or interviewed by several news channels and his writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel.   Professor Somin has served as a visiting professor at the University of Pennsylvania Law School as well as a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, and Zhengzhou University in China. Before joining the faculty at George Mason, Professor Somin was the John M. Olin Fellow in Law at Northwestern University Law School and clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Ilya earned his BA at Amherst College, MA in Political Science from Harvard University and his JD from Yale Law.   Listen now!   To learn more about Professor Ilya Somin, and to access a full list of his publications, please click here. To check out Professor Somin’s most recent book, Free to Move: Foot Voting, Migration, and Political Freedom, please click here.   Host: Aaron Freiwald Guest: Ilya Somin       Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com