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 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. Unfortunately, Ms. Stica lived in pain for another 6 months before finally passing away at a nursing home.   The case that Tim has brought forward on behalf of Ms. Stica is one of the first cases where wrongful prolongation of life has been claimed and if successful, it will have a huge impact in our legal system for years to come.   To learn more about the cases mentioned in the episode click the links below: Stica case: https://www.law.com/njlawjournal/sites/njlawjournal/2017/10/13/nj-judge-recognizes-cause-of-action-for-wrongful-prolongation-of-life/?back=law Berman Case: https://law.justia.com/cases/new-jersey/supreme-court/1979/80-n-j-421-0.html   Join Aaron Freiwald and Tim Barnes from the Porzio firm as they discuss wrongful prolongation of life.   Remember to tune in every Friday for new episodes of Good Law | Bad Law!   Host: Aaron Freiwald Guest: Tim Barnes   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Instagram: @GoodLawBadLaw Website: https://www.GoodLawBadLawPodcast.com

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 Freiwald and Jim Beasley Jr. from The Beasley Firm here in Philadelphia as they discuss libel laws.   Remember to tune in every Friday for new episodes of Good Law | Bad Law!   Host: Aaron Freiwald Guest: Jim Beasley Jr.   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Instagram: @GoodLawBadLaw Website: https://www.GoodLawBadLawPodcast.com

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 decisions temporarily, the 25th Amendment was used to transfer power to the Vice President for a short period of time.   Join Aaron Freiwald and Richard Painter for this bonus episode of Good Law | Bad Law as they discuss the 25th Amendment and President Donald Trump.   Remember to tune in every Friday for new episodes of Good Law | Bad Law!   Host: Aaron Freiwald Guest: Richard Painter   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Instagram: @GoodLawBadLaw Website: https://www.GoodLawBadLawPodcast.com

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 are punished harder than other similar crimes. For example, possession of “crack” is punished 10 times harder than someone being charged with possession of cocaine because crack is seen as a “black drug”.   Along with racial biases and racial disparities in our legal system, we also see a system that works against those in a lower socio-economic class. Our system requires people to pay bail to get themselves out of jail during the time between arrest and trial.   Those individuals in a lower socio-economic class are less likely to be able to afford the bail and are forced to spend time in jail, even if they’ve committed no crime. Because of this, they become more affected because they lose their jobs, are unable to pay their bills and support their families, and have to explain, when they do get out, why they have been out of work for an extended period of time.   This is a fascinating episode with an incredibly knowledgeable individual. Join Aaron Freiwald and David Rudovsky for a great discussion about racial disparities in our legal system.   Remember to tune in every Friday for new episodes of Good Law | Bad Law!   Host: Aaron Freiwald Guest: David Rudovsky   Follow Good Law | Bad Law: Youtube: Good Law | Bad Law Instagram: @goodlawbadlaw Website: https://www.GoodLawBadLawPodcast.com

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 burden, they try to avoid it however they can, once they get selected to serve on a jury, they take that responsibility very seriously. It’s one of the things that makes our legal system so great and people do understand that.   Join Aaron Freiwald and Judge Bernstein for a in incredibly fascinating and enlightening conversation about our legal system.   Remember to tune in every Friday for new episodes of Good Law | Bad Law!   Host: Aaron Freiwald Guest: Judge Mark Bernstein   Follow Good Law | Bad Law: Youtube: Good Law | Bad Law Instagram: @goodlawbadlaw Website: https://www.GoodLawBadLawPodcast.com

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 they are living the “high life” while they are out of work, and that they are milking the system because they really can work.   Aaron and Tom also discuss the impact of the Affordable Care Act on disability claim cases and what would happen if efforts to repeal Obamacare are successful.   Join Aaron Freiwald and Thomas Giordano for a great discussion about SSDI and what it means to everyone in our country.   Remember to tune in every Friday for new episodes of Good Law | Bad Law!   Host: Aaron Freiwald Guest: Thomas Giordano   Follow Good Law | Bad Law: Youtube: Good Law | Bad Law Instagram: @goodlawbadlaw Website: https://www.GoodLawBadLawPodcast.com

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-findings-on-Penn-State-fraternities-hazing-and-alcohol#from_embed   As always, let us know what you think!     Intro Music: 5 Cents Back by Audionautix is licensed under a Creative Commons Attribution license (https://creativecommons.org/licenses/by/4.0/) Artist: http://audionautix.com/

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 legal work and why it’s so important for the legal community.   Remember to tune in every Friday for new episodes of Good Law | Bad Law!   Host: Aaron Freiwald Guest: Joseph Sullivan   Follow Good Law | Bad Law: Youtube: Good Law | Bad Law Instagram: @goodlawbadlaw Website: https://www.GoodLawBadLawPodcast.com

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 they need.   Finally, Deborah talks about her lobbying efforts in Harrisburg and how she has been working to reform hate crime laws in Pennsylvania. She explains PA’s hate crime statute is one of only 5 in the country that does not extend protection to cover individuals with disabilities, sexual identity, or gender identity. Her lobbying efforts have been spent trying to get an amendment to the hate crime statute out of committee and onto the floor so it can be voted on.   Join Aaron Freiwald and Deborah Gross for a great discussion about the Philadelphia Bar Association. And, to learn more about Deborah and the Philadelphia Bar Association visit www.philabar.org    Remember to tune in every Friday for new episodes of Good Law | Bad Law!   Host: Aaron Freiwald Guest: Deborah Gross   Follow Freiwald Law: Twitter: @FreiwaldLaw Facebook: @FreiwaldLaw Youtube: Good Law | Bad Law Instagram: @goodlawbadlaw Website: http://www.freiwaldlaw.com

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, made her come on long trips out of town and would make advances towards her. After telling another Partner at the firm what was happening and how it made her feel, he said he would look into it.   Months went by with no changes, the Sr. Partner continued his advances, continued to grope her, and continued drinking to excess. Finally, sometime later, the Sr. Partner was fired, not for his actions towards the women in the office, but because of his drinking.   It was an incredibly moving episode that provides a first-hand account of what the women who have come forward are really going through. Join us for this conversation and to learn more about Susan and her campaign you can visit her website https://wildforcongress.com/home/.   Remember to tune in every Friday for new episodes of Good Law | Bad Law!   Host: Aaron Freiwald Guest: Susan Wild   Follow Freiwald Law: Twitter: @FreiwaldLaw Facebook: @FreiwaldLaw Youtube: Good Law | Bad Law Instagram: @goodlawbadlaw Website: http://www.freiwaldlaw.com

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 Wake Forest University, Dr. Parks is on the board of an organization called Hazingprevention.org which aims to put an end to hazing and hazing culture in college fraternities and sororities. You can learn more about HazingPrevention.org and their mission by visiting their website.   To learn more about Dr. Parks you can visit his website http://gregoryparks.net/.   Remember to tune in every Friday for new episodes of Good Law | Bad Law!   Host: Aaron Freiwald Guest: Dr. Gregory Parks   Follow Freiwald Law: Twitter: @FreiwaldLaw Facebook: @FreiwaldLaw Youtube: Good Law | Bad Law Instagram: @goodlawbadlaw Website: http://www.freiwaldlaw.com

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 public started to see the way the LGBTQ community was treated, people came out in support of those in the LGBTQ community. Everyone realized they were just people like the rest of us and should be treated that way.   Aaron and Henry also discuss Henry’s non-profit organization, Philadelphia Lawyers for Social Equity, PLSE, which offers expungement services to low income Philadelphians. Henry is a big advocate for criminal rights and is working extremely hard to make an impact in that field.   Join us today as Aaron Freiwald and Henry Sias talk about everything from LGBTQ and Transgender people’s rights to criminal and civil rights reform.   Remember to tune in every Friday for new episodes of Good Law | Bad Law!   Host: Aaron Freiwald Guest: Henry Sias   Follow Freiwald Law: Twitter: @FreiwaldLaw Facebook: @FreiwaldLaw Youtube: Good Law | Bad Law Instagram: @goodlawbadlaw Website: http://www.freiwaldlaw.com

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 how that person impacted her career trajectory.   Join us for this incredibly relevant and fascinating conversation with Judge Sandra Mazer-Moss.   Remember to tune in every Friday for new episodes of Good Law | Bad Law!   Host: Aaron Freiwald Guest: Sandra Mazer-Moss   Follow Freiwald Law: Twitter: @FreiwaldLaw Facebook: @FreiwaldLaw Youtube: Good Law | Bad Law Instagram: @goodlawbadlaw Website: http://www.freiwaldlaw.com

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 before and during WWII. This leads us to the current travel ban that restricts entry from certain, mainly war-torn Muslim countries like Syria. What Ilan explains is, by not allowing these people into our country we are condemning them to certain death. It is no different than not allowing Jews into our country during WWII.   Finally, Ilan tells us how immigration and taking in refugees is not and should not be an economics discussion. It is a human rights and morality discussion. We take people in because that’s how we built this country, that’s why America is what it is.   Remember to tune in every Friday for new episodes of Good Law | Bad Law!   And, thank you everyone who has supported Good Law | Bad Law over the past few months as we continue to grow. We are so proud to hit this milestone of 50 episodes and are thankful that you have joined us on this journey.   Host: Aaron Freiwald Guest: Ilan Rosenberg   Follow Freiwald Law: Twitter: @FreiwaldLaw Facebook: @FreiwaldLaw Youtube: Good Law | Bad Law Instagram: @goodlawbadlaw Website: http://www.freiwaldlaw.com