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.

 

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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

 

 

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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.

 

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To learn more about Mr. Kaplen, please visit his firm’s website here.

 

Host: Aaron Freiwald

Guest: Michael V. Kaplen

 

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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.

 

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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:

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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.

 

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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

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