How do national security concerns change our rights?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Richard Abel, from the UCLA Law school to talk about the war on terror has played on our country since its beginning in 2001.

 

Throughout our country’s history there have been times when the rights of the individual have been set aside due to a perceived threat to the country’s safety. One of the more notable examples in recent memory is when George Bush authorized the creation of Guantanamo Bay, a detention facility designed to imprison and interrogate the most dangerous criminals and terrorists. A report in 2013 concluded that health professionals working with the military and intelligence services “designed and participated in cruel, inhumane and degrading treatment and torture of detainees.”

 

Another example is the formation of Japanese internment camps after the attacks on Pearl Harbor in 1941. Both examples show complete disregard for the constitution and the rights it grants to all individuals. Richard and Aaron talk about these events and how the US government can do this to its citizens.

 

Join us today to learn more about how our laws and rights are protected, or not protected, during times of war and national crisis.

 

To purchase Richard’s book “Laws Trials” go to https://www.cambridge.org/us/academic/subjects/law/socio-legal-studies/laws-trials-performance-legal-institutions-us-war-terror?format=HB

 

Host: Aaron Freiwald

Guest: Richard Abel

 

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Why do we even need a Special Prosecutor?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Professor Andrew Coan, from the University of Arizona to talk about the history and importance of the Special Prosecutor.

 

Over the past two years many of us have become familiar with the concept of a Special Prosecutor thanks to Robert Mueller’s investigation into Donald Trump’s presidential campaign and Russia connections. But what isn’t obvious is, why we need a special prosecutor in the first place? Andrew just released a book called “Prosecuting the President” that talks about the role of the Special Prosecutor and the various times a Special Prosecutor has been appointed since the role was first created under President Ulysses S. Grant.

 

Join us today to learn more about the role of the Special Prosecutor, the powers he possesses, and how they’ve been utilized throughout history.

 

To purchase Andrew’s book “Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law” go to: https://www.amazon.com/Prosecuting-President-Prosecutors-Presidents-Accountable/dp/0190943866/ref=sr_1_1?ie=UTF8&qid=1547246011&sr=8-1&keywords=prosecuting+the+president

 

Host: Aaron Freiwald

Guest: Andrew Coan

 

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Should gun makers be held accountable for shootings?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Dan Feldman, from the John Jay College of Criminal Justice, to discuss gun maker immunity.

 

Last year, the United States saw over 35,000 gun deaths, over 85,000 gun related injuries, and not a single case brought against the makers of these weapons -- thanks to the “Protection of Lawful Commerce in Arms Act”, a 2005 law that grants near total immunity to firearm manufacturers.  Amazingly, no other industry in our country enjoys the broad federal protection. On today’s episode, Professor Feldman, who is intimately familiar with this issue from his many years in the New York State Legislature and the New York State Attorney General’s office, explains the history of the PLCAA, what exactly it protects the firearm manufacturers from and what they can still be held liable for, and why he believes we must press Congress to reconsider this law.

 

To learn more about the PLCAA we’ve provided some resources below:

The Protection of Lawful Commerce in Arms Act: An Overview of Limiting Tort Liability of Gun Manufacturers  - https://fas.org/sgp/crs/misc/R42871.pdf

Wikipedia - https://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act

Brady Campaign - http://www.bradycampaign.org/the-protection-of-lawful-commerce-in-arms-act-plcaa

Cornell Law School - https://www.law.cornell.edu/uscode/text/15/chapter-105

 

You can learn more about Dan, by visiting his bio at: https://www.jjay.cuny.edu/faculty/daniel-l-feldman.

 

Host: Aaron Freiwald

Guest: Dan Feldman

 

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What are the moral implications of a broken prison system?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Jonathan Jacobs, the Chair of the Department of Philosophy at John Jay College of Criminal Justice in New York, to talk about the prison systems in America.

On today’s episode Aaron and Jonathan closely examine the impact the prison system has on people in our society and how we, as a society, view people who have been to prison. As
Jonathan explains, prison is intended to be punishment; one is sent to prison as punishment for a crime. But more and more we expect prison not only to be a punishment in and of itself, but also a place where inmates are actually punished, through deprivation, through poor conditions, through lack of opportunity. In addition, society inflicts further punishment even long after an individual’s release from prison, by making it difficult for a person to find employment, denying ex-cons the right to vote, and so on.

As Dr. Phil might say, “How is this working for us?” Or, as Jonathan asks, as a matter of moral and ethical responsibility, are we how well does our practice meet our goals for those who undergo punishment for crimes in our country?

This is a fascinating discussion about the moral and philosophical implications of a prison
system that is being eroded by the same democracy that created it. To learn more about
Jonathan and his work visit http://www.jjay.cuny.edu/faculty/jonathan-jacobs.

Host: Aaron Freiwald
Guest: Jonathan Jacobs

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How can private industry make the quickest impact on climate change?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Michael Vandenbergh and Jonathan Gilligan from Vanderbilt University to talk about the future of climate change.

 

Sometimes, the law cannot solve a problem or, when it comes to climate change, arguably the biggest problem our country faces.  Michael, an environmental lawyer, and Jonathan, a climate scientist, join the show today to talk about a book they recently co-authored called, Beyond Politics: The Private Governance Response to Climate Change. In their book, they argue that the private sector, not the government, provides the biggest potential for making a significant difference in climate change in the short term. Michael and Jonathan discuss the background of the climate crisis we face and why, they argue, we cannot afford to wait for the federal government to take action to address the crisis.  Fortunately, some major American businesses are already making significant progress in reducing their carbon footprint to help limit the effects of climate change.

 

To learn more about their book visit https://www.beyondpoliticsbook.com/.

 

Host: Aaron Freiwald

Guest: Michael Vandenbergh & Jonathan Gilligan

 

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