Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Marci A. Hamilton, a law professor at the University of Pennsylvania and one of the country’s leading experts on child abuse statutes of limitations, to discuss the Catholic Church, specifically in regards to the recently released Grand Jury report on child abuse and sexual assault in the Catholic Church institution in Pennsylvania.  

 

Marci and Aaron sit down to discuss the impact and importance of the Grand Jury’s report as well as the historical significance it holds. The first of its kind the report is the most extensive look at the scope of the issue. Detailed in 886 pages, the report outlines the scale of the problem with over 300 priests named and listing over 1,000 victims. Throughout the episode Marci details her previous experience with child sex abuse cases and the injustices that she has seen as a result of short statutes of limitations, expressing her own opinions on the report and the steps that should be taken next.

 

For 26 years Marci has worked on issues involving religious groups that break the law. In 1997, Marci argued before the United States Supreme Court in the matter Boerne v. Flores, a case addressing whether or not the federal government could pass a law that could set a standard for religious liberty that had never been seen in the U.S. before. An accomplished author, Marci has written several books on the issue as well as a book advocating for the elimination of child sex abuse statutes of limitations. Marci has been an influential critic of extreme religious liberty, advocating for the vulnerable.

 

Join in as Aaron and Marci discuss the recent Grand Jury report on child sex abuse in Pennsylvania, the problems with short statues of limitations in regards to child sex abuse cases and the impact that Tuesday’s Grand Jury report could have on this global epidemic.  

 

Host: Aaron Freiwald

Guest: Marci A. Hamilton  

 

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Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Abe Reich, Partner and Chair Emeritus at Fox Rothschild and a Law Professor at the University of Pennsylvania to talk about legal ethics, specifically, how President Trump’s attorney may have violated various ethical rules that govern all lawyers.

 

Abe is a former Chancellor of the Philadelphia Bar Association and currently teaches a course at Penn Law called “Ethics and Advocacy - From the Boardroom to the Courtroom.” A lawyer for over four decades, Abe has served as an expert witness and has represented lawyers in legal ethics matters, so we thought Abe was the perfect person to come in and discuss Michael Cohen. Most recently, Michael Cohen has been in the news for having recorded conversations with his then client, Donald Trump, and in the past, he allegedly settled a claim with Stormy Daniels without his client’s knowledge.

 

Aaron and Abe discuss what legal ethics are and what they mean for practicing attorneys. Abe explains that every lawyer, judge, and even Supreme Court Justice is bound by rules that set standards for what lawyers can and cannot do. Some of the rules Abe and Aaron discuss include: 1. an attorney cannot settle a case without their client’s consent, 2. they can’t agree to arbitration without a client’s consent, 3. they must act in their client’s best interest, and 4. they cannot help a client commit a crime.

 

To learn more about the ethical standards lawyers have to uphold visit the American Bar website: https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.html

 

Aaron and Abe go on to talk about what happens when a lawyer has been found in violation of these ethical standards and what Michael Cohen could be facing if he is found to have violated these rules of professional conduct. Abe tells us Cohen could be facing anything from fines to suspension, even disbarrment.

 

Join Aaron Freiwald and Abe Reich for this fascinating and enlightening conversation about lawyer ethics and Michael Cohen, President Trump’s personal lawyer.

 

Host: Aaron Freiwald

Guest: Abe Reich

 

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Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Theresa Cardinal Brown, the Director of Immigration and Cross-Border Policy at the Bipartisan Policy Center (BPC) in Washington, D.C.,  to discuss the hotly contested political issue of immigration.

This is the episode you need to hear to really understand the immigration debates that have become so divisive in the last many months and years.

 

BPC is a think tank that was founded 10 years ago by four former Senate Majority leaders (Bob Dole, George Mitchell, Tom Daschle, and Howard Baker) and works to bring Democrats and Republicans together to develop policy answers to some of the most critical and complex questions facing the country. “We are by name and by design bipartisan,” Theresa says.  “Everything we do is aimed at trying to figure out how to get Democrats and Republicans to agree to develop consensus and principal compromises that can be politically valuable.”

 

Theresa has been working in immigration for well over 20 years, working in the administrations of both President George W. Bush and Barack Obama.  A graduate of the University of Delaware, Theresa studied international relations and economics.  Her first job out of college, in 1990, was evaluating foreign educational credentials for immigration attorneys who wanted to help people get visas. From there Theresa worked as a paralegal in the immigration practices of several large D.C. law firms. In the mid-1990s, Theresa worked on immigration policy and advocacy with the American Immigration Lawyers Association.  She then spent five years working at the U.S. Chamber of Commerce as the Director of Immigration and Border Policy.

 

 In 2005 Theresa joined the government, working for the U.S. Customs and Border Protection in the policy Office of the Commissioner.  In 2005 and 2006, she became a member, and eventually director, of the Immigration Legislation Task Force in the Department of Homeland Security (DHS) Office of Policy. After a few years working at the department headquarters for DHS, Theresa left the government in 2011, working briefly as an independent consultant until joining the BPC in 2014.

 

Aaron and Theresa discuss a range of immigration problems, from border to security to separation of families to the complicated question of what to do about the millions of undocumented immigrants already in our country, 60 percent of whom have been in the United States for 20 years or more.  Theresa says that the majority of Americans disapprove of the current immigration system, saying that most of the population believes it is flawed. Throughout the episode Theresa explains what the fundamental issues are regarding immigration and border policy and why this issue is so polarizing. Listen in as Aaron and Theresa talk about how the system works, what is wrong with it and the different solutions and priorities people think may “fix” it.

 

Host: Aaron Freiwald

Guest: Theresa Cardinal Brown

 

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Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Steve Harvey and Yolanda Pagano of the organization “A Call to the Bar: Lawyers for Common Sense on Climate Change.” A non-partisan group, “A Call to the Bar” is a group designed to encourage lawyers around the country to get involved in the issue of climate change in the hopes of finding solutions.  

 

Both Steve and Yolanda have backgrounds somewhat related to the issue of climate change and global warming. Colleagues in law school, Steve and Yolanda explain that climate change is a universal issue that touches almost all aspects of our lives. With a background in science, Steve’s passion for climate change was reignited after he opened his law firm, Steve Harvey Law, LLC. A general litigator in Philadelphia, Steve’s firm specializes in commercial litigation and he approaches “A Call to the Bar” as both a lawyer and a concerned citizen. Yolanda never practiced law after graduation but forged her path in the accounting and economic sector of one of the country’s largest energy companies. From there, Yolanda’s career expanded to include governmental affairs and environmental departments, she is now leading the global sustainability program for Keystone Foods. Throughout the episode, Steve and Yolanda both advance the idea that climate change is a global problem and should be thought of as such… it is something that affects everyone all the time and will for the foreseeable future.

 

Aaron, Steve and Yolanda sit down to discuss the importance of addressing climate change as well as the steps necessary to start making a difference. “A Call to the Bar,” is an organization that is of the belief that lawyers will have a strong, integral role in battling climate change, believing that the solution to climate change must be expressed in law. Listen in as the conversation centers around the power of legislation and how, through law, we can mitigate the problems we are facing and react to the affects we are already beginning to see and will continue to see.

 

Why has nothing substantial happened since the Global Climate Protection Act of 1987? Why, if this is such a concrete, scientific fact, do we see such polarizing partisan lines? Yolanda and Steve address these questions (and others) and offer their solutions, explaining the complexities of the issue and the imperative adaptations that will have to happen in order to transition to a point of acceptance and change.

 

Check out their conversation to learn more about climate change and why the law matters on this issue., as well as “A Call to the Bar;” find out now how they came up with their name and why climate change is not just an environmental challenge but an economic, social, moral and ethical one.

 

Host: Aaron Freiwald

Guest: Steve Harvey, Yolanda Pagano

 

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Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by, Professor Joyce Malcolm, the Patrick Henry Professor of Constitutional Law at the Antonin Scalia School of Law at George Mason University, to discuss Justice Anthony Kennedy’s legacy and impact on the Supreme Court.

 

Joyce is a historian and constitutional scholar who focuses on the development of individual rights in Great Britain and America. She’s written books and articles about gun control, the Second Amendment, and individual rights and her work was cited in the landmark 2008 Supreme Court case, Heller v. D.C., which recognized the Second Amendment’s protection of an individual’s right to bear arms.  With Justice Kennedy’s retirement, we thought it was fitting to look back at his career and the impact he’s had on the country and the Supreme Court.

 

On today’s episode Joyce and Aaron talk about the controversial nomination of Robert Bork, whose confirmation got blocked in the mid-1980s and ultimately lead to Justice Kennedy getting nominated and unanimously confirmed.  Joyce also talks about the role Justice Kennedy has played as the Court’s “swing vote.”

 

During Justice Kennedy’s 30-year career on the Supreme Court, he’s had the opportunity to rule on some of the Supreme Court’s most ground-breaking and influential cases, laying the ground work for LGBT rights, women’s rights, and Second Amendment rights. You can find Justice Kennedy’s opinions on some of those cases linked below.

 

Lawrence v. Texas

Heller v. District of Columbia

Planned Parenthood v. Casey

Citizens United v. Federal Election Commission

Boy Scouts of America v. Dale

Obergefell v. Hodges

 

Finally, Joyce shares her assessment of where the Supreme Court is headed over the next few years. She talks about some of the cases she sees coming up through the system and what issues the Supreme Court is likely to take on with the potential confirmation of Brett Kavanaugh to fill Justice Kennedy’s seat.

 

Click here to learn more about Professor Malcolm.

 

Host: Aaron Freiwald

Guest: Joyce Malcolm

 

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