Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Tracey Diamond, who is Of Counsel at the law firm Pepper Hamilton in Philadelphia.

 

Tracey practices employment discrimination law at Pepper Hamilton and also provides human resources counseling to businesses. She also regularly counsels clients on workplace issues like sexual harassment. Because of her experience we thought she would be the perfect person to bring on to discuss the #MeToo movement.

 

Because sexual harassment is the core problem the #MeToo movement is addressing, Aaron and Tracey start the episode by defining what sexual harassment is. Tracey explains that sexual harassment is a form of discrimination that is addressed under Title VII of the Civil Rights Act. Title VII divides sexual harassment into two categories, Quid Pro Quo which is when an employee is forced to do something or face a consequence: “do this or you’re fired” or “do this and you get a promotion.” Second, is a hostile work environment which means events have transpired and the employee doesn’t feel comfortable in the work environment anymore.

 

Tracey explains throughout the episode what steps employers can take to reduce the risk of these issues occurring and what steps employees can take if they face sexual harassment in the workplace.

 

To learn more about the #MeToo movement visit their website: https://metoomvmt.org/

To learn more about the Time’s Up Legal Defense Fund visit their website: https://www.timesupnow.com/

To contact Tracey directly you can email her at: diamondt@pepperlaw.com

 

Join Aaron Freiwald and Tracey Diamond to learn more about the law behind the #MeToo movement and what we can do to put an end to this problem.

 

Remember to tune in every Friday for new episodes of Good Law | Bad Law!

 

Host: Aaron Freiwald

Guest: Tracey Diamond

 

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Instagram: @GoodLawBadLaw

Website: https://www.GoodLawBadLawPodcast.com

 

00:0000:00

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Paul Robinson, a Law Professor at the University of Pennsylvania and the author of the new book “Shadow Vigilantes: How distrust in the justice system breeds a new kind of lawlessness.” Paul is here today to talk about vigilantism and its impact on society.

 

Aaron and Paul start the episode by briefly explaining our criminal justice system; how the state or government takes on the role of plaintiff in criminal cases on behalf of the people. This responsibility makes it so citizens don’t have to be their own police force, it provides a sense of order.

 

When the government fails to provide justice to its citizens, or when citizens don’t believe justice has been served, they may turn to a form of vigilantism. It’s this act, the act of people taking the law into their own hands, that Paul’s book examines.

 

Paul explains two types of vigilantism. Classic vigilantism generally involves a group of people that has been ignored by society and they have to protect themselves. This can be seen during the Civil Rights Movement, where African American citizens were being targeted by the police and treated unfairly; and in the Gay Rights Movement when LGBT individuals were being targeted by the police without cause. In these two scenarios, these groups had to protect themselves from the government that was supposed to be there to protect them.

 

The second type of vigilantism is shadow vigilantism or community vigilantism. This is the type of vigilantism that can cause problems in our society because its root cause is less obvious. Rather than a group of people taking action to protect themselves, this involves individuals taking action, taking the law into their own hands due to a perceived injustice.

 

Join Aaron Freiwald and Paul Robinson for this great conversation about vigilantism. To learn more about vigilantism, read Paul’s book, “Shadow Vigilantes: How distrust in the justice system breeds a new kind of lawlessness.”

 

Paul’s book: https://www.amazon.com/Shadow-Vigilantes-Distrust-Justice-Lawlessness-ebook/dp/B0738KG5QM

 

Remember to tune in every Friday for new episodes of Good Law | Bad Law!

 

Host: Aaron Freiwald

Guest: Paul Robinson

 

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Instagram: @GoodLawBadLaw

Website: https://www.GoodLawBadLawPodcast.com

00:0000:00

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

00:0000:00

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

00:0000:00

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

00:0000:00

Load more