Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Brian Fitzpatrick, a law professor at Vanderbilt University and self-proclaimed “life-long Republican”, to discuss class action lawsuits, and specifically, Brian’s recent book on the subject, The Conservative Case for Class Actions.

 

In his new book, Brian makes the case for class action litigation a conservative’s view point. Arguing that conservatives, and even libertarians, believe that markets need at least some policing to thrive, from laws that enforce contracts, to laws that prevent companies from committing fraud, to laws that prohibit price fixing. Aaron and Brian break down what a class-action is, what the requirements are, and just how important they are to protect consumers from corporate wrongdoing.

 

Brian illustrates the different types of conservatives he sees and explains that there are only two ways of policing the marketplace: 1) private lawsuits filed by private citizens and their lawyers or 2) more government regulation. He argues that, for the same reasons conservatives prefer other private sector solutions to problems, they should prefer private enforcement of the law as well. Acknowledging that the class action is not perfect, Brian shows, in his book and in today’s episode, that our system is working better than one might expect given all the widespread misunderstanding and misinformation about class action lawsuits.  He also suggests a few tweaks that he hopes will persuade opponents to keep the class action around for the next generation of consumers, employees, and shareholders alike.

 

Brian Fitzpatrick’s research at Vanderbilt focuses on class action litigation, federal courts, judicial selection and constitutional law. A graduate of Harvard Law, Brian went on to clerk for Judge Diarmuid O’Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for the Supreme Court Nominations to U.S. Senator John Cornyn. He joined Vandberbilt’s law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law and has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure course.  

 

 

To learn more about Professor Brian Fitzpatrick, please visit his bio page at Vanderbilt here.

To check out Professor Fitzpatrick’s book, “The Conservative Case for Class Actions,” please click here.

 

 

Host: Aaron Freiwald

Guest: Brian Fitzpatrick

 

 

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Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Philip Gregory, of the Gregory Law Group, to discuss Juliana v. United States and his participation as co-lead counsel in the matter. In today’s bonus episode, Aaron and Philip are talking about what has been dubbed the “biggest lawsuit on the planet,” the case in which 21 young people are seeking to sue the federal government over climate change – and a topic that we covered on this program in episode 70 with Kelsey Juliana herself.

 

Last Friday, January 17th, a three-judge panel in the U.S. Ninth Circuit Court of Appeals ruled 2-1 to dismiss the case. Philip and Aaron talk about this decision, what it means moving forward, and more. Discussing the Court’s findings, Aaron and Philip talk about due process under the U.S. Constitution, issues of remedy and resolution, the government’s duties to its citizens, as well as what the next steps are.  Listen in and enjoy this mini episode on climate change and how it impacts us all.

 

 

To learn more about “Youth v. Gov.,” please click here.

 

To listen to Episode 70, “Is this the biggest lawsuit on the planet? W/ Kelsey Juliana & Julia Olson,” please click here.

 

To read the U.S. Ninth Circuit Court of Appeals opinion, please click here.

 

 

Host: Aaron Freiwald

Guest: Philip Gregory

 

 

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Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Timothy Zick, of William and Mary Law School, to discuss his recent book, The First Amendment in the Trump Era. Aaron and Tim are talking about Democracy, our Constitution, the Press, and the law of the First Amendment – what it is and what it isn’t.

 

Are facts still facts? Can we find truth in today’s world?

Tim and Aaron address these concerns as they talk about the President’s dramatic, and unique, relationship with the press and his continuous attacks on the media. More than any other modern president, Trump has openly challenged fundamental First Amendment norms and principles relating to free speech and free press. Aaron and Tim break this down throughout the episode and Tim explains that this was one of his main motivations for writing the book. The two discuss Trump’s ability to control the news cycle, Nixon’s “Enemy List,” the pentagon papers, whistleblower protections, and delve deep into various other controversies, the “Twitter case,” alternative facts, as well as whether or not Trump is undermining the press and creating dangerous normalizations.

 

The First Amendment in the Trump Era catalogs and analyzes the various First Amendment conflicts that have occurred during the Trump presidency. It places these conflicts in historical context – as part of our current digitized and polarized era but also as part of a broader narrative concerning attacks on free speech and press. Tim argues that we must understand what is familiar about Trump’s presidency in terms of the First Amendment but also what is distinctive.  

 

A graduate of Georgetown Law, Tim specializes in Constitutional Law, the 14th Amendment, the First Amendment and Federalism, with teaching interests in the First Amendment, Law and Religion, Constitutional Law, and Constitutional Theory. Following law school, Professor Zick was an associate with the law firms of Williams and Connolly in Washington, D.C., where he assisted in the defense of congressional term limits in the Supreme Court of the United States, and Foley Hoag in Boston. He served as a law clerk to the Honorable Levin H. Campbell of the United States Court of Appeals for the First Circuit and as a Trial Attorney in the Federal Programs Branch of the United States Department of Justice. While at the D.O.J., Professor Zick defended the constitutionality and legality of a variety of federal programs and statutes.

 

Professor Zick has been a frequent commentator in local, national, and international media regarding public protests and other First Amendment concerns. He testified before Congress on the Occupy Wall Street protests and rights of free speech, assembly, and petition and has been the recipient of the Plumeri Award for Faculty Excellence in 2011, 2013 and 2017.

 

To learn more about Professor Timothy Zick, please visit his bio page here.

To check out his book, The First Amendment in the Trump Era, please click here.

 

 

Host: Aaron Freiwald

Guest: Timothy Zick

 

 

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Children in uniform?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Mark A. Drumbl, a Professor of Law at Washington and Lee University and the co-author of a recently published research handbook on child soldiering, to discuss the international problem of children associated with armed groups and/or forces.

 

An expert in international criminal law, Mark has spent the majority of his career contemplating the complexities surrounding this issue. In his recent works, he hopes to help people reconsider their perspectives of child soldiers – arguing the inherently nuanced nature of today’s topic and the importance of changing our mindset to better appreciate its many challenges and wide-ranging implications. Mark believes that child soldiers remain poorly understood and inadequately protected, despite the considerable media and policy attention they have received. His Research Handbook addresses the troubling gap he and other scholars, professionals and activists see. 

 

How do we begin to think, and talk, about child soldering? Who are these young people? How does our global community regard young people and children? Aaron and Mark delve into these and other questions. They discuss the current recruitment practices of some of the world’s most powerful militaries, including Germany, the U.K., and the United States, as well as the Rwandan Genocide, the G.I.s of World Wars I and II, juvenile rights, categorical understandings of age and more. Mark’s book is a comprehensive showcase of diverse experiences and unique perspectives, unpacking the life-cycle of youth and militarization. Aaron and Mark talk about these concepts and further explore the prevailing assumptions and conceptions of child soldiers, while considering how these ideas can be applied to a broader conversation about young people, volunteerism, individual motivation, and agency.

 

Mark Drumbl is the Class of 1975 Alumni Professor at Washington and Lee University, School of Law, where he also serves as Director of the University’s Transnational Law Institute. His research and teaching interests include public international law, global environmental governance, international criminal law, post-conflict justice, and transnational legal process. Professor Drumbl has held visiting appointments and has taught intensive courses at law schools world-wide, including Oxford University (University College), Université de Paris II (Panthéon-Assas), Free University of Amsterdam, University of Ottawa, Masaryk University, Trinity College-Dublin, University of Western Ontario, University of Melbourne, Monash University, Vanderbilt University, University of Sydney, and the University of Illinois.

 

To check out the Research Handbook on Child Soldiers that Mark helped co-edit, please click here.

For more information on Professor Drumbl, please visit his bio page here.

 

 

Host: Aaron Freiwald

Guest:  Mark A. Drumbl

 

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Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Robert Glicksman, a Professor at the George Washington University Law School, and Alejandro Camacho, a Professor at the University of California, Irvine School of Law, to discuss governmental policy, authority and the dimensions of government, as well as their co-authored book on these subjects, Reorganizing Government: A Functional and Dimensional Framework.

 

In today’s episode, Aaron, Rob, and Alex talk about how the government works… and moreover, how it doesn’t. What are the ways in which the government works well? And, what are the areas that need improvement? Today’s conversation focuses on how the government could work more effectively and more efficiently. Rob, Alex, and Aaron talk about the structures of government, the day to day tasks, the complexities that need to be considered when discussing reorganization, and more. Throughout, the three talk about regulations, the power of administrative agencies, policy making, the branches of government, as well as the ideas of centralization and decentralization. How should we allocate power to the various agencies in the government? What are the different components of authority? And what are the roles of these agencies?

 

Alex and Rob assert that regulation is frequently less successful than it could be, arguing that there are often misunderstandings due to the allocation of authority to regulatory institutions and the relationships between them. “Reorganizing Government” explains how past approaches have failed to appreciate the full diversity of alternative approaches to organizing governmental authority. In the book, Rob and Alex illustrate the often neglected dimensional and functional aspects of inter-jurisdictional relations through in-depth explorations of several diverse case studies involving securities and banking regulation, food safety, pollution control, resource conservation, and terrorism prevention. In today’s conversation, Aaron asks Alex and Rob to discuss and expand on these ideas and more.

 

Robert Glicksman is a nationally and internationally recognized expert on environmental, natural resources and administrative law issues. A graduate of the Cornell Law School, his areas of expertise include environmental, natural resources, administrative, and property law. Before joining the GW law school faculty in 2009, Professor Glicksman taught at the University of Kansas School of Law where he was the Robert W. Wagstaff Distinguished Professor of Law. Professor Glicksman has practiced with law firms in D.C. and New Jersey, focusing on environmental, energy, and administrative law. He has consulted on various environmental and natural resources law issues, including work for the Secretariat of the Commission for Environmental Cooperation in Montreal, Canada. Professor Glicksman has been a member scholar for the Center for Progressive Reform since 2002 and a member of the Center’s Board of Directors since 2008.

 

Professor Camacho has a joint appointment at UC Irvine in both Law and Political Science. His scholarship explores the goals, structures, and processes of regulation, with a particular focus on natural resources and public lands law, pollution control law, and land use regulation. His writing considers the role of public participation and scientific expertise in regulation, the allocation of authority and relationships between regulatory institutions, and how the design and goals of legal institutions must and can be reshaped to more effectively account for emerging technologies and the dynamic character of natural and human systems. Professor Camacho’s legal scholarship includes articles published or forthcoming in the Yale Journal on Regulation, Washington University Law Review, Vanderbilt Law Review, UCLA Law Review, Stanford Environmental Law Journal, North Carolina Law Review, Harvard Journal on Legislation, Emory Law Journal, Colorado Law, Review, Columbia Journal of Environmental Law, and BYU Law Review.

 

 

 

To learn more about Professor Glicksman, please visit his bio page here

To learn more about Professor Camacho, please visit his bio page here.

To check out the book, Reorganizing Government: A Functional and Dimensional Framework, please visit the NYU Press website here.

 

 

Host: Aaron Freiwald

Guests: Robert Glicksman and Alejandro Camacho

 

 

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