It’s ok to discriminate? Well…. Not exactly. Well…..Maybe.

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Elizabeth Weeks, co-author of a new book called “Healthism: Health-Status Discrimination and the Law” and Professor of Law at the University of Georgia. Professor Weeks joins the show today to talk about healthism, discriminating on the basis of health status.

Aaron and Elizabeth discuss what healthism means, what it looks like in practice, and, most importantly, when companies can and cannot discriminate based on a person’s health-status.

If a person smokes at home, should they be penalized at work? What if the employer provides that employee health insurance? How about if someone is overweight? These are just some of the questions Elizabeth addresses in today’s episode and in her new book. Professor Weeks explains the differences between acceptable and unacceptable healthism practices and takes us through several examples of each. It’s a conversation that really makes you question your stance on discrimination.

Tell us, do you agree with Professor Weeks? Are there times employers or companies should be allowed to discriminate based on a person’s health status?

To purchase Professor Weeks’s book visit: https://www.amazon.com/Healthism-Health Status-Discrimination-Jessica-Roberts/dp/1107160383

Host: Aaron Freiwald
Guest: Elizabeth Weeks

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Do corporations have rights?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Adam Winkler, a UCLA law professor and author of the new book “We The Corporations.” Aaron and Adam discuss the constitutional rights of corporations in America.

 

Wait, the what? The First Amendment is often thought of as protection for citizens; it guarantees freedom of religion, speech and freedom of speech. We don’t often think about those rights being extended to corporations. The same is true for many of the rights guaranteed by the Constitution.

 

Of course, that is exactly what happened in 2010 when the Supreme Court decided the controversial Citizens United case, allowing corporations to donate vast sums to political campaigns because, the Court found, corporations have speech rights.  As Adam explains, this case has a very long history.  Indeed, the Supreme Court has been protecting the rights of corporations for longer than the rights of many individual Americans.  Citizens United, Masterpiece Cakeshop and Hobby Lobby, are just a few cases that have passed through our court system addressing the issue of corporate rights.

 

To learn more about these cases visit the links below:

Hobby Lobby Case: http://hobbylobbycase.com/

Citizens United: https://www.law.cornell.edu/supct/html/08-205.ZS.html

Masterpiece Cakeshop Case: https://www.scotusblog.com/case-files/cases/masterpiece-cakeshop-ltd-v-colorado-civil-rights-commn/

 

To purchase Professor Winkler’s book visit: https://www.amazon.com/We-Corporations-American-Businesses-Rights/dp/0871407124

 

Host: Aaron Freiwald

Guest: Adam Winkler

 

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Is it time to say goodbye to the Electoral College?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Robert Hardaway, a professor at the Sturm College of Law at the University of Denver and, the author of a forthcoming book called “Saving the Electoral College”. Richard joins the show today discuss a movement by some states to disregard the electoral college and cast their votes in-line with the nationwide popular vote.

 

Calls to eliminate the Electoral College intensified following the 2016 elections when Donald Trump won the Electoral College but lost the national popular tally by more than 5 million votes.  Just last month the Colorado State Senate passed a bill that that would allow Colorado to cast its votes to whomever wins the national popular vote. Eleven states and the District of Columbia have already passed bills in their legislatures to join the National Popular Vote Interstate Compact, which would lead to a disregarding of the Electoral College.

 

Professor Hardaway joins us today to explain this hugely controversial national movement – one most of us probably have never even heard of – and to make the case for preserving the Electoral College.

 

What you do you think, is it time to re-evaluate our election process?

 

To purchase Professor Hardaway’s book visit: https://www.amazon.com/Saving-Electoral-College-Undermine-Democracy/dp/1440869952/ref=sr_1_1?ie=UTF8&qid=1550240488&sr=8-1&keywords=saving+the+electoral+college

 

Host: Aaron Freiwald

Guest: Robert Hardaway

 

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What is actually happening in our immigration courts? And more importantly, what isn’t?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Paul Schmidt, a recently retired U.S. Immigration Judge and an adjunct professor of law at Georgetown law School, to discuss the immigration crisis, specifically the backlog of cases that persists in our immigration courts and the problems these could cause. With an extensive and varied background in immigration – he was general counsel to the Immigration and Naturalization Service, the predecessor of ICE and he worked on the last big federal immigration legislation, all the way back in 1986 – Judge Schmidt joins the show today to talk about the immigration courts and how he fears that a backlog of cases could cause a civil rights disaster.

Judge Schmidt notes that the government shutdown only made matters worse. If Congress and the President fail to reach a compromise in the coming days and weeks, tens of thousands of additional immigration cases will be put on hold, further clogging the system.

Judge Schmidt has an informed perspective on the immigration crisis and he believes that the pile up of cases in our immigration courts is an injustice, a due-process issue, that could have dire consequences. Judge Schmidt explains that this is an “absolute mis-management of the whole system,” and breaks down the real issues that surround this aspect of the immigration crisis.

A crucial problem of the immigration crisis that rarely gets talked about, the issue of the backlog of our immigration courts, is something that absolutely needs more attention. What do you think of the status of our immigration courts? Do you agree with Judge Schmidt? Let us know in the comments below and thanks for listening!

 

To learn more about Judge Schmidt and the immigration issues visit his blog: www.immigrationcourtside.com. 

 

Host: Aaron Freiwald
Guest: Paul Schmidt

 

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What’s the real story with marijuana in America?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast Good Law | Bad Law, is joined by Alex Berenson, author of a new book, “Tell Your Children: The Truth About Marijuana, Mental Illness, and Violence”. Alex joins the show today to talk bring a new perspective to the marijuana debate that is happening in our country right now.

 

Alex Berenson is a former New York Times reporter and author of several best-selling fiction novels. But recently Alex’s attention has shifted away from the world of spy-thrillers and towards another, possibly even more danger-filled topic, the legalization of marijuana in America. Alex explains he’s not necessarily against legalizing marijuana, or at least certain aspects of marijuana like CBD oil, but he does want us all to have a better understanding of the drug and its effects before we allow everyone to light up. Bring his journalistic skills to the subject, Alex corrals all the available science from around the world on marijuana to explore questions, including: Is marijuana addicting? Is marijuana a gateway drug? Is marijuana a medicine? Is marijuana use linked to mental illness? And violent crime?

 

The answers to these questions is eye-opening. And important, as more states open the door to more people, especially more young people, to high-potency pot. The mantra of many on the pro-marijuana side when confronted with the science and statistics is to argue that correlation is not causation and Alex doesn’t deny that. But, if the science has merit, then shouldn’t we do more research before legalizing cannabis?

 

What you do you think? Do you think we have enough information to legalize cannabis or should we allow scientists to study the drug longer before making that decision? Let us know in the comments below.

 

To purchase Alex’s book visit: https://www.amazon.com/Tell-Your-Children-Marijuana-Violence/dp/1982103663/ref=sr_1_1?s=books&ie=UTF8&qid=1548968099&sr=1-1&keywords=alex+berenson+books+in+order

 

Host: Aaron Freiwald
Guest: Alex Berenson

 

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Instagram: @GoodLawBadLaw

Website: https://www.law-podcast.com

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