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weekly podcast with guests and conversation about cases and controversies that show how and why the law matters

October 26, 2017

CASE IN POINT | EMTALA - Good Law | Bad Law

On this episode of Case In Point, Aaron Freiwald, Managing Partner of Freiwald Law, talks about the Emergency Medical Treatment and Active Labor Act or EMTALA. EMTALA was enacted in 1986 and made it illegal for emergency departments to refuse to treat a patient because of their perceived inability to pay. The EMTALA act makes emergency departments evaluate and stabilize any patient that comes through the door.

 

Before EMTALA was enacted many emergency rooms utilized a practice called “dumping” or “patient dumping” where they would turn a patient away at the door even though that person might be in critical condition. Patients would sometimes have to travel over 20 miles to another hospital to try and get treatment. This practice was especially common for women in labor, thus the name Emergency Medical Treatment and Active Labor Act.

 

Today, Diane Black, a congress-woman from Tennessee is trying to remove EMTALA and let hospitals choose who they treat. Diane Black is a former Emergency Room nurse and is now running for the governor of Tennessee.

 

As history has shown us, when hospitals can choose who they treat and who they turn away, people who truly need care get left behind. EMTALA was not made to make emergency room workers jobs harder, it was enacted to protect patients.

 

Listen in and if you would like more information you can visit our website Freiwaldlaw.com and read a blog post Aaron wrote about EMTALA: https://www.freiwaldlaw.com/news-item/emtala

 

As always, let us know what you think!

 

Intro Music:

5 Cents Back by Audionautix is licensed under a Creative Commons Attribution license (https://creativecommons.org/licenses/by/4.0/)

Artist: http://audionautix.com/

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October 20, 2017

Good Law | Bad Law #47 Part 2 - Mandatory Life Sentences for Juveniles W/ YSRP

In part two of Good Law | Bad Law 47, host Aaron Freiwald is joined for the first time by three guests: Joanna Visser Adjoian, Giovanni Reid, and John Pace. Joanna runs the Youth Sentencing & Reentry Project in Philadelphia PA.

 

The YSRP works with juveniles who have been prosecuted in the adult criminal justice system, including those who have been sentenced to life without parole. They help kids and young adults through the entire process from sentencing through their time in jail, offering them support and guidance, and finally with re-entry back into their community.

 

Joanna brought along two gentlemen that had benefited from the YSRP services Giovanni and John. Both gentlemen have been recently released and were kind enough to come in and share their stories with us.

 

To learn more about what YSRP does you can visit their website:

https://ysrp.org/

To learn more about the Juvenile Law Center you can visit their website:

http://jlc.org/

To learn about the cases that have made it possible for these young adults to have a chance at a free life click on the links below:

Roper v. Simmons made it illegal for courts to hand down the death penalty to minors.

Graham v. Florida declared it was cruel and unusual punishment to sentence a juvenile to a life without parole sentence.

Montgomery v. Louisiana made the courts go back and re-try cases where a juvenile had been given a life without parole sentence.

 

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

 

Host: Aaron Freiwald

Guest: Joanna Visser Adjoian, Giovanni Reid, and John Pace

 

 

 

Follow Freiwald Law:

Twitter: @FreiwaldLaw

Facebook: @FreiwaldLaw

Youtube: Good Law | Bad Law

Instagram: @goodlawbadlaw

Website: http://www.freiwaldlaw.com

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October 20, 2017

Good Law | Bad Law #47 Part 1 - Mandatory Life Sentences for Juveniles W/ Brooke McCarthy

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Brooke McCarthy a fellow at the Juvenile Law Center in Philadelphia, PA. Brooke is here to discuss mandatory life without parole sentences for Juveniles who have committed very serious crimes.

 

The Juvenile Law Center works to help over-turn or re-negotiate sentences of youths that have been convicted of violent crimes. Brooke tells us about three crucial cases that paved the way for organizations like the Juvenile Law Center to do what they are doing: Roper v. Simmons, Graham v. Florida, and Montgomery v. Louisiana.

 

Here are the cases we discuss on the show:

Roper v. Simmons made it illegal for courts to hand down the death penalty to minors.

Graham v. Florida declared it was cruel and unusual punishment to sentence a juvenile to a life without parole sentence.

Montgomery v. Louisiana made the courts go back and re-try cases where a juvenile had been given a life without parole sentence.

 

Join us for this riveting conversation as we discuss the Juvenile Law Center and mandatory life sentences for juveniles.

 

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

 

Host: Aaron Freiwald

Guest: Brooke McCarthy

 

 

Follow Freiwald Law:

Twitter: @FreiwaldLaw

Facebook: @FreiwaldLaw

Youtube: Good Law | Bad Law

Instagram: @goodlawbadlaw

Website: http://www.freiwaldlaw.com

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October 17, 2017

Good Law | Bad Law #46 - Safe Injection Sites W/ Scott Burris

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Scott Burris, Professor at the Temple University Law School and Executive Director at the Public Health Law Research Center.

 

The Public Health Law Research Center is an organization that operates out of the Temple University Beasley School of Law where Scott teaches. Professor Burris has been a longtime advocate of Safe Injection Sites as a way of curbing injury and death associated with opioid use. Safe injection Sites or CUES have been set up in some other countries and share the philosophy of the “Needle Share” programs. The idea is, if we provide people resources and a safe place to inject their drugs we can offer them the help they need to turn their lives around.

 

The countries that have implemented these programs are seeing positive results. The Safe Injection Sites provide clean needles, privacy, alcohol wipes, and a place to recover from their usage. They are also staffed with professionals who can offer them resources as well as assist in the case of an overdose.

 

Some worry that Safe Injection Sites will bring more drug users to their neighborhood. Professor Burris says, studies have found the opposite to be true. Safe Injection Sites reduce the rate of drug use as well as drug related illnesses.

 

Join us today as Professor Scott Burris and Aaron Freiwald discuss this fascinating and provocative approach to the opioid epidemic. If you would like to contact the Public Health Research Center you can visit their website http://phlr.org/.

 

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

 

Host: Aaron Freiwald

Guest: Scott Burris

 

Follow Freiwald Law:

Twitter: @FreiwaldLaw

Facebook: @FreiwaldLaw

Youtube: Good Law | Bad Law

Instagram: @goodlawbadlaw

Website: http://www.freiwaldlaw.com

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October 13, 2017

Good Law | Bad Law #45 - Eastern State Penitentiary Special Episode W/ Sean Kelly

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by the Vice President of Eastern State Penitentiary, Sean Kelly.

 

Eastern State Penitentiary was built in 1829 on the outskirts of the city and was one of the most iconic and influential prisons in its time. Utilizing a new concept of “time as punishment”, Eastern State was designed with one thing in mind: Solitary Confinement. Each prisoner was isolated for up to six years. Though this punishment style was harsh and met great criticism from the start, many of the prisons built in the 1800’s across the world adopted this unique style. Eastern State Penitentiary was built in a wagon wheel pattern. Each hallway came together at a central hub which made it easy for guards to look down each hallway to make sure everything was in order.

 

During its operational life from 1829 through 1971 Eastern State Penitentiary was home to some of America’s most iconic prisoners including Al Capone and Slick Willy Sutton.

 

Join us for this fascinating conversation with Sean Kelly and head over to our YouTube channel Good Law | Bad Law to see the ins and outs of the massive structure.

 

And, if you’re in the Philadelphia area in the Month of October, head over to Eastern State for “Terror Behind the Walls” where the entire prison is turned into a haunted house full of the best scares and thrills in Philadelphia.

 

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

 

Host: Aaron Freiwald

Guest: Sean Kelly

 

Follow Freiwald Law:

Twitter: @FreiwaldLaw

Facebook: @FreiwaldLaw

Youtube: Good Law | Bad Law

Instagram: @goodlawbadlaw

Website: http://www.freiwaldlaw.com

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