Lawyer 2 Lawyer

Attorney J. Craig Williams and Legal Talk Network
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Nov 28, 2014 • 38min

Net Neutrality

On the coattails of presidential support and possible regulations from the Federal Communications Commission, Net Neutrality makes its way back into public debate. Proponents claim it will keep the internet a level playing field while opponents believe the opposite. One side worries about oppressive corporations while the other is concerned about oppressive government. Not surprisingly, opinions for or against tend to follow political party lines. On this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews Chris Fedeli from Judicial Watch and Professor Jonathan Askin from Brooklyn Law School. Together they discuss the meaning of net neutrality, the pros and cons of regulating, and what it takes to keep the internet innovative. Tune in to hear about free market principles, consumer protection, and data packet discrimination. Chris Fedeli is a senior attorney with Judicial Watch where he has litigated multiple cases in state and federal courts concerning election integrity, ballot initiatives and referendums, and government transparency. Prior to joining Judicial Watch, Fedeli was a senior associate at Davis Wright Tremaine in Washington D.C., where he represented clients in communications law litigation and regulatory proceedings. In 2009, the ABA's Communications Lawyer published Fedeli's article criticizing the FCC for its net neutrality regulations, which have since been overturned twice by the DC Circuit. Professor Jonathan Askin is a professor at Brooklyn Law School where he teaches technology, telecommunications, and entrepreneurial law and policy. He is also the Founder of the Brooklyn Law Incubator and Policy Clinic, which represents internet, new media, communications and other tech entrepreneurs on business development, policy advocacy, and law reform. During the 2008 Presidential Election, Askin chaired the Internet Governance Working Group for the 2008 Obama Presidential Campaign. Special thanks to our sponsor, Clio.
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Nov 14, 2014 • 31min

Quarantine and Isolation: How Federal and State Powers Fight Ebola

Federal and State governing authorities have the power to quarantine an individual under the suspicion that person has Ebola and could possibly spread it to others. But what if the government is wrong? Is there redress for people held against their will? It might surprise you that your civil liberties can be subjugated for the common good. In this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Gary Phelan from Mitchell and Sheahan, P.C. and Professor John Thomas from Quinnipiac University School of Law. Together they discuss balancing tests that allow both Federal and State governments to quarantine individuals as well the possible criminal and tort liabilities for people who knowingly, recklessly, or through negligence infect others. Tune in to hear more about the power given to the Executive Branch, Governmental Immunity from suit, and International Health Regulations from the World Health Organization. Gary Phelan is a shareholder at Mitchell and Sheahan, P.C. where he represents employees and employers in a wide range of matters, including disability and age discrimination, family responsibilities discrimination, wrongful termination, and severance negotiations. Mr. Phelan was recently the attorney for a Connecticut family whose little girl was not allowed to attend school for fear that she had been exposed to Ebola during her trip to a family wedding in Nigeria. The case received nationwide attention. Professor John Thomas of Quinnipiac University School of Law teaches health law and intellectual property. He has been published over 170 times on topics such as gun violence, health policy, politics, autism, juvenile justice, and music. In addition, he has spoken on health law topics across the U.S. and internationally. Thomas is a freelance writer and guitar player with a recent literary work titled "Kalamazoo Gals: A Story of the Extraordinary Women and Gibson's "Banner" Guitars of WWII." Special thanks to our sponsor, Clio.
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Oct 31, 2014 • 36min

Anniversary Show: Welcoming Our Tenth Year

Having started their tenth year in podcasting, Lawyer 2 Lawyer hosts Bob Ambrogi and J. Craig Williams take time to reflect upon on past shows, guests, and favorite moments. In an exchange of roles, Bob and Craig are interviewed by their very first guest, Michael S. Greco from K and L Gates LLP, who was the President of the American Bar Association and originally joined the show to talk about his initiatives. Tune in to hear about how our hosts got started in law, who wins "Name That Guest," favorite shows of 2014, as well as bloopers and theme songs. Thank you to all of our listeners over the years. We hope you enjoy this episode. Michael S. Greco is currently Of-counsel at K and L Gates LLP an international law firm that's 2,000 attorneys strong and represents large business interests. He is a commercial litigator, arbitrator, mediator, and appellate lawyer with more than 40 years of experience in resolving complex business issues and other disputes throughout the United States and internationally. In addition, Mr. Greco is a former President of the American Bar Association. Special thanks to our sponsor, Clio.
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Oct 17, 2014 • 34min

Wrongfully Convicted: William Dillon and His Life in Prison

Imagine being 20 years old and being investigated for a murder you didn't commit. Would you know what to say or do? Failure to react correctly could cost you a lifetime in prison. Sound far-fetched? It might surprise you to learn that it happens more often than we think, and for somewhat predictable reasons. In this special edition of Lawyer 2 Lawyer, host J. Craig Williams interviews William Michael Dillon, a man who spent nearly 30 years behind bars in one of the country's most dangerous prisons for a crime he did not commit, and Seth Miller, one of the attorneys who helped overturn his conviction. Tune in to hear how false confessions, eyewitness misidentification, and corrupt jail-house snitches are costing innocent people their freedom, and learn why William isn't angry today and how finding a voice through writing music helped him find hope. William Dillon served 27 years and 8 months of a life sentence for a murder he did not commit. The State of Florida released him in 2008 when DNA testing proved he was not linked to a key piece of evidence used to convict him. He is a singer and songwriter whose work was inspired by his long incarceration in Florida State Prison. Today, he advocates for organizations, including the Innocence Project of Florida, that were instrumental in setting him free. Seth Miller is one of the attorneys who helped exonerate William Dillon. He works for the Innocence Project of Florida where he has dedicated himself to exonerating the innocent since 2006. His organization receives nearly 2,000 requests to review convictions per year. Mr. Miller's focus is on post-conviction cases that have DNA in evidence. Special thanks to our sponsor, Clio.
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Oct 3, 2014 • 53min

The Trial Lawyer Hall of Fame: Rainmakers Who Ran the Gauntlet

Famed legal writer John Grisham calls them Rainmakers. We've celebrated their legendary victories in cinematic works such as "A Civil Action" and "Erin Brockovich." In Hollywood, these plaintiffs attorneys are often portrayed as Davids to their opposing Goliaths of corrupt industry. But who are they in real life? In this special edition of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview titans of the courtroom Mike Papantonio, Howard Nations, Thomas Girardi, and Fred Levin. In the first segment of this show, they reveal their most respected defense counsel, discuss the traits of successful trial attorneys, as well as evaluate the contingency fee model. In the second segment, Bob and Craig interview Fred Levin about his new biography which covers his very colorful life and career. Tune in to hear about his victories and his defeats. Mike Papantonio was instrumental in the creation of The Trial Lawyer Hall of Fame. In addition to being a senior partner at Levin, Papantonio, Thomas, Mitchell, Rafferty and Proctor, Mike co-hosts his nationally syndicated talk show (Ring of Fire) with esteemed co-hosts Robert F. Kennedy, Jr. and Sam Seder. Mr. Papantonio is also nationally known for his success in mass tort litigation, recipient of multiple prestigious awards (like Trial Lawyer of the Year and the Perry Nichols), and accomplished author of several motivational books for lawyers. Howard Nations is an inductee at The Trial Lawyer Hall of Fame whose national practice is currently working on litigation for Actos bladder cancer, defective hip implants, transvaginal mesh, Pradaxa, and the BP Deepwater Horizon oil spill. As a pioneer in courtroom technology, Howard was the first attorney to have computer-generated liability and medical animations admitted into evidence at trial. Among his many awards, he is the recipient of the W. McKinley Smiley, Jr., Lighthouse Award; the Belli Society's Mel Award; and MTMP's Clarence Darrow Award. Thomas Girardi is an inductee at The Trial Lawyer Hall of Fame who's commonly known for his work in Anderson v. Pacific Gas and Electric (the case made famous by the Erin Brockovich film). Among his numerous headlines, Mr. Girardi secured a 4.85 billion dollar settlement from Merck for Vioxx, a 785 million dollar verdict from Lockheed for personal injuries, and a 1.7 billion dollar settlement from the State of California for manipulating natural gas prices. Fred Levin is commonly referred to as the man who brought down Big Tobacco by helping to secure the largest settlement in US history. To date, he has won over 100 jury verdicts and settlements worth at least one million dollars. During his very colorful career he represented heavyweight boxing champion Roy Jones Jr., helped start the national firm of Johnnie Cochran, be-friended multiple Presidential candidates, and been investigated for murder twice. Today, Mr. Levin still practices as a senior partner at Levin, Papantonio, Thomas, Mitchell, Rafferty and Proctor. Special thanks to our sponsor, Clio.
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Sep 19, 2014 • 34min

Fighting for Fifteen: Does Increasing the Minimum Wage Help the Economy?

Worker groups around the country are demonstrating for the purpose of increasing the minimum wage while experts and policy makers debate the effect of such change. Proponents say a higher minimum wage helps low-skilled workers and boosts the economy. Opponents say increasing the minimum wage decreases employment and raises the cost of living. In this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Dr. Antony Davies from George Mason University and Dr. David Madland from American Progress. Together they discuss discuss economic and social principles associated with the minimum wage as well as who ultimately ends up paying for it. Tune in to learn more about the effects on fixed incomes, morale of workers, and quality of work. Dr. Antony Davies is an associate professor of economics at Duquesne University and a Mercatus Affiliated Senior Scholar at George Mason University. His primary research interests include econometrics and public policy. Davies has authored over 100 op-eds in over thirty newspapers including the Wall Street Journal, Los Angeles Times, New York Daily News, and Philadelphia Inquirer. Dr. David Madland is the Director of the American Worker Project and the Managing Director of the Economic Policy team at American Progress. He has written extensively about the economy and American politics on a range of topics including retirement policy, labor unions, and the minimum wage. Madland has appeared on the the PBS News Hour and CNN's Crossfire. He has been cited in The New York Times, The Wall Street Journal, and The Washington Post as well as been a guest on dozens of radio talk shows across the United States. David worked for Rep. George Miller (from California) and has testified before Congress and state legislatures. Special thanks to our sponsor, Clio.
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Sep 5, 2014 • 39min

Lawful Arrest or Excessive Use of Force: Today’s Perceptions about Militarized Police

In recent news, there have been several instances of demonstrations and riots resulting from allegations of police brutality. In cities like New York and Ferguson, there are many accounts and view points but there is still much to debate about the facts. On this episode of Lawyer 2 Lawyer, host Bob Ambrogi interviews Amy Goodman from Democracy Now! and Sgt. Delroy Burton from DC Police Union. Together they discuss the perceptions and procedures of police as they use force to make arrests. Tune in to hear about why citizens shouldn't resist arrests as well as opinions about the use of military equipment for police work. Amy Goodman is the host and executive producer of the award winning show Democracy Now! which airs on over 1,200 public television and radio stations worldwide. In addition, she has authored many best selling books including The Silenced Majority: Stories of Uprisings, Occupations, Resistance, and Hope. Ms. Goodman is the recipient of many prestigious awards such as the Right Livelihood Award, James Aronson Award for Social Justice Reporting, and many many more. Sgt. Delroy Burton is the Chairman for DC Police Union and has been a police officer since August 1994. He worked many patrol assignments that required specialized training including alcohol enforcement, pulse Doppler radar, and police motorcycles. Sergeant Burton worked as a vice investigator prior to becoming detective and later became sergeant. He began working for DC Police Union in 2006 and was elected union chairman in 2013 with his term beginning in April of 2014. Special thanks to our sponsor, Clio.
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Aug 27, 2014 • 42min

Firing Squads and Lethal Injections: Is Today’s Death Penalty Cruel and Unusual?

The Eighth Amendment protects people from cruel and unusual punishments in the United States but what does that mean? In the last 38 years, Americans used hangings, gas chambers, lethal injections, electrocutions, and firing squads to execute convicted murderers. Given the recent reports of botched lethal injections, some experts are calling for the return of the firing squad as the most humane form of capital punishment. On this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews Judge Alex Kozinski from the United States Court of Appeals for The Ninth Circuit, exonerated death row survivor Ronald Keine from Witness to Innocence, and M*A*S*H actor Mike Farrell from Death Penalty Focus. Together they discuss the merits of firing squads vs. lethal injections, corruption in the judicial system, and the morality of western society. Tune in to hear about the 144 exonerated death row survivors as well as Ronald Keine's near miss with the gas chamber. Judge Alex Kozinski sits on the bench of the United States Court of Appeals for The Ninth Circuit where he's served since his appointment on November 7th 1985. Prior to his appointment Judge Kozinski occupied other prestigious positions including Chief Judge of the US Claims Court and Office of Counsel to the President. He is married with three children plus three grandchildren. Ronald Keine is an exonerated death row inmate who was just 9 days from his execution in the gas chamber when the actual murderer confessed to the crime. Today, he an Assistant Director of Membership and Training for Witness to Innocence an anti-death penalty organization whose leading voice is that of exonerated death row survivors. Mike Farrell played Captain BJ Hunnicut for eight years on the hit television show M*A*S*H as well other roles like Jim Hansen in another series called Providence. In the 90s, he served for three years as a member of the State of California's Commission on Judicial Performance. Mr. Farrell is a life-long opponent of the death penalty and has been the President of Death Penalty Focus since 1994. Special thanks to our sponsor, Clio.
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Aug 8, 2014 • 39min

Marijuana Use During Pregnancy and Child Abuse

Although still illegal everywhere in the United States under federal law, Colorado and Washington have decided not to prosecute marijuana use or production at the state level. Despite this lack of enforcement, women who use marijuana during their pregnancies are being charged with child abuse shortly after giving birth. On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Sabrina Fendrick from the National Organization for the Reform of Marijuana Laws and Carla Lowe from Citizens Against Legalizing Marijuana. Together they discuss conflicting studies and beliefs regarding the benefits, harms, and prohibition of marijuana. Tune in to learn more about Fetal Alcohol Syndrome and Neonatal Abstinence Syndrome as well as the differences between THC, tobacco, and alcohol for pregnant women. Sabrina Fendrick currently serves as the Director of Strategic Partnerships for NORML the Washington DC-based National Organization for the Reform of Marijuana Laws. In 2010, she founded the NORML Women's Alliance and served as Director of Women's Outreach to develop multiple female-focused awareness campaigns to educate women, and empower them to speak out on behalf of progressive cannabis policies. Today Fendrick remains dedicated to increasing women's involvement throughout all aspects of the legalization movement, including parenting and child custody issues. Carla Lowe is the founder of Citizens Against Legalizing Marijuana (CALM). She has been a volunteer anti-drug activist since 1977. Carla co-founded Californians for Drug-Free Youth and Californians for Drug-Free Schools. In addition, she chaired the Nancy Reagan Speakers' Bureau of the National Federation of Parents for Drug-Free Youth. Lowe is a mother of five grown children, grandmother of nine, and former high-school teacher. Special thanks to our sponsor, Clio.
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Jul 25, 2014 • 33min

The New Pregnancy Drug Law in Tennessee

On July 1st a new law took effect in Tennessee that allows prosecutors to pursue criminal assault charges if the mother uses illegal drugs during pregnancy. Although it had widespread bipartisan support and is designed to fight Neonatal Abstinence Syndrome, some believe it to be an unconstitutional infraction on privacy, equal protection, and due process. On this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews Tennessee House Representative Mike Carter and Legal Director for the American Civil Liberties Union of Tennessee Thomas Castelli. Together they discuss maximum penalties, the law's effect on demographics, and treatment based defenses to punishment. Tune in to hear why the Tennessee General Assembly believes this law is their only option and the reasons the ACLU is fighting it. Thomas H. Castelli is the Legal Director for the American Civil Liberties Union of Tennessee. Prior to joining the ACLU, he provided litigation counsel to businesses and law firms with Counsel on Call and was a founding partner with Castelli and Knox, LLP, a small general practice firm with an emphasis on employment discrimination and wrongful discharge. He also worked as an associate at Schulten, Ward and Turner, LLP as well as Sutherland, Asbill and Brennan, LLP, where he focused on employment, construction, bankruptcy and general business litigation. He is a native Tennessean who grew up in Murfreesboro. The Honorable Mike Carter is a House Representative in the Tennessee General Assembly. He is a life-long resident of Ooltewah, Tennessee and practiced law for twenty years before being appointed as Judge, now retired, in 1997 by then Governor Don Sundquist. In 2009, Mr. Carter served as Special Assistant to then County Mayor Claude Ramsey. In 2012, he ran unopposed as a State Representative to serve the people of the newly created 29th District of Tennessee. Carter serves on the House Civil Justice Committee, House Finance Ways and Means Committee, and the House Ethics Committee. He also serves on TACIR (Tennessee Advisory Commission on Intergovernmental Relations) and the House Judicial Oversight Panel. Special thanks to our sponsor, Clio.

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