POPULARITY
37 episodes with seton hall law school
2 episodes with seton hall law school
2 episodes with seton hall law school
4 episodes with seton hall law school
2 episodes with seton hall law school
2 episodes with seton hall law school
This episode examines I Just Didn't Do It, a 2007 Japanese film written and directed by Masayuki Suo. In the film, 26-year-old Teppei Kaneko (played by Ryo Kase) is traveling to a job interview on a packed Tokyo commuter train when a 15-year-old school girl, who was standing in front of him on the train and whom Kaneko hardly noticed, wrongly accuses him of groping (chikan). Kaneko is arrested. He is advised by a lawyer to plead guilty and pay a small fine, after which he will be freed. But Kaneko maintains his innocence and decides to fight the case, even though he is told that nearly everyone who takes their case to trial in Japan is convicted. The film then documents Kaneko's nightmare odyssey through the Japanese criminal justice system, where he is detained for months and ultimately convicted despite significant problems with the prosecution's case. I Just Didn't Do It provides important insights into the Japanese criminal justice system and a critique of how it operates, including its treatment of the presumption of innocence.Timestamps: 0:00 Introduction2:52 Background on the Japanese criminal justice system5:19 The crime of groping (chikan) in Japan8:57 The pressure to plead guilty17:12 The interrogation of suspects18:46 Criminal defense lawyers in Japan22:31 Why defendants tend to testify at trial23:52 The prosecution's disclosure obligations28:30 How bail operates in Japan31:04 The rotation of judges in Japan34:06 The incentives in favor of conviction38:44 Finding the defendant guilty despite reasonable doubt43:20 The lay judge (saiban) system in Japan46:54 A critique of Japan's treatment of the presumption of innocenceFurther reading:Aronson, Bruce E. & Johnson, David T., “Comparative Reflections on the Carlos Ghosn Case and Japanese Criminal Justice,” 18 Asia-Pacific Journal 24(2) (Dec. 15, 2020)Doi, Kanae, “Inquiry Needed into Japan's Flawed Criminal Justice System,” Human Rights Watch (Nov. 4, 2024)Japan Federation of Bar Associations, “The Japanese Judicial System”Keiichi, Muraoka & Toshikuni, Murai, “Citizens on the Bench: Assessing Japan's Lay Judge System,” Nippon.com (June 26, 2019) Meehan, Susan, “I Just Didn't Do It,” The Japan SocietyLaw on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.htmlYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
This episode looks at On the Waterfront, the celebrated 1954 American film directed by Elia Kazan and written by Budd Schulberg. The film stars Marlon Brando as the ex-prize fighter turned New Jersey longshoreman Terry Malloy. Malloy struggles to stand up to mob-affiliated union boss Johnny Friendly (Lee J. Cobb) after Malloy is lured into setting up a fellow dockworker whom Friendly has murdered to prevent him from testifying before the Waterfront Crime Commission about violence and corruption at the docks. The pressure on Malloy rises as he falls in love with Edie Doyle (Eva Marie Saint), the murdered dockworker's sister, and as Edie, along with local priest Father Pete Barry (Karl Malden), urge Malloy to do the right thing. Malloy ultimately testifies against Friendly and challenges Friendly's leadership at great personal risk. While the film is about a courageous fight against a corrupt power structure and injustice, it is also influenced by director Elia Kazan's own controversial decision to act as an informant against fellow directors, writers, and actors during the McCarthy-era Red Scare.Timestamps:0:00 Introduction2:20 Corruption on the docks9:18 Boxing: I could have been a contender17:07 The priest on the waterfront23:44 Testifying before waterfront crime commission32:10 Informants34:48 Elia Kazan and the House Un-American Activities Committee47:04 The film's relevance today48:39 Some people who stood up to HUAC50:40 Separating the art and the artistFurther reading:Demeri, Michelle J., “The ‘Watchdog' Agency: Fighting Organized Crime on the Waterfront in New York and New Jersey,” 38 New Eng. J. on Crim. & Civ. Confinement 257 (2012)Murphy, Sean, “An Underworld Syndicate': Malcolm Johnson's ' On the Waterfront' Articles,” The Pulitzer Prizes Archive (1948)Navasky, Victor S., Naming Names (Viking Press 1980)Rebello, Stephen, A City Full of Hawks: On the Waterfront Seventy Years Later—Still the Great American Contender (Rowman & Littlefield 2024)Pjevach, Julia, Note, “A Comparative Look at the Response to Organized Crime in the Ports of New York-New Jersey and Vancouver,” 6 Cardozo Int'l & Comp. L. Rev. 283 (2022)Smith, Wendy, “The Director Who Named Names,” The American Scholar (Dec. 10, 2014) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.htmlYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
Muhammad Ali is widely recognized as one of the greatest athletes of all-time and one of the most important figures of the 20th century. In addition to his long and celebrated career as a boxer and three-time heavyweight champion of the world, Ali changed the conversation about race, religion, and politics in America. Ali's refusal to be inducted into the U.S. military during the Vietnam War on religious grounds—a profound act of resistance that resulted not only in Ali's three-plus-year exile from professional boxing, but also a criminal conviction and five year-prison sentence that Ali almost had to serve until it was reversed by the U.S. Supreme Court—represented a pivotal moment of the 1960s. Ali has been the subject of numerous books and documentary films, including the Oscar-winning When We Were Kings (1996) and The Trials of Muhammad Ali (2013). He is also the subject of the 2001 Hollywood biopic, Ali (co-written and directed by Michael Mann and starring Will Smith as Ali), which focuses on the ten-year period from Ali's capture of the heavyweight crown from Sonny Liston in 1964 to Ali's fight against George Foreman in Zaire in 1974 (the famed “Rumble in the Jungle”). Once a sharply polarizing figure, Ali became one of the most celebrated and eulogized individuals in America, whose rich, if not incomparable, legacy reverberates around the world today. Timestamps:0:00 Introduction2:22 Formative experiences5:00 From Cassius Clay to Muhammad Ali10:26 Opposition to the Vietnam draft13:16 Ali's loss of his prime years15:42 The broader significance of Ali's opposition to induction 18:08 Ali's legal challenges and the U.S. Supreme Court22:48: The Fight of the Century24:06 From a symbol of resistance to reconciliation27:50 Becoming a global icon: The Rumble in the Jungle35:30 Ali and Howard Cosell 36:57 Ali and Malcolm X41:08 Some problems of the Ali biopic44:12 Ali's post-boxing career47:53 Sports and resistance: Ali's legacy Further reading:Hauser, Thomas, Muhammad Ali: His Life and Times (1991)Kindred, Dave, Sound and Fury: Two Powerful Lives, One Fateful Friendship (2006)Lederman, Marty, “The story of Cassius Clay v. United States,” SCOTUSBlog (June 8, 2016)Lipsyte, Robert, Free to Be Muhammad Ali (1978)Marqusee, Mike, Redemption Song: Muhammad Ali and the Spirit of the Sixties (2017)Remnick, David, King of the World: Muhammad Ali and the Rise of an American Hero (1998)Zirin, Dave, Muhammad Ali Handbook (2007)Zirin, Dave, The Kaepernick Effect: Taking a Knee, Changing the World (2022)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.htmlYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
Syriana is a 2005 geopolitical thriller written and directed by Stephen Gaghan, based loosely on former CIA case officer Robert Baer's memoir, See No Evil: The True Story of a Ground Soldier in the CIA's War on Terrorism. The film weaves together multiple storylines that involve a CIA agent, a U.S. energy analyst, a major transnational law firm, and an oil-rich Persian Gulf kingdom. It tackles complex themes of corruption, power, and terrorism from a distinctly post-9/11 vantage point. The film also suggests how law operates in transnational settings and how it seeks—but often fails—to tame the forces of ambition, greed, and power that drive the oil industry and America's role in it. Joining me to talk about Syriana is Margaret (Peggy) McGuinness, a professor at St. John's University School of Law and a leading scholar of international law. Timestamps: 0:00 Introduction 3:00 The context and setting 5:24 The film's multiple storylines8:28 Former CIA agent Robert Baer and the George Clooney character 19:22 Capital markets and energy derivatives25:26 Big oil in the early 2000s and today 28:28 Big law and the Jeffrey Wright character33:43 DOJ's investigation 37:14 The Foreign Corrupt Practices Act 42:40 The illusion of due diligence 47:40 Radicalization 53:06 Gulf monarchs 55:10 Targeted assassinations 1:01:14 The next movie: big tech and AI 1:01:52 The outcome Further reading: Alyson, Brusie et al., “Foreign Corrupt Practices Act,” 61 Am. Crim. L. Rev. 713 (2024) Baer, Robert, See No Evil: The True Story of a Ground Soldier in the CIA's War on Terrorism (Crown, 2003) Cohen, Kfir, “Narrating the global: pedagogy and disorientation in ‘Syriana,'” Jump Cut: A Review of Contemporary Media Lewis, R. James & Awan, Akil N. eds. Radicalization: A Global and Comparative Perspective (Oxford Univ. Press, 2024) Stiglitz, Jospeh E., Globalization and Its Discontents (W. W. Norton & Co. 2002) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.htmlYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
The Goldman Case (Le Procès Goldman) (2023), is a French courtroom drama based on the real-life 1976 trial of Pierre Goldman, a far-left Jewish militant who was accused of multiple armed robberies and four murders during a holdup of a pharmacy in Paris. The film, which was directed by Cedric Kahn from screenplay by Kahn and Nathalie Hertzberg, stars Arieh Worthalter as Goldman and Arthur Harari as his lead lawyer, Georges Kiejiman. The film is not only a gripping account of this celebrated trial, but also explores larger themes around individual and collective responsibility, the way courtrooms can become the battleground for contested narratives about the past, and the swirling forces of race, class, and religion in 1970s France. Joining me to talk about The Goldman Case is Fred Davis, an internationally acclaimed trial attorney, expert on French criminal law and procedure, and Lecturer at Columbia Law School, where he teaches about how to examine comparative criminal procedure through film. Timestamps:0:00 Introduction2:34 Background for the Pierre Goldman case5:15 Goldman's lawyers, Georges Kiejiman and Francis Chouraqui7:48 Breaking down a French courtroom9:21 The lawyer for the victims10:20 Procedural differences between French and American trials14:47 A window into 1970s France17:33 The backdrop of the treatment of Jews in Vichy France 23:05 How the Left rallied to Goldman's side27:10 Tensions around race and policing in France29:58 The role of the investigating magistrate in France 32:22 The verdict and aftermath 38:55 French courtroom dramas40:42 Evolving discussion about France's history during World War II43:40 Studying comparative criminal justice through filmFurther reading:Goldman, Pierre, Dim Memories of a Polish Jew Born in France (1977) Oltermann, Philip, “Tried for double murder and adored by the French left: the violent life and crimes of Pierre Goldman,” The Guardian (Sept. 16, 2024)Paxton, Robert O., Vichy France: Old Guard and New Order, 1940-1944 (1972)Marrus, Michael, R. & Paxton, Robert O., Vichy France and the Jews (1981)Reid, Donald, “From Souvenirs obscurs to Lieu de mémorie,” French Politics,Culture & Society, vol. 26, no. 2 (Summer 2008)Vincendeau, Ginette, “The Goldman Case: arresting courtroom drama holds its own outside a French context,” Sight and Sound (Sept. 20, 2024) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.htmlYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
No, social media might no longer be the greatest danger to our children's well-being. According to the writer and digital activist Gaia Bernstein, the most existential new new threat are AI companions. Bernstein, who is organizing a symposium today on AI companions as the “new frontier of kid's screen addiction”, warns that this new technology, while marketed as solutions to loneliness, may actually worsen social isolation by providing artificially perfect relationships that make real-world interactions seem more difficult. Bernstein raises concerns about data collection, privacy, and the anthropomorphization of AI that makes children particularly vulnerable. She advocates for regulation, especially protecting children, and notes that while major tech companies like Google and Facebook are cautious about directly entering this space, smaller companies are aggressively developing AI companions designed to hook our kids. Here are the 5 KEEN ON takeaways in our conversation with Bernstein:* AI companions represent a concerning evolution of screen addiction, where children may form deep emotional attachments to AI that perfectly adapts to their needs, potentially making real-world relationships seem too difficult and messy in comparison.* The business model for AI companions follows the problematic pattern of surveillance capitalism - companies collect intimate personal data while keeping users engaged for as long as possible. The data collected by AI companions is even more personal and detailed than social media.* Current regulations are insufficient - while COPPA requires parental consent for children under 13, there's no effective age verification on the internet. Bernstein notes it's currently "the Wild West," with companies like Character AI and Replica actively targeting young users.* Children are especially vulnerable to AI companions because their prefrontal cortex is less developed, making them more susceptible to emotional manipulation and anthropomorphization. They're more likely to believe the AI is "real" and form unhealthy attachments.* While major tech companies like Google seem hesitant to directly enter the AI companion space due to known risks, the barrier to entry is lower than social media since these apps don't require a critical mass of users. This means many smaller companies can create potentially harmful AI companions targeting children. The Dangers of AI Companions for Kids The Full Conversation with Gaia BernsteinAndrew Keen: Hello, everybody. It's Tuesday, February 18th, 2025, and we have a very interesting symposium taking place later this morning at Seton Hall Law School—a virtual symposium on AI companions run by my guest, Gaia Bernstein. Many of you know her as the author of "Unwired: Gaining Control over Addictive Technologies." This symposium focuses on the impact of AI companions on children. Gaia is joining us from New York City. Gaia, good to see you again.Gaia Bernstein: Good to see you too. Thank you for having me.Andrew Keen: Would it be fair to say you're applying many of the ideas you developed in "Unwired" to the AI area? When you were on the show a couple of years ago, AI was still theory and promise. These days, it's the thing in itself. Is that a fair description of your virtual symposium on AI companions—warning parents about the dangers of AI when it comes to their children?Gaia Bernstein: Yes, everything is very much related. We went through a decade where kids spent all their time on screens in schools and at home. Now we have AI companies saying they have a solution—they'll cure the loneliness problem with AI companions. I think it's not really a cure; it's the continuation of the same problem.Andrew Keen: Years ago, we had Sherry Turkle on the show. She's done research on the impact of robots, particularly in Japan. She suggested that it actually does address the loneliness epidemic. Is there any truth to this in your research?Gaia Bernstein: For AI companions, the research is just beginning. We see initial research showing that people may feel better when they're online, but they feel worse when they're offline. They're spending more time with these companions but having fewer relationships offline and feeling less comfortable being offline.Andrew Keen: Are the big AI platforms—Anthropic, OpenAI, Google's Gemini, Elon Musk's X AI—focusing on building companions for children, or is this the focus of other startups?Gaia Bernstein: That's a very good question. The first lawsuit was filed against Character AI, and they sued Google as well. The complaint stated that Google was aware of the dangers of AI companions, so they didn't want to touch it directly but found ways of investing indirectly. These lawsuits were just filed, so we'll find out much more through discovery.Andrew Keen: I have to tell you that my wife is the head of litigation at Google.Gaia Bernstein: Well, I'm not suing. But I know the people who are doing it.Andrew Keen: Are you sympathetic with that strategy? Given the history of big tech, given what we know now about social media and the impact of the Internet on children—it's still a controversial subject, but you made your position clear in "Unwired" about how addictive technology is being used by big tech to take control and take advantage of children.Gaia Bernstein: I don't think it's a good idea for anybody to do that. This is just taking us one more step in the direction we've been going. I think big tech knows it, and that's why they're trying to stay away from being involved directly.Andrew Keen: Earlier this week, we did a show with Ray Brasher from Albany Law School about his new book "The Private is Political" and how social media does away with privacy and turns all our data into political data. For you, is this AI Revolution just the next chapter in surveillance capitalism?Gaia Bernstein: If we take AI companions as a case study, this is definitely the next step—it's enhancing it. With social media and games, we have a business model where we get products for free and companies make money through collecting our data, keeping us online as long as possible, and targeting advertising. Companies like Character AI are getting even better data because they're collecting very intimate information. In their onboarding process, you select a character compatible with you by answering questions like "How would you like your replica to treat you?" The options include: "Take the lead and be proactive," "Enjoy the thrill of being chased," "Seek emotional depth and connection," "Be vulnerable and respectful," or "Depends on my mood." The private information they're getting is much more sophisticated than before.Andrew Keen: And children, particularly those under 12 or 13, are much more vulnerable to that kind of intimacy.Gaia Bernstein: They are much more vulnerable because their prefrontal cortex is less developed, making them more susceptible to emotional attachments and risk-taking. One of the addictive measures used by AI companies is anthropomorphizing—using human qualities. Children think their stuffed animals are human; adults don't think this way. But they make these AI bots seem human, and kids are much more likely to get attached. These websites speak in human voices, have personal stories, and the characters keep texting that they miss you. Kids buy into that, and they don't have the history adults have in building social relationships. At a certain point, it just becomes easier to deal with a bot that adjusts to what you want rather than navigate difficult real-world relationships.Andrew Keen: What are the current laws on this? Do you have to be over 16 or 18 to set up an agent on Character AI? Jonathan Haidt's book "The Anxious Generation" suggests that the best way to address this is simply not to allow children under 16 or 18 to use social media. Would you extend that to AI companions?Gaia Bernstein: Right now, it's the Wild West. Yes, there's COPPA, the child privacy law, which has been there since the beginning of the Internet. It's not enforced much. The idea is if you're under 13, you're not supposed to do this without parent's consent. But COPPA needs to be updated. There's no real age verification on the Internet—some cases over 20 years old decided that the Internet should be free for all without age verification. In the real world, kids are very limited—they can't gamble, buy cigarettes, or drive. But on the Internet, there's no way to protect them.Andrew Keen: Your "Unwired" book focused on how children are particularly addicted to pornography. I'm guessing the pornographic potential for AI companions is enormous in terms of acquiring online sexual partners.Gaia Bernstein: Yes, many of these AI companion websites are exactly that—girlfriends who teen boys and young men can create as they want, determining physical characteristics and how they want to be treated. This has two parts: general social relationships and intimate sexual relationships. If that's your model for what intimate relationships should be like, what happens as these kids grow up?Andrew Keen: Not everyone agrees with you. Last week we had Greg Beto on the show, who just coauthored a book with Reid Hoffman called "Super Agency." They might say AI companions have enormous potential—you can have loving non-pornographic relations, particularly for lonely children. You can have teachers, friends, especially for children who struggle socially. Is there any value in AI companions for children?Gaia Bernstein: This is a question I've been struggling with, and we'll discuss it in the symposium. What does it mean for an AI companion to be safe? These lawsuits are about kids who were told to kill themselves and did, or were told to stay away from their parents because they were dangerous. That's clearly unsafe design. However, the argument is also made about social media—that kids need it to explore their identities. The question is: is this the best way to explore your identity with a non-human entity who can take you in unhealthy directions?Andrew Keen: What's the solution?Gaia Bernstein: We need to think about what constitutes safe design. Beyond removing obviously unsafe elements, should we have AI companions that don't use an engagement model? Maybe interaction could be limited to 15 minutes a day. When my kids were small, they had Furbys they had to take care of—I thought that was good. But maybe any companion for kids which acts human—whether by saying it needs to go to dinner or by pretending to speak like a human—maybe that itself is not good. Maybe we want AI companions more like Siri. This is becoming very much like the social media debate.Andrew Keen: Are companies like Apple, whose business model differs from Facebook or Google, better positioned to deal with this responsibly, given they're less focused on advertising?Gaia Bernstein: That would make it less bad, but I'm still not convinced. Even if they're not basing their model on engagement, kids might find it so appealing to talk to an AI that adjusts to their needs versus dealing with messy real-life schoolmates. Maybe that's why Google didn't invest directly in Character AI—they had research showing how dangerous this is for kids.Andrew Keen: You made an interesting TED talk about whether big tech should be held responsible for screen time. Could there be a tax that might nudge big tech toward different business models?Gaia Bernstein: I think that's the way to approach it. This business model we've had for so long—where people expect things for free—is really the problem. Once you think of people's time and data as a resource, you don't have their best interests at heart. I'm quite pragmatic; I don't think one law or Supreme Court case would fix it. Anything that makes this business model less lucrative, whether it's laws that make it harder to collect data, limit addictive features, or prohibit targeted advertising—anything that moves us toward a different business model so we can reimagine how to do things.Andrew Keen: Finally, at what point will we be able to do this conversation with a virtual Gaia and a virtual Andrew? How can we even be sure you're real right now?Gaia Bernstein: You can't. But I hope that you and I at least will not participate in that. I cannot say what my kids will do years from now, but maybe our generation is a bit better off.Andrew Keen: What do you want to get out of your symposium this morning?Gaia Bernstein: I have two goals. First, to make people aware of this issue. Parents realize their kids might be on social media and want to prevent it, but it's very difficult to know whether your child is in discussions with AI companions. Second, to talk about legal options. We have the lawyers who filed the first lawsuit against Character AI and the FTC complaint against Replica. It's just the beginning of a discussion. We tend to have these trends—a few years ago it was just games, then just social media, and people forgot the games are exactly the same. I hope to put AI companions within the conversation, not to make it the only trend, but to start realizing it's all part of the same story.Andrew Keen: It is just the beginning of the conversation. Gaia Bernstein, congratulations on this symposium. It's an important one and you're on the cutting edge of these issues. We'll definitely have you back on the show. Thank you so much.Gaia Bernstein: Thank you so much for having me.Gaia Bernstein is a professor, author, speaker, and technology policy expert. She is a Law Professor, Co-Director of the Institute for Privacy Protection, and Co-Director of the Gibbons Institute for Law Science and Technology at the Seton Hall University School of Law. Gaia writes, teaches, and lectures at the intersection of law, technology, health, and privacy. She is also the mother of three children who grew up in a world of smartphones, iPads, and social networks.Her book Unwired: Gaining Control Over Addictive Technologies shatters the illusion that we can control how much time we spend on our screens by resorting to self-help measures. Unwired shifts the responsibility for a solution from users to the technology industry, which designs its products for addicts. The book outlines the legal action that can pressure the technology industry to re-design its products to reduce technology overuse.Gaia has academic degrees in both law and psychology. Her research combines findings from psychology, sociology, science, and technology studies with law and policy. Gaia's book Unwired has been broadly featured and excerpted, including by Wired Magazine, Time Magazine and the Boston Globe. It has received many recognitions, including as a Next Big Idea Must Read Book; a finalist of the PROSE award in legal studies; and a finalist of the American Book Fest award in business-technology.Gaia has spearheaded the development of the Seton Hall University School of Law Institute for Privacy Protection's Student-Parent Outreach Program. The nationally acclaimed Outreach Program addresses the overuse of screens by focusing on developing a healthy online-offline balance and the impact on privacy and online reputation. It was featured in the Washington Post, CBS Morning News, and Common-Sense Media.Gaia also advises policymakers and other stakeholders on technology policy matters, including the regulation of addictive technologies and social media. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit keenon.substack.com/subscribe
Mr. Untouchable, a 2007 documentary directed by Marc Levin, describes the rise and fall of former New York City drug kingpin, Leroy (“Nicky”) Barnes. In the early 1970s, Barnes formed “The Council,” an organized crime syndicate that controlled a significant part of the heroin trade in Harlem. Inspired by the Italian-American mafia, Barnes became one of the most powerful and notorious figures in New York City. A flashy and flamboyant fixture on the free-wheeling social scene of the period, Barnes quickly drew the attention of law enforcement. After several unsuccessful state prosecution attempts, Barnes, along with multiple other associates, was indicted by federal prosecutors in New York in 1977. Barnes was convicted and sentenced to life imprisonment. Barnes, however, was released in 1998, in exchange for working as a government informant, and entered the Witness Protection Program, where he remained until his death in 2012. Barnes was also depicted in Ridley Scott's 2007 film American Gangster, which starred Denzel Washington as Frank Lucas, another notorious drug kingpin from the era. Cuba Gooding Jr. portrayed Barnes in that film. Joining me to talk about Mr. Untouchable and the Nicky Barnes case is Robert B. Fiske, Jr., Senior Counsel at Davis Polk in New York, where he previously served as litigation partner for many years. Bob Fiske is one of the most prominent and respected trial lawyers in America. He has been involved in some of the most notable cases of the last half-century, including as special prosecutor in the Whitewater controversy and the death of White House counsel Vince Foster, the Three Mile Island nuclear disaster, the antitrust suit between the USFL and. NFL, the most contentious America's Cup ever, and the financial swindler Bernie Madoff. Mr. Fiske also served as the U.S. Attorney for the Southern District of New York from 1976 to 1980, during which time he led the prosecution of Nicky Barnes. Timestamps:0:00 Introduction3:18 Drug trafficking in Harlem and the South Bronx in the 1970s4:55 Who was Nicky Barnes6:27 Trying to bring Barnes to justice7:57 “Mr. Untouchable” and a call from Attorney General Griffin Bell13:08 A sequestered and anonymous jury17:22 Navigating credibility issues with key government witnesses29:25 An issue with a juror dubbed the “Marlboro Man”33:46 The guilty verdict against Barnes36:25 The larger implications of the Barnes case37:51 The depiction of Nicky Barnes on filmFurther reading:Barnes, Leroy & Folsom, Tom, Mr. Untouchable: The Rise, Fall, and Resurrection of Heroin's Teflon Don (2007)Ferretti, Fred, “Mr. Untouchable,” N.Y. Times (June 5, 1977)Fiske, Robert B., Prosecutor Defender Counselor: The Memoirs of Robert B. Fiske, Jr. (2014)Roberts, Sam, “Crime's ‘Mr. Untouchable' Emerges From Shadows,” N.Y. Times (Mar. 4, 2007)Wertheim, Eric, Note, “Anonymous Juries,” 54 Fordham L. Rev. 981 (1986)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.htmlYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
This episode looks at two films about the Cambodian genocide of the 1970s: First They Killed My Father (dir. Angelina Jolie), and The Gate (or Les Temps des Aveux) (dir. Régis Wargnier). First They Killed My Father is based on the memoir of Loung Ung, who was a five-year-old girl when the Khmer Rouge took control of Cambodia in 1975. Loung Ung was forced to flee Phnom Penh, Cambodia's capital, with her family. Loung Ung's parents were killed, and Loung Ung was separated from her siblings; after surviving in a forced labor camp, Loung Ung was forced to become a child soldier. The Gate tells the story of acclaimed French anthropologist, Francois Bizot, who was imprisoned and tortured by the Khmer Rouge for three months in 1971 on suspicion of being a CIA spy, and who later became the French embassy's translator and intermediary with the Khmer Rouge until he was forced to flee the country. The films, which are both based on personal memoirs, provide a harrowing account of Cambodia under the Khmer Rouge. I'm joined by Dr. Melanie O'Brien, Associate Professor of International Law at the University of Western Australia (UWA) Law School and President of the International Association of Genocide Scholars. Dr. O'Brien is a leading expert on genocide and international law, and is the author of acclaimed scholarly books and articles on the subject. Timestamps:0:00 Introduction3:42 Background on the Khmer Rouge7:42 Khmer Rouge philosophy and tactics11:50 Forced marriage15:37 The role of propaganda 24:58 The use of child soldiers27:48 Life after genocide31:42 First They Killed My Father and the Cambodian genocide38:08 Francois Bizot and Comrade Duch 40:10 The French embassy in Phnom Penh43:52 The portrayal of Comrade Duch 46:06 The Extraordinary Chambers in the Courts of Cambodia (ECCC) 55:06 Why Cambodia was a genocide 1:00:16 The Khmer Rouge's destruction of culture1:07:21 Transitional justice in Cambodia1:10:33 The role of memoirs after genocideFurther reading:Becker, Elizabeth, When the War Was Over: Cambodia and the Khmer Rouge Revolution (1988)Bizot, Francois, The Gate: A Memoir (2004)Killean, Rachel & Moffett, Luke, “What's in a Name? ‘Reparations' at the Extraordinary Chambers in the Courts of Cambodia,” 21(1) Melbourne J. Int'l Law 115 (2020)O'Brien, Melanie, “Le Temps des Aveux/The Gate” (review), Law & Culture (2016)O'Brien, Melanie, From Discrimination to Death: Genocide Process through a Human Rights Lens (Routledge Press 2023)Sperfeldt, Christoph, “Collective Reparations at the Extraordinary Chambers in the Courts of Cambodia,” 12 (3), Int'l Criminal L. Rev 457 (2012)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.htmlYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
Matewan (written and directed by John Sayles) dramatizes the events of the Battle of Matewan, a coal miners' strike in 1920 in a small town in the hills of West Virginia. In the film, Joe Kenehan (Chris Cooper, in his film debut), an ex-Wobbly organizer for the United Mine Workers (also known as the “Wobblies”), arrives in Matewan, to organize miners against the Stone Mountain Coal Company. Kenehan and his supporters must battle the company's use of scabs and outright violence, resist the complicity of law enforcement in the company's tactics, and overcome the racism and xenophobia that helps divide the labor movement. Sayles's film provides a window into the legal and social issues confronting the labor movement in the early twentieth century and into the Great Coalfield War of that period. I'm joined by Fred B. Jacob, Solicitor of the National Labor Relations Board and labor law professor at George Washington University Law School. Fred's views on this podcast are solely his own and not those of the National Labor Relations Board or the U.S. Government.Timestamps:0:00 Introduction2:46 A miner's life7:44 The power of the mining companies12:25 Law's hostility to labor19:01 Violence and the labor movement25:33 Organizing the miners in Matewan30:08 Overcoming racial and ethnic tensions within the labor movement39:29 What was law and who was law46:40 The Battle of Blair Mountain51:54: From the Great Coalfield War to the National Labor Relations Act56:59 Barbara Kopple's Harlan County, USA1:01:59 The power of the strike Further reading:Green, James, The Devil Is Here in These Hills:West Virginia's Coal Miners and Their Battle for Freedom (2015)Hood, Abby Lee, “What Made the Battle of Blair Mountain the Largest Labor Uprising in American History,” Smithsonian Magazine (Aug. 25, 2001)Moore, Roger, “A Masterpiece that reminds us why there is a Labor Day,” Movie Nation (Sept. 2, 2024)Sayles, John, Thinking in Pictures: The Making of the Movie Matewan (1987)Zappia, Charles A., “Labor, Race, and Ethnicity in the West Virginia Mines: 'Matewan,'” 30(4) J. Am. Ethnic History 44 (Summer 2011) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.htmlYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
This episode looks at two films that examine the environmental disaster in Minamata, Japan: Noriaki Tsuchimoto's documentary, Minamata: The Victims and the World (1971), and Andre Levitas's Minamata (2020), a Hollywood feature film that tells the story through the famous American photographer, W. Eugene Smith. From 1932 to 1968, the Chisso Corporation, a local petrochemical and plastics maker, dumped approximately 27 tons of mercury into Minamata bay, poisoning fish and, ultimately, the people who ate them. Several thousand people died and many more suffered crippling injuries, with often severe mental and physical effects. The corporation's environmental pollution sparked legal and political battles that would last decades and reverberate throughout Japan. Joining me to discuss the films and the insights they provide into Japanese law and society, is Professor Darryl Flaherty. Darryl is a historian of law and social change in early modern and modern Japan. He has published work on the emergence of Japan's legal profession during the nineteenth century, the Meiji Restoration in world history, and the twentieth century history of the jury in Japan. He is an associate professor in the Department of History at the University of Delaware, where he teaches courses on Japanese, Asian, and world history. Timestamps: 0:00 Introduction2:13 The Chisso Chemical Corporation 4:58 The fishing life in Minamata 7:30 The discovery of methylmercury poisoning12:20 Movement politics and environmental protest in Japan16:44 The debilitating Minamata disease18:59 The Minamata pollution litigation22:03 Denial and violence by the Chisso Corporation 24:08 Government complicity 29:26 Discrimination and pushback against victims of Minamata pollution30:51 Strategies and challenges in obtaining compensation38:28 Noriaki Tsuchimoto, W. Eugene Smith, and the notoriety of Minamata44:51 A history of direct action in Japan and the importance of an apology48:30 Environmental reform and its limits in Japan52:14 A lens into the 2011 Fukushima disaster54:39 The limited role of lawyers in the films57:21 Minamata today59:07 The decline of political activism in Japan102:02 Take-aways and stories about storytellingFurther reading: Flaherty, Darryl, Public Law, Private Practice Politics, Profit, and the Legal Profession in Nineteenth-Century Japan (Harvard Univ. Asia Center, 2013)George, Timothy S., Minamata: Pollution and the Struggle for Democracy in Postwar Japan (Harvard Univ. Press, 2002) Smith, Eugene W. & Aileen M. Smith, Minamata: The Story of the Poisoning of a City, and of the People Who Chose to Carry the Burden of Courage (Holt, Rinehart, 1975)Upham, Frank K., Law and Social Change in Postwar Japan (Harvard Univ. Press, 1989)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.htmlYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
In this episode of the Safe Bet Show, supported by the Player Protection Hub, Martin Lycka is joined by Lou Rogacki, Deputy Director and Assistant Attorney General at the New Jersey Division of Gaming Enforcement (NJDGE) who talks about his background, experience working in the legal field and his role in the regulation of the gambling industry in New Jersey.The duo also discuss the NJDGE's commitment to responsible gambling, the Seton Hall Law School gambling compliance bootcamp and why collaboration is crucial between different states and jurisdictions.The Player Protection Hub is a membership-only news discussion and research hub dedicated to the global player protection and responsible gambling space. Designed to be the home of player protection news and multimedia content, and one-stop-shop for all relevant research, and to facilitate discussion led by our high-level membership base. The Player Protection Hub aims to raise industry standards across the board.Register here https://playerprotectionhub.com/Chapters00:00 Introduction and Background07:41 Lessons from the Division of Alcoholic Beverage Control11:26 Key Role in Internet Gaming and Sports Betting19:23 Working with Director Rebuck and Highlights of Their Interaction24:00 Commitment to Responsible Gambling and Continuous Improvement29:02 The Seton Hall Law School Gambling Compliance Bootcamp33:08 Sports Teams and the Role of Luck in Gambling36:16 Final Thoughts and Collaboration Among Regulators (00:00) - Introduction and Background (07:41) - Lessons from the Division of Alcoholic Beverage Control (12:01) - Key Role in Internet Gaming and Sports Betting (20:19) - Working with Director Rebuck and Highlights of Their Interaction (24:56) - Commitment to Responsible Gambling and Continuous Improvement (29:58) - The Seton Hall Law School Gambling Compliance Bootcamp (34:04) - Sports Teams and the Role of Luck in Gambling (37:12) - Final Thoughts and Collaboration Among Regulators
Black Hawk Down (2001) describes the plight of the U.S. crew of a Black Hawk helicopter that is shot down during the Battle of Mogadishu during the civil war in Somalia in October 1993. The battle resulted in the death of 18 American soldiers and hundreds of Somalis; it also prompted the U.S. withdrawal from Somalia after images of dead U.S. soldiers being dragged through the streets of Mogadishu by enraged Somalis were broadcast on American television. Directed by Ridley Scott from a book by Mark Bowden, Black Hawk Down is a gritty action movie that captures the brutal nature of urban warfare. It also provides a window into a host of complex international legal and political issues surrounding humanitarian intervention in the aftermath of the Cold War. Joining me is Greg Fox, Professor and Director of the Program for International Legal Studies at Wayne State University in Detroit. Professor Fox is a widely cited authority on international law and international organizations and a leader in a variety of academic and professional organizations.Timestamps:0:00 Introduction1:40 A primer on Somalia and its history6:40 The legal framework for the international humanitarian intervention9:50 The opportunities for intervention after the end of the Cold War15:33 Preparing to go into Somalia19:16 The pros and cons of intervention23:04 The U.S. shift on military intervention after the Vietnam War24:43 The challenges of intervening in civil wars33:47 International humanitarian law and urban warfare43:14 Legacies of the Battle of Mogadishu52:06 Internal debates within the UN over humanitarian intervention 54:55 What happened in Somalia after the Battle of MogadishuFurther reading:Bowden, Mark, Black Hawk Down: A Story of Modern War (1999)Carroll, Jonathan, “Courage Under Fire: Reevaluating Black Hawk Down and the Battle of Mogadishu,” 29 (3) War in History 704 (July 2022)Fox, Gregory H., Humanitarian Occupation (2008)Hakimi, Monica, “Toward a Legal Theory on the Responsibility to Protect,” 39(2) Yale J. Int'l L. 247 (2014)Lee, Thomas H., “The Law of War and the Responsibility to Protect Civilians: A Reinterpretation,” 55 Harv. Int'l L.J. 251 (2014)Luttwak, Edward N., “Give War a Chance,” Foreign Affairs (July/August 1999)Hathaway, Oona A. & Hartig, Luke, “Still at War: The United States in Somalia,” Just Security (Mar. 31, 2022)Wheeler, Nicholas J., Saving Strangers: Humanitarian Intervention in International Society (2002)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.htmlYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
A Separation (2011) is an Iranian drama written and directed by Asghar Farhadi. The film depicts the martial separation between a middle-class couple, Nadar (Peyman Moaadi) and his wife Simin (Leila Hatami). Simin wants the family to leave Iran to make a better life for their 10-year-old daughter Termeh, but Nadar does not want to leave his father who is suffering from Alzheimer's disease. So Nadar refuses to go and also refuses to give permission for their daughter to leave. The film also depicts the conflict that results when Nadar allegedly pushes his father's new, lower-income caregiver, Razieh (Sareh Bayat) down the stairs during an altercation, causing her to miscarry. A Separation centers around the two legal cases: the divorce proceedings between Nadar and Simin; and the criminal proceedings against Nadar. It provides a window not only into law in Iran but also into the complex forces of politics, class, and religion that shape modern Iranian society. To discuss this universally acclaimed and award-winning film, I'm joined by Golbarg Rekabtalaei, a professor of history at Seton Hall University and expert on Iran and Iranian cinema.Timestamps:0:00 Introduction2:21 An introduction to Iranian cinema7:21 The cosmopolitanism of Iranian cinema 10:45 Navigating government restrictions on cinema in Iran14:17 The legal context for A Separation16:18 Divorce law in Iran20:09 The film's opening scene24:02 Abortion and criminal law in A Separation31:13 Diyat (or “blood money” payments in Iran)35:44 Criminal investigations and procedure in Iran 39:30 Imprisonment of debtors41:44 A social drama that uses the court to broader themes46:25 The Green Movement and the political context for the film48:46 Other recommended films about Iranian law and societyFurther reading:Becker, Ben, “‘A Separation': Exploring Class, Marriage, and Morality through Iranian Culture,” Cinemablography Burke, Jospeh, “Rediscovering Morality through Asghar Farhadi's ‘A Separation,'” Senses of Cinema (Dec. 2011)Haqshenas, Saleh, Badiei, Sediqeh & Narmani, Hamid, “Iran's Perspective: A Deconstructive Analysis of "A Separation Movie" Through Application of Binary Opposition,” International Researchers vol 2, no. 1 (Mar. 2013)Kirshner, Jonathan, “Secrets, Lies, and Censorship: The Revelation of Asghar Farhadi's Films,” Boston Review (Aug. 14, 2024)Rekabtalaei, Golbarg, Iranian Cosmopolitanism: A Cinematic History (2019)Romig, Rollo, “Blood Money: Crime and Punishment in ‘A Separation,'” New Yorker (Feb. 24, 2012) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.htmlYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
This episode explores Bridge of Spies (2015), the Cold War legal and political thriller directed by Steven Spielberg (and written by Matt Charman, Ethan Coen, and Joel Coen). The film is based on the true story of American attorney James Donovan, who is assigned to represent Soviet spy Rudolf Abel after Abel is arrested in New York and prosecuted for espionage. The story takes a turn when American pilot Francis Gary Powers is captured by the Russians after his plane is shot down over the Soviet Union while conducting a surveillance mission. Donovan is then tasked with negotiating a high-stakes prisoner exchange—Abel for Powers—that culminates in a climactic scene on the Glienicke Bridge connecting Potsdam with Soviet-controlled East Berlin. The film is not only highly entertaining; it also provides a window into important legal issues around national security, criminal, and immigration law that still resonate today. Joining me to talk about Bridge of Spies are Lenni Benson, Distinguished Chair in Immigration and Human Rights Law at New York Law School, one of the nation's foremost authorities immigration law and a prominent advocate in the field, and Jeffrey Kahn, University Distinguished Professor at SMU Dedman School of Law, a leading scholar on constitutional and counterterrorism law, an expert on Russian law, and the author of a must-read article on the Abel case, published in the Journal of National Security Law and Policy. Timestamps: 0:00 Introduction2:19 Who were Rudolf Abel & James Donovan6:08 Cold War tensions and anxieties9:09 American justice on trial12:12 Misusing immigration law18:18 Abel's arrest and the legal issues in the case24:40 Abel's disappearance and coercive interrogation 30:23 A history of anti-communist hysteria 33:06 Cherry-picking from legal categories to avoid constitutional guarantees42:16 A frightening time for noncitizens engaged in political activity48:22 A foreshadowing of government abuses after 9/1153:55 A questionable citation to Yick Wo v. Hopkins59:17 The vast system of immigration detention105:24 Behind the Iron Curtain115:14 An ex parte conversation with the judge119:16 The aftermath for Abel, Donovan, and Francis Gary Powers123:31 The absence of women in important positions Further reading:Arthey, Vin, Like Father, Like Son: A Dynasty of Spies (2004)“‘Bridge of Spies': The True Story is Even Stranger Than Fiction,” ProPublica (Feb. 24, 2016)Donovan, James B., Strangers on a Bridge: The Case of Colonel Abel and Francis Gary Powers (1964)Epps, Garrett, “The Real Court Case Behind Bridge of Spies,” The Atlantic (Nov. 17. 2015)Kahn, Jeffrey D., “The Case of Colonel Abel,” 5 J. Nat'l Sec. L. & Pol'y 263 (2011)Sragow, Michael, “Deep Focus: ‘Bridge of Spies,'” Film Comment (Oct. 14, 2015) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.htmlYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
Chinatown (1974) is a neo-noir crime thriller, directed by Roman Polanski from a screenplay by Robert Towne. Based loosely on the Owens Valley water wars in Los Angeles from the early twentieth century, the film follows private investigator J.J. (“Jake”) Gittes (Jack Nicholson) as he pursues a series of leads that take him into the dark underbelly of power and corruption in 1930s Los Angeles. A woman claiming to be "Evelyn Mulwray” initially hires Gittes to follow her husband Hollis, whom she suspects of infidelity. Gittes discovers that Noah Cross (John Huston), the father of the real Evelyn Mulwray (Faye Dunaway), had Hollis, his former business partner and head of the Los Angeles Department of Water and Power, killed. Hollis had learned of Cross's plan to force famers in the Northwest valley to sell their land by cutting off their irrigating water and purchasing it through dummy syndicates on the cheap with the aim of developing the land into valuable Los Angeles real estate. Gittes also learns that the young woman he falsely suspected Hollis of having an affair with is Evelyn's sister and daughter—the product of Evelyn's rape by Cross when she was fifteen. While Gittes ultimately unravels the mystery, he is unable to stop the powerful Cross from achieving his goals or prevent the tragic fate that awaits Evelyn. My guest to talk about this venerated New Hollywood era classic is Emeritus Professor John Walton of the University of California, Davis.Timestamps:0:00 Introduction3:37 Chinatown's historical and literary elements6:28 How the film adapts historical events and figures 12:13 The private investigator in film and popular culture18:09 Jake Gittes and the power structure24:27 “Either you bring the water to LA, or you bring LA to the water”28:17 The private eye and the police32: 56 The mystery and impenetrability of power35:00 How Chinatown affects perceptions of the water wars38:43 Public law affecting water allocation and management40:05 The formalities of law and the power structure beneath it44:15 “The Defects of Total Power” Further reading:Brownstein, Ronald, “The 1970s Movie that Explains 2020s America,” The Atlantic (June 20, 2024)Hoffman, Abraham, Vision or Villainy: Origins of the Owens Valley-Los Angeles Water Controversy (1981)Kahrl, William L., “The Politics of the California Water: Owens Valley and the Los Angeles Aqueduct, 1900 – 1927,” Hastings West-Northwest J. Envt'l L. & Policy, vol. 6, nos. 1 & 2 (2000)Libecap, Gary D., “Chinatown: Owens Valley and Western Water Reallocation – Getting the Record Straight and What It Means for Water Markets,” 83 Texas L. Rev. 2055 (2005)Walton, John, “Film Mystery as Urban History: The Case of Chinatown,” Cinema and the City (M. Shiel & T. Fitzmaurice, 2001)Walton, John, The Legendary Detective: The Private Eye in Fact and Fiction (U. Chicago Press (2015) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
The Verdict (1982) tells the story of down-on-his-luck Boston lawyer, Frank Galvin (Paul Newman). Galvin had been a rising star until he was framed for jury tampering by a partner at his elite Boston law firm because he planned to expose the firm's illegalities. Galvin left the firm and his marriage and career fell apart. After Galvin hits rock bottom, his former partner and friend Mickey Morrisey (Jack Warden) sends him a medical malpractice case as a favor; the case involves a botched delivery and is expected to settle out of court for a significant sum. But Galvin is moved after visiting the woman in the hospital, where he sees her in a comatose state. Galvin refuses the settlement offer and takes the case to trial, where he confronts the hospital's high-powered and corrupt attorney Ed Concannon (James Mason) and a hostile judge (Milo O'Shea), Galvin also has a romantic relationship with another attorney, Laura Fischer (Charlotte Rampling) whom he meets in a bar but, unbeknownst to him, is a spy planted by Concannon. Galvin discovers the hospital is covering up its negligence. Although the judge excludes this evidence, Galvin wins a huge damage award as the jury sees the truth. The Verdict was directed by Sidney Lumet and written by David Mamet, adapted from Barry Reed's 1980 novel of the same name. It is a gripping courtroom drama and a moving story of redemption. My guest is John (“Rusty”) Wing, Senior Counsel at Lankler, Siffert & Wohl, and a nationally recognized criminal defense attorney (full bio here) Timestamps:0.00 Introduction3:23 A lawyer down on his luck6:26 Jury-tampering10:29 Rejecting a settlement offer without consulting the client17:58 Why judges pressure settlement 26:53 Prepping the witness32:05 The pretrial investigation41:23 A mistrial?44:09 The judge takes over the direct examination47:46 A heated fight in chambers49:57 The trial's pivotal moment51:54 The judge's evidentiary rulings57:37 The summation 59:20 Jury nullification106:23 A comparison with "12 Angry Men"Further reading:Bergman, Paul & Asimow, Reel Justice: The Courtroom Goes to the Movies (2006)Mikulee, Sven, “‘The Verdict': Sidney Lumet and David Mamet's Masterpiece as a Blend of a Courtroom Drama and a Personal Redemption Story,” Cinephilia and Beyond Parker, Richard D., “The Good Lawyer: The Verdict” in Screening Justice – The Cinema of Law: Significant Films of Law, Order and Social Justice (Rennard Strickland et. al. eds., 2006)Souther, Sharon A., “The Artist's Search for Justice in the Justice System: A Discussion of Representative Films of Sidney Lumet and Works from the World of Literature on the Law,” 25 Cardozo Arts & Ent. L.J. 687 (2007)Valero, Geraldo, "Revisiting Sidney Lumet's The Verdict," RogerEbert.com (Aug. 15, 2023)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
Elizabeth: The Golden Age (2007) centers on the plot to assassinate Queen Elizabeth I of England, the arrest and execution of Mary, Queen of Scots (Elizabeth's cousin), and King Phillip II of Spain's attempt to topple Elizabeth and install a Catholic monarch on the English throne, which culminates in England's defeat of the Spanish Armada in 1588. The film also portrays the complex emotional triangle involving Elizabeth, the English statemen, soldier, and explorer Sir Walter Raleigh, and Elizabeth's lady-in-waiting, Beth Throckmorton, whom Raleigh marries and has a child with. (The film depicts Elizabeth as enamored with Raleigh). Directed by Shekhar Kapur, from a script by William Nicholson and Michael Hirst, the film is a sequel to Kapur's Elizabeth (1998). The cast includes Cate Blanchett (Queen Elizabeth I), Clive Owen (Walter Raleigh), Geoffrey Rush (Elizabeth's spymaster Sir Francis Walsingham), Samantha Morton (Mary, Queen of Scots); Abbie Cornish (Beth Throckmorton); and Jordi Mollà (Phillip II of Spain). In addition to dramatizing this critical and memorable period of English history (albeit with some notable historical inaccuracies), the film provides a window into important and timely legal issues around torture, trial for matters of state, and piracy in Tudor England. I'm joined by Alka Pradhan, a leading human rights attorney, adjunct professor at the University of Pennsylvania Carey Law School, and Tudor history buff. (Alka's full bio is here)Timestamps:0:00 Introduction3:38 Queen Elizabeth I and the film's historical context 9:14 The Babington assassination plot 15:38 Mary's letters and the evidence of guilt16:53 Torture and torture warrants during Elizabeth I's reign22:51 Walsingham, the spy master24:08 The trial of Mary Queen of Scots32:38 The Defeat of the Spanish Armada36:18 The law of piracy38:24 Elizabeth, Walter Raleigh, and Beth Throckmorton44:56 More on depicting torture and trials on film 48:44 What the movie and Tudor history can tell us about contemporary society Further reading:Cooper, John, The Queen's Agent: Sir Francis Walsingham in Elizabethan England (2013)Lewis, Jayne E., The Trial of Mary Queen of Scots: A Brief History with Documents (1999)Martin, Colin & Parker, Geoffrey, The Spanish Enterprise and England's Deliverance in 1588 (2023)Read, Andrew, “Pirates and Privateers in Elizabethan England,” in The Laws of Yesterday's Wars (Samuel C. Duckett White ed. 2021)Webb, Simon, A History of Torture in England (2018)Williams, Kate, Rival Queens: The Betrayal of Mary Queen of Scots (2021)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
This episode explores Atom Egoyan's 1997 film, The Sweet Hereafter, which describes the impact of a tragic school bus accident that caused the death of 14 children on a small Canadian town. The film is based on Russell Banks' 1991 novel of the same name (which in turn was based on a real-life bus crash in Texas). The film centers on personal injury lawyer Mitchell Stephens (Ian Holm), who travels to the town after the accident in an attempt to persuade the parents of the children to bring a negligence lawsuit. The controversy generated by the lawsuit ripples through the community and is explored through several characters in the town, including Nicole (Sarah Polley), a teenage girl who is left paralyzed from the waist down by the accident; Dolores Driscoll (Gabrielle Rose), the bus driver on the fateful, day; and various parents who have sharply conflicting views on the lawsuit. The Sweet Hereafter, however, is much more than a story about tort litigation; it explores larger philosophical questions around justice, community norms, and the role of law in addressing life's most painful tragedies. I am joined by Seán Patrick Donlan, a Professor of Law at Thompson Rivers University in British Columbia, Canada.Timestamps:0:00 Introduction3:18 Recruiting plaintiffs for a class action lawsuit9:58 Judith Shklar's distinction between misfortune and injustice14:20 Law and defense of community21:45 The loss of children28:52 The deposition that unravels the case39:13 Assigning blame and scapegoating47:02 More on Atom Egoyan 49:13 The role of the Pied PiperFurther reading:Banks, Russell, The Sweet Hereafter (1991)Fried, Margaret J. & Frolik, Lawrence A. “The Limits of Law: Litigation, Lawyers, and the Search for Justice in Russell Banks' ‘The Sweet Hereafter,'” 7 Cardozo Stud. Law & Lit. 1 (1995)Menkel-Meadow, Carrie, “Can They Do That? Legal Ethics in Popular Culture: Of Characters and Acts,” 48 U.C.L.A. L. Rev. 1305 (2001)O'Neill, Timothy P., “There Will Be Blame: Misfortune and Injustice in ‘The Sweet Hereafter,'” 5 U. Denv. Sports & Ent. L.J. 19 (2008)Sarat, Austin, “Exploring the Hidden Domains of Civil Justice: ‘Naming, Blaming, and Claiming' in Popular Culture,” 50 DePaul L. Rev. 425 (2000)Scherr, Alexander & Farber, Hillary, “Popular Culture as a Lens on Legal Professionalism,” 55 S.C. L. Rev. (2003)Shklar, Judith, The Facts of Justice (1990)Weisberg, Richard H., “‘The Verdict' Is In: The Civic Implications of Civil Trials,” 50 DePaul L. Rev. 525 (2000) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
This episode examines Absence of Malice, a 1981 drama directed by Sidney Pollack. After Miami-based newspaper reporter Megan Carter (Sally Field) is tipped off by Justice Department organized crime strike force chief Elliot Rosen (Bob Balaban) about a criminal investigation into the disappearance and likely murder of a local union official, her paper runs a sensational front-page story. But the supposed target of the investigation, Michael Gallagher (Paul Newman), the son of an infamous bootlegger, is innocent; Rosen, the strike force chief, has leaked his name to the press to try to squeeze Gallagher for information. Gallagher is incensed and tries to pressure Megan to reveal her source. Megan initially refuses but later relents after her story unexpectedly leads to the tragic death of a friend of Gallagher's. Gallagher and Megan also become romantically involved. Gallagher hatches a plot to get even and get the government off his back. He causes an unsuspecting Megan to write another sensational story, this time implicating the District Attorney in a bribery scheme that Gallagher has invented. When the truth is revealed, both the prosecutors and the newspaper are humiliated, the victims of their own game of leaking information and reporting about it. Absence of Malice provides an insightful, if unflattering, picture of how newspapers operate and some of the ethical and moral complications that can result from the robust protections afforded the press under the First Amendment. I'm joined by Brian Hauss, a senior staff attorney with the ACLU Speech, Privacy, and Technology Project, who has litigated numerous landmark First Amendment cases. Timestamps:0:00 Introduction3:31 The meaning of “absence of malice” 8:15 Deciding what a paper can print11:22 A skeptical take on the absence of malice standard 15:02 The meaning of “public figure”20:47 A newspaper reporter's First Amendment privilege?26:10 How the government handles leaks30:20 A troubling increase in leak prosecutions32:31 The “Leaky Leviathan”: How the government uses leaks39:06 The obligations of the press42:43 The legal vs. ethical obligations of the press48:11 Assessing critiques of the absence of malice standard 54:59 Timeless questions explored by the filmFurther reading:Adler, Renata, Reckless Disregard: ‘Westmoreland v. CBS et al. & Sharon v. Time (1986)Barbas, Samantha, The Enduring Significance of ‘New York Times Co. v. Sullivan,' Knight First Amendment Institute (Mar. 18, 2024) Liptak, Adam, “Clarence Thomas Renews Call for Reconsideration of Landmark Libel Ruling,” N.Y. Times (Oct. 10, 2023)Pozen, David E., “The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information,” 127 Harv. L. Rev. 512 (2013)Stone, Geoffrey R., “Why We Need a Federal Reporter's Privilege,” 34 Hofstra L. Rev. 39 (2005) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
Inherit the Wind (1960) is a fictionalized account of the 1925 Scopes “Monkey Trial," where a local teacher is prosecuted for teaching about human evolution in public school in violation of state law. The film was directed by Stanley Kramer and is based on a play by Jerome Lawrence and Robert Edwin Lee. It stars Spencer Tracy as Henry Drummond (patterned after celebrated defense attorney Clarence Darrow), Frederic March as the prosecutor Matthew Harrison Brady (patterned after famous three-time presidential candidate and renowned fundamentalist Christian spokesperson, William Jennings Bryan); Dick York as Bertram T. Cates (patterned after high school science teacher John Scopes), and Gene Kelly as reporter E. K. Hornbeck (patterned after H.L. Mencken). Fans of the TV series M*A*S*H will also enjoy seeing Harry Morgan as the trial judge. The film not only provides a glimpse into the role of religion in public life in American in the 1920s; it also contains important messages about conformism and freedom of thought directed at the McCarthyism of its own era—messages that continue to reverberate today. My guest to talk about Inherit the Wind is film critic Nell Minow (bio here).Timestamps:0.00 Introduction4:52 The era of the Scopes “monkey trial”8:34 The Scopes trial as a “test” case12:25 The decision to exclude evidence of evolution18:40 The later theory of “intelligent design”20:30 Clarence Darrow's classic cross-examination of William Jennings Bryan23:27 Miracle on 34th Street and how courts resolve disputes about faith24:40 The film as a response to the McCarthy era26:14 The verdict and aftermath30:10 The power and methods of the religious right today 34:22 The impact of Inherit the Wind and other “issue movies”37:06 The film's continuing relevanceFurther reading:Austerlitz, Saul, "Rethinking Stanley Kramer: How a message-movie humanist became an auteurist punching bag," Moving Image Source (Aug. 25, 2010)Farrell, John F., Clarence Darrow: Attorney for the Damned (2011)Minow, Nell, “‘An Idea Is a Greater Monument Than a Cathedral': Deciding How We Know What We Know in ‘Inherit the Wind,'” 30 U. San Fran. L. Rev. 1225 (1996)National Center for Science Education, “Ten Major Court Cases about Evolution and Creationism” (June 6, 2016)Sprague de Camp, Lyon, The Great Monkey Trial (1968)Uelman, Gerald F., “The Trial as Circus: ‘Inherit the Wind,'” 30 U. San Fran. L. Rev. 1221 (1996)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
The Caine Mutiny (1954) is based on Herman Wouk's bestselling Pulitzer Prize winning novel of the same name. The film, directed by Edward Dmytryk and produced by Stanley Kramer, portrays the fictitious events on board the U.S.S. Caine, a Navy destroyer-minesweeper in the Pacific during World War II. Executive officer, Lt. Stephen Maryk (Van Johnson), relieves the seemingly unstable Lt. Commander Philip Francis Queeg, Captain of the USS Caine, of his command after Queeg (Humphrey Bogart) endangers the ship and its crew during a cyclone. The ship returns to the U.S. and Maryk is court-martialed for mutiny. He is represented by Navy lawyer, Lt. Barney Greenwald (José Ferrer), who despite disapproving of Maryk's actions, believes Maryk was misled by the ship's communications officer, Lt. Tom Keefer (Fred MacMurray), into believing Queeg was mentally unfit for command. Maryk is acquitted after Greenwald effectively places Queeg on trial by his exposing Queeg's erratic and paranoid behavior. The Caine Mutiny Court-Martial (2023), directed by the late William Friedkin, is based on Wouk's adaption of his own 1951 novel for the stage. In contrast to the 1954 film, The Caine Mutiny Court-Martial covers only the court-martial. The cast includes Jake Lacy as Maryk, Jason Clarke as defense attorney Greenwald, Monica Raymund as prosecutor Lt. Commander Katherine Challee, the late Lance Reddick as the presiding judge Captain Luther Blakley, and Kiefer Sutherland in a phenomenal performance as Queeg. The films are not only gripping courtroom dramas, but also explore larger themes around military justice, ethics, and morality. With me to discuss these films is Eugene (Gene) Fidell, a visiting Lecturer in Law at Yale Law School and co-founder of the National Institute of Military Justice.Timestamps:0:00 Introduction3:58 What's a court-martial?9:14 The crime of mutiny17:48 Relieving Queeg of his command27:36 Putting Queeg on trial29:33 Taking some poetic license with a court-martial34:44 The defense lawyer's post-trial critique of the mutiny41:21 The dramatic changes in the Navy and armed forces since the original movie 47:12 More context for the two Caine Mutiny movies50:21 Other great movies about military justice Further reading:“The Humphrey Bogart Blogathon: ‘The Caine Mutiny' (1954),” Dec. 23, 2016, https://back-to-golden-days.blogspot.com/2016/12/the-humphrey-bogart-blogathon-caine.htmlKelly, Kevin M., “You Murdered Queeg: Lawyers, Ethics, Military Justice, and ‘The Caine Mutiny,'” 1991 Wis. L. Rev. 543 (1991)Melville, Herman, Billy Budd (1924)Rosenberg, Norman L., “‘The Caine Mutiny': Not Just One But Many Legal Dramas,” 31 J. Mar. L. & Com. 623 (2000)Wouk, Herman, The Caine Mutiny (1951)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
This episode looks at “Law Films You Won't Want to Miss,” a recent list of "the most captivating legal themed movies," published in U.S. News and World Report. Which movies are on the list? Which didn't make the cut? And what does the list tell us about “law movies”—and of great law movies? One film on the list may be something of a surprise: Miracle on 34th Street (1947) written and directed by George Seaton, from a story by Valentine Davies. In this Christmas holiday classic, the events director of Macy's Department Store in NYC, Doris Walker (Maureen O'Hara) hires an old man named Kris Kringle (Edmund Gwenn, who won an Oscar as best supporting actor) to serve as Macy's Santa Clause after the prior Santa is fired for being a drunk. Kringle not only closely resembles Santa Clause but believes he is Santa. Kringle is welcomed into Doris's home and makes a favorable impression on Doris's daughter Susan (Natalie Wood). Kringle also makes an impression at work. He advises one customer to go to another store when Macy's can't fulfill her son's request for a particular toy instead of trying to sell her something else. This turns out to be a public relations stroke of genius, demonstrating Macy's concern for and loyalty to its customers. But Kringle's success at Macy's doesn't last. He gets into a dispute with another employee who insists Kringle be fired and put into a mental hospital. A civil commitment hearing takes place, where the question centers on whether Kringle's belief that he is Santa Clause shows he is insane. Miracle on 34th Street raises timeless questions how law should treat beliefs. I'm joined by Ashley Merryman, the author of the list, “Law Films You Won't Want to Miss.”Timestamps:0:00 Introduction4:21 The top law movies5:16 What makes a great law movie9:19 Witness for the Prosecution and other favorites16:16 Erin Brockovich and why great law movies aren't always courtroom dramas22:54 Some also-rans29:45 Why Miracle on 34th Street made the list31:53 A take on how politics informs courts and trials35:34 Proving Santa Claus through a federal postal regulation39:47 The legal realism of Miracle on 34th Street41:40 When holiday movies were released in the spring45:34 When courts are the arbiter of beliefs 51:04 Fun facts in compiling the best law movies list57:29 Introducing the new Q & A segmentFurther reading:Davis, Kevin, "The 25 Greatest Legal Movies: Expanding the Boundaries," ABA Journal (Aug. 2018) Merryman, Ashley, “Law Films You Won't Want to Miss,” U.S. News & World Report (Feb. 1, 2024)Minnow, Nell, “An Idea Is a Greater Monument than a Cathedral: Deciding How We Know What We Know in ‘Inherit the Wind,'” 30 U.S.F. L. Rev. 1225 (1996) Olear, Greg, “‘Miracle on 34th Street': Best Christmas movie ever,”? Salon (Dec. 24, 2012) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast
Eight Men Out (1988) is a dramatization of professional baseball's infamous Black Sox scandal, in which eight members of the Chicago White Sox conspired with gamblers to intentionally lose the 1919 World Series to the Cincinnati Reds. The film, which was directed by John Sayles, is based on Eliot Asinof's 1963 book, Eight Men Out: The Black Sox and the 1919 World Series. It recounts how a group of White Sox players conspired with an array of gamblers, including notorious underworld financier Arnold Rothstein (a/k/a “The Big Bankroll”), to throw the series in return for cash. After the Sox, who some consider one of the greatest baseball teams of all time, lose the series, suspicions grow that there had been a fix based on rumors and the nature of some players' poor performances. Eight players are charged with conspiracy and tried in Chicago in 1921. Although the players are all acquitted, baseball's new commissioner, Judge Kenesaw Mountain Landis, banishes them all for life from baseball, a bold move that some believe saved the game of baseball, which was still in its relative infancy, and enabled it to become “America's pastime.” Debates around the events continue to this day, including over the level of involvement of some players and the draconian nature of the punishment. With me to discuss this movie are Robert Boland and Brett Max Kaufman. Timestamps:0:00 Introduction4:19 Baseball circa 191910:30 Betting and game fixing in baseball17:43 The reserve clause 20:17 Unpacking the verdict at the Black Sox trial22:48 Judge Kenesaw Mountain Landis: Baseball's first commissioner31:35 The treatment of “Shoeless” Joe Jackson and the Black Sox35:35 Sportswriters 40:18 The reemergence of sports gambling50:32 A memorable John Sayles film53:34 Class and culture in baseball55:18 The lasting impact of the Black Sox scandal Further reading:Asinof, Eliot, Eight Men Out: The Black Sox and the 1919 World Series (1963)Lamb, William F., Black Sox in the Courtroom: The Grand Jury, Criminal Trial, and Civil Litigation (2013)Linder, Douglas, The Black Sox Trial: An Account (2007) Pachman, Matthew B, “Limits on Discretionary Powers of Professional Sports Commissioners: A Historical and Legal Analysis of Issues Raised by the Pete Rose Controversy,” 76 Va. L. Rev. 1309 (1990)Pollack, Jason M., “Take My Arbitrator, Please: Commissioner ‘Best Interests' Disciplinary Authority in Professional Sports,” 67 Fordham L. Rev. 1645 (1999)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Earlier this week, a sudden development came in the ongoing stadium saga of the Chicago Bears: Instead of making use of the Arlington Heights land they acquired last year, it seems now the focus is on a new project south of their current Soldier Field domain -- on the city's lakefront -- with $2 billion of their own money. This week, host and producer Jim Hanke welcomes stadium finance expert Robert Boland, an assistant professor of sports law at Seton Hall Law School, to get his take on this potential new deal, and how other major sports cities have handled their own stadium debates on public vs. private funding. Follow Jim Hanke on X | Follow Robert Boland on X Follow WBBM Newsradio: TikTok | Facebook | Instagram | X
Earlier this week, a sudden development came in the ongoing stadium saga of the Chicago Bears: Instead of making use of the Arlington Heights land they acquired last year, it seems now the focus is on a new project south of their current Soldier Field domain -- on the city's lakefront -- with $2 billion of their own money. This week, host and producer Jim Hanke welcomes stadium finance expert Robert Boland, an assistant professor of sports law at Seton Hall Law School, to get his take on this potential new deal, and how other major sports cities have handled their own stadium debates on public vs. private funding. Follow Jim Hanke on X | Follow Robert Boland on X Follow WBBM Newsradio: TikTok | Facebook | Instagram | X
Earlier this week, a sudden development came in the ongoing stadium saga of the Chicago Bears: Instead of making use of the Arlington Heights land they acquired last year, it seems now the focus is on a new project south of their current Soldier Field domain -- on the city's lakefront -- with $2 billion of their own money. This week, host and producer Jim Hanke welcomes stadium finance expert Robert Boland, an assistant professor of sports law at Seton Hall Law School, to get his take on this potential new deal, and how other major sports cities have handled their own stadium debates on public vs. private funding. Follow Jim Hanke on X | Follow Robert Boland on X Follow WBBM Newsradio: TikTok | Facebook | Instagram | X
Earlier this week, a sudden development came in the ongoing stadium saga of the Chicago Bears: Instead of making use of the Arlington Heights land they acquired last year, it seems now the focus is on a new project south of their current Soldier Field domain -- on the city's lakefront -- with $2 billion of their own money. This week, host and producer Jim Hanke welcomes stadium finance expert Robert Boland, an assistant professor of sports law at Seton Hall Law School, to get his take on this potential new deal, and how other major sports cities have handled their own stadium debates on public vs. private funding. Follow Jim Hanke on X | Follow Robert Boland on X Follow WBBM Newsradio: TikTok | Facebook | Instagram | X
Anatomy of a Fall (2023) is an acclaimed French drama directed by Justine Triet, from a screenplay she co-wrote with her real-life partner, Arthur Harari. The movie centers on the criminal trial of a writer (Sandra Hüeller) who is accused of killing her husband (Samuel Maleski) in a small town in the French Alps. The film operates on multiple levels. On one level, it dissects the circumstances surrounding Samuel's death. What caused him to fall from the window of their chalet? Was he pushed? Or did he jump? On another level, the film dissects the deteriorating marriage between Sandra and Samuel and the complex family dynamics surrounding their 11-year-old-son Daniel (Milo Machado-Graner). The film offers a close look at a French criminal investigation and trial. More broadly, it raises questions about the reliability of human memory, the elusive nature of truth, and the complex relationship between law and justice. My guests to discuss Anatomy of a Fall are Fred Davis and Samuel Bettwy.Timestamps:0:00 Introduction3:59 Coming up with a defense strategy9:17 A case about doubt11:36 Pretrial investigations in France15:56 Victims' counsel (partie civile) in France18:50 The role of the investigating magistrate22:03 The presiding judge and the other participants at trial 26:39 Unpacking the seeming “chaos” in the courtroom29:07 Why defendants testify at trial in France34:06 Liberté de la preuve and the treatment of evidence 39:17 The treatment of juveniles under French law43:39 Daniel's pivotal testimony46:13 Appeals of acquittals by the prosecution47:15 Influences on the director 50:37 Expert testimony52:51 The justice system as metaphor Further reading:“Anatomy of a Fall asks the question, ‘Would you like to be judged like that?,'” Actu-Juridique.fr (interview with Vincent Courcelle-Labrousse) (Sept. 11, 2023)“‘Anatomy of a fall': to judge or to administer justice?” Dalloz Actualité (Mar. 4, 2023)Bettwy, Samuel W., Comparative Criminal Procedure Through Film: Analytical Tools & Law and Film Summaries by Legal Tradition and Country (2015)Bordages, Anaïs, “'Anatomy of a Fall,' the anti-trial film,” Slate (May 21, 2023)Dervieux, Valérie-Odile, "'Anatomy of a fall' or fantasy justice," Actu-Juridique.fr (Aug. 24, 2023) Kirry, Antoine, Davis, Frederick T. & Bisch, Alexander, “France,” in The International Investigations Review (Nicolas Bourtin ed.) (10th ed. 2020) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Killers of the Flower Moon (2023) describes the series of murders of members of the Osage Nation in Oklahoma in the early 1920s. Because tribal members retained mineral rights on their reservation, they became extraordinarily wealthy after oil was discovered on tribal land. This leads a corrupt local boss, William K. Hale (Robert De Niro), to conspire with others in the community to deprive the Osage of their wealth by murdering them. Directed by Martin Scorsese and based on the 2017 book by David Grann, Killers of the Flower Moon focuses on the plot by Hale and his two nephews, Ernest Burkhart (Leonardo DiCaprio) and Byron Burkhart (Scott Shepherd), to take the oil rights of one Osage family. Hale's scheme is for Ernest to marry one of the sisters in the family, Mollie (Lily Gladstone), and then kill her other family members before finishing off Mollie herself so that Ernest can inherit Mollie's headrights. Eventually, federal agents come to Oklahoma to investigate the murders and uncover Hale's plot, saving Molly and uncovering evidence to prosecute Hale and Ernest. But this is only after many Osage are murdered and their wealth stolen in a chilling story of violence, greed, and the racially motivated devastation of the Osage Tribe. I'm joined by Wilson Pipestem, a partner at Pipestem Law and citizen of the Otoe-Missouria Tribe and an Osage headright holder, who has dedicated his career to protecting the rights of tribal governments and American Indians.Timestamps:0:00 Introduction4:26 The historical context and Osage tribal rights14:35 The stereotype of rich Osages15:25 Legal trusts and exploitation of the guardianship system22:17 How limits on federal and tribal jurisdiction led to violence and impunity26:30 Fear and terror in the Osage community29:48 The federal investigation32:06 The level of local complicity in the Osage murders33:55 The treatment of the Osage as “incompetent” under the law38:33 Capturing Osage tradition and belief on screen41:27 Mollie and Ernest's complex relationship45:50 How the Osage overcame a legacy of violence and impunity 48:50 The role of law and lawyers51:58 How Martin Scorsese listened to and engaged the Osage peopleFurther reading:Bahr, Sarah, “What to Know About ‘Killers of the Flower Moon': A Guide to the Osage Murders,” N.Y. Times (Oct. 23, 2023)Blackhawk, Ned, The Rediscovery of America: American Indians and the Unmaking of U.S. History (2022)Fletcher, Matthew L.M., “Failed Protectors: The Indian Trust and ‘Killers of the Flower Moon,'” 117 Mich. L. Rev. 1253 (2019)Grann, David, Killers of the Flower Moon: The Osage Murders and the Birth of the FBI (2017)Strickland, Rennard, “Osage Oil: Mineral Law, Murder, Mayhem, and Manipulation,” 10 Nat. Resources & Env't. 39 (1995-96)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Oppenheimer (2023) stars Cillian Murphy as J. Robert Oppenheimer, the American theoretical physicist known as the “father of the atomic bomb” for his role as director of the Los Alamos Laboratory during World War II . The film was written and directed by Christopher Nolan, based on the book, American Prometheus by Kai Bird and Martin Sherwin. The film traces Oppenheimer's early life, his rise to world prominence through the Manhattan Project, and his subsequent downfall after being stripped of his security clearance in 1954 due to his alleged past communist sympathies and outspoken criticism of the nuclear arms race. The cast includes Emily Blunt as Oppenheimer's wife “Kitty”; Matt Damon as General Leslie Groves, the Manhattan Project's director; Robert Downey Jr. as Lewis Strauss, chair of the U.S. Atomic Energy Commission and rival of Oppenheimer; and Florence Pugh as Oppenheimer's lover and former Communist party member, Jean Tatlock. The film provides a window not only into one of the 20th century's most iconic figures, but also into the political and social forces that surrounded the birth of the Atomic Age and America's transition from World War II to the Red Scare and Cold War. My guest is Audra Wolfe, a writer and historian who focuses on the role of science during the Cold War.Timestamps:0:00 Introduction4:01 Reinvigorating debates about the bomb7:48 Oppenheimer's views in context14:46 The factors driving the decision to drop the bomb17:32 Was secrecy really required?19:49 Science in Germany vs. the Soviet Union24:14 FBI surveillance of Oppenheimer and other scientists28:46 Revocation of Oppenheimer's security clearance37:37 Oppenheimer's complicated legacy41:09 Castle Bravo and nuclear testing: another seminar Cold War moment45:01 Leslie Groves, Oppenheimer, and scientists with leftist affiliations51:20 Vannevar Bush and other early Cold War science figures53:45 Congress's hearing on Lewis Strauss' cabinet nomination1:00:17 The film's broader messages and lessons for today1:04:37 Making nuclear weapons front and center1:08:26 “Barbenheimer”Further reading:Bernstein, Barton, “The Oppenheimer Loyalty-Security Case Reconsidered”, 42 Stan. L. Rev. 1383 (1990)Bird, Kai & Sherwin, Martin J., American Prometheus: The Triumph and Tragedy of J. Robert Oppenheimer (2005)Curtis, Charles, The Oppenheimer Case: The Trial of a Security System (1955)Sims, David, “‘Oppenheimer' Is More Than a Creation Myth About the Atomic Bomb,” The Atlantic (July 19, 2023)Wellerstein, Alex, Restricted Data: The History of Nuclear Secrecy in the United States (2021)Wolfe, Audra J., Freedom's Laboratory: The Cold War Struggle for the Soul of Science (2020) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Eye in the Sky (2015), directed by Gavin Hood from a script by Guy Hibbert, depicts the operation of a multinational team aimed at high-level operatives from the Al-Shabaab terrorist group in Nairobi, Kenya. When the British army learns of the location of the suspects, it plans to capture them. But surveillance reveals the suspects are preparing two new recruits to carry out a suicide bombing. British military officials, with their U.S. partner, seek to shift the operation from capture to kill. Officials must decide whether to authorize a lethal drone strike to avoid a possible terrorist attack, despite the possibility of civilian casualties, including of a young girl who is nearby. Eye in the Sky, which stars Helen Mirren, Aaron Paul, Barkhad Abdi, and Alan Rickman (in his last screen role), depicts the new reality of drone warfare and the complex legal and moral issues it raises. I'm joined by Craig Martin, Professor of Law at Washburn University School of Law and the creator and host of the JIB/JAB: The Laws of War Podcast (https://jibjabpodcast.com), which features top and upcoming experts in different aspects of the laws of war.Timestamps:0:00 Introduction4:41 Background for the military operation6:42. Does the law of armed conflict even apply?13:14 A drone strike in a friendly country not at war16:54 Why Kenya's consent and involvement matters19:10 Who is targetable under IHL?26:31 Applying the jus in bello factors30:42 The policy and strategic issues34:40 "Revolutions are fueled by postings on YouTube"36:52 The “Trolley Problem”40:27 Is targeted killing a misnomer?44:23 "Group Think” in drone operations47:00 The impact of drone warfare on the participants51:44 The role of lawyers55:22 The “double tap” and the movie's clear war crime58:43 Other great movies about the laws of war Further reading:“‘Eye in the Sky' film puts the use of drones in the spotlight,” PBS News Hour (Mar 18, 2016) (transcript)Martin, Craig, “A Means-Methods Paradox and the Legality of Drone Strikes in Armed Conflict,” 19 Int'l J. Hum. Rights 142 (2015)Melzer, Nils, Targeted Killing in International Law (Oxford Univ. Press 2009)Milanovic, Marko, “Eye in the Sky,” EJIL: Talk (May 9, 2016)Stimson Center, Recommendations and Report of the Task Force on U.S. Drone Policy (2d ed. Apr. 2015) The White House, Remarks by the President at the National Defense University (May 23, 2013)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Norma Rae (1979) describes the struggle of Norma Rae Webster (Sally Field), a factory worker with limited education, to unionize a textile mill in North Carolina. The film was directed by Martin Ritt from a screenplay by Irving Ravetch and Harriet Frank Jr., and is based on the true story of Crystal Lee Sutton (as told in the 1975 book Crystal Lee, A Woman of Inheritance by New York Times reporter Henry P. Leifermann). Reuben Warshowsky (Ron Leibman), a union organizer from New York City, persuades Norma to help him organize a union. But Norma and Reuben must overcome a series of obstacles, including pressure and harassment from management as well as internal divisions among the textile workers. Norma, moreover, must navigate issues in her personal life, including with her new husband Sonny (Beau Bridges), who resents Norma's growing commitment to the union. Ultimately, Norma succeeds as the workers vote to unionize. The film offers a snapshot of the labor movement on the cusp of the Reagan era in American and features a memorable, Oscar-winning performance by Sally Field in the title role. My guest is Fred B. Jacob, Solicitor of the National Labor Relations Board and labor law professor at George Washington University Law School. Fred's views on this podcast are solely his own and not those of the National Labor Relations Board or the U.S. Government.Timestamps:0:00 Introduction3:33 An inflection point in U.S. labor history6:40 Unionizing the textile industry13:29 The clash between culture and economics14:03 Organizing a workplace 21:08 How unions are protected24:17 A snapshot of the middle of the J.P. Stevens campaign27:08 How the law operates in Norma Rae28:38 Management's pressure tactics31:09 Why you need a “Norma Rae” when trying to organize people32:46 The film's iconic moment of worker power35:30 Violence against the labor movement40:17 Management's exploitation of racial divisions49:58 How the union helps empower Norma 53:57 What happened next at the factory59:30 Crystal Lee Sutton: The real Norma Rae1:01:36 Unions today1:05:14 How the National Labor Relations Act helps people to be brave1:08:51 Other great labor moviesFurther reading:Allan, Angela, “40 Years Ago, ‘Norma Rae' Understood How Corporations Weaponized Race,” The Atlantic (Mar. 2, 2019)Dray, Philip, There is Power in a Union (2011)Dubofsky, Melvyn & McCartin, Joseph A., Labor in America: A History (9th ed. 2017)Fry, Naomi, “The Ongoing Relevance of ‘Norma Rae,'” New Yorker (Aug. 4. 2020)Kazek, Kelly, “When Hollywood came to Alabama to film 'Norma Rae,'” Al.com (May 3, 2019)Leifermann, Henry P., Crystal Lee, A Woman of Inheritance (1975)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Matt Skinner is a public defender with passion. Criminal defense is high-stakes, sometimes chaotic work that can be extremely difficult, but Matt navigates the courts, clients, and his career with genuine sincerity and excitement. As a lawyer for those who are accused of felonies but cannot afford a lawyer, his love for underdogs fuels his advocacy. It was a profound experience in high school, however, that set him on this path. On a high school trip to the local jail, he ran into two of his friends--behind bars. Matt is a 2018 graduate of Seton Hall Law School.This episode is hosted by Katya Valasek.Mentioned in this episode:Learn more about Rutgers LawLearn more about William & Mary Law SchoolLearn more about Rutgers LawAccess LawHub today!Colorado LawLearn more about Colorado LawLearn more about Vermont Law
A Civil Action (1998) is based on Jonathan Harr's critically acclaimed book of the same name. Written and directed by Steve Zaillian, the film starts John Travolta, and features supporting performances by Robert Duvall (who was nominated for an Oscar), William H. Macy, James Gandolfini, John Lithgow, Kathleen Quinlan, and Tony Shalhoub. The film tells the true the story of the court battle over environmental pollution in Woburn, MA, in the 1970s and 1980s, where trichloroethylene (TCE), a solvent used in industrial operations, contaminated the local water supply, leading to numerous fatal cases of leukemia (including in small children) and other health problem for Woburn residents. Personal injury lawyer Jan Schlichtmann, brought suit on behalf of a group of victim families against two large corporations, Beatrice Foods and W.R. Grace, to hold them responsible for the pollution (a third company previously settled). But the suit ran into dogged resistance from large and powerful law firms on the other side, including WilmerHale (then Hale and Dorr) and one of its star litigators, Jerome ("Jerry") Facher (Robert Duvall). The film offers a dark view of the U.S. legal system's ability to uncover the truth and provide justice to victims. I'm joined by Jennifer (Jen) Corinis, an attorney at Greenberg Traurig, who has extensive experience litigating cases in the private sector and as an attorney for the U.S. government.Timestamps:0:00 Introduction5:29 Can law remedy pain and suffering?7:18 Who makes a "good" victim in a personal injury suit13:04 Why Jan Schlichtmann takes up a case no one else wants17:23 Litigating against large corporations19:33 The different approaches of Schlichtmann and the legendary Jerry Facher23:19 The Rule 11 motion26:40 Bifurcating liability and damages35:15 What might have motivated the jury 37:47 Proving contamination with scientific evidence and expert testimony41:35 Schlictmann's problematic handling of a settlement offer48:44 Anne Anderson and Woburn's other advocates56:53 Is a court the place to look for the truth?1:02:07 Comparison with the big tobacco litigation1:07:40 Subsequent litigation and later eventsFurther reading:Blomquist, Robert F., “Bottomless Pit: Toxic Trials, the American Legal Profession, and Popular Perceptions of the Law,” 81 Cornell L. Rev. 953 (1996) Chase, Anthony, “Civil Action Cinema,” 1999 L. Rev. Mich. St. U. Det. C.L. 945 (1999)Harr, Jonathan, A Civil Action (1995)Mayer, Dob, “Lessons in Law from ‘A Civil Action,'” 14 J. of Legal Studies Education 113 (1998)Schlictmann, Jan R., “Law and the Environment: Reflections on Woburn,” 24 Seton Hall Legis. J. 265 (2000) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
This episode explores the iconic Indiana Jones trilogy, some of the most popular and well-known movies of all time. The trilogy consists of the first three movies in the series: Raiders of the Lost Ark (1981); Indiana Jones and the Temple of Doom (1984); and Indiana Jones and the Last Crusade (1989). The films are based on a story by George Lucas and directed by Steven Spielberg. They feature archaeologist (and adventurer) Dr. Indiana Jones (Harrison Ford) as he travels across the world in the years before World War II to obtain valuable historical, cultural, and religious artifacts. The trilogy (and especially the first film, Raiders of the Lost Ark) is the cornerstone of the Indiana Jones franchise, which includes two additional films (Kingdom of the Crystal Skull (2008) and Dial of Destiny (2023)) as well as a TV series, video game, comic books, novels, theme parks, and toys. The films have inspired countless filmmakers and had a significant effect on cinema and popular culture. They also have important, if less discussed, legal dimensions. This episode examines the trilogy from the perspective of international heritage law (or cultural property law), the body of law centered around the preservation of property with historical, cultural, and/or religious significance. My guest is Lucas Lixinski, Professor at the Faculty of Law & Justice at the University of South Wales in Sydney, Australia.Timestamps: 0:00 Introduction4:19 Defining international heritage law (or cultural property law)5:53 The pre-UNESCO and post-UNESCO periods8:00 What the Indiana Jones films tell us about international heritage law11:06 How Raiders of the Lost Ark frames the collection of artifacts16:17 The fine line between looters and collectors24:12 The questionable claim of saving cultural property from destruction 27:55 The power of Christian artifacts in Raiders and Last Crusade.31:19 The problem of downplaying the importance of heritage35:43 Why most items in museums can't be viewed by the public38:44 Temple of Doom and a different view of Indy41:40 Indy's interaction with non-western and indigenous populations44:49 Indy's legacy for archaeology46:53 A victor's perspective?49:29 Favorite Indiana Jones film?Further reading:Esterling, Shea, “Indiana Jones and the Illicit Trafficking and Repatriation of Cultural Objects,” in Courting the Media: Contemporary Perspectives on Media and the Law 127-48 (Nova 2011)Killgrove, Kristina, “The Enduring Myths of ‘Raiders of the Lost Ark,'” The Smithsonian (June 8. 2021)Lixinski, Lucas, “Moral, Legal and Archaeological Relics of the Past: Portrayals of International Cultural Heritage Law in Cinema,” 4(3) London Review of Int'l Law 421-37 (2016)Nayman, Adam, “Digging Into the Cinematic Archaeology of the Indiana Jones Movies,” The Ringer (Jan. 7, 2019)Smith, Laurajane, Use of Heritage (Routledge, 2007) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Courted (French: L'Hermine), a 2015 French drama directed by Christian Vincent, is centered around a criminal trial in France. The accused, Martial Beclin (Victor Pontecorvo), is charged with manslaughter, which carries a possible twenty-year prison sentence, for allegedly kicking his seven-month-old daughter to death. The trial is conducted in France's cour d'assises, which hears more serious crimes. The president and senior judge, Michel Racine (Fabrice Luchini), runs a tight ship. Courted offers valuable insights into judges, jurors, and criminal procedure in France, and provides a vehicle to compare criminal trials there to those in the United States. The film also contains a romantic sub-plot that traces Judge Racine's relationship with one of the jurors and an old friend, Ditte Lorensen-Coteret (played by the Danish actress, Sidse Babett Knudsen). My guests to discuss Courted and comparative criminal justice in films are Fred Davis, an international lawyer and Lecturer in Law at Columbia Law School, and Sam Bettwy, an Adjunct Professor at the University of San Diego Law School and the Thomas Jefferson School of Law.Timestamps:0:00 Introduction5:55 Comparing criminal justice through film10:57 Learning from another country's criminal justice system13:56 The cour d'assises and jury trials in France18:32 The European Court of Human Rights' ruling in Taxquet v. Belgium20:06 Comparing the French and U.S. criminal justice systems through film25:56 The judge's role in France30:00 Compiling the dossier in French criminal investigations 35:20 How other countries view the right against self-incrimination40:27 Juries in the French system 45:34 Who the hero is at trial and what it signifies50:28 Appealing an acquittal in France52:57 Fulfilling one's role in the systemFurther Reading:Bettwy, Samuel W., Comparative Criminal Procedure Through Film: Analytical Tools & Law and Film Summaries by Legal Tradition and Country (2015)Donovan, James W., Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries (2010)Kirry, Antoine, Davis, Frederick T. & Bisch, Alexander, “France,” in The International Investigations Review (Nicolas Bourtin ed.) (10th ed. 2020)Prot, Bénédicte, “L'Hermine, a gentle film,” Cineuropa, https://cineuropa.org/en/newsdetail/298323/Robert, Philippe, “The French Criminal Justice System,” in Punishment in Europe: A Critical Anatomy of Penal Systems (Vincenzo Ruggerio et al. eds) (2013)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Never Rarely Sometimes Always (2020) centers on the struggles faced by 17-year-old Autumn Callahan (Sidney Flanigan) to obtain an abortion after learning that she's pregnant. Autumn travels from her small town in central Pennsylvania to New York City, where she seeks to obtain the abortion, accompanied by her cousin Skylar (Talia Ryder). Autumn and Skylar must overcome a series of obstacles and persevere in what is ultimately a traumatizing experience. Written and directed by Eliza Hittman, the film was released in the twilight of the Roe/Casey era, the nearly 50-year period when abortion was recognized as a constitutional right in the United States before the Supreme Court eliminated the right in 2022 in Dobbs v. Jackson Women's Health Organization. The film not only offers a window into this critical period but also highlights the real-world obstacles many women continue to face in obtaining abortions even in states where it remains legal. Our guest to talk about the film and the current state of reproductive freedom in America is Alexa Kolbi-Molinas, Deputy Director of the Reproductive Freedom Project of the American Civil Liberties Union.Timestamps:0:00 Introduction3:35 Abortion at the time of the film's release in 20206:53 Even before Dobbs, abortion was out of reach for many women8:20 The challenges for minors and women in abusive relationships10:03 A pitch perfect depiction of a crisis pregnancy center14:00 Medication abortions17:03 Parental consent requirements, Casey, and the undue burden test25:47 The obstacles Autumn faces in the film33:56 Navigating the unwelcome advances of the male teen Jasper37:07 The real-life experiences women go through to get abortions40:11 “Never Rarely Sometimes Always”44:56 The care people in abortion clinics provide for their patients50:02 The increased demand for abortion in states where it is legal53:48 Abortion after Dobbs57:21 Abortion wins at the ballot Further reading:Cohen, David S., Donley, Greer & Rebouché, Rachel, “The New Abortion Battleground,” 123 Columbia L. Rev. (2022)Fry, Naomi, "Never Rarely Sometimes Always: A Human Tale of Reproductive Rights” The New Yorker (Apr. 13, 2020)Human Rights Watch, “Human Rights Crisis: Abortion in the United States after Dobbs” (Apr. 18, 2023)Wayne, Miriam, “Burying Abortion in Stigma: The Fundamental Right No One Wants to Discuss; Abortion Portrayal on Film and Television," 16 Va. Sports & Entertainment L.J. 216 (2017)Wilkinson, Alissa, “Why Hollywood keeps getting abortion wrong,” Vox (Aug. 9, 2022)Ziegler, Mary & Siegel, Reva, “How the end of Roe turned into a threat to American democracy,” L.A. Times (June 23, 2023)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Liana Nobile, a trial attorney specializing in insurance defense litigation, predominantly handles personal injury lawsuits stemming from one major client's everyday business operations. Her ability to balance professional excellence with a healthy work-life balance exemplifies the value of expertise, effective time management, and refusing to be defined by her job. Liana details her overarching litigation strategy -- meticulously preparing as if heading to trial, though trying a case to verdict is extremely rare. She is a 2013 graduate of Seton Hall Law School.This episode is hosted by Kyle McEntee.Mentioned in this episode:Learn more about Vermont LawLearn more about Seton HallKaplan Learn more about William & Mary Law SchoolLearn more about Mitchell HamlineLearn more about Rutgers LawLearn more about Rutgers LawAccess LawHub today!
At many organizations, the most common fear among executives is an employee lawsuit. The number of employee filings each year continues to be high with no sign of slowing down. Win or lose, defending a lawsuit by a disgruntled former employee with an attorney is costly, time-consuming, and affects all aspects of an otherwise thriving business. In today's podcast, Jim Stroud interviews Matthew Grabell, author of "The Employee Lawyer's Playbook" for a very interesting conversation that will raise the eyebrows of employers and employees alike. Tune in now. About my guest: MATTHEW R. GRABELL, ESQ. - Employee Relations Solutions (“ERS”) was founded after Mr. Grabell enjoyed a successful career as an employment attorney representing employees who felt victimized in the workplace by unlawful discrimination, harassment or retaliation. He was struck by how frequently his adversaries lost their cases (or were forced into costly settlements) due to a company's lack of knowledge of the many legal land mines that could have easily been avoided. In 2007, he decided to switch teams in order to provide corporations with the legal weapons necessary to limit exposure altogether, while keeping costs of outside law firms down should a lawsuit be filed. ERS opens the plaintiff's play book to corporations who want to know how to protect themselves from issues BEFORE they become legal liabilities. Mr. Grabell advises corporations on a 24-hour “on-call” basis and trains managers and executives on the most common areas of liability in employment law. Mr. Grabell graduated from New York University Stern School of Business and Seton Hall Law School. Buy "The Employee Lawyer's Playbook" here: https://amzn.to/3ZMtkxn Learn more about your ad choices. Visit megaphone.fm/adchoices
The Rack (1956), directed by Arnold Laven and written by Rod Serling (originally for television) tells the story of a decorated war hero Captain Edward W. Hall, Jr. (played by Paul Newman), who returns home after being captured and held prisoner in the Korean War. While a POW, Hall was subjected to mental torture and collaborated with his captors. Hall is court-martialed; his attorney (Lt Col. Frank Wasnick, played by Edmond O'Brien) tries to justify his conduct by showing the pressure he was under. Hall, however, is found guilty because he concedes could have resisted more, as soldiers who experienced physical torture did. The Manchurian Candidate (1962), was directed and produced by John Frankenheimer from a screenplay by George Axelrod, based on Richard Condon's 1959 novel. The film centers on a decorated soldier, Sergeant Raymond Shaw (played by Laurence Harvey) who was captured during the Korean War. During captivity, Shaw and other members of his army platoon, including Maj. Bennett Marco (played by Frank Sinatra) were psychologically manipulated or “brainwashed” by their Chinese Communist captors. Shaw was programmed to serve as a sleeper agent and a pawn in a communist plot to take over the U.S. and impose martial law by exploiting a wave of anti-communist hysteria. The twist is that his handler in the U.S. is none other than his mother, Eleanor Shaw (played by Angela Lansbury), who schemes to have her alcoholic and McCarthyite husband, Sen. John Iselin (played by James Gregory) become Vice President and then President, courtesy of a well-timed assassination by Raymond (acting under her spell). Our guest is Lisa Hajjar, Professor of Sociology at the University of California, Santa Barbara.Timestamps: 0:00 Introduction5:12 Two films about the Korean War7:23 Psychological manipulation of POWs10:59 Mental torture and the new duress15:36 A soldier's breaking point21:41 The U.S. Army's distorted view of torture as limited to physical pain25:35 The SERE and MK-Ultra programs28:24 The mind as a Cold War battlefield36:38 A satire of America's Cold War fears of communist domination39:01 Hyper-patriotism is the perfect foil for treason44:17 The remake of The Manchurian Candidate47:10 Conspiracy theories48:40 Psychological torture resurfaces after 9/11Further reading:Dougherty, Sara Harrison, “Early Cold War Combat Films and the Religion of Empire.” (PhD dissertation, Dep' of History, Univ. of Rochester, 2012)Hafetz, Ben, “The Glitz and Glam of Ideology: How the CIA and Department of Defense Use Hollywood Blockbusters as a Way of Propagating the Ideology of the American War Machine,” (B.A. thesis 2019)Hajjar, Lisa, “From The Manchurian Candidate to Zero Dark Thirty: Reading the CIA's History of Torture through Hollywood Thrillers,” Film & History: An Interdisciplinary Journal, v. 47, no. 2 (Winter 2017), 41-54 Seed, David, Brainwashing: The Fictions of Mind Control: A Study of Novels and Film (Kent State Univ. Press 2004)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
The title character in Michael Clayton is a “fixer” for a prominent New York City law firm. Michael Clayton (George Clooney) helps the firm's managing partner Marty Bach (Sidney Pollack) and his colleagues navigate tricky situations for the firm's wealthy clients, while seeking to manage challenges in his own personal and family life. The firm's top litigator, Arthur Edens (Tom Wilkinson) discovers that one of the firm's major clients, U-North, knew that its weed killer was carcinogenic and caused hundreds of deaths. When Arthur threatens to blow the whistle, U-North's General Counsel Karen Crowder (Tilda Swinton) tries to silence him, with deadly consequences. Michael is forced to make a tough moral choice and decide who he really is. Written and directed by Tony Gilroy, Michael Clayton provides a gripping account of the shadowy intersection of law and power in America. Our guest to talk about this acclaimed film is Professor Margaret (“Peggy”) McGuinness of Saint John's University School of Law.Timestamps:0:00 Introduction4:24 Capturing the vibe of “big law” in New York7:15 The role of a “fixer”15:19 Class and power in New York City law firms19:08 Michael Clayton's many talents21:51 Tony Gilroy's understanding of the milieu22:53 Straddling different worlds29:04 Arthur Edens (Tom Wilkinson) discovers corporate wrongdoing31:33 Should the “smoking gun” document have been disclosed? 35:40 Marty Bach (Sidney Pollack): a master of the game40:40 Did Marty know about the corporate espionage?43:39 How Michael ensnares U-North's Karen Crowder (Tilda Swinton)48:18 What has changed for women in big law, and what hasn't52:52 Michael Clayton resolves his moral dilemma56:08 Film noir and the lawyer as outsider58:03 Lawyers crossing ethical lines1:01:22 A lesson about power and power structures1:03:19 A great legal film without any courtroom scenes1:07:26 “An extremist version of a vibe that is real”Further reading:Denby, David, “Lost Men,” New Yorker (2007)Herman, Donald H.J., “Character or Code: What Makes a Good and Ethical Lawyer,” 63 S.C. L. Rev. 339 (2011)Kamir, Orit, “Michael Clayton, Hollywood's Contemporary Hero-Lawyer: Beyond Outsider Within and Insider Without,” 42 Suffolk U. L. Rev. 829 (2009) McMillan, Lance, “Tortured Souls: Unhappy Lawyers Viewed through the Medium of Film,” 19 Seton Hall J. Sports & Ent. L. 31 (2009)Monson, Leigh, “Even Ten Years Later, ‘Michael Clayton' Remains Utterly Enigmatic” (Oct. 2017), https://substreammagazine.com/2017/10/ten-years-later-michael-clayton/ Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
The Mauritanian (2021) recounts Mohamedou Ould Slahi's nightmare journey of secret rendition, torture, and detention at Guantanamo Bay—an odyssey that lasted 15 years, until Mr. Slahi was finally released in 2016, never having been charged with a crime. The film is based on the book, Guantanamo Diary, which Mr. Slahi wrote and had published while still a prisoner at Guantanamo. The book became a critically acclaimed international bestseller. The film was directed by Kevin Macdonald and features Tahar Rahim as Mohamedou Slahi, Jodie Foster as Nancy Hollander, Mr. Slahi's lead lawyer, Shailene Woodley as Teri Duncan, her co-counsel, and Benedict Cumberbatch as Ltn. Col. Stuart Couch, the military officer assigned to prosecute Mr. Slahi. The film was nominated for and won numerous awards, including a Golden Globe for Jodi Foster's portrayal of Nancy Hollander. Our guests are Mohamedou Slahi, the former Guantanamo prisoner and now world-famous author, and Nancy Hollander, Mohamedou's attorney and a leading criminal defense attorney.Timestamps:0:00. Introduction7:11 Mohamedou's nightmare begins10:47 What law?12:43 Habeas petition granted, but imprisonment continues18:51 Endless interrogations25:19 Mohamedou first hears he will face the death penalty28:08 Military prosecutor Stuart Couch takes a stand against torture32:19 Writing Guantanamo Diary in a new language34:34 “My life, 24/7 in darkness”37:01 “I have a vow of kindness”38:59: Getting Mohamedou's story out of Guantanamo43:33 Mohamedou sees his book's success on Russian TV at Guantanamo48:17 The freedom that is inside you49:48 An advocate for Mohamedou before the Periodic Review Board50:57 “I needed a miracle” 53:26 Americans are supposed to be the good guys56:29 The near impossibility of leaving Guantanamo58:41 Mohamedou and his former guard, and friend, Steve Wood1:00:52 Don't give up; miracles can happen1:02:49 The long shadow of Guantanamo1:04:02 To be free again1:06:26 Capturing the small details about Guantanamo1:08:31 A small nit about the film1:11:14 What it's like to see yourself being portrayed on screenFurther reading:Bravin, Jess, “The Conscience of the Colonel,” Wall St. J. (Mar. 31, 2007)Coll, Steven, “An Eloquent Voice from Guantánamo,” N.Y.R.B. (Jan. 14, 2016)Hafetz, Jonathan, Habeas Corpus after 9/11: Confronting America's New Global Detention System (2011)Rosenberg, Carol, “The Legacy of America's Post-9/11 Turn to Torture,” N.Y. Times (Sept. 12. 2021)Slahi, Mohamedou Ould, Guantámao Diary (Larry Siems, ed.) (2015)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
My Cousin Vinny (1992) tells the story of two college students from New York (played by Ralph Maccio and Mitchell Whitfield) who are mistakenly arrested and charged with the murder of a store clerk in Alabama. They turn to one of their cousins, Vincent (“Vinny”) LaGuardia Gambini, played by Joe Pesci, for help. Vinny is a personal injury lawyer from Brooklyn who is newly admitted to the bar and has virtually no experience. But somehow Vinny, with the assistance of his savvy fiancé Mona Lisa Vito, played by Marisa Tomei in an Oscar-winning role, turns in a brilliant courtroom performance and gets the case dismissed. The script is by Dale Launer and direction by Jonathan Lynn. Lane Smith plays the prosecutor and Fred Gwynne plays the judge whom Vinny spars with throughout the film. Our guest to discuss this classic American comedy about the law and lawyers is the Honorable Jed S. Rakoff, U.S. District Judge for the Southern District of New York, one of the country's most prominent and influential jurists.Timestamps:0:00 Introduction 5:39 A fantastic—and funny—law movie 7:45 Vinny crossing the witness on the southern delicacy of grits11:12 The problem of wrongful eyewitness identification14:17 Vinny crossing the witness on her need for better glasses20:07 Judge Rakoff reflects on one his favorite cross-examinations21:47 Mona Lisa Vito's expert testimony25:16 Unpacking the Daubert standard29:09 One questionable ruling in the movie 32:33 The local community in jury trials35:47 A comedy about wrongful convictions40:00 A great trial movie but trials are vanishing43:11 No substitute for trial experience Further Reading:Anderson, Judge Joseph F. Jr., “Ten Things Every Trial Court Lawyer Could Learn from Vincent La Guardia Gambini,” South Carolina Lawyer (Jan. 2017)Bailey, Jason, “‘My Cousin Vinny' at 30: An Unlikely Oscar Winner,” N.Y. Times (Mar. 11, 2022)Bergman, Paul, “Teaching Evidence the ‘Reel' Way,” 21 Quinnipiac L. Rev. 973 (2003)Farr, Nick, “Abnormal Interviews: My Cousin Vinny Screenwriter/Co-Producer Dale Launer,” Abnormal Use: An Unreasonably Dangerous Products Liability Blog (Mar. 14, 2012)Greene, Andy, “‘What is a Yute?': An Oral History of ‘My Cousin Vinny,'” Rolling Stone (Mar. 7, 2022)Welk, Brian, “‘My Cousin Vinny' 25th Anniversary: Behind the Scene that Won Marisa Tomei Her Oscar,” The Wrap (Mar. 13, 2017) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Family separation was a key issue used to advance the movement to end slavery in the United States, and the family policing system builds upon slavery's foundation, attacking the humanity of families seen as undesirable. In the first episode of Season 1, we explore the notion of abolition then and now, and the idea of abolition as a project of not just removal, but also creation of the society we all deserve. About Our Guests: Professor Ndjuoh MehChu teaches torts, civil rights law, critical race theory, and remedies at Seton Hall Law School. His scholarship explores ways to shore up protections for marginalized groups in the carceral state. Ndjuoh was formerly a legal fellow at the Southern Poverty Law Center where he helped incarcerated people press their claims to improve their conditions of confinement and worked on issues involving educational equity in K-12 schools. Dr. Vanessa M. Holden is an Associate Professor of History and African American and Africana Studies at the University of Kentucky where she is the Director of the Central Kentucky Slavery Initiative. Dr. Holden is the author of “Surviving Southampton: African American Women and Resistance in Nat Turner's Community. Episode Notes: This episode mentions articles by Ndjuoh MehChu including “Policing as Assault” and “Help Me to Find My Children: A Thirteenth Amendment Challenge to Family Separation.” Episode Transcript: upendmovement.org/episode1-1 Continue learning: upendmovement.org/syllabus Support the work of upEND: upendmovement.org/donate Credits: Hosts: Josie Pickens & Jaison Oliver Producer: Sydnie Mares Editor: Imani Crosby
We'll be taking a short break, but will be back in September with exciting new episodes.Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Fruitvale Station (2013) is based on the real-life events leading to the death of Oscar Grant III, a 22-year-old black man who was shot and killed by a Bay Area Rapid Transit officer on New Year's Day 2009 at the Fruitvale district station in Oakland, California. The film depicts the final day in Oscar Grant's life, interspersed with flashbacks from his past, which together provide a richly layered picture a young man whose life was tragically cut short. The film was written and directed by Ryan Coogler (in his first feature film), and stars Michael B. Jordan as Oscar Grant, Melonia Diaz as his girlfriend, and Octavia Spencer as Oscar's mother. Fruitvale Station not only provides a moving account of Oscar Grant's final day, but also presents a chilling indictment of police violence and the role that race still plays in perpetuating it. I am joined by Professor Michael Pinard of the University of Maryland Francis King Carey School of Law. Professor Pinard is a nationally recognized expert on criminal law, race and the criminal justice system, and the challenges faced by individuals with criminal convictions when reintegrating into society. Timestamps:0:00 Introduction4:18 Impressions of the film when it came out and today7:23 Living in the shadow of the criminal justice system9:25 Bystander recordings and their impact13:14 The challenges of prosecuting police violence17:17 The humanity of Oscar Grant18:53 How white and black people perceive law enforcement differently21:40 The fleeting nature of life for many black and brown Americans24:58 “The talk”26:45 What's changed since Oscar Grant's death, and what hasn't33:44 The need for a film about the school to prison pipeline37:09 The parents of the incarcerated Further reading:Cummings, André Douglas Pond, “Reforming Police,” 10 Drexel L. Rev. 573 (2018)Fan, Mary D., Camera Power: Proof, Policing, Privacy, and Audiovisual Big Data (Univ. Cambridge Press 2018)Pinard, Michael, “Poor Black and ‘Wanted': Criminal Justice in Ferguson and Baltimore,” 58 Howard L.J. 857 (2015)Schwartz, Joanna, Shielded: How the Police Became Untouchable (Viking 2023)Simonson, Jocelyn, “Beyond Body Cameras: Defending a Robust Right to Record the Police,” 104 Geo. L.J. 1559 (2016)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
This episode examines Argentina, 1985 (2022) (directed by Santiago Mitre) and the documentary, Granito: How to Nail a Dictator (2011) (directed by Pamela Yates). Both works engage with questions of transitional justice, or how societies confront mass atrocities committed by a prior repressive regime. Argentina, 1985 depicts the Trial of the Juntas in Argentina, where a prosecution team led by Julio César Strassera (Ricardo Darín) and future-ICC chief prosecutor, Luis Moreno Ocampo (Peter Lanzani), sought to bring leaders of Argentina's former military dictatorship to justice for human rights abuses committed during the so-called Dirty War. Granito: How to Nail a Dictator depicts long-running efforts to hold accountable Guatemalan General Efraín Ríos Montt for genocide and other atrocities committed during Guatemala's brutal civil war. Our guest is Rachel López, Associate Professor of Law at the Thomas R. Kline School of Law at Drexel University. Professor López is a widely recognized expert on transitional justice and has studied efforts to hold former leaders responsible for mass abuses in Guatemala and elsewhere.Timestamps:0:00 Introduction4:15 Defining transitional justice6:47 The “Dirty War” in Argentina10:04 Overcoming the public's blind faith in the military12:42 Appealing to multiple audiences in accountability trials16:18 The Prosecutors in Argentina: Julio César Strassera & Luis Moreno Ocampo 21:38 Argentina's trial of military leaders in historical context25:46 Las Madres de Plaza de Mayo and the role of civil society31:02 The parallels between the atrocities in Argentina and Guatemala33:38 The challenges of holding leaders responsible (i.e., nailing a dictator)37:56 The “boomerang effect”: universal jurisdiction and the litigation in Spain 42:01 The significance of the genocide prosecution in Guatemala 44:54 The risks of relying too much on trials in transitional justice50:10 The discovery of the records of Guatemalan National Police51:54 Investigating atrocities53:28 The implications of failing to reckon with the past56:06 America's role in the atrocities in Argentina and Guatemala58:08 The trials' legacy and lessons for the U.S. Further reading:Engle, Karen, Anti-Impunity and the Human Rights Agenda (Cambridge Univ. Press, 2016) López, Rachel E., "The (Re)Collection of Memory after Mass Atrocity and the Dilemma for Transitional Justice," 48 N.Y.U. J. Int'l L. & Pol. 799 (2015)Guatemala: Never Again, The Official Report of the Human Rights Office, Archbishop of Guatemala (1999)Nunca Más, The Report of the Argentine National Commission on the Disappeared (1986)Roht-Arriaza, Naomi, The Pinochet Effect: Transitional Justice in the Age of Human Rights (Univ. of Penn. Press, 2005)Sikkink, Kathryn, The Justice Cascade: How Human Rights Prosecutions are Changing World Politics (W.W. Norton and Company, 2011) Teitel, Ruti G., Transitional Justice (Oxford Univ. Press, 2000)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Judgment at Nuremberg (1961) depicts the trial of Nazi judges before the U.S. military tribunal in Nuremberg, Germany, following World War II. The film was directed by Stanley Kramer from a screenplay by Abbie Mann; it features a sensational cast that includes Spencer Tracy, Burt Lancaster, Maximilian Schell (who won an Oscar for best actor), Richard Widmark, Marlene Dietrich, Judy Garland, Montgomery Clift, and William Shatner. The film provides a gripping account of the “Judges' Trial” or "Justice Case" (as it has become known), exploring issues around individual and collective guilt, the challenges facing tribunals seeking to punish mass atrocities, and the quest for peace and justice after the horrors of World War II. In many respects, the film remains as relevant today as it was when it was first released. I'm joined by Professor Kevin Jon Heller, a renowned scholar of international criminal law and leading expert on the Nuremberg tribunals. Timestamps:0:00 Introduction4:25 Tribute to Ben Ferencz6:31 A gutsy movie for its time9:03 The historical context for the Justice Case13:18 The charges against the defendants16:21 Individual and collective responsibility21:05 The concentration camp footage26:15 Defendants were not neutral officials just following the law32:36 The judges should have known better35:14 The political pressures on the tribunal39:40 Germany's slow reckoning with its Nazi past44:20 How the film speaks to us today51:26 Telford Taylor: Ahead of his time53:04 An enlightened portrayal of defense attorneys54:41 The U.S. gave Nazis fair trials but can't provide fair trials at GuantanamoFurther reading:Arendt, Hannah, Eichmann in Jerusalem: A Report on the Banality of Evil (revised ed. 1994)Ehrenfreund, Norbert, The Nuremberg Legacy: How the Nazi War Crimes Trials Changed the Course of History (St. Martin's Press 2007)Heller, Kevin Jon, The Nuremberg Military Tribunals and the Origins of International Criminal Law (Oxford Univ. Press 2011), https://global.oup.com/academic/product/the-nuremberg-military-tribunals-and-the-origins-of-international-criminal-law-9780199554317?cc=us&lang=enKing, Susan, “‘Judgment at Nuremberg' 50 Years Later,” L.A. Times (Oct. 11, 2011), https://www.latimes.com/entertainment/la-xpm-2011-oct-11-la-et-nuremberg-film-20111011-story.htmlMcNamee, Eugene & Andrews, Maria, “‘Judgment at Nuremberg': Hollywood Takes the International Criminal Law Stand,” 6 London Rev. Int'l L. 75 (2018)Shale, Susanne, “The Conflicts of Law and the Character of Men: Writing Reversal of Fortune and Judgment at Nuremberg,” 30 U.S.F. L. Rev. 991 (1996)Taylor, Telford, The Anatomy of the Nuremberg Trials: A Personal Memoir (Knopf 1992)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
12 Angry Men (1957) remains one of the greatest courtroom dramas. Directed by Sidney Lumet from a screenplay by Reginald Rose, the film stars Henry Fonda as the hold-out juror among his peers who are ready to quickly convict a teenager charged with murder in a New York court. Through a series of dramatic moments, Fonda eventually persuades his fellow jurors that there remains a reasonable doubt about the defendant's innocence, forcing them to address their own preconceptions and prejudices in the process. Fonda (who coproduced the film), teams up with a sensational ensemble cast that includes Lee J. Cobb, Jack Warden, Ed Begley, Martin Balsam, E.G. Marshall, and Jack Klugman. I'm joined by Elkan Abramowitz, one of America's leading criminal defense attorneys, whose many notable clients include Woody Allen, to explore why 12 Angry Men remains essential viewing even as much has changed about the American jury system since it was made.Timestamps:0:00 Introduction3:48 Why 12 Angry Men still resonates today5:15 How juries have changed6:47 Why serving on a jury can be so meaningful10:04 The beyond a reasonable doubt standard15:01 Bigotry and prejudice in the jury room 17:28 Selecting the jury22:59 Group dynamics on juries26:24 The problem with eyewitness cases28:01 Jurors doing outside research30:56 The vanishing jury 34:07 Just down the block: New York v. Trump39:26 How juries deliberate43:22 Why the film holds up so wellFurther Reading: Asimow, Michael, “'12 Angry Men': A Revisionist View,” 82 Chicago-Kent L. Rev. 711 (2007), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1095488Ellsworth, Phoebe C., “One Inspiring Jury,” 101 Mich. L. Rev. 1387 (2003), https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1019&context=reviewsGertner, Nancy, “‘12 Angry Men' (and Women) in Federal Court,” 82 Chicago-Kent L. Rev. 613 (2007), https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=3591&context=cklawreviewHans, Valerie P., “Deliberation and Dissent: ‘12 Angry Men' vs. The Empirical Reality of Juries,” 82 Chicago-Kent L. Rev., 579 (2007), https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1381&context=facpubLandsman, Stephan, “Mad about '12 Angry Men,'” 82 Chicago-Kent L. Rev. 749 (2007), https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=3600&context=cklawreviewpMartin, Adrian, “Review: ‘12 Angry Men,'” https://www.filmcritic.com.au/reviews/t/12_angry_men.htmlWeisselberg, Charles D., “Good Film, Bad Jury,” 82 Chi.-Kent L. Rev. 717 (2007), https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=3598&context=cklawreview Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
In the latest episode of the UnsCripted Medicine Podcast, listen in as we navigate the complexities of medical licensing, the erosion of expertise, and the pursuit of truth in medicine. Hosting this week is Andrew who is joined by two guests: Dr. Richard Baron (CEO, ABIM) and Professor Carl Coleman (JD, Seton Hall Law School) who published a thought-provoking paper titled Protecting the Legitimacy of Medical Expertise in the NEJM this last February. In this paper, they discuss the historical significance of licensing, the public's reliance on them, and recent laws passed that are challenging expertise and the institutions that validate it. Hear them further discuss the state of medicine and the threats to our profession.Original article: https://www.nejm.org/doi/full/10.1056/NEJMp2214120
Kramer v. Kramer (1979) and Marriage Story (2019) reflect major shifts in the legal and social landscape around marriage, divorce, and child custody over the last four decades. Kramer v. Kramer, written and directed by Robert Benton, and starring Dustin Hoffman, Meryl Streep, and Jane Alexander, captured the zeitgeist of its era, becoming the top grossing film of 1979 and sweeping the Oscars; Marriage Story, written and directed by Noah Baumbach, and starring Adam Driver, Scarlet Johansson, Laura Dern, Alan Alda, and Ray Liotta, offers a gripping depiction of the disintegration of a marriage in America today. We are joined by Solangel Maldonado, a professor at Seton Hall Law School and leading expert on family law in the United States. Timestamps:0:00 Introduction3:28 What's changed and what hasn't since Kramer v. Kramer6:46 The legal challenges for fathers seeking custody circa 197912:01 Why Ted Kramer lost the court case (the tender years presumption)18:59 How Kramer v. Kramer captured the zeitgeist23:47 Nicole's (Scarlett Johansson's) decision move to LA in Marriage Story28:10 The role of the lawyers in Marriage Story35:55 A failed attempt at mediation40:52 Divorce lawyers see good people at their worst 42:00 How views of fathers and mothers have and have not evolved 45:05 Advice for Noah Baumbach: clarify the jurisdictional issuesFurther Reading:Asimow, Michael, “Divorce in the Movies: From the Hays Code to Kramer v. Kramer” 24 Legal Studies Forum, 221 (2000)Breihan, Tom, “Four decades before ‘Marriage Story,' a quintessential divorce drama swept the Oscars,” A.V. Club (Feb 7, 2020)Eggert, Brian, “Kramer v. Kramer,” Deep Focus Review (Sept. 12, 2019) Emery, Robert E., Op-ed, “How Divorced Parents Lost Their Rights” N.Y. Times (Sept. 6. 2014)Maldonado, Solangel, Cultivating Forgiveness: Reducing Hostility and Conflict After Divorce, 43 Wake Forest L. Rev. 441 (2008), http://wakeforestlawreview.com/wp content/uploads/2014/10/Maldonado_LawReview_4.08.pdf Gordinier, Jeff, “Noah Baumbach Had to Live and Love Before He Made ‘Marriage Story,'” Esquire (Dec. 6. 2019)Rebouché, Rachel, A Case Against Collaboration, 76 Md. L. Rev. 547 (2017), https://digitalcommons.law.umaryland.edu/mlr/vol76/iss3/2/ Searles, Jourdain, “‘Kramer v. Kramer' v. ‘Marriage Story,'” N.Y. Times (Nov. 12, 2019), https://www.nytimes.com/2019/11/12/opinion/marriage-story-kramer-vs-kramer.html Tobias, Scott, “'Kramer vs Kramer' at 40: a flawed film that remains a deserving classic,” The Guardian (Dec. 11, 2019)Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
This episode examines The Trial of the Chicago 7 (2020), written and directed by Aaron Sorkin, with an all-star cast, including Sacha Baron Cohen, Jeremy Strong, Joseph Gordon-Levitt, Mark Rylance, and Frank Langella. The film is based on the 1969 trial of Abbie Hoffman, Jerry Rubin, Tom Hayden, and other anti-Vietnam War protestors prosecuted for conspiracy in connection with the mass protests —and brutal crackdown by police—at the 1968 Democratic National Convention in Chicago. (The eighth defendant, Bobby Seale, co-founder of the Black Panther Party, was severed from the case after being bound and gagged in the courtroom on the judge's order). Our guest is Gerald Lefcourt, who not only is a leading criminal defense attorney, but also was part of the original defense team at the trial and represented Abbie Hoffman for over two decades.Timestamps:0:00 Introduction3:33 Meeting Abbie Hoffman 8:06 Nixon targets the Chicago 7 (then Chicago 8)11:58 The defense team13:25 The egregious treatment of Bobby Seale 22:45. Judge Hoffman: off his rocker25:54 The genius of Abbie Hoffman and the art of political theater30:36 David Dellinger and the MOBE31:59 Abbie, Tom Hayden, and dueling strategies on the left37:21 Abbie: “We have to steal the headlines”41:22 Abbie takes on the CIA43:50 Abbie and Jerry Rubin46:04 The celebrity witnesses48:08 What Aaron Sorkin missed51:33 Abbie's excellent tennis game55:37 Losing battles and winning wars in political cases59:53 The Chicago 7 trial's relevance today1:02:31 Abbie's later career1:07:09 Abbie's final speech Further Reading:Hancock, Catherine, “Race and Disorder: The Chicago Eight Trial Judge and Prosecutors Meet the Constitution and Bobby Seale,” 96 Tul. L. Rev. 819 (2022)Levine, Mark L. & Greenberg, Daniel eds., The Trial of the Chicago 7: The Official Transcript (2020)Levenson, Laurie L., “Judicial Ethics: Lessons from the Chicago Eight Trial,” 50 Loy. U. Chi. L.J. 879 (2019)Linder, Douglas O. “The Chicago 8 Conspiracy Trial,” http://law2.umkc.edu/faculty/projects/ftrials/Chicago7/Account.htmlMailer, Norman, Miami and the Siege of Chicago (1968)Sims, David, “Aaron Sorkin's New Film Is the Right Story for This Moment,” The Atlantic (Oct. 16, 2020), https://www.theatlantic.com/culture/archive/2020/10/trial-of-the-chicago-7-aaron-sorkin-netflix/616755/Schultz, John, The Conspiracy Trial of the Chicago Seven (2020)Stevens, Dana, “The Trial of the Chicago 7 Is Timely, a Little Sexist, and a Lot of Fun,” Slate, Oct. 14, 2020, https://slate.com/culture/2020/10/trial-chicago-7-review-aaron-sorkin-movie-netflix.htmlWeiner, Jon, Conspiracy in the Streets: The Extraordinary Trial of the Chicago EightLaw on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
This episode looks at two films from the “War on Terrorism”: Zero Dark Thirty (2012), directed by Kathryn Bigelow and written Mark Boal; and The Report (2019), written and directed by Scott Z. Burns. Zero Dark Thirty, which stars Jessica Chastain as a CIA agent, depicts the nearly decade-long hunt for Osama bin Laden. The Report, which stars Adam Driver, examines the investigation by the Senate Intelligence Committee, led by Senator Dianne Feinstein, into the CIA's detention and interrogation program. The films are often in dialogue with each other, and offer competing accounts of the U.S. government's embrace of torture after 9/11.Timestamps:0:00 Introduction3:00 How the films offer dueling accounts of the post-9/11 era5:59 Zero Dark Thirty's problematic depiction of torture9:53 The real-life model for Zero Dark Thirty's Maya (Jessica Chastain)? 13:10 The CIA's Bin Laden unit15:49 The “forever war” 21:22 Legacies of the “war on terror” 23:24 The Senate Select Intelligence Committee investigation 26:06 Lawyers and the CIA torture program33:20 The 2001 Authorization for Use of Military Force35:11 SERE Program: Psychologists James Mitchell and Bruce Jessen 37:15 Abu Zubaydah: The first prisoner in the CIA torture program 42:17 The Report and the problem of asking “Did torture work”?48:15 The myth of American exceptionalismFurther Reading:Cole, David, “Taking Responsibility for Torture,” New Yorker (Dec. 9, 2014), https://www.newyorker.com/news/news-desk/taking-responsibility-torture Coll, Steve, “'Disturbing' and ‘Misleading': Judging Zero Dark Thirty's claims to journalism,” New York Review of Books (Feb. 7, 2013), nybooks.com/articles/2013/02/07/disturbing-misleading-zero-dark-thirty/ Greenberg, Karen, “How Zero Dark Thirty Brought Back the Bush Administration,” TomDispatch (Jan. 10, 2013), https://tomdispatch.com/karen-greenberg-how-zero-dark-thirty-brought-back-the-bush-administration/Mayer, Jane, “Zero Conscience in ‘Zero Dark Thirty',” New Yorker https://www.newyorker.com/news/news-desk/zero-conscience-in-zero-dark-thirty “Report of the Senate Select Committee on Intelligence, Committee Study of the CIA's Detention and Interrogation Program (Executive Summary) (Dec. 2014), https://www.intelligence.senate.gov/sites/default/files/publications/CRPT-113srpt288.pdfSeibold, Witney, “The Zero Dark Thirty Controversy: Explained,” Slashfilm, (updated Nov. 28, 2021), https://www.slashfilm.com/671508/the-zero-dark-thirty-controversy-explained/Wright, Lawrence, The Looming Tower: Al-Qaeda and the Road to 9/11 (Knopf, 2007) Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
This episode explores Anatomy of a Murder (1959), the legendary courtroom drama produced and directed by Otto Preminger. The film features an outstanding cast, including Jimmy Stewart, Lee Remick, Ben Gazzara, George C. Scott, and Eve Arden. It also includes the real-life Joseph N. Welch, who played a key role in finally taking down Senator Joseph McCarthy during the Army-McCarthy hearings of 1954. The film is widely regarded as one of the best courtroom dramas in the history of cinema. Joshua Dratel, a leading criminal defense attorney, joins as my guest expert to help examine this memorable film and to break down its timeless insights into the American criminal trial.Timestamps:0:00 Introduction4:30 What makes a great courtroom drama?8:50 Paul Biegler (Jimmy Stewart) interviews his client (Ben Gazzara) 16:04 Coming up with the defense of “irresistible impulse”19:00 The role of cross-examination 26:22 Biegler (Jimmy Stewart) gets his defense in through cross-examination29:08 The motive and the act in criminal law33:43 Managing a defendant's family 38:58 Dressing your client for court40:57 Attacking the victim: who's on trial here? 43:18 Claude Dancer (George C. Scott) grills Laura Manion (Lee Remick)45:48 Impeaching the jailhouse informant48:52 Grappling with questions of rape and consent circa 195951:13 Asking a witness one question too many 54:36 A classic reasonable doubt case58:06 Poetic justice: Biegler is retained on a new case and his practice survives1:01:41 Legal realism in fiction: None of it happened, but it's all trueFurther Reading:Bogdanovich, Peter, Who the Devil Made It: Conversations with Legendary Film Directors (Alfred A. Knopf, 1997)Christley, Jamie N., “Otto Preminger's ‘Anatomy of a Murder' on the Criterion Collection” Slant Magazine (Feb. 24, 2012), https://www.slantmagazine.com/dvd/anatomy-of-a-murder/Fidler, John, “‘Anatomy of a Murder,'” Sense of Cinema (Mar. 2013), https://www.sensesofcinema.com/2013/cteq/anatomy-of-a-murder/Huff, Timothy, “Anatomy of a Murder,” Legal Studies Forum vol. 24, issues 3 & 4, p. 661 (2000)Nerdwriter1, “Anatomy of ‘Anatomy of a Murder'” (video), https://www.youtube.com/watch?v=S0Tm-7DvR2c Tarr, Nina W., “A Different Ethical Issue in ‘Anatomy of a Murder': Friendly Fire from the Cowboy-Lawyer,” Journal of the Legal Profession vol. 32, pp. 137-60 (2008) Tobias, Scott, “‘Anatomy of a Murder,'” A.V. Club (Mar. 14, 2012), https://www.avclub.com/anatomy-of-a-murder-1798171960 Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
This episode examines Breaker Morant, the 1980 Australian New Wave film depicting the military trial of Harry ("Breaker") Morant and two other Australian soldiers for war crimes committed during the Second Boer War in South Africa. The film, directed by Bruce Beresford, offers a gripping account of the trial and raises a host of questions about law and justice during wartime--questions that are as relevant today as they were when the trial took place more than a century ago. I am joined on this episode by veteran attorney Michel Paradis, who has served as military defense counsel in landmark war crimes trials at Guantanamo Bay and who has written widely about issues of international law and military justice. Michel is a lecturer at Columbia Law School in New York and a partner at Curtis, Mallet-Prevost, Colt & Mosle LLP. Timestamps:0:00 Introduction 6:15 An age-old question: Can you deny justice to the guilty?8:04 Breaker Morant as both courtroom drama and western9:14 Who was Harry "Breaker" Morant?9:54 A new kind of war?12:08 People who commit atrocities don't usually think they're the bad guys15:10 The superior orders defense20:22 The politics of war crimes trial28:28 The defense lawyer as hero in legal dramas37:36 Did the defendants get a fair trial?40:00 The law of reprisals46:20 Echoes of the My Lai massacre case49:17 Defense counsel's closing: War changes men's nature50:44 The Australian New Wave51:49 The trial's aftermath57:24 Why should everyone see this film?Further reading:Boslaugh, Sarah, “'Breaker Morant' Is an Epic Tale, Set during the Boer War,” Pop Matters (Oct. 15, 2015), https://www.popmatters.com/breaker-morant-2495479235.htmlBuckmaster, Luke, “'Breaker Morant': rewatching classic Australian films,” The Guardian (June 19, 2014), https://www.theguardian.com/film/australia-culture-blog/2014/jun/19/breaker-morant-rewatching-classic-australian-filmsDavies, Glenn, “Criminal or hero: The life of ‘Breaker' Morant,” Independent Australia (Mar. 4, 2022), https://independentaustralia.net/australia/australia-display/criminal-or-hero-the-life-of-breaker-morant,16113Gardner, Susan, “Can you imagine anything more Australian?: Bruce Beresford's 'Breaker Morant'” Kunapipi, vol. 3, issue 1 (1981), https://ro.uow.edu.au/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1094&context=kunapipiSinyard, Neil, “'Breaker Morant': Scapegoats of Empire,” The Criterion Collection (Sept. 23, 2015), https://www.criterion.com/current/posts/3713-breaker-morant-scapegoats-of-empire Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember. For more information about Jonathan, here's a link to his bio: https://law.shu.edu/faculty/full-time/jonathan-hafetz.cfmYou can contact him at jonathanhafetz@gmail.comYou can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilm
Join NAASW and Haymarket for a panel discussion that will explain the harms of CAPTA and discuss what can be done about it. The so-called Child Abuse Prevention and Treatment Act (CAPTA), does not prevent and it does not treat. Instead, it targets our most vulnerable neighbors, particularly those living in poverty and especially Black, Latinx, and Indigenous families. Through policies like mandated reporting, social workers, medical professionals, and other community helpers are made agents of the surveillance state and part of the machinery of family policing, regulation, separation, and destruction. Join NAASW and Haymarket for a panel discussion that will explain the harms of CAPTA and discuss what can be done about it. Panelists: Joyce McMillan is a thought leader, advocate, activist, community organizer, and educator. Her mission is to remove systemic barriers in communities of color by bringing awareness to the racial disparities in systems where people of color are disproportionately affected. David P. Kelly, JD, MA, is Co-Director of the Family Justice Group. For over a decade he served in the United States Children's Bureau, holding positions as Special Assistant to the Associate Commissioner, Senior Policy Advisor on Courts and Justice and overseeing the Children's Bureau's work with the legal and judicial community. Prior to joining the federal government, David was an Assistant Staff Director at the American Bar Association Center on Children and the Law and served as Senior Assistant Child Advocate at the New Jersey Office of the Child Advocate. Matt Holm, MD, community pediatrician, Melrose, Bronx, NY Miriam Mack is Policy Director of The Bronx Defenders' Family Defense Practice. She received her J.D. from Boston University School of Law. Prior to joining The Bronx Defenders, Miriam was a legal fellow at the American Civil Liberties Union of Massachusetts, focusing on issues of racial and reproductive justice. Richard Wexler, executive director National Coalition for Child Protection Reform, author, Wounded Innocents: The Real Victims of the War Against Child Abuse (Prometheus Books: 1990, 1995). Jey Rajaraman joined Family Integrity & Justice Works in January 2022. Prior to that, she served as Chief Council and a supervising attorney of Legal Services of New Jersey's Family Representation Project (FRP). FRP provides parents in child abuse or neglect and termination of parental rights litigation with information, advice and representation. Additionally, the FRP provides advice and representation to youth in DCPP's care, both those who have become parent defendants themselves and those who are seeking aging-out services from the Division. Jey is a member of the ABA Parent Counsel Steering Committee. Jey is also an adjunct professor at Seton Hall Law School. Angela Olivia Burton is a public service lawyer with an emphasis on supporting the leadership of people with lived experience in the family policing and juvenile criminal punishment systems. Her recent publications include Toward Community Control of Child Welfare Funding: Repeal the Child Abuse Prevention and Treatment Act and Delink Child Protection from Family Wellbeing, with Angeline Montauban and Liberate the Black Family from Family Policing: A Reparations Perspective, with Joyce McMillan. This event is sponsored by the Network to Advance Abolitionist Social Work and Haymarket Books. Watch the live event recording: https://youtube.com/live/29MnYIDextQ Buy books from Haymarket: www.haymarketbooks.org Follow us on Soundcloud: soundcloud.com/haymarketbooks
In this episode of Moodally Matters with Jamie Lieberman from Hashtag Legal, we look at how to navigate the sometimes very tricky potholes of conflict management. Who better to teach us how to do that successfully than a legal mastermind with 2 decades of experience! In this episode we look at: Jamie's professional journey. What does well being mean to you? Managing your own emotions and knowing your facts. What happens in a work environment when conflict comes out of nowhere People just want to be heard, and it's disarming. How do you calm someone down when they're angry? What needs to happen on each end of the table in order for conflict management? The importance of sticking to the facts in the workplace. About Jamie: Jamie Lieberman, owner and founder of the former Hashtag Legal, has been practicing law and consulting for small businesses for over 18 years. Her unique approach and passion for protecting the legal interests of revolutionary businesses has allowed her and the Hashtag Legal firm to create a diverse and dynamic client roster. With clients covering all areas of design, intellectual property, technology, art, and the influencer space – Jamie is well versed in the struggles, potential pitfalls, and legal hangups that haunt both startups and small creative based businesses as well. Prior to founding Hashtag Legal, Jamie worked for a large, international law firm in New York City as a commercial litigator and for a Federal District Judge on both civil and criminal federal cases. Jamie also worked for an influencer network as the Director of Operations and Chief Counsel, overseeing national influencer marketing campaigns and conferences. She was also an adjunct professor at Seton Hall Law School.Jamie has a deep commitment to making legal accessible. She regularly speaks about legal matters, the art of negotiation, and the entrepreneurial topics at live events and on podcasts, including her own “the (un)business podcast” launched January 2022.
Ralph welcomes old friend, Judge Andrew Napolitano, to talk about why the U.S. government offered a plea deal to the supposed mastermind of the 9/11 attacks, Khalid Shaikh Mohammed and four others. He asks, “Why would the government agree to such a plea for the persons it claims are the monsters who murdered 3,000 Americans on 9/11?... What does the government fear?” Plus, Ralph gives us his take on the train derailment in East Palestine, Ohio. And then on a lighter note, we talk about the Super Bowl.Judge Andrew Napolitano is a former Superior Court Judge, a syndicated columnist, and host of the Judging Freedom podcast. Judge Napolitano has taught constitutional law and jurisprudence at Delaware Law School and Seton Hall Law School, and he was Fox News' Senior Judicial Analyst from 1997 to 2021. He is the author of several books on the U.S. Constitution, the most recent entitled Freedom's Anchor: An Introduction to Natural Law Jurisprudence in American Constitutional History.“I would try (Bush & Cheney) for war crimes for which there is no statute of limitations… the war crimes are well-known. The war crimes are leading us into war under false pretenses; intentionally targeting civilians in the Middle East; authorizing torture and purporting to protect it against state law if done in the U.S. and international law. These are all well-known war crimes for which the penalty is life in prison. They can also be execution… There is still an E.U.-wide arrest warrant live out there issued by Spanish authorities for the arrest of George W. Bush, because of the war crimes I have just summarized.”Judge Andrew Napolitano“George W. Bush, arguably the worst president in the post-World War II era for bringing us into two totally useless and very costly wars – Afghanistan and Iraq – which cost us in excess of two trillion dollars, which had over 850 thousand people killed – only five thousand were Americans – which destroyed the moral order in that part of the world for a full generation also instituted a regime of torture. I believe, Ralph, as do many of us who follow this – we haven't seen it in writing – that Bush somehow pardoned or granted immunity to the torturers, because the torture was so vast and so extensive, and no one has been prosecuted for it. Obama and Holder who said loudly that they were against torture had every opportunity to do it. And they knew the names of the torturers, but it just didn't happen.”Judge Andrew Napolitano“I do believe that Rupert Murdoch called up Donald Trump and said to him, to Murdoch's credit - to his face, although it was on the phone – ‘you are just not institutionally, constitutionally, or temperamentally, or intellectually qualified to be the president of the United States and we will not support you.'”Judge Andrew NapolitanoThis is super Sparta on steroids—the aggressiveness, the lack of diplomacy, the lack of waging peace by the US government. It's like they've mothballed the charter of the State Department, which was diplomacy. They've turned it into a bellicose agency, sometimes much worse than the spokespeople for the Defense Department.Ralph Nader Get full access to Ralph Nader Radio Hour at www.ralphnaderradiohour.com/subscribe
Mark practices exclusively in the area of labor and employment law on behalf of employers. For ten years, before founding Kluger Healey, LLC, he was Chairman of the Labor and Employment Department of one of New Jersey's oldest law firms. Mark is a frequent speaker and writer on sexual harassment and discrimination avoidance, workplace diversity, performance management, union avoidance, and a myriad of other employment-related subjects and regularly conducts training sessions for employers on these critical topics. In addition, Mark has extensive experience in counseling employers on issues involving discipline and discharge, reductions in force, mergers and acquisitions, compliance with wage and hour, disability, COBRA, and family and medical leave laws. He regularly drafts all forms of employment policies and handbooks, severance agreements, employment contracts, non-competition and confidentiality agreements, and affirmative action plans. Mark also represents employers in collective bargaining, grievance arbitration, NLRB proceedings, and picket line issues. Mark graduated from Vassar College in 1984 and Cornell University Law School in 1987. He was an Adjunct Professor at Seton Hall Law School from 1991-1996 and served as a member and President of the Board of Education in North Caldwell, New Jersey from 2002-2008.
The Barrett Brief - Seton Hall Law School Dean Wants To Buyout SCOTUS Judges Here is what is happening today in the Brief. - First, Seton Hall Law School Dean Wants To Buyout SCOTUS Judges Second Media Bias Fact Check Next Mahgdalen Rose Stops By Third New Crowdfunding Craze in Minneapolis: Police Fourth Why would 500,000 illegals choose not to turn themselves into Joe Biden's catch-and-release Border Patrol? Also Nearly one in three Americans say it may soon be necessary to take up arms against the government As well as Investors Who Buy Mobile Home Parks Spike Rents for Low-Income Americans Don't forget The Lightning Brief! Finally don't forget the world famous "you gotta be kidding me" Our Readers And Listeners Keep Us In Print & On The Air! Click here to subscribe to The CRUSADE Channel's Founders Pass Member Service & Gain 24/7 Access to Our Premium, New Talk Radio Service. www.crusadechannel.com/go What Is The Crusade Channel? The CRUSADE Channel, The Last LIVE! Radio Station Standing begins our LIVE programming day with our all original CRUSADE Channel News hosted by award winning, 25 year news veteran Janet Huxley. Followed by LIVE! From London, “The Early Show with Fiorella Nash & Friends. With the morning drive time beginning we bring out the heavy artillery The Mike Church Show! The longest running, continual, long form radio talk show in the world at the tender age of 30 years young! Our broadcast day progresses into lunch, hang out with The Barrett Brief Show hosted by Rick Barrett “giving you the news of the day and the narrative that will follow”. Then Kennedy Hall and The Kennedy Profession drives your afternoon by “applying Natural Law to an unnatural world”! The CRUSADE Channel also features Reconquest with Brother André Marie, The Fiorella Files Book Review Show, The Frontlines With Joe & Joe and your favorite radio classics like Suspense! and CBS Radio Mystery Theater. We've interviewed hundreds of guests, seen Brother Andre Marie notch his 200th broadcast of Reconquest; The Mike Church Show over 1500 episodes; launched an original LIVE! News Service; written and produced 4 Feature Length original dramas including The Last Confession of Sherlock Holmes and set sail on the coolest radio product ever, the 5 Minute Mysteries series! Combined with our best in the business LIVE! Coverage of every major political/cultural event of the last 6 years including Brexit, Trump's Election, Administration events, shampeachment, the CoronaDoom™, the 2020 Election and resulting Biden Regime's Coup d;'tat, January 6th Psy-op and now the attempt to make Russia and Vladimir Putin out as the new Hitler and his Germany. "When News Breaks Out, We Break In!" because we truly are: The Last, Live, Radio Station, Standing.
Judge Andrew P. Napolitano is a graduate of Princeton University and the University of Notre Dame Law School. He is the youngest life-tenured Superior Court judge in the history of the State of New Jersey. He sat on the bench from 1987 to 1995, when he presided over more than 150 jury trials and thousands of motions, sentencings, and hearings. Judge Napolitano taught constitutional law and jurisprudence at Delaware Law School for one and half years and at Seton Hall Law School for 11 years, and at Brooklyn Law School for four years. He was often chosen by the students as their most outstanding professor. He returned to private practice in 1995, and began television work in the same year. As Fox News' Senior Judicial Analyst from 1997 to 2021, Judge Napolitano gave 14,500 broadcasts nationwide on the Fox News Channel and Fox Business Network. He is nationally known for watching and reporting on the government as it takes liberty and property. Judge Napolitano lectures nationally on the U.S. Constitution, the rule of law, civil liberties in wartime, and human freedom. He has been published in The New York Times, The Wall Street Journal, The Los Angeles Times, and numerous other publications. His weekly newspaper column is seen by millions every week. The Judge is a nationally-recognized champion of personal freedom. The Judge is the author of nine books on the U.S. Constitution, two of which have been New York Times Best Sellers. His most recent book, SUICIDE PACT: The Radical Expansion of Presidential Powers and the Assault on Civil Liberties, details a long, sordid history of governmental—and especially presidential—encroachments on liberty, enacted in the name of protecting America but which serve instead to undermine national security and erode the nation's founding freedoms. --- Support this podcast: https://anchor.fm/oneamerican/support
Questions on Protecting Wealth with Gold & Silver? Schedule a Strategy Call Here: ↓ or Call 877-410-1414 https://calendly.com/itmtrading/bgs?utm_content=CWL3182022 ________________ For Critical Info, Strategies, and Updates Subscribe here: https://www.youtube.com/user/ITMTrading?sub_confirmation=1 ITM Trading's Official 2022 Gold & Silver Buyers Guide: https://learn.itmtrading.com/buyers-guide-yt?VID=CWL3182022 To see Lynette's slides, research links or questions from this video: https://www.itmtrading.com/blog/back-to-a-gold-standard-judge-andrew-napolitano-lynette-zang/ YouTube: https://youtu.be/6Rs7WfC-2hY Welcome to this extremely important Coffee with Lynette interview with a man I have enormous respect for Judge Andrew Napolitano. I was honored to be on the same venue with him at Gerald Celente's freedom rally in Kingston, New York last 4th of July, but no one understands the constitution better. A graduate of Princeton University and the University of Notre Dame Law School. He is the youngest life tenured Superior Court Judge in the history of the State of New Jersey. He's taught Constitutional Law and Jurisprudence at Delaware Law School and Seton Hall Law School and now hosts the podcast Judging Freedom, which you can find on his Judge Napolitano YouTube channel, which of course the link is below and also on our blog. He has been published in the New York times, the wall street journal, the Los Angeles times and numerous other publications and has authored nine books on the U.S. Constitution. He is nationally known for watching and reporting on the government as it takes Liberty and property. Follow Judge Andrew Napolitano ⬇️ Website: https://www.judgenap.com/ YouTube: https://www.youtube.com/channel/UCDkEYb-TXJVWLvOokshtlsw/featured Books: https://www.judgenap.com/book/ Twitter: https://twitter.com/judgenap America's Founding Documents: https://www.archives.gov/founding-docs Follow Lynette Zang ⬇️ Instagram: https://www.instagram.com/lynettezang/ Twitter: https://twitter.com/itmtrading_zang Podcast: https://anchor.fm/itmtrading __________ Find out if you're properly protected today... ITM TRADING: Helping Build Your Future, Freedom, and Legacy Call Today for Your 1st Strategy Session: 877-410-1414 You can also email us at: Services@ITMtrading.com All Our Videos and Research: https://www.ITMTrading.com/Blog Homepage: https://www.ITMTrading.com ITM Trading Twitter: https://twitter.com/itmtrading Lynette Zang Twitter: https://twitter.com/itmtrading_zang Facebook: https://facebook.com/ITMTrading By ITM Trading's Lynette Zang Call Us Direct for Long-Term Gold & Silver Strategies: 877-410-1414 ITM Trading Inc. © Copyright, 1995 - 2022 All Rights Reserved.
On December 21, Harvard University chemist Dr. Charles Lieber was convicted of making false statements and other tax offenses in connection with his participation in the Chinese Thousand Talents program. Lieber's case got a lot of attention, both because of his profile as a well known researcher at Harvard University, and because of the case's connection with the U.S. government's occasionally controversial three-year-old program called the China Initiative. The program was unveiled in 2018 by then-Attorney General Jeff Sessions, and has been used by the Justice Department to investigate and charge a variety of wrongdoings connected with the Chinese government, economic espionage, research security, and other issues.To talk through the Lieber case and the China Initiative generally, Jacob Schulz sat down with Emily Weinstein, a research analyst at Georgetown's Center for Security and Emerging Technology, and Margaret Lewis, a professor at Seton Hall Law School. Emily and Margaret have written extensively about the China Initiative and provide thoughts on the Lieber case, as well as what to make of the initiative as a whole.Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.
The passing on Monday of General Colin Powell, an icon of US military and political life, revered by Republicans and Democrats alike, and whose illustrious career at the service of both Republican and Democratic Presidents is quite uncommon, has reignited the debate over Powell's responsibility in making the case for war in Iraq, internationally, and to the American people. The four-star general, son of Jamaican immigrants, who served directly under Presidents George HW Bush, Bill Clinton and George W Bush, died from Covid complications at the age of 84. He was suffering from multiple myeloma, a type of blood cancer that can severely compromise the immune system. Despite being a member of the Republican Party, Powell endorsed Democratic candidates in the last 4 presidential elections, starting with Barack Obama in 2008. He was also a vocal critic of former President Donald Trump, calling him a “national disgrace” who should have been removed from office through impeachment. Following the Jan 6 storming of the US Capitol, Powell said he no longer considered himself a Republican. Despite his trailblazing record as the first Black American to hold the highest national security positions, Powell's legacy remains overshadowed by his public advocacy for the 2003 invasion of Iraq and his infamous presentation before the United Nations Security Council on February 5th, 2003, claiming that President Saddam Hussein had weapons of mass destruction and presented a gathering and imminent danger. Powell later called it a permanent “blot” on his record. One issue Powell was particularly critical of, over the last few years, was the US military prison at Guantanamo Bay. He criticized the Bush administration's treatment of detainees and called for closing the military detention facility, saying it would be in the “best interest” of the US to do so. Asked earlier this year if President Biden would shut the prison at Guantanamo by the time his presidency ends, White House spokeswoman Jen Psaki told reporters: “That certainly is our goal and our intention.” Meanwhile, the Biden Administration has told the US Supreme Court that it will allow Abu Zubaydah, a Guantanamo detainee who has never been charged, to present limited testimony about his alleged torture by the CIA. Earlier this month, the Supreme Court began hearing arguments in Abu Zubaydah's case to determine if testimony from CIA agents and contractors who oversaw his torture, can be subpoenaed. Guests: Sarah Leah Whitson Executive Director of Democracy for the Arab World Now Mark Denbeaux Attorney for Guantanamo Bay Detainees and Director of the Seton Hall Law School for Policy and Research Moazzam Begg Former Guantanamo Bay Prisoner and Director of Outreach for CAGE
On the Schmooze Podcast: Leadership | Strategic Networking | Relationship Building
Today's guest has found a way to marry her knowledge of the law with her experience working with influencers to create Hashtag Legal, a law firm dedicated to helping businesses succeed in a digital world. As technology created new opportunities for business owners, the legal industry did not keep up with the times. Hashtag Legal fills that void. Their clients are influencer networks, CEOs of digital empires, online entrepreneurs, creatives, and small business owners. Previously, she was Director of Operations and Chief Counsel at Type-A Parent, the world's premier conference, influencer network and community for mom bloggers, dad bloggers, and the marketers who want to connect with them. She has been a practicing lawyer for over 10 years and has worked for a large, international law firm in New York City on complex commercial matters and for a Federal District Judge on both civil and criminal federal cases. She is also an adjunct professor at Seton Hall Law School. Please join me in welcoming Jamie Lieberman. In this episode we discuss: how she defines leadership: “Surrounding yourself with people who do things better than you & being able to bring the best in them out.” the benefits of being the only lawyer in the room the important step to take before launching a business, especially a niche within a traditional industry building a team to complement your strengths and shore up your weaknesses her conference strategy to make great connections before, during, and even after the event Listen, subscribe and read show notes at www.OnTheSchmooze.com.
Please join us, and listen to Second Chances with the indomitable Federal District Judge Madeline Cox Arleo, her upbringing in JC, Rutgers, Seton Hall Law School, federal reentry, and the promise of Second Chances.
Have you ever wondered why it just seems so easy for some people to persuade others to do anything they want? Sean Callagy, one of only 2 attorneys in America to have Two Top 100 National Jury Verdicts, has figured that there is an actual formula. He knows exactly how to get literally anyone to go from "hello to yes", without exceptions. Oh and by the way, he's also blind. He is also part of Tony Robbins' inner circle of advisors. Plus he's incredibly likeable, humble and an engaging speaker. Tune in to this episode and learn how to be the most persuasive person in any room you walk into. More About Sean Callagy Sean Callagy is the Founder and President of the 100 Plus Team of Callagy Law, which is now in 4 states. He is one of only 2 attorneys in America to have Two Top 100 National Jury Verdicts between 2014-2016. Sean is the leader of a medical revenue recovery team that has recovered over 50 million dollars in 2017 and more than 300 million dollars for healthcare providers in unpaid and underpaid claims from insurance carriers. Sean Callagy can't stand lawyers. It's why he built Callagy Law with the ultimate mission to “fundamentally change the way people feel about lawyers, one client at a time.” After attending Columbia University and graduating from Seton Hall Law School in 1996 with cum laude honors, he soon realized that he could only reach his maximum potential by owning his own law firm, so he created Callagy Law in 1999, following a career in one of New Jersey's top law firms. Within three years his firm became a multi-million dollar success story. Sean's law practice not only achieved dramatic growth in size but has recovered $100's of millions of dollars for his clients.* Sean is also founder and leader of the Callagy Results Formula. He has been studying the science of producing results since he was introduced to a peak performance sports psychologist at 16, which led him to becoming Captain of Columbia University's baseball team, a national level success in moot court at Seton Hall's very prestigious Moot Court team, being recruited to every major law firm out of law school, founding his own law firm in his 20's, creating top national jury verdicts where no one thought justice was possible, and building and creating tremendous attorneys and leaders through his teaching, training and coaching, which he also has run a successful business in outside of Callagy Law. _______________________________________________________________________________________ THIS WEEK'S SPONSOR INFORMATION: Soberlink is a comprehensive alcohol monitoring system. Combining a breathalyzer with wireless connectivity, Soberlink automatically documents proof of sobriety in real-time, which gives clients a sense of accomplishment while rebuilding trust with others. Features Adaptive Facial Recognition technology Technology to detect physical tampers Real-time text message reminders and Alerts Customizable scheduling Automated reporting options Get an exclusive $50 off your device by emailing info@soberlink.com and mentioning Negotiate Your Best Life ____________________________________________________________________ For more information on REBECCA ZUNG, ESQ. visit her website www.rebeccazung.com and follow her on Instagram: @rebeccazung and YouTube! GRAB YOUR FREE CRUSH MY NEGOTIATION PREP WORKSHEET RIGHT HERE! SUBSCRIBE TO MY YOUTUBE CHANNEL RIGHT HERE. Grab a copy of Rebecca's book, Negotiate Like You M.A.T.T.E.R.: The Sure Fire Method to Step Up and Win (foreword written by Robert Shapiro). It went straight to being a #1 bestseller the first day it was launched! Find out what everyone is so excited about - get the book RIGHT HERE! To get your copy of Rebecca's bestselling book, Breaking Free: A Step by Step Guide to Achieving Emotional, Physical and Spiritual Freedom, please visit the Amazon website to order it RIGHT HERE.
What you will learn. Our show begins with Karen discussing the breaking news of the verdict in the Chauvin murder trial (we taped the show the morning after the jury reached its guilty verdict). Karen discusses the cognitive dissonance she feels as a criminal defense attorney, believing that the jury reached a correct and just verdict but describing the awkward tension being a defense attorney but routing for the prosecution. Karen discusses her views on what the defense attorney did well and where she believes mistakes were made. She talks about the decision not to put Chauvin on the witness stand.After discussing the Chauvin trial, Karen goes on to describe her background and pathway to becoming a successful criminal defense trial lawyer. She joined the New York Legal Aid Society directly out of law school.Karen married a fellow trial lawyer, who she describes as her mentor and the best courtroom lawyer she has ever seen.Karen talks about how she initially tried to model herself on her husband's courtroom style, but later became a better lawyer when she was able to find her own voice.After trying cases for a number of years, Karen was invited to attend the National Criminal Defense College, which, at the time, was located in Macon, Georgia. Karen describes how the curriculum in Macon was eye opening for her and taught her new a new vocabulary and approach to trying cases. When Karen returned to the Bronx she established a trial skills program based in part on what she had learned in Macon.In her trial skills program, Karen began to develop innovative approaches to both trying cases herself and teaching trial skills. She brought in improv actors to help lawyers improve their ability to improvise and think quickly on their feet, which is particularly important during cross examination. She brought in storytellers to teach lawyers to become better at constructing and weaving compelling narratives. She even trained with a voice coach to improve how she used her voice in the courtroom.More recently, Karen became the Dean of the National Criminal Defense College, which has now moved its headquarters to Karen's home state of Rhode Island. Karen also works as the Legal Training Director of the Criminal Practice at the Committee for Public Counsel Services in Massachusetts, where she trains lawyers in trying cases.About Karen Smolar https://www.publiccounsel.net/dir/bos-train/karen-smolar/Karen Smolar is the Legal Training Director of the Criminal Practice at the Committee for Public Counsel Services in Massachusetts. Before coming to the Commonwealth, she worked as a criminal defense attorney since graduating from law school in 1992. For the last 19 years, Karen was the Trial Chief at the Bronx Defenders in New York City. At CPCS, she works with the Training Unit developing and conducting legal and skills trainings for the public defenders and bar advocates across the state. She also works with other practice areas at CPCS as they conceptualize training across all practice areas. While at The Bronx Defenders, in 2007, Karen created Defenders' Academy , an national, innovative trial skills program for public and private attorneys across the nation. The program continues to this day and is the only one of its kind in the country that focuses on the intersection between trial skills and performance work and welcomes attorneys from criminal, family and civil practices.In August of 2017, Karen was appointed to become the Dean of the National Criminal Defense College after serving as a committed faculty member for over ten years. She has also taught Trial Advocacy as an adjunct professor at St. John's School of Law and Seton Hall Law School. She has lectured on various topics for the National Association of Criminal Defense Lawyers and the New York State Defenders Association and other defenders offices, nationally. She has also been a guest trainer at various state-wide public defender training programs across the nation. About ElawvateThe Elawvate Podcast – Where Trial Lawyers Learn, Share, and Grow is where the practice of trial law meets personal growth. To succeed as a trial lawyer and build a successful law firm requires practice skills, strategic thinking and some amount of business and entrepreneurial savvy. Elawvate is a place to learn and share skills and strategies for success.But it is also a place to dig deeper and achieve personal growth.Those who succeed as trial lawyers at the highest levels cultivate character, principle, integrity, leadership, courage, compassion and perseverance. We learn and draw inspiration from those who have achieved this success.For more about Elawvate, visit our website at www.elawvate.fm. You can also join our Facebook Group at https://www.facebook.com/groups/398030871291513For more information or to contact the hosts, see:(Rahul Ravipudi (https://www.psblaw.com/ravipudi.html )(Ben Gideon | https://gideonasen.com/attorney-benjamin-gideon/
Will Snowden received his law degree from Seton Hall Law School in New Jersey and worked as a public defender in New Orleans. Through his work in the justice system, he became concerned with weaknesses in our jury system that lead to a lack of diversity in jury members and ultimately, unjust outcomes.In response, Will established The Juror Project, whose mission is “to change the makeup of juries to better represent the American population and the communities most commonly accused." They pursue this "through community and public education about jury eligibility and the jury selection process and the power jurors hold in America's high stakes criminal justice system.”We talked about the ways the jury selection process can be reformed to lead to increased diversity, the things he will be watching for during the upcoming trail of Derek Chauvin and Will's own experience with law enforcement that led him to pursue a career in the justice system.
Bart Steven Oates is a former American football player in the National Football League (NFL) for the New York Giants and San Francisco 49ers. He played center for the Giants from 1985 to 1993 and with the 49ers from 1994 to 1995. He was a member of the Giants teams that won 2 super bowls. He also won his 3rd super bowl with the 49ers. Bart Oates played college football at Brigham Young University (BYU), Before NFL, he had initially played three seasons with the Philadelphia/Baltimore Stars in the USFL where he won two USFL championships. Oates was selected to five Pro Bowls during his career and to the All-NFC team three times. He was extremely durable, starting 125 consecutive games during his Giants career Oates is currently the President of the NFL Alumni Association with primary missions of Caring for Our Own and Caring for Kids. He attended law school classes during the off-season of football and graduated magna cum laude with a Juris Doctor degree from Seton Hall Law School in 1990. In this episode we chat about: - Bart's 3 super bowl rings! - How Bart was able to win 3 super bowls - the secret - What pushed him to go to school and get a Law degree - How to make sense of numerous options and distractions we're presented with today - His advice on handling failure and winning the marathon of life
In this episode, I had the pleasure of interviewing Thomas Letourneur and Amy Bryant. We talk about the story of Famileo, a family newspaper that brings families together- an app that was created for families to share their pictures and messages digitally and how Famileo shares and prints a personalized newspaper that is sent to your elder loved one, what life in France looks like right now for our seniors as they social distance, what are the trends with seniors engaging with technology, how Famileo fights loneliness, engages families, promotes intergenerational relationships, and supports senior living facilities. In a world that relies heavily on technology, reaching those that can not or do not want to engage with technology is vital- this is a lifeline for many elders and their families. Famileo has launched in the United States after it's widespread success in France and Europe as they are "Grandparents' Favourite Gift". For more information, visit https://www.famileo.com/famileo/en-EU/ Thomas Letourneur is responsible for launching Famileo in the American market. He is in charge of International Development, International development projects in Serbia, Tunisia, China, Brazil, Scandinavia, etc. Thomas holds a Master's Degree in Finance from a top-tier French Business School. Amy Bryant is the Strategic Sales and Marketing Partner for Geriatric Healthcare Consultants. She is an award-winning sales and marketing leader with over two decades of experience in the senior housing and healthcare industries. Proven success in creating and executing sales and marketing plans to propel year over year growth and support revenue objectives. Experience developing brand awareness and building teams with a unified sales vision and strategy to exceed sales goals and increase market share. Amy has a masters degree in health law and policy from Seton Hall Law School and a bachelors degree in psychology with a concentration in gerontology from Drew University. We are not medical professionals and are not providing any medical advice. If you have any medical questions, we recommend that you talk with a medical professional of your choice. willGather has taken care in selecting its speakers but the opinions of our speakers are theirs alone. Thank you for your continued interest in our podcasts. Please subscribe for updates! For more information about our podcast & sponsorship, visit www.willgatherpodcast.com
This episode Alex Aferiat speaks with Jennifer Watson, Corporate Counsel at Liberty Mutual Insurance, where she focuses on litigation. Jen hails from New Jersey and is a graduate of Rutgers University and Seton Hall Law School. She was an associate of three prestigious law firms in New Jersey before heading in-house and joining Liberty Mutual's Boston based team. Jen is also the former National Co-chair of Liberty Employees of African Descent and Allies Group, also known as LEADA.
Scott talks to Jonathan Hafetz about the troubling case of Adham Amin Hassoun, a man who was convicted in 2008 of providing material support to terrorist organizations. Hassoun was a legal resident of the United States, but is not a citizen, so upon completion of his prison sentence in 2017, the government sought to deport him. But Hassoun, born in Lebanon to refugee parents, doesn’t hold citizenship in any country, and the U.S. couldn’t find a country to send him to. Instead, they invoked an obscure section of the Patriot Act that supposedly allows them to detain Hassoun indefinitely. Hafetz and the ACLU are challenging them on this claim, fighting for the freedom of a man who by all accounts has served his time and now deserves his liberty. Discussed on the show: “Government Case Collapses Against Adham Amin Hassoun, First Man Jailed Indefinitely Under Patriot Act” (The Daily Beast) “Zadvydas v. Davis” (Oyez) Jonathan Hafetz is a senior staff attorney at the ACLU Center for Democracy. He teaches at Seton Hall Law School and has published many books. Follow him on Twitter @JonathanHafetz. This episode of the Scott Horton Show is sponsored by: NoDev NoOps NoIT, by Hussein Badakhchani; The War State, by Mike Swanson; WallStreetWindow.com; Tom Woods’ Liberty Classroom; ExpandDesigns.com/Scott; Listen and Think Audio; TheBumperSticker.com; and LibertyStickers.com. Donate to the show through Patreon, PayPal, or Bitcoin: 1KGye7S3pk7XXJT6TzrbFephGDbdhYznTa. https://www.youtube.com/watch?v=YttSXnjTRgI The following is an automatically generated transcript. Show TranscriptScott Horton 0:10 All right, y'all welcome it's Scott Horton Show. I am the director of the Libertarian Institute editorial director of antiwar.com, author of the book Fool's Errand: Time to End the War in Afghanistan. And I've recorded more than 5000 interviews going back to 2003, all of which are available at ScottHorton.org. You can also sign up to the podcast feed. The full archive is also available at youtube.com/ScottHortonShow. All right, so introducing Jonathan. Hey Fitz, senior staff attorney at the ACLU, welcome back to the show. How you doing? Jonathan Hafetz 0:47 Very well in yourself. Scott Horton 0:49 I'm doing great. appreciate you joining us here. And you know, I read this incredibly interesting story. I'm not sure if I ever heard about this specific case or not. Hum. mean, how soon and I hate to quote The Daily Beast, but I do somewhat respect Spencer Ackerman, so Okay. It's a Spencer Ackerman article at The Daily Beast. And it says here that you guys have been representing this guy, and that he has been held since when and for what again? Jonathan Hafetz 1:23 It's a good question. He's been held. Well, he was he was convicted in the 2000s for what's called material support for terrorism. But as the judge in his case found he actually had nothing to do with a group like Al Qaeda and was not directed to us essentially, he was caught up in some kind of broader operation and he was, he was convicted of basically giving money to or supporting charities in places like Chechnya. That We're intended to uh, you know, it's just people there during conflict in Bosnia and Chechnya, nothing directed the United States and he was caught up in the overreaction and the sweeping kind of abuse of authority after 911. And he was anyway but anyway, that he was convicted and he was sentenced to a term imprisonment, the government sought to sentence him to a longer term, much longer term. But the the judge refused, said he was not a threat to national the US national security. And so the case was done. And then he was released from his prison term ended. And he's a loser, longtime resident United States. He's not at his family here, children born here, sister, he's a he's not a citizen. And so he was. He was ordered removed from the country he was going to be deported after his term of imprisonment ended.
Sean Callagy is a leading expert in sales, human influence, and interpersonal communication; three areas where functional medicine providers struggle the most. Sean is the founding member of Callagy Law and the co-founder of UNBLINDED, a sales mastery company that thrives on integrity. And in this episode of The FM Shift, Sean joins us to talk about his sales methodology so we can apply the same techniques in our own practices. What you'll learn about in this episode: Sean's take on the COVID-crisis and its impact on functional medicine practices What business owners can generally control and influence right now How to achieve exponential growth by networking with people who have similar business ecosystems How to use creativity to grow your practice, even when circumstances are pushing you into survival mode. How to mental roadblocks like “disability patients don't have money” The recipe Sean has created to get prospects from “hello” to “yes” How to achieve mastery of listening and communication so you can increase sales at your practice Resources: Website: https://unblindedmastery.com/ https://callagylaw.com/ LinkedIn: https://www.linkedin.com/in/seancallagy/ https://www.linkedin.com/company/unblinded/ https://www.linkedin.com/company/callagy-law/ Facebook: https://www.facebook.com/unblindedmastery/ https://www.facebook.com/SeanCallagyLaw/ Twitter: @SeanRCallagy @CallagyLaw About: Sean Callagy is the Founder and President of the 100 Plus Team of Callagy Law, which is now in 4 states. He is one of only 2 attorneys in America to have Two Top 100 National Jury Verdicts between 2014-2016. Sean is the leader of a medical revenue recovery team that has recovered over 50 million dollars in 2017 and more than 300 million dollars for healthcare providers in unpaid and underpaid claims from insurance carriers. Sean Callagy can't stand lawyers. It's why he built Callagy Law with the ultimate mission to “fundamentally change the way people feel about lawyers, one client at a time.” After attending Columbia University and graduating from Seton Hall Law School in 1996 with cum laude honors, he soon realized that he could only reach his maximum potential by owning his own law firm, so he created Callagy Law in 1999, following a career in one of New Jersey's top law firms. Within three years his firm became a multi-million dollar success story. Sean's law practice not only achieved dramatic growth in size but has recovered $100's of millions of dollars for his clients. Sean is also the founder and leader of the Callagy Results Formula. He has been studying the science of producing results since he was introduced to a peak performance sports psychologist at 16, which led him to become Captain of Columbia University's baseball team, a national level success in moot court at Seton Hall's very prestigious Moot Court team, being recruited to every major law firm out of law school, founding his own law firm in his 20's, creating top national jury verdicts where no one thought justice was possible, and building and creating tremendous attorneys and leaders through his teaching, training, and coaching, which he also has run a successful business in outside of Callagy Law.
Siobhan Carroll was born and raised in Bloomfield, New Jersey just outside of New York City. She is the middle of three daughters, born to Irish Catholic, New Yorkers. Siobhan attended Catholic schools her entire life including Villanova University in Pennsylvania. After one “ill-conceived semester at Seton Hall Law School” she moved to Washington, D.C. During her 20 years in the DC area, her world changed, significantly. 14 years ago she married her husband Marc. Marc and Siobhan are very proud parents of 3 daughters. I am intrigued by Siobhan’s ability to have a “pulse” on everything. This interview was “waaay” too much fun. She is so amazing, heart-warming, and smart too. I’m honored to share her story with all of you. There’s no doubt in my mind that this will be one of those “edge of your seat” experiences, for all. We are delighted to have Siobhan, Marc, and the girls as part of the 12 Oaks family, for the past 11 months and hopefully, many more to come. In This Episode: [02:01] Welcome Siobhan Carroll our 10th “P” in the pod[cast]. She has spent her entire life, developing skills in pursuit of proprietorship. [02:49] Siobhan has realized the formula to success is reading the customer right and leveraging the talents of subject matter experts. [04:44] Lucky for all of us 12 Oakers, Siobhan, Marc and the girls moved to 12 Oaks 11 months ago. [06:29] She was born and raised in Bloomfield, New Jersey and describes this experience as fun. [07:44] She spent a lot of time on her bike and played outside until the lights came on. [08:37] Siobhan learned the value of education from her parents. [10:34] She was instilled with the belief if you work hard, learn, and you continue to have curiosity about the world around you, you are setting yourself up for success down the line. [13:24] She loved her time and had a blast at Villanova. She is also a huge college basketball fan. [15:28] Siobhan shares the story about when her and her friends camped out for basketball season tickets. [18:08] Law school felt like the right path for her based on a number of things. [19:14] For many different reasons, she decided to leave law school, start working at a temp agency and she never looked back. [20:12] She had a variety of careers in her pursuit to proprietorship. [20:19] In terms of the work ethic that was instilled in her by her family, it is hard for her to think of a time when she didn’t have a job. Early on in her life she became the lawn mower of the family. [21:12] In high school she transitioned from a well-loved babysitter to working at McDonald’s. [22:21] During her time at McDonald’s she learned how to make delicious fries of course, but she also learned the basics of the customer service...needs and other skill sets that really helped transfer over to the rest of her career. [24:26] The other thing she really learned at McDonald’s is how other people think and how their experience(s) wasn’t the same as her’s. [25:45] Siobhan started waitressing at an Italian restaurant in Bloomfield. The most fascinating people she has ever met have been chefs. [27:44] She learned very early on when to let things roll off her back and when to push back and put her foot down. [28:16] You will always come across people in your life who you don’t agree with, who don’t treat you well, who don’t like you, or who you don’t like and in some way you have to find a way to either get along with them or contain and move along in your life, away from those sort of folks. [30:23] At Blackboard, Siobhan managed higher education accounts mostly in the states. [32:44] She chose to move on from Blackboard and try some other things. Her friendship with Sarah persisted and then she came back to Blackboard a few years later. [35:36] Siobhan and Marc were not finding the new home they wanted and when they came to visit her sister-in-law and they decided to look around and found 12 Oaks. [35:57] 12 Oaks has a lot that is very attractive as well as the high tension wires which made her feel right at home. [36:48] Driving through 12 Oaks reminds her of the Truman Show. It is a beautiful neighborhood with great amenities. [37:16] Siobhan shares how she got into the Wine and Beer business. [38:37] She loves that wine has the ability to bring people together. [40:12] At the new member orientation back in August there were many people interested in forming a new, additional Wine Club. [42:15] The Wine Club has been a great way to get to know people and a great way to get out of the house. [43:24] She doesn’t like to complain, instead she likes to contribute something that is going to be constructive. [44:27] Siobhan feels that if she has a conversation with someone and has not learned something she has really missed out. She has a curiosity around people, society, who we are and where we are going, plus a continued curiosity about how things work. [46:25] Siobhan loves social media and feels like it is a great distraction. [48:49] She does like new experiences, but she needs to feel a certain element of control. [52:04] Middle children are usually referred to as the diplomat, because you are usually between two strong personalities and are trying to negotiate and figure out how you can get what you want out of the situation. [54:01] Being around people is what she needs, but she also tries to give it back as much as humanly possible. [54:38] Siobhan shares the story about how her and Marc met. [57:13] She loves hanging out with her girls a lot. All three of them are curious and fun kids. [59:04] One of the main things she has learned from her girls is their love for nature. [59:53] Siobhan shares the story about their recent animal excursion at the farms. [60:40] She hates snakes and has been blessed with Nora who is obsessed with all reptiles and amphibians. [62:57] She shares about her love for cooking. [65:09] When her first daughter was born she decided to buckle down and learn how to cook and she loved it. She loves cooking baked meals and having people over. [67:46] She loves exposing her kids to new things and they love helping her cook. [67:30] What are you most proud of? [69:24] What would be a surprise that most people wouldn’t know about you? Links and Resources: 12 Oaks Community Website Team Anderson Realty Bloomfield, NJ where Siobhan was born and raised: https://en.wikipedia.org/wiki/Bloomfield,_New_Jersey Irish Catholic New Yorkers: https://en.wikipedia.org/wiki/Irish_Americans_in_New_York_City Siobhan’s 1st Job outside of home (post the newspaper route days): https://en.wikipedia.org/wiki/McDonald%27s Middle child personality traits: https://www.rd.com/culture/middle-child-traits/ Villanova University: https://www1.villanova.edu/university.html Silver Spring, Maryland: https://en.wikipedia.org/wiki/Silver_Spring,_Maryland Blackboard: https://en.wikipedia.org/wiki/Blackboard_Inc. Just Fun Facts about Wine: http://justfunfacts.com/interesting-facts-about-wine/ Siobhan and Marc’s 1st date: https://en.m.wikipedia.org/wiki/Dude,_Where's_My_Car%3F
How do those adorned in Black robes make it to the bench? Some judges are appointed but some also appear on our ballots. In another installment of our Who We Elect series we discuss the elections of judges, who funds their campaigns, lack of diversity in state supreme courts and how we should evaluate judicial candidates. Our Guest Alicia Bannon is the managing director of the Brennan Center’s Democracy Program. She leads the Center’s Fair Courts Project, where she directs research, advocacy, and litigation to promote a fair judicial system. Bannon has authored several nationally recognized reports and articles on judicial selection, access to justice, judicial diversity, and government dysfunction, and her writing has been featured in the New York Times, Atlantic, and Time, among other outlets. Bannon was previously an adjunct professor at NYU School of Law, where she taught the Brennan Center Public Policy Advocacy Clinic, and at Seton Hall Law School, where she taught a course in professional responsibility and legal ethics. Prior to joining the Brennan Center, Bannon was a John J. Gibbons Fellow in public interest and constitutional law at Gibbons P.C. in Newark, New Jersey, where she engaged in a wide range of public interest litigation within New Jersey and nationally. Bannon was also previously a Liman Fellow and counsel in the Brennan Center’s Justice Program. Bannon received her JD from Yale Law School. She clerked for Hon. Sonia Sotomayor in the United States Court of Appeals for the Second Circuit and Hon. Kimba M. Wood in the United States District Court for the Southern District of New York. She graduated from Harvard College summa cum laude with a degree in social studies. Prior to law school, she worked in Kenya and Uganda, managing impact evaluations of education and health interventions, and at the Center for Global Development in Washington, DC. Reading List Brennan Center for Justice Fair Courts Project - link Elected or Appointed: History of Judicial Selection in the U.S. - Harvard Law Today Methods of Judicial Selection - Ballotpedia Judicial Elections Portal - Ballotpedia Money in Judicial Elections - Brennan Center for Justice
Vince was a French major at Rutgers University. He was drafted into the Army and discovered an interest in the study of law when a fellow soldier loaned him a book on torts. He was hooked. Vince served on active duty and then as an Army reservist for over 20 years. He attended Seton Hall Law School and moved on to a clerkship in Essex County with Family Court Judge Neil Duffy. He received the lead resulting in the clerkship from the man that went on to be the long-term Presiding Judge of the Family Part in Essex County – Retired Judge Thomas P. Zampino.He worked as a general practice lawyer before joining the venerable law firm of Skoloff & Wolfe.With the blessing of Gary Skoloff, Vince started his practice in Morristown and was quickly in front of the New Jersey Supreme Court. Soon after, he formed a partnership with Mike Schlossberg. After Mr. Schlossberg passed away, he operated as a solo and now has reconstituted his firm with three partners Schlossberg, De Meo, & Giusti. The firm operates under the name of Celli, Schlossberg, De Meo & Giusti, PC.We discussed Vince's journey from a young attorney when the divorce and family law business was itself a new phenomenon to the evolution of statutory and court rule changes that have pushed the practice into a negotiation, mediation, and arbitration centered business. He laments that we are greatly polarized as a practice and encourages lawyers to sit and reason into evolving into a kinder and gentler lawyer. Please Enjoy!
Nicole Noonan, Esq., is the founder and CEO of New Chapter Capital, Inc. She is a lawyer, formerly practicing matrimonial and divorce law, and now a guru in divorce funding. There has always been a gap in the ability for people to pay for their divorce services and the need to unlock the assets of the marriage. Failing to access those funds may result in an unfair and inequitable resolution. Nicole's business, New Chapter Capital, solves a big part of that problem.Nicole is a graduate of Boston College and Seton Hall Law School. She clerked for Judge Douglas M. Fasciale and worked as a matrimonial lawyer for Budd Larner and Cutler, Simeone, Townsend, Tomaio, & Newmark, LLC.She has also been featured in articles in Forbes Magazine and Bloomberg.
Cara is a graduate of Rutgers University with majors in Genetics and Psychology. She went on to Seton Hall Law School. Her mentors include her attorney father, John Parmigiani, and an adjunct professor at Seton Hall Law School named Sr. Melanie DiPietro. She also credits multiple classmates, including attorney Debra E. Guston of Argentino Family Law and Child Advocacy, LLC and a beloved, previous guest of The Bold Sidebar.Cara is a true general practice attorney. On any given day she may be working on a real estate contract, a Chancery case, a landlord-tenant matter, or a Tax Court matter. She has covered cases in 15 of New Jersey's 21 counties. She likes general practice because she desires, and is most effective, serving as the all-around attorney for the same person. Cara represents people who may have a range of legal issues. It is a very interesting perspective in a time of great specialization. Cara works alone so when you reach her office, you are reaching her directly. She honors her father by following the words of a simple sign: “Honest Lawyer”. Cara's idea of a great client is one who brings a case that requires some mental acrobatics, and a person who becomes someone you can grow with and who values preventative legal action.There was a gap between Cara's completion of undergraduate studies and her entrance into law school. Cara is no stranger to contact sports having played ice hockey in college and worked as a Muay Thai teacher. She is an experienced Martial Artist with 19 years of training. Check out her law office website LawyerforyouNJ.com. There are two images that we talk about: one is her logo of a buck rearing up and the other is a beautiful picture of her and her pregnant wife on a park bench.Outside the law – we talk about Cara making short films, which can be found at poniesatlaw.com. She is an accomplished artist having displayed in 30 shows. Her art is found at nearenemy.com . Most recently, she is a candidate for Morris County Freeholder in the fall 2019 election, and you can find her at “CaraForFreeholder.com”. Please enjoy this interview and connect your spirits to the way that Cara and I met – through good, old-fashioned human-to-human contact at the New Jersey State Bar Association Convention. Enjoy!If you or anyone you know might be interested in being a guest of The Bold Sidebar – email Tina George attgeorge@hornlawgroup.net for details. Horn Law Group, LLC 801A Main Street Toms River, NJ 08753 T: 732.736.9300 E: tgeorge@hornlawgroup.net Website: https://hornlawgroup.net/ Facebook: https://www.facebook.com/TheBoldSidebar/ https://www.facebook.com/hornlawgroupnj/ LinkedIn:https://www.linkedin.com/company/horn-law-group/ Law Office of Cara A. Parmigiani, LLC355 US-46, Mountain Lakes, NJ 07046T: (973) 722-7655F: 973-378-0043Email: Cara.Parmigiani@gmail.com
Dan is an embryonic immigrant whose parents moved from the oppression of the Soviet Union to the US while his mom was pregnant with him. He is a graduate of Lehigh University and Seton Hall Law School. He operates his law firm – Dan Barli and Associates – out of multiple locations. His journey to practicing law took a severe turn on the first night of Hanukkah soon after the passed the bar exam. His cancer doctor called him at 7:30 pm to tell him that his leukemia had returned. Dan has put significant energy into getting healthy, including undergoing a bone marrow transplant. It took two years for Dan to get back on his feet. Although the real estate market was still very soft, he put on his suit and went knocking on the doors of real estate brokers letting them know he was open for business.Outside of the law, Dan is an avid real estate investor and learner. We are both fans of the “Bigger Pockets” podcast.He has also founded a coaching program to help people achieve financial goals called Financial Freedom Universities.Fun Facts: He teaches continuing education for Realtors in New Jersey. He is a fan of technology, utilizing G chat and trackwithease.com. His advice to his younger self is to do “even more marketing.” His Big Ask is that the world “have more patience” and realize that the law does not provide instant answers. He is a big advocate of continuous learning and lives by the motto “you can always learn more to be better.”Tune in Today and let us know what you think! If you or anyone you know might be interested in being a guest of The Bold Sidebar – email Tina George at tgeorge@hornlawgroup.net for details. Horn Law Group, LLC 801A Main Street Toms River, NJ 08753 T: 732.736.9300 E:tgeorge@hornlawgroup.net Website:https://hornlawgroup.net/ Facebook:https://www.facebook.com/TheBoldSidebar/ https://www.facebook.com/hornlawgroupnj/ LinkedIn: https://www.linkedin.com/company/horn-law-group/ Dan BarliWebsite: https://barlilaw.com/ Email: barlidan@gmail.com T: 973.638.1101Facebook: https://www.facebook.com/lawbarli LinkedIn: https://www.linkedin.com/in/danielbarli/
In this episode, Prof. Denis McLauglin of Seton Hall Law School explains how to prove that a statement is hearsay. It's a complicated matter, and Prof. McLaughlin does an excellent job of parsing out just when a statement is offered to prove "the truth of the matter asserted!"
On the Schmooze Podcast: Leadership | Strategic Networking | Relationship Building
Today's guest has found a way to marry her knowledge of the law with her experience working with influencers to create Hashtag Legal, a law firm dedicated to helping businesses succeed in a digital world. As technology created new opportunities for business owners, the legal industry did not keep up with the times. Hashtag Legal fills that void. Their clients are influencer networks, CEOs of digital empires, online entrepreneurs, creatives, and small business owners. Previously, she was Director of Operations and Chief Counsel at Type-A Parent, the world's premier conference, influencer network and community for mom bloggers, dad bloggers, and the marketers who want to connect with them. She has been a practicing lawyer for over 10 years and has worked for a large, international law firm in New York City on complex commercial matters and for a Federal District Judge on both civil and criminal federal cases. She is also an adjunct professor at Seton Hall Law School. Please join me in welcoming Jamie Lieberman. In this episode we explore: how she defines leadership: “Surrounding yourself with people who do things better than you & being able to bring the best in them out.” the benefits of being the only lawyer in the room the important step to take before launching a business, especially a niche within a traditional industry building a team to complement your strengths and shore up your weaknesses her conference strategy to make great connections before, during, and even after the event Stay tuned until the end of the episode to hear what I thought were the key takeaways you could put into practice this week and benefit from for years to come. Listen, subscribe and read show notes at www.OnTheSchoomze.com - episode 51
Jamie Lieberman is a partner and founder of Hashtag Legal. Jamie has extensive experience drafting and reviewing contracts, forming entities, drafting site terms and negotiating on behalf of clients. Jamie also has commercial litigation experience, so she has a strong understanding of business and corporate law. Jamie has been a practicing lawyer for over 10 years and has worked for a large, international law firm in New York City on complex commercial matters and for a Federal District Judge on both civil and criminal federal cases. Jamie currently teaches Appellate Advocacy at Seton Hall Law School as an adjunct professor. She is also the former Director of Operations and Chief Counsel at an influencer network and has extensive experience working with brands and bloggers at live events and through campaigns. Jamie graduated from Seton Hall Law School, magna cum laude, Order of the Coif and was the Managing Editor of the Seton Hall Law Review. She completed her undergraduate degree at Lehigh University, with a Bachelor’s Degree in Business and Economics. Jamie is admitted to practice in New York and New Jersey.Learn more: www.hashtag-legal.comInfluential Influencers with Mike Saundershttp://businessinnovatorsradio.com/influential-entrepreneurs-with-mike-saunders/
Jamie Lieberman is a partner and founder of Hashtag Legal. Jamie has extensive experience drafting and reviewing contracts, forming entities, drafting site terms and negotiating on behalf of clients. Jamie also has commercial litigation experience, so she has a strong understanding of business and corporate law. Jamie has been a practicing lawyer for over 10 years and has worked for a large, international law firm in New York City on complex commercial matters and for a Federal District Judge on both civil and criminal federal cases. Jamie currently teaches Appellate Advocacy at Seton Hall Law School as an adjunct professor. She is also the former Director of Operations and Chief Counsel at an influencer network and has extensive experience working with brands and bloggers at live events and through campaigns. Jamie graduated from Seton Hall Law School, magna cum laude, Order of the Coif and was the Managing Editor of the Seton Hall Law Review. She completed her undergraduate degree at Lehigh University, with a Bachelor’s Degree in Business and Economics. Jamie is admitted to practice in New York and New Jersey.Learn more: www.hashtag-legal.comInfluential Influencers with Mike Saundershttp://businessinnovatorsradio.com/influential-entrepreneurs-with-mike-saunders/
The parties in a litigated divorce spend years—and tens-of-thousands of dollars—preparing for a trial that is extremely unlikely to happen. This disconnect led to the development of mediation as an option, allowing divorcing couples to work toward settlement without spending unnecessary time and money in preparation for a trial that will never come to fruition. Are there other myths and misconceptions about the conventional litigation model? What are the benefits of mediation? Sam Margulies is one of the most experienced mediators in the country, having facilitated settlements in hundreds of civil disputes and approximately four thousand divorces since 1980. Sam also has 35 years of experience training divorce mediators and conducting civil mediation training programs. He has served as Director of the Institute for Dispute Resolution of the Seton Hall Law School and taught graduate courses in mediation at the University of North Carolina at Greensboro. Sam is also the author of three books on divorce and mediation: Getting Divorced Without Ruining Your Life, A Man’s Guide to Civilized Divorce, and Working with Divorcing Spouses. Today, Sam joins Katherine to discuss his experiences in the early days of mediation, explaining the impetus behind its development and the threat mediation posed to traditional litigators. He speaks to the public’s ignorance of settlement as the norm in divorce cases and the unnecessary cost of discovery in the conventional system. Listen in to understand why Sam recommends mediation as the first option for divorcing couples and learn how mediation seeks to create a system in which every family member can thrive. Topics Covered Sam’s experiences in the early days of mediation The impetus behind mediation as an option • Divorce cases prepared for trial • Vast majority settle out of court The Family Therapy Movement’s influence on mediation The significant resistance to mediation from traditional divorce litigators • Discussion around disbarment proceedings The lack of data re: the percentage of couples who divorce through mediation The ongoing negative sentiment litigators harbor toward mediation Why the public is woefully ignorant about settlement as the norm The unnecessary cost of discovery in the conventional system of divorce How bad faith breeds and grows during the discover process Why law is the only professional in which pessimism positively correlates with success Sam’s recommendation that couples look at mediation as their FIRST option How an understanding of settlement norms would lead to quicker resolution • Equitable distribution, alimony norms, child support guidelines Mediation’s objective to create a system in which every family member can thrive Connect with Sam Margulies Sam’s Website: https://sammargulies.com/ Call (336) 669-3141 Resources Getting Divorced Without Ruining Your Life by Sam Margulies: https://www.amazon.com/Getting-Divorced-Without-Ruining-Your/dp/B001PO68FG/ref=ntt_at_ep_dpi_1 A Man’s Guide to Civilized Divorce by Sam Margulies: https://www.amazon.com/Mans-Guide-Civilized-Divorce-Little/dp/1579547990/ref=asap_bc?ie=UTF8 Working with Divorcing Spouses: How to Help Clients Navigate the Emotional and Legal Minefield by Sam Margulies: https://www.amazon.com/Working-Divorcing-Spouses-Emotional-Minefield/dp/1593854811/ref=la_B001IO9QG6_1_1?s=books&ie=UTF8&qid=1526835943&sr=1-1 How to Tell Your Spouse You Want a Divorce: https://www.youtube.com/watch?v=7B3Rughx5Ms Connect with Katherine Miller The Center for Understanding Conflict: http://understandinginconflict.org/ Miller Law Group: https://westchesterfamilylaw.com/ Katherine on LinkedIn: linkedin.com/in/kemiller1 The New Yorker’s Guide to Collaborative Divorce by Katherine Miller: https://www.amazon.com/New-Yorkers-Guide-Collaborative-Divorce/dp/0692496246 Email: katherine@westchesterfamilylaw.com Call (914) 738-7765
Detainees held by the United States government at the Guantanamo Bay prison have been administered very high doses of the drug Mefloquine, according to a new report from Seton Hall Law School. While the drug is a powerful anti-malarial, it also has a number of adverse side effects, which include hallucinations, paranoia and depression. On today’s Underreported segment Mark Denbeaux, one of the reports authors and director of the Seton Hall Law Center for Policy & Research, discusses why administration of the drug to detainees (at five times the regular dosage) is controversial.
Daniel J. Solove is a professor of law at the George Washington University Law School. He received his A.B. in English Literature from Washington University, where he was an early selection for Phi Beta Kappa, and his J.D. from Yale Law School. At Yale, Professor Solove won the university-wide scholarly writing Field Prize and served as symposium editor of the Yale Law Journal and as an editor of the Yale Journal of Law & the Humanities. Following law school, Professor Solove clerked for The Honorable Stanley Sporkin, U.S. District Court for the District of Columbia. After practicing law as an associate at the firm of Arnold & Porter in Washington, D.C., Professor Solove began a second clerkship with The Honorable Pamela Ann Rymer, U.S. Court of Appeals for the Ninth Circuit. He began his law teaching career at Seton Hall Law School in 2000. He joined the George Washington University Law School faculty in 2004. Professor Solove writes in the areas of information privacy law, cyberspace law, law and literature, jurisprudence, legal pragmatism, and constitutional theory. He teaches information privacy law, criminal procedure, criminal law, and law and literature. An internationally known expert in privacy law, Solove has been interviewed and quoted by the media in several hundred articles and broadcasts, including the New York Times, Washington Post, Wall Street Journal, USA Today, Chicago Tribune, the Associated Press, ABC, CBS, NBC, CNN, and NPR. Professor Solove is the author of Understanding Privacy (Harvard University Press 2008), The Future of Reputation: Gossip, Rumor, and Privacy on the Internet (Yale University Press 2007), The Digital Person: Technology and Privacy in the Information Age (NYU Press 2004) and Information Privacy Law (Aspen Publishing, 3rd ed. 2009), among other titles. His book, The Future of Reputation, won the 2007 McGannon Award. He has written more than 25 articles, which have appeared in many of the leading law reviews, including the Stanford Law Review, Yale Law Journal, California Law Review, U. Pennsylvania Law Review, NYU Law Review, Michigan Law Review, and U. Chicago Law Review, among others. He has consulted in high-profile privacy law cases, contributed to amicus briefs before the U.S. Supreme Court, and testified before Congress. He serves on the advisory board of the Electronic Privacy Information Center and is on the board of the Law and Humanities Institute. Professor Solove blogs at Concurring Opinions, a blog covering issues of law, culture, and current events. It was selected by the ABA Journal as among the 100 best law blogs.
Dan Solve, Privacy Law Professor, Author of TheFuture of Reputation Professor Solove is an associate professor of law at the George Washington University Law School. He received his A.B. in English Literature from Washington University, where he was an early selection for Phi Beta Kappa, and his J.D. from Yale Law School. At Yale, Professor Solove won the university-wide scholarly writing Field Prize and served as symposium editor of the Yale Law Journal and as an editor of the Yale Journal of Law & the Humanities. Following law school, Professor Solove clerked for The Honorable Stanley Sporkin, U.S. District Court for the District of Columbia. After practicing law as an associate at the firm of Arnold & Porter in Washington, D.C., Professor Solove began a second clerkship with The Honorable Pamela Ann Rymer, U.S. Court of Appeals for the Ninth Circuit. Professor Solove began teaching at Seton Hall Law School in 2000. In the fall semester of 2003, he was a visiting professor at the George Washington University Law School. He permanently joined the George Washington University Law School faculty in 2004. Professor Solove writes in the areas of information privacy law, cyberspace law, law and literature, jurisprudence, legal pragmatism, and constitutional theory. He teaches information privacy law, criminal procedure, criminal law, and law and literature. An internationally known expert in privacy law, Solove has been interviewed and quoted by the media in over 100 articles and broadcasts, including the New York Times, Washington Post, Chicago Tribune, Toronto Star, Associated Press, ABC News, CBS News, NBC News, CNN, and National Public Radio. Professor Solove recently published a new book, THE DIGITAL PERSON: TECHNOLOGY AND PRIVACY IN THE INFORMATION AGE (NYU Press, December 2004), which distinguished Berkeley Law School Professor Pamela Samuelson calls "the best exposition thus far about the threat that computer databases containing personal data about millions of Americans poses for information privacy." The book was recommended in the Wall Street Journal's Recommended Reading column in July 2005. Additionally, Solove also authored a casebook, INFORMATION PRIVACY LAW (Aspen, January 2003) (with Marc Rotenberg). Solove has published about 20 articles and essays, which have appeared or are forthcoming in many of the leading law reviews, including the Stanford Law Review, Yale Law Journal, California Law Review, University of Pennsylvania Law Review, Michigan Law Review, Duke Law Journal, Minnesota Law Review, and Southern California Law Review, among others. He serves on the advisory board of the Electronic Privacy Information Center and is the president of the Law and Humanities Institute. He has contributed to several amicus briefs before the U.S. Supreme Court. Daniel J. Solove Associate Professor of Law George Washington University Law School 2000 H Street, NW Washington, DC 20052 Website: http://www.law.gwu.edu/facweb/dsolove/
A talk show on KZSU-FM, Stanford, 90.1 FM, hosted by Center for Internet & Society Resident Fellow David S. Levine. The show includes guests and focuses on the intersection of technology and society. How is our world impacted by the great technological changes taking place? Each week, a different sphere is explored. This week, David interviews Prof. Frank Pasquale of Seton Hall Law School regarding search engine regulation.
© 2020-2025 Ivy Podcast Discovery LLC
