Law on Film

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 [email protected] can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast

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 [email protected] 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 [email protected] 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   Introduction2:15     Who were Rudolf Abel & James Donovan5:56    Cold War tensions and anxieties8:54    American justice on trial11:55    Misusing immigration law17:46    Abel’s arrest and the legal issues in the case24:46  Abel’s disappearance and coercive interrogation      30:23  A history of anti-communist hysteria 32:04 Cherry-picking from legal categories to avoid constitutional guarantees42:57  A frightening time for noncitizens engaged in political activity49:32  A foreshadowing of government abuses after 9/1153:51  A questionable citation to Yick Wo v. Hopkins59:01   The vast system of immigration detention105:24 Behind the Iron Curtain111:07  An ex parte conversation with the judge116:25  The aftermath for Abel, Donovan, and Francis Gary Powers120:29  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 [email protected] can follow him on X (Twitter) @jonathanhafetz You can follow the podcast on X (Twitter) @LawOnFilmYou can follow the podcast on Instagram @lawonfilmpodcast