Law on Film

• Mr. Untouchable (2007) (Guest: Robert B. Fiske) (episode 38)

  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 [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

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• First They Killed My Father (2017) and The Gate (2014) (Guest: Melanie O'Brien) (episode 37)

  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 [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

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• Matewan (1989) (Guest: Fred B. Jacob) (episode 36)

  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 [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

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  1:05:47
• Minamata: The Victims and Their World (1971) & Minamata (2020) (Guest: Darryl Flaherty) (episode 35)

  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

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  1:07:25
• Black Hawk Down (Guest: Greg Fox) (episode 34)

  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

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