Law on Film

• No Other Land (2024) (Palestinian-Israeli) (Guests: Omer Bartov & Lisa Hajjar) (episode 47)

  No Other Land (2024) is the Oscar-winning documentary that shows the brutal destruction of a Palestinian community in the occupied West Bank. Recorded between 2019 to 2023, the film tells the story of Basel Adra, a young Palestinian activist, who has been protesting the Israeli army’s destruction of homes and eviction of villagers. Adra is assisted by Yuval Abraham, a Jewish Israeli journalist. (They are also two of the film’s four directors). To Adra and other Palestinians, the Israeli army is destroying their homeland. The Israeli army, however, maintains that the inhabitants are on land that the military needs for live-fire military training and that the evictions have been duly authorized by Israeli courts. The situation turns violent—Adra’s cousin is shot by Israeli soldiers in the days after the Oct 7 attacks—and Adra himself is endangered by his efforts to record the evictions and protests. The film provides a penetrating look not only at a Palestinian community in the West Bank but also at the plight of those being forced off their land--with literally nowhere else to go. [Editor's Note: Since the recording of this episode, Odeh Hathalin, a Palestinian activist and contributor to the film, was shot and killed in a village in Masafer Yatta by an Israeli settler.]Timestamps:0:00     Introduction3:42      Masafar Yatta and the Occupied West Bank7:43      The legal apparatus of illegal occupation13:14    The “Gazafication” of the West Bank20:08   The meaning of “No Other Land”23:21    Israel and the international community31:24    The crackdown on free speech in the United States and in Israel34:41    A complex story of an Israeli-Palestinian friendship41:18     The power of images43:07    Growing Israeli indifference to Gaza and the West Bank after Oct. 748:30    The film’s reception in Israel 49:53    Law-based criticism of Israel and antisemitism Further reading:Bartov, Omer, “I’m a Genocide Scholar. I Know It When I See It,” New York Times (July 15, 2025)Beinart, Peter, Being Jewish after the Destruction of Gaza: A Reckoning (2025)Caplan, Neil, The Israel-Palestine Conflict: Contested Histories (2010)Hajjar, Lisa, “International Humanitarian Law and ‘Wars on Terror’: A Comparative Analysis of Israeli and American Doctrines and Policies,” 36 Journal of Palestine Studies 36 (Autumn 2006)Kaufman, Anthony, "No Other Distribution: How Film Industry Economics and Politics Are Suppressing Docs Sympathetic to Palestine and Critical of Israel," Int’l Documentary Ass’n (Jan 15, 2025)Khalidi, Rashid, The Hundred Years’ War on Palestine: A History of Settler Colonialism and Resistance, 1917-2017 (2020)Lukenville, Mackenzie, “The Only Path Forward: ‘No Other Land,’” Int’l Documentary Ass’n (Dec. 5, 2024)Sfard, Michael, Occupation from Within: A Journey to the Roots of the Constitutional Coup (2025)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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• The Return of Martin Guerre (1982) (France) (Guest: Joseph Dellapenna) (episode 46)

  The Return of Martin Guerre is a 1982 French historical drama directed by Daniel Vigne and staring Gerard Depardieu. The film describes the historical case of Martin Guerre who leaves his young wife Bertrande (Nathalie Baye) in the small French village of Artigat to fight in a war and travel. Around eight years later, the false Martin (played by Depardieu) returns to the village to resume his life. The false Martin (whose real name is Arnaud du Tilh) persuades the people in the village that he is in fact Martin Guerre. This includes Bertrande, who goes on to have two children with the false Martin and who seems happy to finally have a husband who loves her, as opposed to the real Martin, with whom she was trapped in an arranged and loveless marriage. But when the imposter Martin presses his uncle for the money he is owed for his land, the uncle denounces him as a fraud. An investigation and trial follow to determine if the Depardieu character is the real Martin. The imposter Martin is on the verge of winning until the real Martin shows up at the last minute, exposing the imposter Martin, who then confesses. The imposter (i.e., Arnaud) is then led to the gallows and hanged, and the real Martin resumes his place in the village.Timestamps:0:00     Introduction2:56      Teaching comparative law through film4:18       A quick primer on French legal history7:33       Jean de Coras and the Parliament of Toulouse11:28      How the false Martin Guerre becomes Martin Guerre16:12      The allegations against Martin and Bertrande21:01      The trial of Martin Guerre25:16      How the false Martin almost pulls it off27:26     The execution31:29      Religious conflict in 16th century Europe34:59     The difficulty of proving identity at the time Further reading:Bienen, Leigh Buchanan, Book Review, “The Law as Storyteller,” 98 Harv. L. Rev. 494 (1984)Davis, Natalie Zemon, The Return of Martin Guerre (1983)Dellapenna, Joseph, “Peasants, Tanners, and Psychiatrists: Using Films to Teach Comparative Law,” 36 (1) Int’l J. Legal Information 156 (2008)Finlay, Robert, “The Refashioning of Martin Guerre,” 93(3) Am. Hist. Rev. 553 (1988)Hall, Phyllis A., “Teaching Analytical Thinking through the AHR Forum and ‘The Return of Martin Guerre’” Perspectives on History (Jan. 1, 1990)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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• The Conformist (1970) (Guest: Aziz Huq) (episode 45)

  This episode examines The Conformist, Bernardo Bertolucci’s 1970 political drama set in 1930s Italy. The film centers on Marcello Clerici (Jean-Louis Trintignant), a mid-level Fascist functionary who is ordered to assassinate his former professor, an anti-fascist dissident living in Paris. The film, which includes many flashbacks to Clerici’s early life and decision to join the secret police, provides powerful and chilling insights into the psychology of conformism and fascism The film, widely considered one of the greatest ever made, not only features outstanding performances but also superb production design (Fernando Scarfiotti) and cinematography (Vittorio Storaro) that helps capture Italy under Mussolini. The film is as timely today as it was when it was released, as the world witnesses a resurgence of authoritarianism in the United States and Europe.Timestamps:0:00      Introduction3:45       Fascist Italy under Mussolini7:58       Why Clerici joins the fascists12:39     Repression of sexual orientation and the desire to belong14:10      Why people are vulnerable to fascism18:56      Manganiello and the fascist enforcer23:43     Perspectives on normalcy and the scenes in Paris31:56      How the film speaks to the Trump era36:40     Architecture in Mussolini’s Italy39:08     The murder of Quadri and Anna44:39     After Mussolini falls50:30     The lack of consequences for going along with fascism 56:04     The Holocaust in Mussolini’s Italy      Further reading:Bosworth, R.J.B., Mussolini’s Italy: Life under the Fascist Dictatorship, 1915-1945 (2006)Elbiri, Bilge, “It’s Time to See ‘The Conformist’ Again,” Vulture (Jan. 14, 2023)Huq, Aziz, "America Is Watching the Rise of a Dual State," The Atlantic (Mar. 23. 2025)Kael, Pauline, “‘The Conformist’: The Poetry of Images,” New Yorker (Mar. 27, 1971)   Moravia, Alberto, The Conformist (1951)Musil, Robert, The Man Without Qualities (1930-43) 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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• Dark Waters (2019) (Guest: Mark Templeton) (episode 44)

  Dark Waters (2019), directed by Todd Haynes, tells the real-life story of how a lawyer, Rob Bilott (Mark Ruffalo), waged a twenty-year battle to hold the DuPont corporation accountable for contaminating a local water supply with carcinogenic chemicals that poisoned tens of thousands of people. While Bilott is ultimately able to achieve some degree of compensation and justice for the victims, the film shows the challenges of litigating against a powerful company bent on denying responsibility and covering up its misconduct.  Timestamps:0:00       Introduction2:35        The origins: a small case for a family friend back home6:24        Teflon and the “miracle” chemical10:24      How attorney Rob Bilott uncovers the pollution13:49      Getting the Taft firm on board21:50      Addressing the legal challenges in the case 24:30     Medical monitoring and causation in toxic tort cases28:36      Divisions in the community, financial pressures, and client management30:30     DuPont’s clout35:14       Bellwether trials: trying the cases in court39:44      What the litigation achieved and the continued challenges46:27      The risks of “forever chemicals”49:50      Developments since the film was released55:43      Can the legal system deliver justice?1:01:53    Some further developmentsFurther reading:Bilott, Robert, Exposure: Poisoned Water, Corporate Greed, and One Lawyer's Twenty-Year Battle against DuPont (Atria Books 2019)Carucci, Rob, “Leadership Lessons from Rob Bilott’s 20 Year Battle for Justice Against DuPont,” Forbes (July 12, 2021)Nevitt, Mark P. & Percival, Robert V., “Can Environmental Law Solve the ‘Forever Chemical’ Problem,” 57 Wake Forest L. Rev. 239 (2022)Rich, Nathaniel, “The Lawyer Who Became DuPont’s Worst Nightmare,” N.Y. Times Magazine (Jan. 6, 2016)Small, Sarah Chen, Note, “Toxic Film: Analyzing the Impact of Films Depicting Major Contamination Events on the Regulation of Toxic Chemicals,” 35 Georgetown Env. L. Rev. 561 (2023)Tabuchi, Hiroko, “Trump Administration to Uphold Some PFAS Limits but Eliminate Others,” N.Y. Times (May 14, 2025) 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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• I Just Didn't Do It (2007) (Guest: Naoko Akimoto) (episode 43)

  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 [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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