Law on Film

• 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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• On the Waterfront (1954) (Guest: Warren Scharf) (episode 42)

  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 [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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• Ali (2001) (Guest: Dave Zirin) (episode 41)

  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 [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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