Jonathan Hafetz

Wonderful to participate in @icon-s.bsky.social in Brasilia

The Return of Martin Guerre (1982) (France) (Guest: Joseph Dellapenna) (episode 46) - Law on Film 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 B...

Jut out on Law on Film podcast: The truly great historical-legal drama, "The Return of Martin Guerre".
www.buzzsprout.com/2073468/epis...

My latest article, "Digital Information Technologies and International Humanitarian Law: New Challenges and Opportunities" is now out in the Denv. J. Int'l L. & Policy. Thanks again to all those who offered helpful feedback along the way
papers.ssrn.com/sol3/papers....

First They Killed My Father (2017) and The Gate (2014) (Guest: Melanie O'Brien) (episode 37) - Law on Film 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 Ki...

I talk about these sites in an episode of Law on Film, @jonathanhafetz.bsky.social's excellent & informative podcast about #law in the movies. #genocide #Cambodia www.buzzsprout.com/2073468/epis...

«International Criminal Law and the Global Pursuit of Justice: Challenges and Imperatives in the 21st Century» …

Honored to give the keynote address tomorrow to the Ilustre y Nacional Colegio de Abogados de Mexico, on "International Criminal Law and the Global Pursuit of Justice: Challenges and Imperatives in the 21st Century"
incam.org/event/intern...

Law on Film

Honored to have Aziz Huq @uchicagolaw.bsky.social join me on Law on Film podcast to discuss Bernardo Bertolucci's "The Conformist" and why this masterpiece about fascism is as timely now as ever.
www.lawonfilm.com

Global migration and the challenge for international human rights and refugee law | International Bar Association A webinar presented by the IBA Human Rights Law Committee and supported by the IBA Immigration and Nationality Law Committee This webinar will look at the current challenges to the protections of refu...

I look forward to moderating this upcoming webinar on June 23 for the International Bar Association @ibaevents.bsky.social on global migration and the challenge for international human rights and refugee law. More information and registration here:
www.ibanet.org/conference-d...

Dark Waters (2019) (Guest: Mark Templeton) (episode 44) - Law on Film 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 contaminati...

Great to have my former law school classmate and longtime friend @markntempleton.bsky.social‬ on my Law on Film podcast to talk about "Dark Waters" and the prospects for environmental justice in America.
www.buzzsprout.com/2073468/epis...

With the help of colleagues @tylermcbrien.com & @annahickey.lawfaremedia.org of @lawfaremedia.org , I compiled this interactive table of the state of play of litigation over Trump's Alien Enemies Act proclamation. Lemme know if you see errors.
lawfaremedia.org/alienenemiestable

It was an honor participating in a panel addressing national security and immigration issues, and the current threats to the Constitution @lawandsociety.bsky.social in Chicago, with @akalhan.bsky.social, @pmargs.bsky.social, @nicolehallett.bsky.social, Eunice Lee, Arianna Vedaschi, Chiara Graziani,

Springsteen Releases EP Including Remarks That Angered Trump

The Boss will not back down: www.nytimes.com/2025/05/21/a...

The continued delay merely to grant the bail application has such a chilling effect on speech, on top of furthering the cruelty.

Ten Things You Should Know About Habeas Corpus During wartime, does the president of the United States have to abide by the Constitution and be subject to oversight by Congress and the judicial branch? Or, is the president above the law, answering...

I wrote this basic guide years ago to correct some misperceptions surrounding habeas corpus. I'm glad I now have an audience.
www.brennancenter.org/our-work/res...

True. There is, sadly, a great body of literature that gives perspective to the terrifying moment that always seems on the precipice of something worse

Victor Navasky's "Naming Names" should be next book everyone reads.

I Just Didn't Do It (2007) (Guest: Naoko Akimoto) (episode 43) - Law on Film 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 p...

On the new episode of Law on Film podcast, Professor Naoko Akimoto of Rikkyo University in Tokyo joins me to discuss the movie, "I Just Didn't Do It," and issues around criminal trials in Japan.
www.buzzsprout.com/2073468/epis...

Trump’s assault on the First Amendment The Trump administration has executed a wide-ranging crackdown on freedom of speech by targeting student protestors, lawyers and the press.

Trump is waging "the gravest assault on free speech since at least the McCarthy era," as @jonathanhafetz.bsky.social says--but it's the failure of so many powerful institutions to fight back that's even more ominous for our democracy. www.ibanet.org/Trumps-assau...

(2)

(2) an escalation of the deepening conflict between Trump and the federal courts.

Most importantly, suspensions ARE judicially reviewable. So the two main effects of any attempt by Trump to suspend habeas will be: (1) more losses in court for Trump (adding to his string of defeats in Alien Enemies Act cases and attempted deportations for First Amendment protected activities); and

Habeas Corpus after 9/11: Confronting America’s New Global Detention System [Open Access] 2012 American Bar Association Gavel Award Honorable Mention for Books2012 Scribes Book Silver Medal Award presented by the American Society of Legal WritersThe U.S. detention center at G...

In my book, "Habeas Corpus after 9/11" I provide an overview of prior suspensions which underscore how utterly different and lawless Trump/Miller's contemplated suspension would be. Open access link: opensquare.nyupress.org/books/978081...

Stephen Miller’s latest about suspending habeas corpus is wrong on so many levels: 1) the power lies with Congress; 2) the high bar for suspension is not met (migrants are not an invading force threatening the public safety): and 3) you don’t get to suspend habeas because you are losing in court.

Trump administration considering labeling some suspected cartel and gang members inside the US as ‘enemy combatants’ | CNN Politics The Trump administration has been examining whether it can label some suspected cartel and gang members inside the US as “enemy combatants” as a possible way to detain them more easily and limit their...

No, there isn't any argument whatsoever that the president can declare migrants "enemy combatants". Every day, a new low, and new level of cruelty and stupidity.
edition.cnn.com/2025/05/02/p...

Columbia student Mohsen Mahdawi is free on bail after judge orders his release from federal custody Mohsen Mahdawi, a 34-year-old U.S. permanent resident who was raised in a refugee camp in the West Bank, was detained during his April 14 naturalization interview in Vermont.

Finally, a judge orders the release of a detainee, Mohsen Mahdawi, who was the target of Trump’s lawless immigration policy that represents the gravest assault on First Amendment rights since the Red Scare of the McCarthy era. A judge, in short, acting like a judge. www.nbcnews.com/news/us-news...

In a really important passage, the judge rejects the relevance of the Second Red Scare precedents that the govt is relying upon, and affirms the significance of the 1A interests at stake here. The opinion makes clear how egregious the govt's actions have been.

On the Waterfront (1954) (Guest: Warren Scharf) (episode 42) - Law on Film 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 ...

On the latest Law on Film podcast, I'm joined by Warren Scharf to discuss "On the Waterfront," whose themes of power, corruption, and betrayal are as timely as ever, as are director Elia Kazan's effort to justify collaborating in the witch hunts of the McCarthy era
www.buzzsprout.com/2073468/epis...

2-Year-Old U.S. Citizen Was Deported ‘With No Meaningful Process,’ Judge Suspects A federal judge in Louisiana said the deportation of the child to Honduras with her mother, even though her father had filed an emergency petition, appeared to be “illegal and unconstitutional.”

Attention #SCOTUS: important data point if you make the tragic mistake of green lighting any of Trump’s plan to eradicate birthright citizenship. U.S. citizens, including children, will be deported, likely in staggering numbers www.nytimes.com/2025/04/25/u...

Some thoughts from me here on the Supreme Court, the Alien Enemies Act, and the problems of the "passive virtues" in judicial decisionmaking in Trump 2.0 balkin.blogspot.com/2025/04/the-...

As I explain on @lawfaremedia.org, the Supreme Court is now facing a critical test of its willingness to serve as a meaningful check on lawless executive action in the second Trump administration.
www.lawfaremedia.org/article/habe...

Powerful ruling by Judge Wilkinson in CA4 on the Trump administration’s continued lawlessness and defiance in Abrego García. The cites to Brown v. Bd and Cooper v. Aaron smartly frame the narrative as a historic test of the rule of law in the U.S. storage.courtlistener.com/recap/gov.us...