Archive for August, 2011

DSK: Case Dismissed

Saturday, August 27th, 2011

By Erica Zaragoza

Castigated by the news media only a few short weeks ago, Dominique Strauss-Kahn is now a free man. The DSK sexual assault case, that confined him to New York City since May and stayed in the news for months, was dismissed earlier this week. As a result of the alleged victim’s deceit, the prosecution’s case against DSK fell apart. Criminal charges were dismissed from the New York State Supreme Court due to an inability to prove beyond a reasonable doubt that the assault actually occurred.

On a related note, DSK’s defense attorney, Ben Brafman, was a guest at the first Forum Film Festival. Check out his talk here.

Benton, Corman and Felder at the Forum

Saturday, August 27th, 2011

By Erica Zaragoza

Robert Benton wrote the screenplay for Kramer vs. Kramer, which was adapted from Avery Corman’s novel of the same name. Benton also directed the feature. The novel, written in 1977, changed public perception on matters regarding child custody and divorce. Subsequently, in 1979, the movie reached a larger audience, creating even more controversy. Making over $100 million at the box office, Robert Benton’s film struck a chord. Phenomenally cast, Kramer vs. Kramer received 5 Academy Awards: Best Actor, Best Picture, Best Adapted Screenplay, Best Supporting Actress, and Best Director – a true testament to the overall quality of the film.

Raoul Felder, a notorious divorce attorney and the author of Bare Knuckle Negotiation, has said that no movie characterized the process of bitter family court and divorce proceedings quite as accurately as Kramer vs. Kramer. Such praise from a man who knows the ins-and-outs of divorce court speaks volumes. Fortunately, Felder will join Robert Benton and Avery Corman, at the Forum’s 2011 Film Festival to discuss the societal impact of Kramer vs. Kramer – the book & movie.

Bean, Gross and Goldhagen on “M”

Thursday, August 25th, 2011

By Ben Falk

Henry Bean and Larry Gross know what it takes to make a good movie. They’ve made a few of them, including The Believer, We Don’t Live Here Any More and 48 Hrs. Sarah Goldhagen knows what we, as a culture, think. She is a critic for The New Republic and an author. Together, the three of them will be concentrating their significant intellectual firepower on Fritz Lang’s masterpiece, “M,” at the Forum on Law, Culture and Society’s film festival on October 20. While this is an old film, it is a classic. With these three discussing its importance as a film and what it says about how we view crime, it promises to be an exciting evening.

Thane Rosenbaum Quoted in the NY Times

Tuesday, August 23rd, 2011

Forum Director Thane Rosenbaum was quoted in The New York Times yesterday in a piece on Lowell Milken’s $10 million donation to U.C.L.A. Law. Thane argues that law schools should be wary of accepting donations from those with questionable pasts. He comments that public universities taking donations from those who had run-ins with the law in order to finance academic programs is “a kind of ‘academic cynicism’.”

Milken’s millions, no matter what he’s doing with it, is just one example of Wall Street excess, for more click here and here.

Kramer vs. Kramer; Father vs. Mother

Sunday, August 21st, 2011

By Erica Zaragoza

You could be daddy’s little girl, a momma’s boy, your mother’s daughter, or your father’s son. Everyone has heard these characterizations. However until recently, in the eyes of the court, mothers were always favored in custody battles, unless of course, there is evidence of gross negligence.

Kramer vs. Kramer, starring Meryl Strep as Joanna Kramer, Dustin Hoffman as Ted Kramer, and Justin Henry as their son Billy, is the story of a mother leaving her family behind to find herself. In the wake of her departure, a father and son, seemingly estranged, are left to build a rapport of trust, which subsequently turns into an intimate, loving relationship. Following Joanna’s parenting hiatus, she returns to claim custody of Billy. A bitter court battle ensues. Critically acclaimed, Kramer vs. Kramer challenged the generally held notion that a child is better cared for by its mother, regardless of who has their son’s best interest in mind. In the film, the court based its decision on this doctrine.

While the filmmakers seem to want the audience to hate Joanna’s character, given that she was the one to leave her family and then demand custody of her son, I had a different reaction. Upon her return, I could not help myself from sympathizing with Joanna. I understood her sense of guilt and the remorse she had for leaving.

In today’s society we praise mothers who accept culpability for their bad behavior, and forgive them when they vow to turn over a new leaf. Britney Spears, for example, was a star on a destructive path. She lost custody of her sons. She was admitted into a psychiatric ward and placed on suicide watch. Spears had lost control of her life. This sense of desperation and lack of control seems to parallel Joanna’s feelings. Joanna’s decision to flee wasn’t based on a specific occurrence, but on a holistic illness that needed to be addressed immediately. In turn, we learn throughout the movie that her apparent selfish motivation for leaving was actually the ultimate act of selflessness.

The acrimonious custody battle resulted in the court awarding full custody to Joanna Kramer, solely based on her being Billy’s mother. Joanna and Ted’s respective attorneys engaged in unfortunate character attacks, disparaging the other party’s ability as a parent. When Joanna’s attorney exposed evidence regarding Ted’s dismissal from his high paying position at an advertising agency, this seemed to have a significant impact on the judge’s decision. The reason for this though, was Ted’s new-found devotion to his son. Ted became Billy’s mother and father, overcompensating and trying his best to acclimate his son to a life without a mother. Their strong bond and connection is depicted in the scene where Billy learns to ride his bike. The expression on Ted’s face, of a proud father, says a thousand words. Ted’s commitment to stabilizing Billy’s life after such a debilitating incident truly shows his dedication to being a great father. It is a touching portrayal of the intimate relationship that developed between father and son in the absence of a mother.

The film received praise for its accurate portrayal of the ravaging effects divorce takes on all parties involved. While it was not universally loved, especially due to its portrayal of Joanna, Kramer vs. Kramer won five Academy Awards, including Best Picture, Best Actor in a Leading Role, and Best Actress in a Supporting Role.

The Death of Big Ideas

Monday, August 15th, 2011

Neal Gabler, a guest at last year’s Forum Film Festival, recently wrote an interesting essay for The New York Times chronicling the death of big ideas. Give it a look and tell us what you think in our “comments” section.

A Prosecutor And A Journalist

Monday, August 15th, 2011

By Ben Falk

Both Preet Bhara and Samuel G. Freedman are looking for something. Mr. Bhara wants justice and Mr. Freedman wants the truth. Both have a professional duty to find what they’re looking for. And both, if they fail to conduct their search ethically, can hurt people.

Bhara is the U.S. Attorney for the Southern District of New York and Samuel Freedman is a journalist. Each has earned a reputation for doing their jobs very well. Bhara has earned plaudits (and more than a few critics) for his crackdown on insider trading and financial crimes. Freedman is an author, columnist and professor. Currently, he writes the “On Religion” column for The New York Times and is a professor at the Columbia University School of Journalism. His work, Small Victories, was a finalist for the National Book Award in 1990; in 1991 his Jew vs. Jew won the National Jewish Book Award for Non-Fiction; and Freedman’s book The Inheritance was a finalist for the 1997 Pulitzer Prize.

Because of this experience, both men understand the power they hold. They also know what can happen if they abuse it.  As seen in Sydney Pollack’s Absence of Malice, when prosecutor Eliot Rosen (Bob Balaban) unnecessarily investigated an innocent person, and then leaked that information to Megan Carter (Sally Field), a journalist, who ran the unconfirmed story. In the film’s case, this lack of scruples had devastating consequences for all involved. Fortunately, in Mr. Bhara and Mr. Freedman, we have two people who understand their role in society and the need to carry it out ethically.

Andrew Ross Sorkin and Too Big To Fail

Monday, August 8th, 2011

By Erica Zaragoza

The financial crisis created a special need for those who understand the intricacies of the market and basis for the collapse. New York Times Bestselling author Andrew Ross Sorkin is one of those people.  As an acclaimed financial reporter, Sorkin was at the forefront of exposing corruption in the financial system. Sorkin, an American author and journalist, is best known for his reporting on the financial sector. Well-versed in the dealings of Wall Street, Sorkin is co-host of CNBC’s Squawk Box, editor and founder of DealBook, a New York Times columnist, and author.

Sorkin’s coverage of the controversial Wall Street bail out culminated in his first book: Too Big to Fail: How Wall Street and Washington Fought to Save the Financial System – and Themselves. Too Big to Fail is an in-depth account of the events that precipitated the stock market crash and the reactions that immediately followed. This play-by-play narrative, from the eyes of Wall Street CEOs, documents the moments leading up to the announcement of the collapse, the bankruptcy filings and proceedings, the governmental intervention, and the aftermath of the collapse. The book became such a sensation that it was made into a hit HBO movie, “Too Big To Fail,” directed by Curtis Hanson.

With an all-star cast, the HBO movie was an accurate and successful depiction of Sorkin’s work. The book and movie alike illustrate the U.S. government’s decision to bail out the large investment banks and save the world’s financial system.

Clyde Haberman, “Daniel,” and the Rosenbergs

Monday, August 8th, 2011

By Ben Falk

Clyde Haberman is a journalist. He seeks the truth. As a longtime reporter for The New York Post and The New York Times he has covered the Attica prison riots, served as a foreign correspondent in Tokyo, Jerusalem, and Rome, reported on the fall of communism in Eastern Europe, and the first Gulf War. This experience seeking and then explaining events cloaked in mystery, intrigue, and possibly, deception, makes him an ideal person to answer the question: did the Rosenbergs really do it? Did they spy for the Soviets? Does the movie “Daniel” accurately capture the sentiments of the time and the evidence for or against Julius and Ethel Rosenberg’s innocence or guilt?

Now, it is unlikely he has a definitive answer, as the only people that do are either dead or forced to remain silent due to any number of confidentiality laws. However, he can explain the atmosphere at the time and help make sense of the information publicly known to date. He can synthesize the information to explain what is missing, what the government had, and what the Rosenbergs knew. It will not be complete, but it can give us an idea of the controversy surrounding this case and family.

Casey Anthony vs. Society

Wednesday, August 3rd, 2011

By Chloe Sarnoff

Homespun homilies such as “whatever comes around goes around,” or “don’t worry, things have a way of working themselves out,” often come across as meaningless or trite. Sometime, however, what sounded like a banality can end up ringing very true.

Several weeks ago, Casey Anthony was acquitted of murdering her 2-year-old daughter, Caylee.  Most people believed that she was guilty and were surprised by the verdict.  Very likely Ms. Anthony was surprised, too. But to those furious members of the public who watched as a dangerous and negligent mother got away with murder (or at the very least manslaughter), we can all take at least small comfort in saying, “don’t worry, things will work themselves out.”

The justice system may have found Casey Anthony not guilty of pre-meditated murder, but Ms. Anthony has yet to receive the full force and effect of society’s verdict.  She is now left with the terrifying and difficult question of “what now?” What does a woman, whose face was plastered on the cover of every tabloid magazine, newspaper and TV show for murdering her innocent 2 year-old toddler, do with the rest of her life? How does she ever find her way back into mainstream society? In fact, if Ms. Anthony did a little research into what frequently happens to defendants in highly publicized and infamous trials when they are found acquitted, she might be even more nervous than she presumably already is.  She might even asked to be locked up.

Casey Anthony is not the only person to have successfully escaped punishment from the law, but she now finds herself in good company among other celebrity fugitives, acquitted of their crimes by the law but found irredeemably guilty by the moral outrage of society. For example, when O.J. Simpson entered a Kentucky steakhouse, owned by Jeff Ruby, Mr. Ruby refused to serve him.  After being publicly humiliated in the crowded restaurant, O.J. was given little choice but to leave and eat elsewhere.  This one instance pales in comparison to the life of ridicule that O.J. has led since he was acquitted. From the moment the jury reached its verdict, O.J. Simpson has been an outcast from society.  This alienation and scrutiny was made even worse when he found himself in a civil lawsuit brought in 1997 by one of his victims’ families.

Sometimes it’s not even necessary for the law to acquit before the punishing glare from society’s judgment intercedes, sending its own message of revulsion and disgust. When Ruth Madoff went off to get her hair done at Pierre Michel, the tony Upper East Side salon where she had been a client for roughly ten years, she was told : “you’re no longer welcome here. Even though Mrs. Madoff was not charged with a crime, and was left with $2.5 million after $80 million of her assets were linked to fraud, society still thought she had a price to pay.  Mrs. Madoff’s embarrassing exit from her hair salon is undoubtedly only one of the many punishments society has in store for her and the rest of her family (sadly already felt by the suicide of her eldest son), including those not behind bars.

Even if the seemingly impossible happens, and someone steps forward to confess to having murdered Ms. Anthony’s baby, her outlook is still grim.  When your name has been dragged through the dirt of a scandalous trial, innocent or guilty, there is no escaping what society has in store for you. Steven J. Hatfill learned this the hard way when then Attorney General John Ashcroft declared Hatfill a person of interest in the 2001 anthrax attacks. Mr. Hatfill worked for the United States Army Medical Research Institute of Infectious Diseases when FBI agents searched his home and interviewed his co-workers and neighbors.  Countless articles were written in major publications discussing the possible reasons why Mr. Hatfill was considered a suspect. Even when the actual anthrax killer, scientist Bruce Ivins, was convicted and Mr. Hatfill sued the government for damages and was awarded $5.8 million, he still was not assured that he would be accepted by society. “For Hatfill, rebuilding remains painful and slow,” according to David Freed at The Atlantic, “He enters post offices only if he absolutely must, careful to show his face to surveillance cameras so that he can’t be accused of mailing letters surreptitiously.”

Although O.J., Madoff and the anthrax suspect may have little in common with Casey Anthony’s alleged crime, the thread that holds them together is that they have had to, and will continue to, deal with society’s judgment and punishment long after the juries’ verdicts are delivered. This comes in the form of shame, embarrassment and disgust.  Members of Ms. Anthony’s community may never accept her back again; they may ask her to leave their establishments, not wanting their other customers to be subjected to her presence.  She likely has already lost the support and comfort of friends and family who are too ashamed to be seen with her in public.  She may be too humiliated to walk to the end of her driveway to pick up her newspaper, afraid of the horrible things her neighbors might say to her.

In the extremes, shame, guilt and humiliation can make people do terrible and drastic things. When a person is pushed to the outskirts of society, and there seems little chance of ever being accepted again, a person could think their life is no longer worth living.  This is certainly what happened to Bernard Madoff’s son, Mark. In December 2010, Mark Madoff was found dead in his apartment from a suicide, having hung himself while his wife was out of town and his young son was asleep in a nearby bedroom.  Although no suicide note was found, the public can assume that Mark’s desperate and deadly decision was connected to the two-year anniversary of his father’s arrest and his family’s public humiliation.

There is no way to fully predict what ultimately will happen to Ms. Anthony.  We do not know how long she will live, how she will support herself or how she will spend the rest of her days. We may not understand how our justice system could have failed to punish such a dangerous, callous woman, but one thing is for sure: Casey Anthony will never be innocent in our eyes.  The general public may not have the power to put her behind bars, as that decision was left to the jury. And it may not ultimately be as satisfying as a true legal punishment.  But society does possess incredibly powerful tools to cast its own judgment of moral guilt: the ability to shame, alienate, and outcast.  As Ms. Anthony will come to learn, these social afflictions can feel just as debilitating as prison bars.