Law students Costa, Osuagwu talk first 100 days

Costa & Osuagwu (WGBH)

Thrilled to see two of my star 1Ls/rising 2Ls, Cameron Costa and BJ Osuagwu, just finishing Torts II, representing and holding their own in this political dialog on WGBH (below from YouTube).

From GBH News: "The Trump administration hit 100 days of its second term marked by economic volatility, aggressive immigration enforcement and tariff talk.  Is the country headed in the right direction? We asked two people who support Trump and two people who don't on Politics IRL."

Costa is an educator and a student of legislative advocacy. Osuagwu is executive director of Healthy Waltham.

Kuwait ponders a future after fossil fuels

Kuwait City skyline

Kuwait is an oil country, and Kuwait City glows with prosperity. Kuwaitis know, though, that they can't ride the oil train forever.

Earlier this month, I took part in a program of the Kuwait Bar Association (KBA) and International Association of Lawyers (UIA) in Kuwait on the mediation of energy disputes. (All photos RJ Peltz-Steele CC BY-NC-SA 4.0.)

Kuwait Bar Association (Society of Lawyers)

The program addressed both state and corporate actors, which often in the Middle East are functionally the same, as political royals are only formally differentiated from their investments. Iraq invaded Kuwait in 1990 largely in response to long-running disputes over access to oil reserves under the countries' desert border. So it's understandable that Kuwait, powered by a 70-year-old, $1tn sovereign wealth fund born almost entirely of oil revenue, is an eager evangelist for non-violent dispute resolution in extractive industries.

Kuwait Towers

I spent some additional time in Kuwait, besides the KBA-UIA program, to see the sights of Kuwait City. The first place I went was the iconic Kuwait Towers. Dating to 1979, the towers were designed to be monumental more than functional, architecturally distinct among Kuwait's historical water towers, a remaining few clusters of which dot the urban landscape. Repaired since they were trashed in the Iraq invasion, and refurbished in the 2010s, the Kuwait Towers are a patriotic reminder of a Kuwait that long imported fresh water for its survival, before oil wealth paid for expensive but effective desalinization. 

Dhow model at Marine Museum

On display at the Al Hashemi Marine Museum and the Maritime Museum are Kuwaiti dhows dating to the 19th century. Some were used for pearling, the dangerous prospect but potential big score of a once seafaring economy. Many of the dhows are specially fitted with large water tanks running along the keel.

Thus imported, water historically was famously expensive in Kuwait. There's still a popular maxim that water, the truly scarce resource of the desert, is more expensive than oil. Water still is expensive, or should be, because desalinization is expensive and largely fossil fueled. 

Other legacy water towers

Government subsidies, however, obscure the cost of water. A combined utility bill in Kuwait, including water, electricity, sewer, garbage, etc., might run US$40 or $50 a month, single family—a lot for some locals, especially ex-pat laborers. But even correcting to U.S. cost of living with a 250% multiplier, utilities including water are far cheaper than in the States. Environmentalists fret over the conceit that water is inexpensive. I thought that my hotels would caution about water consumption, as is common in desert countries, not to mention American desert states, but they did not.

In keeping with the maxim, petrol is cheap. I was worried when Europcar warned me that gas stations accept only cash—until I worked out the prices. I filled up my SUV rental's 13-gallon (about 50L) tank for less than US$10.

Evening recreation at Dasman Beach

There's much to see in Kuwait City, in terms of museums and historical sites. What struck me, though, is the prevalence of western influence and a near indifference to foreign tourism. Attractions are aimed at locals. Kuwait excels at affording its people diversions of all kinds, including the educational and recreational: museums, beaches, playing fields. But the focus is decidedly domestic, bringing the world to Kuwaitis, not the other way around.

Texas Roadhouse Beneid Al Gar, one of three Kuwait City locations

Limited opening hours and a ramshackle bus system make many attractions difficult to access for visitors. Ride-share app Careem works well, though drivers speak little English. Some places' websites are in Arabic only. Besides foods, souvenirs are sorely limited: the norm is an assortment of refrigerator magnets and ball caps with cheap, afterthought patches. Walking south from Kuwait Towers on the city's corniche, the extent of Kuwait's Americanization in particular is on full display. Behind the beaches, the chain restaurants line up: TGI Friday's, the Cheesecake Factory, Texas Roadhouse.

One arm of Souq Al-Mubarakiya

Besides the beach, a favorite evening destination for locals is one of the city's many shopping malls, from the central 1,250-square-foot Assima Mall, with its gourmet Monoprix grocery, to the sprawling 334-acre (1.35m-square-meter) Avenues, with more than 1,100 retailers. Notwithstanding the scale and upscale nature of these operations, they are loaded with the sort of western retailers found on main street anywhere. There's plenty to buy, eat, and drink—besides alcohol; Kuwait is a dry country—but very little that is specially Arabian. A more touristically gratifying destination is the city's Mubarakiya Souq, though its modernized storefronts also cater mostly to local needs. The people-watching is better than the shopping.

Camels, highwayside

To see more than just the city, and also to get a closer look at both rural life and Kuwaiti infrastructure, I drove out both to the Iraq border in the north and to the Saudi border in the south. The highway network is impressive, if a work in progress, strong on asphalt, weak on road marking. Polished bridges here and there are designed for the exclusive use of crossing camels.

In both the north and the south, the desert is dotted with green patches of farms, fed, remarkably, by well water. Visiting these farms for markets of fresh produce, petting zoos, and other children's amusements is a seasonal family pastime.

Starbucks Wafra

Near the Saudi border, the town of Wafra is the center of an equine economy. Riding centers, breeding operations, and a market for export speak to the enduring importance of horses in Arabia. On Wafra's dusty outskirts, I was surprised to find a cluster of modern buildings, including a multistory veterinary center and, no kidding, the farthest flung Starbucks I've ever seen. A sign at Starbucks cautioned that horses are not permitted in the drive-thru.

Electric towers in the desert

Strung across the desert landscape is a mind-boggling network of electric towers, stretching lines into the distance from any vantage point. Kuwait imports electricity from Gulf partners such as Qatar and Oman, and even then struggles to meet demand in sweltering summers (e.g., N.Y. Times). Meeting electrical needs is simultaneously an incentive and an obstacle to Kuwait energy transition away from fossil-fuel dependence.

Change through energy transition and emission reduction was a recurring theme at the mediation program, besides the benefits and skills of mediation itself. I did not expect to hear, and am not accustomed to hearing, harsh criticism of fossil-fuel dependence in the Middle East. Yet in a session titled "The Climate Crisis and the Transition Imperative," speakers were adamant opponents of the status quo.

Panelists: Yousef Al-Abdullah; Elena Athwal, Qatar,
founder and CEO of consulting firm Icelis Global; and Sara Akbar

Moderator Sara Akbar, a chemical petroleum engineer, current CEO of Oilserv Kuwait, and a renowned figure in the modern history of Kuwaiti oil development, condemned the "New World Disorder" of Trumpian climate-change denial and on-again-off-again Paris participation. She argued passionately that the global costs of unchecked climate change, including devastated coastal cities and lost lives, will vastly outpace the costs of energy transition to renewables. According to Akbar, even the Kuwait oil industry understands that the era of fossil-fuel dominance in the Kuwait economy must end.

Akbar cited an interesting and alarming local statistic: Kuwait has long monitored the maximum temperature of the Persian Gulf at the sea floor, which reliably marked 95 or 96 degrees Fahrenheit. Now, she said, it routinely exceeds 100 degrees, evidencing the evaporation that is fueling catastrophic rainstorms from Dubai to Bangladesh.

Yousef Al-Abdullah, research scientist at the Kuwait Institute for Scientific Research, discussed the energy transition and emission reduction commitments of Gulf states. In contrast with the U.S. re-withdrawal from the Paris Agreement and Trump Administration promise to double-down on drilling, Gulf states have articulated ambitious aims.

A leader in goal-setting is the United Arab Emirates (UAE). The UAE aims for 47% reduction in greenhouse gas (GHG) emissions by 2030. In energy transition, the UAE aims for 15% renewables in its energy mix; has adopted a net-zero target, green hydrogen strategy, independent energy regulator, and national climate law; plans a massive expansion of solar capacity; and is investing more than $14 billion in transition this fiscal year.

Persian Gulf coastline from Kuwait Towers

Kuwait looks weak on the same benchmarks. But that's not the whole story, Al-Abdullah said. Kuwait believes that some neighbors have announced goals they can't realistically meet, such as the Saudi aim to cut 278m tons of annual GHG emissions by 2030, and Kuwait wants to be realistic. Notwithstanding articulated commitments on the international stage, Kuwait has announced targets domestically, Al-Abdullah said, such as net-zero in the oil sector by 2050, and in other sectors by 2060.

Oil production is down over 10 years, Al-Abdullah said, and that's problematic for environmental strategy. The economy remains dependent on fossil fuels, to the tune of 90% of revenues, and a strong economy is needed to transition away from fossil fuels. Production is down for many reasons, including OPEC restrictions; increased competition from other sources, such as Uruguay, Paraguay, Guyana, Mauritania, and Uganda; and rising production costs.

Here my observation on Kuwait's underdeveloped tourism economy is salient, at least in small part. Because Al-Abdullah said that key to Kuwait's future is diversification of the economy, reducing the dominant position of fossil fuels, especially relative to a newly developed service sector. 

In domestic policy, a national plan called "Kuwait Vision 2035" contemplates an economy centered on logistics, leveraging Kuwait's world-crossroads location by, for example, expanding airport and seaport capacity. Vision 2035 imagines a Kuwait that is more livable for residents and hospitable to visitors, expanding highways and building a rail and metro system.

Besides infrastructure, transformation of Kuwait's workforce is required, too. Kuwait suffers an affliction known to other oil-rich states, which is a comfortable, but under-skilled national workforce. Kuwait's education system must rise to meet the challenge of preparing Kuwaitis to participate in the new economy, while the social and economic fabric must expand the job market and incentivize people to enter it.

Like other Middle Eastern states, Kuwait has a worrisome dependence on foreign workers. Ex-pats, whom I mentioned above, constitute some 70% of the resident population and have no pathway to citizenship. Blue-collar workers hale especially from the Asian subcontinent and Pacific rim. Qatar's plight in this regard was highlighted and made controversial by the location of the 2022 FIFA World Cup there; whether reforms were meaningful or sufficient is debatable.

The existing service economy, including legal, financial, and engineering services, depends heavily on ex-pat white-collar workers, too, who make up a fair chunk of that 70%. At the KBA-UIA program, I met lawyers from other Arabic-speaking countries who have worked for years, even decades, in Kuwait. They are generously permitted to practice, more than an out-of-jurisdiction lawyer may in the States, on matters related to their home jurisdictions. But there's no pathway to bar admission, such as might expose the domestic market to competition.

Legal and regulatory reforms will have to complement the development of a service sector and trade center, Al-Abdullah said. I don't think Kuwaitis alone will be able to make that change. Rather, Kuwait will have to open itself up with a more robust immigration framework, affording ex-pats the likes of property and other rights, if not naturalization, to foster a justified sense of ownership in the new economy.

KOC Oil and Gas Exhibition Hall

Apropos of energy transition, one of the most interesting tourist attractions in Kuwait is the Kuwait Oil Company (KOC) Oil and Gas Exhibition. The exhibition—reservations required for guided tours only—offers an artfully constructed tour of the history of Kuwait, from its desert and seafaring cultural history, to British protectorate and the discovery of oil, rise to global energy power, and Iraq invasion, destruction, and recovery.

Exhibit dramatizing Kuwait oil extraction: every second, every day

The exhibition is decidedly a paean to oil. But it is not wholly environmentally tone-deaf. One dramatic exhibit shows, with a massive gush of black liquid, the astonishing amount of oil that Kuwait pumps from the earth every second of every day, averaged out. The exhibits don't say it plainly, but there is an undeniable implication that this business model is not indefinitely sustainable.

The next chapter of Kuwait energy policy is ready to be written.

Tchotchkes for sale at the KOC Oil and Gas Exhibition gift shop

Kuwait sign on the corniche

Anti-mobbing scholars prepare for 2nd N.Y. conference; proposals due May 1; register for in-person by June 1

Colleagues, higher ed students, researchers, and practitioners across disciplines: The 2025 Niagara Conference on Workplace Mobbing, July 21-23, 2025, is open for proposals, due May 1, and registration, due June 1 for in person, or later for virtual.

Here is an invitation letter, circulated since March, by my dear friend and colleague, Dr. Qingli Meng, who superintends the conference on the ground at Niagara Falls.

Read more about mobbing at The Savory Tort.

---

Dear Colleague,

We warmly invite you to join us, either in person or virtually, for the hybrid 2025 Niagara Conference on Workplace Mobbing (NCWM), taking place Monday to Wednesday, July 21–23, 2025, at Niagara University, Niagara Falls, New York, USA.

Workplace mobbing is a serious issue in the work environment that was first identified in the 1980s. However, its existence and impact were not widely acknowledged by the public. Instead, it is often referred to as workplace bullying, leading to semantic confusion.

Mobbing is a form of psychological terror in which individuals gang up on a target. As Leymann (1990) described, "It occurs as schisms, where the victim is systematically stigmatized through various injustices, including violations of their rights. Over time, this can result in the individual being unable to secure employment in their field. Those responsible for this tragic outcome can be either colleagues or management."

The 2024 NCWM marked a significant milestone in establishing workplace mobbing as a comprehensive scholarly discipline. See the following YouTube link for the 2024 NCWM presentation videos: https://www.youtube.com/watch?v=vQ7OwOYUlXM&list=PLZGaVSbKSiyNcB5AwAA8Xhp9srGIrKGAe 

We are thrilled to announce that Niagara University has received generous gift donations to support workplace mobbing initiatives. This funding has made it possible to:

• Make the Niagara Conference on Workplace Mobbing (NCWM) an annual event
• Launch a workplace mobbing journal 
• Establish the World Association for Research on Workplace Mobbing (WARWM)
• Deliberate on creating the Niagara Institute for Research on Workplace Mobbing (NIRWM)

While we encourage in-person attendance to facilitate networking and knowledge exchange amidst the scenic beauty of Niagara Falls, we understand that time and financial constraints may prevent some from traveling. Therefore, we are continuing with a hybrid format, offering both in-person and virtual participation.

Registration Information

• In-person participants: $150
• Includes lunches, coffee, fruit, and snacks on July 21–22, 2025
• Sit-down dinner at the DoubleTree Hotel ballroom on Tuesday, July 22, 2025
• Complimentary tour of Niagara Falls attractions on Wednesday, July 23, 2025

• Virtual participants: $75
• Access to all presentations, including opportunities to ask questions, provide feedback, and join discussions
• Receive a 2025 NCWM Attendance Certificate.

Important Deadlines

• May 1, 2025 – Deadline for abstract submissions (for those wishing to present)
• July 1, 2025 – Deadline for in-person conference registration ($150)
• No deadline for virtual conference registration ($75)

Conference presenters are invited to submit their papers for publication in the Journal of Workplace Mobbing (currently in development).

For more details and registration, please visit the conference website: https://www.niagara.edu/workplace-mobbing-conference/.
 

Accommodation: Niagara Falls offers a variety of hotels, motels, and inns. As July is peak tourist season, we strongly encourage in-person participants to book accommodations early. For the conference hotel (DoubleTree), please use the following link for reservations ($152 per night plus tax): https://group.doubletree.com/igabhd.

For questions and inquiries, please contact the conference Registrar, Dr. Qingli Meng, at qmeng@niagara.edu.

With collegial regards,
Qingli Meng

Qingli Meng, Ph.D.
Niagara University
Registrar, Niagara Conference on Workplace Mobbing (NCWM)

Tree falling on house invites court to parse 'discretion' in ruling city vulnerable to tort liability

Google Gemini CC0

A straightforward case in the Massachusetts Appeals Court last week helps to clarify the meaning and purpose of discretionary function immunity from tort liability for both state and federal governments.

A tree fell on the plaintiff's house. The tree was on city property and under the care of the tree warden, yes that's a thing, of the city of Chicopee, Massachusetts. The plaintiff alleged that the warden, and thereby the city, was negligent for failing to remove the tree or otherwise abate the threat to property. The plaintiff proffered evidence to show that the city had reason to know the tree was not healthy.

Discretionary function immunity, provided for by both the Federal Tort Claims Act (FTCA) and the Massachusetts Tort Claims Act (MTCA), draws a fine line between ordinary accidents which the legislatures sought to compel the governments to answer for in the courts, and matters of policy. 

The plaintiff-pedestrian struck by a car driven by a government worker may sue. But the voter disgruntled over climate policy should seek a remedy at the ballot box, not in the courts. In this way, discretionary function immunity polices the very boundary between distributive justice and corrective justice, that is, the provinces of the political branches and of the judiciary, respectively.

The courts under both statutes have developed similar two-part tests. A federal court must ask, first, whether the government action involved an element of choice, or judgment, and second, critically, whether that judgment implicates public policy, that is, social, economic, or political considerations. The Massachusetts courts, under MTCA section 10(b), make the same inquiry with slightly different language, asking whether the government action involved "policy making or planning."

A perennial problem with discretionary function immunity is the name of the thing. It sounds like the exercise of discretion should trigger the immunity. But that's an oversimplification. It's really about the exercise of policy discretion. The government driver who runs a red light might be said to have exercised discretion when she put her foot on the gas. But it's unlikely that that exercise implicated public policy. Now had government officials decided not to install a traffic light at that intersection at all, having weighed the costs and benefits of injury and infrastructure, that would be a policy choice, immune from challenge in tort law.

The meaning of "discretionary" was precisely the hang up in the present case. Complicating matters, a Chicopee city ordinance expressly dedicated tree removal to "[t]he discretion and sound judgment of the Tree Warden alone" (my emphasis). The Appeals Court correctly reasoned that the discretion of the ordinance was the broader sort; the MTCA refers specifically to a "subset" of discretion involving "policy making or planning." In other words, the tree warden was driving the car, not planning the traffic lights.

The case is Citation Insurance Co. v. Chicopee, No. 24-P-309 (Apr. 9, 2025) (Justia). Justice John C. Englander wrote the unanimous opinion of the panel, which also comprised Justices Henry and Desmond.

Buzz surrounds Bobi Wine: docko, presidential rerun

Bobi Wine: Presidential material?
VOA public domain photo via Wikimedia Commons

Podcast Snap Judgment talked to director Moses Bwayo in March about his Bobi Wine documentary, the first ever Oscar nominated film from Uganda, and Bobi Wine will run again for president of the East African nation.

I wrote in February 2024 about Bobi Wine: The People's President (2022) (IMDb) and Brooke Gladstone's interview with Wine and Bwayo for WNYC's On the Media. According to Snap Judgment, the documentary "received a ten minute standing ovation at its premier[e] at the Venice film festival." The film is being distributed by National Geographic and is streaming on platforms including Disney+.

Last week, Wine said he will run again for the presidency in Uganda in the quinquennial election in January 2026, and he believes that the Ugandan youth vote can push him to victory. "We cannot just give the election to General Museveni," Wine told The Guardian.

For a time it was thought that the six-term hegemony of President Yoweri Museveni would transfer to his son, General Muhoozi Kainerugaba. But Kainerugaba dropped out of the race late last year and endorsed his father—not a given (VOA). Museveni will turn 81 in September.

USAID cuts meanwhile have hit the Ugandan LGBTQ community hard. Museveni has been "intensifying [a] crackdown," The New York Times reported, since 2023 passage of laws threatening life imprisonment for same-sex relations; up to 10 years for attempt; and the death penalty for same-sex relations with minors or disabled persons. The Times explained:

The United States provides more than $970 million annually in development as well as humanitarian and security assistance to Uganda. In 2023, about $440 million was spent on health programs, followed by emergency relief, agriculture and education services, according to U.S. government data.

For years, the United States supported L.G.B.T.Q. groups in Uganda through U.S.A.I.D.-funded initiatives, offering H.I.V. treatment, legal training and resources for activism. Previous U.S. governments also condemned human rights violations against gay Ugandans, imposing trade and travel restrictions in response.

Oddly enough, Kainerugaba urged the Trump administration to restore aid for HIV treatment, according to the Times. Kainerugaba, who commands the military, had threatened Wine on social media. Wine himself has had a controverted record on LGBTQ rights.

Bar comprises haves, have nots; ABA chooses haves

Yesterday I submitted the following open letter to the leadership of the International Law Section (ILS) of the American Bar Association (ABA). I note that it is not possible for law professors at ABA-accredited schools not to be members of the ABA; the schools pay for group memberships, on top of hefty accreditation fees. At present, the ABA is empowered with government-sanctioned accreditation authority over legal education in the United States.

---

To the leadership of the International Law Section of the American Bar Association.

$895, the registration fee for academics for the ILS annual, is beyond the pale. I note that I might not have been able to go this year anyway, because of a conflict. But I write because this is a persistent problem. Last year I complained about the fee, which I think was $795. I was told I was heard. Apparently heard and dismissed.

Ten years ago, I registered for the ABA ILS for $295. That's a cumulative inflation rate of 203%. The U.S. 10-year inflation rate generally is about 25%.

The ABA must think that all academics are the same. So let me be plain. My annual salary, after about 30 years in academics and holding the highest academic rank on my public-sector faculty is about $193,000. My budget for professional development is $5,000 this year. It was $5,000 10 years ago. It was $5,000 15 years ago. Every year, working in public service, I must do more with less. As that's impossible, that means dipping deeper into my own pockets, which are not getting deeper fast enough to keep up with the ABA.

The starting salary, with no experience, for a law professor in the Boston market ranges from $185,000 to $213,000. The high end of the law-school teaching scale in the market comes in at about double what I make. (Salary.com.) I don't know what the benefits are, but I bet they've grown faster than mine.

I speak of my own experience here, because that is what I know. But to be fair, I make decent money, relative to the American labor market. I know that and try not to take it for granted. What is more worrisome about ABA's economic exclusion is its impact on both new and practicing lawyers who have committed their labors to public service.

The ABA sends the unequivocal message that persons in public service are not welcome in ILS--that internationalism in law is only for the well off, or worse, that professional association per se, beyond compulsory licensing, is only for the well off. My students graduating in public service careers--NGO registration fees are the same as academic--will be lucky to start out at a third of my pay and might not reach my pay in the course of a career.

Accordingly, I have, for some time, stopped advising students to join ABA. Now I will advise them affirmatively not to waste their time and money. I steadfastly sang the praises of ABA membership for more than 25 years, including 10 years on the TIPS Task Force on Outreach to Law Students. The most important advantage of ABA for me and for new lawyers, I long asserted, was conference programming and networking. I see that the ABA now intends those benefits to be exclusive to big money makers in the private sector.

Yesterday I participated in an ILS committee meeting. You will hear soon from that committee that no one volunteered to move into any leadership role beginning next year. No one includes me.

Sincere farewell,
Rick Peltz-Steele

Peltz markets music, med tech

Back in 2023, my brother Spencer Peltz was first assistant director on Hannah Ellis's "Wine Country" video, while he was working in marketing out of Texas. I'm belatedly enjoying his work and congratulating the marketing genius on a new job he started in 2024 with Arthrex medical device manufacturing. More on Ellis, wine, and country at Food and Wine. More on hip arthroscopy to come.... 🍷

Big Law cowardice calls legal licensure into question

The WAMU podcast 1A put on an excellent show Monday on the White House threats against law firms.

The show featured Princeton University Professor Deborah Pearlstein, Politico reporter Josh Gerstein, and Elias Law Group Chair Marc Elias.

Highlights for me:

• Pearlstein questioned the ethics of the firms that have caved to Administration pressure. How can a client trust Paul Weiss to provide zealous representation, she asked, when the firm so readily caves to political pressure?
• Elias called the deals struck by Paul Weiss and Skadden, inter alia and respectively $40 million and $100 million payoffs in legal services, "cowardly" and "obscene" and questioned whether the practice of law should continue to be protected by the exclusivity of licensing.

Agreed and agreed. I suggest moreover that the weakness of the legal profession and its willingness to sell out for the bottom line has been the American way already for decades. That Big Law has locked down the profession and lobbies anti-competitively to keep it that way—thereby denying access to legal services, legal education, and legal careers to ordinary Americans, while building and bolstering an anti-democratic corporatocracy—is nothing new to those of us who toil away on the hamster wheels beneath the status ceiling.

It's simply Trump's shameless gambit that has exposed the rot.

In the less cowardly vein, Perkins Coie, WilmerHale (Court Listener), and Jenner & Block (Court Listener) are litigating against the executive orders targeting law firms. I anticipate signing on to an amicus brief of law professors in support of the plaintiff motion for summary judgment in the Perkins Coie matter in the U.S. District Court for the District of Columbia.

Update, Apr. 3: Law Professors' Amicus Brief in Perkins Coie v. DOJ (D.D.C. filed Apr. 3, 2025).

'No Other Land' scores with human story, mesmerizing cinematography, surprising cameos of law

A Palestinian-Israeli collaboration yielded the Academy Award-winning documentary No Other Land, which is well worth the price of admission.

No Other Land plays the Avon in Providence, R.I.
RJ Peltz-Steele CC BY-NC-SA 4.0

I disclaim: it was neither paroxysm of wokeism nor Oscar allure that drew me and my wife to an actual theater last weekend for No Other Land (2024) (IMDb). Rather, I was enticed by news that the film failed to secure mainstream distribution in the United States, for fear of protests, and, accordingly, that its debut at the independent O Cinema South Beach drew threats of retaliation.

I'm a sucker for a free speech story. That, and our favorite Indian restaurant is across the street from the independent Avon Cinema in Providence, Rhode Island. I did not expect No Other Land to live up to its Rotten Tomatoes perfect score. It did, and then some.

No Other Land is the product of four co-directors, Basel Adra, Hamdan Ballal, Yuval Abraham, and Rachel Szor. A Palestinian activist and Israeli journalist respectively, Adra and Abraham are featured in the film, which intimately depicts the slow battle between residents and the Israeli army over the villages of Masafer Yatta in the southern West Bank. The film covers 2019 to 2023, when Adra lived in Masafer Yatta and Abraham visited there to write about the army's destruction of homes in an effort to evict Palestinians from the land.

No Other Land does not try to relate other than the Palestinian side of the story. But it also doesn't try to hit you over the head as a polemic; I had been worried about investing 90 minutes in that vein. The beauty of the film—and it is beautiful, worth time in front of the big screen, despite the tragic subject matter—is in the depiction of human relationships in the face of profound adversity: within and between the families of Masafer Yatta, in how the Palestinians relate to Abraham as an outsider, and, at the heart of it, in the sometimes awkward but deepening friendship of Adra and Abraham.

Law figured in No Other Land in some surprising ways. On the face of it, the tragedy of Masafer Yatta was precipitated by Abu ‘Aram v. The Minister of Defense, a 2022 ruling of the Israeli Supreme Court, sitting as the High Court of Justice, green-lighting the eviction of Palestinian residents for the purported purpose of creating an Israeli military training zone. 

Notwithstanding realist accusations of naked partisanship, the court rested its ruling on the classification of the land, by prior agreement, as under Israeli security control. Civil society the world over decried the ruling as inconsistent with human rights law concerning occupied territories. For more, here's an informative commentary by Yaël Ronen, a law professor in Jerusalem, writing at the time for the West Point Lieber Institute's Articles of War.

Basel Adra and Yuval Abraham receive film award in Berlin.
Martin Kraft (photo.martinkraft.com) via Wikimedia Commons CC BY-SA 4.0

The law figured also into the story at the more intimate level. The film surfaced the fact, which I had not learned from any of the hype, that Adra trained as a lawyer, not as a filmmaker or journalist. Here is an exchange in the film between Adra and Abraham.

ABRAHAM: Nothing on mainstream news about the demolitions. As if it happened, but also, it never happened.

ADRA: We'll keep filming everything. And we have to think how to reach more people in different ways. That would be excellent I think.

ABRAHAM: Why are you on your phone all day?

ADRA: It's from stress. Stress, stress, stress.

ABRAHAM: You're afraid something will happen?

ADRA: Yes, but also I'm stressed because I have nothing to do.

ABRAHAM: What do you mean?

ADRA: I don't know.

ABRAHAM: What?

ADRA: What can I do besides being on my phone? Huh? I have nothing else, only my phone.

ABRAHAM: What would you like to do?

ADRA: Anything else.

ABRAHAM: But you studied law, can't you practice it?

ADRA: That's something I lost hope in. Students like me studied so hard for a law degree. But our economy is ruined. You can find work only in Israel.

ABRAHAM: What work?

ADRA: Construction. No other option. Like you never went to university. What do you think? If you were in my place, what would you think?

The scene captures the utter despair of Palestinians in Masafer Yatta. And at the same time, Adra smiles intermittently. His indomitable spirit is irresistibly charming.

The conversation is revealing, too, of a mesmerizing cinematographic device at work in No Other Land. Adra is on his phone a lot; the phone, in fact, or smartphone videography, almost becomes a character itself in the narrative.

There are two kinds of video in the film. First, there is smartphone video, often the very same clips that Adra and others upload to social media in the online battle of public relations playing out for the world. Second, there is the high-quality video of the movie camera.

Adra and other Palestinians, as well as Israeli soldiers and civilian authorities, are seen constantly wielding smartphone cameras. The film in fact is bookended with older personal video from Adra's childhood. In the conflict, Palestinians use their smartphones as witnesses, for example, announcing to a soldier, "I am filming," in an effort to deter violence. These videos bring raw and jarring urgency to the big screen.

At the same time, movie cameras never stop rolling, and for them, the fourth wall never breaks. When the smartphones are turned off, the movie cameras continue to capture the mundane but moving interludes that constitute life between exigencies: Adra left alone at night when Abraham drives off to the security of his home; the tears of a mother left to care for a dying son.

No Other Land is art and reality at once. It deserves its accolades, and it should be seen. If it tells only part of a story, so be it. It bears truths that must be reckoned with nonetheless if ever there can be a way forward in the Israeli-Palestinian conflict.

---

Kadai chicken, Rupee Basmati Rice Lager, and chicken madras at Kabob and Curry, Providence, R.I.
RJ Peltz-Steele CC BY-NC-SA 4.0 with no claim to underlying mouthwatering presentation

---

Government used soccer tattoo, 'rock'n'roll salute' as evidence against Venezuelan deportee, lawyer asserts

According to his lawyer, a tattoo and a hand gesture are the sum of evidence against at least one Venezuelan man who was deported to the El Salvadoran gang prison among what the federal government has called "the worst of the worst."

Left: Real Madrid logo; right: artist conception.
Left: © Real Madrid CF, adapted in part by Coloring Pages for Toddlers;
here fair use. Right: Same crown with free clip art ball and Word lettering;
RJ Peltz-Steele CC0 with no claim to underlying works.

The face-off between the Trump administration and U.S. District Chief Judge James E. Boasberg over deportations has stoked strong suspicion that the enforcement action swept up men who pose no threat to the peace, have legitimate claims to refugee status, and now have been condemned wrongfully to imprisonment in El Salvador, a country foreign to them and their families.

The suspicion is not easily vindicated because the men are gone from the United States and inaccessible in El Salvador, and the evidence against them is secreted in the hands of the federal government. Yet one by one, stories are emerging that cast doubt on the official narrative. 

Immigration attorney Linette Tobin, a member of the D.C. Bar, has been making the media rounds to tell the story of one client, Jerce Reyes Barrios. Tobin told outlets, including NPR, that she has seen the evidence against Reyes Barrios (family photo via ABC News), and it comprises nothing other than a tattoo and social media images of a hand gesture, both with innocent explanations. 

Left: Horned hand. RJ Peltz-Steele with Google Gemini CC0
Right: ASL "I Love You." LiliCharlie via Wikimedia CC BY-SA 4.0

According to Tobin, Reyes Barrios is a 36-year-old professional soccer player and father of two who has a tattoo unrelated to any gang other than Spain's very legitimate and globally popular Real Madrid Club de Fútbol (RMCF). A variation on the RMCF logo, the tattoo pictures a crown atop a soccer ball and the word "Dios" (God), Tobin said.

The hand gesture pictured in social media, according to Tobin, is the "rock and roll salute." That gesture, known more widely as "the horned hand," became associated with heavy metal in the 1970s (more at Medium), then came into wider use in music culture. The gesture is sometimes interchanged, knowingly or unknowingly, with the ASL sign for "I love you" (literally, the letters I, L, and Y), which is similar but requires an extended thumb.

Tattoos imaged in 2024 Texas DPS presentation include these.
Public document; no indicated copyright notice.

Circulating online, a 2024 presentation by the Texas Department of Public Safety on the Venezuelan gang Tren de Aragua (more from NPR), to which the federal government alleges Reyes Barrios and other deportees belong, depicts tattoos borne by gang members. While some of the tattoos might be indicative of Tren de Aragua—images of trains, for example—most are not so specific, e.g., a rose, a clock, a star.  (More from NBC News.) Tren means "train," and Aragua is a Venezuelan state west of Caracas.

Also among the imaged tattoos are a crown, similar to the Real Madrid CF logo; the Nike "jumpman logo" with Michael Jordan's and LeBron James's number "23"; and the initials "HJ," said to abbreviate hijos (sons), under a crown ("king of kings"), meaning "sons of God." While gang members might bear such tattoos, they're hardly a way to determine gang affiliation.

In fact, of two of my own tattoos, one is a train—not because of criminal affiliation. Another is a variation on a cross that might suggest a football club or a historical war campaign, neither of which I'm championing. So I find this evidence against Reyes Barrios unsettling, especially insofar as it might be exemplary of the government's shallow scrutiny in countless other cases, too. 

I can only assume that when Tobin joined the D.C. Bar, she was admonished as strongly as I was never to lie. So I'm inclined to believe her, and thus to share Judge Boasberg's skepticism.

Update, Mar. 31, at 3 p.m.: Too late for Reyes Barrios and others, but I learned today that on Friday, the federal district court in Massachusetts granted a temporary restraining order against the removal of immigrants to unrelated third countries without due process, that is, notice and "meaningful" opportunity to raise safety concerns. The case is D.V.D. v. U.S. DHS (filed D. Mass. Mar. 25, 2025) (Court Listener).