Killers of the Flower Moon (2023) describes the series of murders of members of the Osage Nation in Oklahoma in the early 1920s. Because tribal members retained mineral rights on their reservation, they became extraordinarily wealthy after oil was discovered on tribal land. This leads a corrupt local boss, William K. Hale (Robert De Niro), to conspire with others in the community to deprive the Osage of their wealth by murdering them. Directed by Martin Scorsese and based on the 2017 book by David Grann, Killers of the Flower Moon focuses on the plot by Hale and his two nephews, Ernest Burkhart (Leonardo DiCaprio) and Byron Burkhart (Scott Shepherd), to take the oil rights of one Osage family. Hale's scheme is for Ernest to marry one of the sisters in the family, Mollie (Lily Gladstone), and then kill her other family members before finishing off Mollie herself so that Ernest can inherit Mollie's headrights. Eventually, federal agents come to Oklahoma to investigate the murders and uncover Hale’s plot, saving Molly and uncovering evidence to prosecute Hale and Ernest. But this is only after many Osage are murdered and their wealth stolen in a chilling story of violence, greed, and the racially motivated devastation of the Osage Tribe. I’m joined by Wilson Pipestem, a partner at Pipestem Law and citizen of the Otoe-Missouria Tribe and an Osage headright holder, who has dedicated his career to protecting the rights of tribal governments and American Indians.
Timestamps:
0:00 Introduction
4:26 The historical context and Osage tribal rights
14:35 The stereotype of rich Osages
15:25 Legal trusts and exploitation of the guardianship system
22:17 How limits on federal and tribal jurisdiction led to violence and impunity
26:30 Fear and terror in the Osage community
29:48 The federal investigation
32:06 The level of local complicity in the Osage murders
33:55 The treatment of the Osage as “incompetent” under the law
38:33 Capturing Osage tradition and belief on screen
41:27 Mollie and Ernest’s complex relationship
45:50 How the Osage overcame a legacy of violence and impunity
48:50 The role of law and lawyers
51:58 How Martin Scorsese listened to and engaged the Osage people
Further reading:
Bahr, Sarah, “What to Know About ‘Killers of the Flower Moon’: A Guide to the Osage Murders,” N.Y. Times (Oct. 23, 2023)
Blackhawk, Ned, The Rediscovery of America: American Indians and the Unmaking of U.S. History (2022)
Fletcher, Matthew L.M., “Failed Protectors: The Indian Trust and ‘Killers of the Flower Moon,’” 117 Mich. L. Rev. 1253 (2019)
Grann, David, Killers of the Flower Moon: The Osage Murders and the Birth of the FBI (2017)
Strickland, Rennard, “Osage Oil: Mineral Law, Murder, Mayhem, and Manipulation,” 10 Nat. Resources & Env’t. 39 (1995-96)
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/faculty/full-time/jonathan-hafetz.cfm
You can contact him at jonathanhafetz@gmail.com
You can follow him on X (Twitter) @jonathanhafetz
You can follow the podcast on X (Twitter) @LawOnFilm
You can follow the podcast on Instagram @lawonfilmpodcast
Killers of the Flower Moon (2023) describes the series of murders of members of the Osage Nation in Oklahoma in the early 1920s. Because tribal members retained mineral rights on their reservation, they became extraordinarily wealthy after oil was discovered on tribal land. This leads a corrupt local boss, William K. Hale (Robert De Niro), to conspire with others in the community to deprive the Osage of their wealth by murdering them. Directed by Martin Scorsese and based on the 2017 book by David Grann, Killers of the Flower Moon focuses on the plot by Hale and his two nephews, Ernest Burkhart (Leonardo DiCaprio) and Byron Burkhart (Scott Shepherd), to take the oil rights of one Osage family. Hale's scheme is for Ernest to marry one of the sisters in the family, Mollie (Lily Gladstone), and then kill her other family members before finishing off Mollie herself so that Ernest can inherit Mollie's headrights. Eventually, federal agents come to Oklahoma to investigate the murders and uncover Hale’s plot, saving Molly and uncovering evidence to prosecute Hale and Ernest. But this is only after many Osage are murdered and their wealth stolen in a chilling story of violence, greed, and the racially motivated devastation of the Osage Tribe. I’m joined by Wilson Pipestem, a partner at Pipestem Law and citizen of the Otoe-Missouria Tribe and an Osage headright holder, who has dedicated his career to protecting the rights of tribal governments and American Indians.
Timestamps:
0:00 Introduction
4:26 The historical context and Osage tribal rights
14:35 The stereotype of rich Osages
15:25 Legal trusts and exploitation of the guardianship system
22:17 How limits on federal and tribal jurisdiction led to violence and impunity
26:30 Fear and terror in the Osage community
29:48 The federal investigation
32:06 The level of local complicity in the Osage murders
33:55 The treatment of the Osage as “incompetent” under the law
38:33 Capturing Osage tradition and belief on screen
41:27 Mollie and Ernest’s complex relationship
45:50 How the Osage overcame a legacy of violence and impunity
48:50 The role of law and lawyers
51:58 How Martin Scorsese listened to and engaged the Osage people
Further reading:
Bahr, Sarah, “What to Know About ‘Killers of the Flower Moon’: A Guide to the Osage Murders,” N.Y. Times (Oct. 23, 2023)
Blackhawk, Ned, The Rediscovery of America: American Indians and the Unmaking of U.S. History (2022)
Fletcher, Matthew L.M., “Failed Protectors: The Indian Trust and ‘Killers of the Flower Moon,’” 117 Mich. L. Rev. 1253 (2019)
Grann, David, Killers of the Flower Moon: The Osage Murders and the Birth of the FBI (2017)
Strickland, Rennard, “Osage Oil: Mineral Law, Murder, Mayhem, and Manipulation,” 10 Nat. Resources & Env’t. 39 (1995-96)
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/faculty/full-time/jonathan-hafetz.cfm
You can contact him at jonathanhafetz@gmail.com
You can follow him on X (Twitter) @jonathanhafetz
You can follow the podcast on X (Twitter) @LawOnFilm
You can follow the podcast on Instagram @lawonfilmpodcast