LDB authors are active in a wide range of research publication. These opinion pieces are some of the most recent contributions in areas relevant to LDB's mission." The following opinion pieces may illuminate issues of interest to LDB readers, although they do not necessarily reflect the views of LDB.
Are Anti-Israel Boycotts Legal? Doesn't Look Like It
May 19, 2016
Boycotts against Israel are making headlines again. The American Anthropological Association (AAA) is voting this month on whether to boycott Israel.
LDB’s Kenneth L. Marcus to Testify in Support of Ohio’s Anti-BDS Legislation
May 11, 2016
On Tuesday, May 10, LDB President Kenneth L. Marcus will testify in support of Ohio’s anti-BDS bill, H.B. No. 476, “to enact section 9.75 of the Revised Code to prohibit a state agency from contracting with a company that is boycotting Israel or disinvesting from Israel.”
Why we sued the American Studies Association
May 8, 2016
In the past few years, the American Studies Association (ASA) has been diverted from its scholarly mission—promoting the study of American culture—to a political one, by leaders seeking to turn the ASA into an organization that advocates for social change far beyond American borders, and with an unwavering focus on delegitimizing Israel.
Protecting Free Speech and Banning Hecklers
May 4, 2016
North Carolina’s Lt. Governor Dan Forest is proposing a bill that would impose punishments on hecklers who “interrupt the free expression of others” by shouting down speakers on the state’s 17-campus public university system, according to the Associated Press.
Robbins: Anti-Semitism hits Harvard Law
April 25, 2016
Against a backdrop of intimidation and ugliness that increasingly sullies academia when it comes to discussions of the Palestinian-Israeli conflict, Harvard Law School was treated on April 14 to an illustration of just how bad things have gotten.
Professors file lawsuit against academic association for allegedly violating corporate law in Israel boycott
April 20, 2016
Today, several prominent members of the American Studies Association have filed a lawsuit against the organization in the D.C. federal district court. The lawsuit argues that the boycott of Israel implemented by the organization in 2014 violates the group’s own rules and constitution, as well as laws governing corporations and nonprofits.
When Does Anti-Israelism Turn Into Anti-Semitism?
April 12, 2016
On Monday, March 28, Professor William Jacobson of Cornell University spoke to a room packed with law students at the University of Chicago, on the topic of “When Does Anti-Israelism Turn Into Anti-Semitism?”
Open Letter to the Edinburgh University Students' Association
April 7, 2016
As a concerned Edinburgh graduate, I write you with a sense of déjà vu, as I have done this before.
I want to restate and expand on my objections to your 2016 motion and resolution to boycott the Jewish state of Israel. Let me put that a little differently: the only liberal parliamentary democracy in the Middle East, one of the very few genuine democracies in the world today.
Selective, Biased and Discriminatory: The American Anthropological Association Task Force Report on Israel-Palestine
April 6, 2016
This document addresses the selective, biased and discriminatory nature of the American Anthropological Association (AAA) Task Force Report (TFR) in respect to Public Health, the ethics of Operation Protective Edge and the effects of cradle-to-grave incitement in Palestinian society. The working paper recommends retraction of the TFR.
In Praise of Justice Alito’s Statement in Ben-Levi v. Brown
March 21, 2016
The government’s relationship with religion, if anything, means that the government may not categorically subject a particular religious group to heightened requirements for religious exercise, may not endorse and codify a particular interpretation of religious doctrine, and may not limit the religious exercise of an individual because the government disagrees with the individual’s interpretation of his faith.
Alabama and Georgia pass new Anti-BDS Measures
March 17, 2016
More and more state legislatures are passing measures to combat the Boycotts, Divestment, and Sanctions (BDS) movement against Israel. The BDS movement seeks to delegitimize the State of Israel, and BDS campaigns on campus often lead to increased incidents of anti-Semitism.
Israeli Apartheid Week in Britain: Why Students’ Unions Are Acting Unlawfully
March 11, 2016
Israeli Apartheid Week sits within a global social movement, the Boycott, Divestment and Sanctions or BDS movement, which aims to exclude Israel from the economic, cultural and educational life of the rest of the world.
As part of its public relations campaign to lure unwitting American citizens into supporting unlawful activity, the BDS movement, through affiliated groups, has published a number of quasi-legal memoranda that wrongfully portray BDS support as being absolutely protected by the First Amendment.
BDS movement suffers legal setbacks globally as nations and states impose restrictions, but legislative provisions split the White House and Congress. University protests continue with prominent antisemitic harassment
February 29, 2016
February saw dramatic setbacks for the BDS movement as legislators and politicians imposed restrictions and voiced unprecedented opposition. At the same time, BDS in universities and elsewhere continued to degenerate into overt antisemitism.
Inaugural Cornell LDB Trip to Israel
February 17, 2016
It was probably one of the stranger moments in my life, sitting on a plane to Israel. Well, that part was not so strange, I’d been several times before, but the kicker was that I was leading a Cornell Law School trip to Israel, the Jewish homeland, and almost everyone on the trip was not Jewish.
Pseudo-Scholarship, Intersectionality, and Blood Libels Against Israel
February 15, 2016
Jews have been accused of harming and murdering non-Jews since the twelfth century in England, when Jewish convert to Catholicism, Theobald of Cambridge, mendaciously announced that European Jews ritually slaughtered Christian children each year and drank their blood during Passover season.
Harold Brackman Reports on Campus Anti-Semitism
February 8, 2016
In a recent report, “Anti-Semitism on Campus: A Clear-and-Present Danger,” Dr. Harold Brackman, of the Simon Wiesenthal Center, examines the continuing issues of discriminatory cases of anti-Semitism occurring on many college campuses across the nation.
Robbins: Ex-Soviet dissident tackles moral indifference
February 2, 2016
The sweet faces of the two young Israeli women hacked to death by Palestinians last month pain Israelis deeply, and the indifference to these murders and so many others confounds them. Dafna Meir, a 38-year-old mother of 6, was stabbed to death in her home on Jan. 17; Shlomit Krigman, slaughtered Jan. 26 near her local grocery, was 23.
To those who want to push Israel off campus: you will fail
January 19, 2016
Malicious campaigns to intimidate Jewish and other pro-Israel students and faculty into silence are occurring on far too many North American college campuses. Driven by Students for Justice in Palestine (SJP) and its many off-campus enablers, the campaigns are loud and they do not care about appearing extreme.
EU Labeling Guidelines Stir Global Controversy, Rest on Shaky Legal Foundations
December 31, 2015
The new EU labeling policy calling for special labelling for Israeli goods related to “settlements,” as well as other restrictions and outright exclusions on some such products, has stirred up a global controversy and left many in the Jewish and international community greatly concerned.
The Need for an ‘Educational’ Birthright Program
December 21, 2015
Numerous studies have documented that college campuses are increasingly hostile not just to Israel, but to all Jewish students. Most Jewish high school graduates are unprepared for the onslaught of antisemitic and anti-Israel propaganda they will encounter.
Founder and president of the Louis D. Brandeis Center for Human Rights Under Law Kenneth Marcus offers an indispensable book about the manner in which anti-Semitism has evolved from the ancient world to the present, from religious anti-Judaism to secular anti-Semitism.
New Books in Jewish Studies: Interview with Kenneth L. Marcus
November 18, 2015
Recently, LDB President Kenneth L. Marcus gave an enlightening interview to Jason Shulman for the New Books in Jewish Studies podcast series. The interview focused not only on Marcus’ new book, The Definition of Anti-Semitism, but also on the troubling resurgence of anti-Semitism in American higher education.
European Sociological Association Passes New Anti-Boycott Guidelines
November 5, 2015
In August, the European Social Association (ESA), an academic association of sociologists and a non-profit Europe-wide association made up of over 2000 member scholars, approved ethical guidelines holding that “its members, conference participants and partners are not to be discriminated against in any way, direct or indirect, including boycott of themselves or their institutions, based on their ethnic, national [or] religious…backgrounds.”
The Spooky New Face Of Anti-Semitism
October 30, 2015
On Wednesday, Pope Francis waded into the ongoing discussion about anti-Semitism. He told a Jewish audience, “To attack Jews is anti-Semitism, but an outright attack on the State of Israel is also anti-Semitism.”
Activists campaigning for boycott, divestment and sanctions (BDS) against Israel recently called for an “international wave of action in solidarity with the Palestinian struggle” and promoted the planned events on social media under the hashtag #SolidarityWaveBDS.
The Continuity of the New Anti-Semitism and Anti-Semitic Hate Acts and Terrorism
October 26, 2015
The Times of Israel reported last week that according to the latest annual US State Department Annual Report on International Religious Freedom, the level of anti Semitic incidents continues to rise in Europe. That report found that the rise in European anti Semitism was tied to criticism of Israeli policy.
Rabbi Finman Interview with LDB President Kenneth L. Marcus: The Definition of Anti-Semitism and Anti-Semitism on Campus
October 26, 2015
Earlier this month, LDB President Kenneth L. Marcus had an online interview with Rabbi Herschel Finman for his radio show, The Jewish Hour, to discuss his latest book, The Definition of Anti-Semitism, and anti-Semitism on American college campuses.
UC Regents Reject Weak Intolerance Statement
September 24, 2015
On September 16th UC regents decided to reject the proposed statement of principles against intolerance because it inadequately addressed the problem of anti-Semitism on UC campuses, the reason for which it was first proposed.
When an obsession with Israel enters the abyss of anti-Semitism
September 12, 2015
The California Legislature recently took a courageous step and unanimously passed a resolution that "urges each University of California campus to adopt a resolution condemning all forms of anti-Semitism."
The Red Herring of the Definition Debate
September 2nd, 2015
As we all know, anti-Semitism is on the rise globally. Here in the U.S., it is our campuses and students that are experiencing the brunt of it. A recent study published by Trinity College and the Louis D. Brandeis Center for Human Rights Under Law found that 54% of Jewish college students had experienced or witnessed anti-Semitism in the past year.
Leading Anti-Semitism Scholars Urge Adoption of Anti-Semitism Definition
August 31, 2015
Many of the world’s leading scholars of anti-Semitism, including LDB President Kenneth L. Marcus, have just issued the following joint letter urging University of California President Janet Napolitano and the University of California regents to adopt the U.S. State Department definition of anti-Semitism:
Conflict Resolution, the Arab-Israel Conflict, and Campus Anti-Semitism: An Interview with Dr. Peter Weinberger of the Institute of Peace
August 14, 2015
Peter Weinberger is a senior program officer at the U.S. Institute of Peace who has interesting ideas about how conflict analysis tools can be applied not only to the Arab-Israel conflict but also to the resurgent problem of campus anti-Semitism.
Why universities need a definition of anti-Semitism
July 2, 2015
Does it matter how we define our words? Sometimes it does. The U.S. Department of Education understands this point, as do the Centers for Disease Control and Prevention (CDC). Universities need to learn it, too.
No issue on American college campuses today is more toxic and divisive than the Israeli-Palestinian conflict. For a decade now, “Israeli Apartheid Weeks,” which posit Israel as another South Africa, have featured extreme anti-Zionist events.
LDB Makes Higher Education Act Case to Congressional Staffers
June 8, 2015
On Wednesday, Brandeis Center President Kenneth L. Marcus and Endowment for Middle East Truth (EMET) President Sarah Stern educated congressional staff and others on the history, current status, and problems of Title VI of the Higher Education Opportunities Act.
Kantor Center Reports on Surging Global Anti-Semitism
April 26, 2015
The 2014 Kantor Center annual report highlights a 38% worldwide increase in violent anti-Semitic incidents compared to 2013. The Kantor Center, based at Tel Aviv University, specializes in contemporary European Jewry and publishes an annual detailed report on anti-Semitism worldwide.
Understanding and Addressing Anti-Semitism on College Campuses
March 25, 2015
Anti-Semitism is a combination of religious, ethnic, and racial prejudice aimed at those who are or are thought to be Jewish. It can take many forms, including bigotry, bullying, defamation, stereotyping, hate crimes, acts of bias, or scapegoating.
Last year, the British scholar Alan Johnson spoke up against a resolution to boycott Israel at the National University of Ireland, Galway. As he recounts the experience, “Anti-Israel student activists tried to break up the meeting by banging on the tables, using the Israeli flag as a toilet wipe, and screaming at me, again and again, ‘Fuck off our fucking campus you fucking Zionist!’”
Viewpoint: I choose not to be silent
March 12, 2015
“I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.”
ASUC Senate Passes Bill Condemning Anti-Semitism
February 26, 2015
Fantastic news for UC Berkley’s Jewish students came this week. On Wednesday, February 25th, the Associated Students of the University of California (ASUC) unanimously passed a bill in their senate that condemns campus anti-Semitism.
Academic Progressivism Descends into Moral Madness
February 16, 2015
In the campus war against Israel, the all too familiar refrain from anti-Israel activists, many of whom form the loose coalition of groups and individuals spearheading the Boycott, Divestment, and Sanctions (BDS) campaign, is that their quarrel is only with Israelis and their government’s policies, not with Jews themselves.
Promoting diversity isn’t trying to stifle free speech
December 8, 2014
Who wants to “stifle” free speech on campus, and who wants to protect it? In their Nov. 21 op-ed on The Hill’s Congress Blog (“Stifling of free speech on campus”), Sondra Hale and Bekah Wolf criticize the Louis D. Brandeis Center’s efforts to ensure that federally funded Title VI outreach programs provide the “diversity of perspectives” that the Higher Education Opportunity Act (HEOA) already requires.
Ode to the Anarchists Among Us, Then and Now
December 3, 2014
In the U.S., “anarchist” was once a dirty word. Following the 1886 Haymarket Bombing in Chicago, in which 11 including seven policemen were killed by anonymous bombers, cartoons appeared nationwide of wild-eyed, suggestively Germanic anarchists blowing America to hell.
Terrorism, “Lone Wolves,” and “Virtual Wolf Packs”
December 2, 2014
Violence to change or impact the existing order may be as old as humankind. In terms of collective violence—let’s use the term “mob” for a phenomenon that may start small but can even morph into a revolution—it has had varied political, economic, and religious-ethnic motives over the course of the last thousand years in western societies.
Jewish students have the right to feel safe on campus
November 25, 2014
It all started when I took out some anti-BDS (Boycott, Divestment and Sanctions) information sheets at a Brooklyn College-sponsored event last year that featured Omar Barghouti, the founder of the BDS movement. You’d expect that of any student opposed to the speaker’s anti-Israel views.
The Return of the Malevolent Jew: The Academic Nazification of Israel
November 16, 2014
“What if the Jews themselves were Nazis?,” mused French philosopher, Vladimir Jankélévitch in 1986. “That would be great. We would no longer have to feel sorry for them; they would have deserved what they got.”
The recasting of Israelis, and, by extension, Jews as Nazis has, in fact, taken place, just as Jankélévitch envisioned.
Writing shortly after the publication of Max Blumenthal’s anti-Israel screed “Goliath” a year ago, Eric Alterman noted that it would be “no exaggeration to say that this book could have been published by the Hamas Book-of-the-Month Club (if it existed).”
Is the academic boycott against Israel anti-Semitic?
Variations of that question come up again and again in a new book of essays, The Case Against Academic Boycotts of Israel, edited by Cary Nelson and Gabriel Noah Brahm.
As Congress considers measures to reauthorize the Higher Education Act (HEA), members should know that academic integrity on U.S. college campuses is under assault, and so is our national security – from the same source.
JOINT STATEMENT ON THE MISUSE OF FEDERAL FUNDS UNDER TITLE VI
September 17, 2014
We, the undersigned, are deeply concerned about the misuse of federal funds under Title VI of the Higher Education Act (“HEA”). Despite congressional reforms adopted during the 2008 reauthorization of the HEA, many recipients of federal aid under Title VI continue to use taxpayer funds to support biased, politicized, and imbalanced programs of Middle East Studies.
While everyday anti-Semitism has become part of the fabric of Western European life in a way it has not been since the 1930s, the situation in the U.S. is also becoming troubling. I would compare American manifestations of anti-Semitism to ugly boils on the body politic whose poisons have not yet entered the bloodstream.
What a Year for the Launch of Our Law School Chapters
August 1, 2014
The Louis D. Brandeis Center for Human Rights Under Law launched law student chapters that will fill an important gap in American legal education, offer the opportunities that members seek, and provide a resource to other members of the university community.
Europe’s Three-Rings Circus of Israel and Jew Hatred: Latest Roundup
July 23, 2014
UK: In a post that appeared on his Twitter feed, Liberal Democratic MP David Ward wrote, “The big question is – if I lived in #Gaza would I fire a rocket? – probably yes”, followed by another tweet shortly thereafter, that reads “Ich bin ein #palestinian – the West must make up its mind – which side is it on?” Later, facing discipline by how own party, he offered a tepid apology: “I utterly condemn the violence on both sides in Israel and Gaza.”
Brief of the Day — Zivotofsky v. Kerry
July 23, 2014
This morning, I had the distinct honor and pleasure to file an amicus brief co-written with Prof. Eugene Kontorovich, in Zivotofsky v. Kerry, the “Jerusalem passport case.” We filed on behalf of the Brandeis Center for Human Right Under Law, on whose Legal Advisory Board I serve, and twelve leading professors of foreign relations and constitutional law from across the ideological spectrum
Terrorism and Anti-Semitic Violence: Complex New Realities Defy Simple Ideological Labels
June 10, 2014
It’s not much of an exaggeration to say that we live in an age when almost every headline story has become a Rorschach Test for spin doctors on cable news or in cyberspace. Their purpose is not to promote dialogue leading to some sort of shared understanding but to further fuel current political polarizations with wildly different, ideologically driven interpretations.
Over the last few weeks, the Holocaust has appeared surprisingly often in the news. In most cases, the reason has been the surprising degree of ignorance or denial that so many people have about this cataclysmic event. The most disheartening reports have addressed the role of educators in spreading misinformation. Worse, they have illustrated that Holocaust denial is not just an ordinary form of ignorance but rather a modern cloak for the return of old-fashioned anti-Semitism.
Kenneth L. Marcus Kenneth L. Marcus is President and General Counsel of the Louis D. Brandeis Center for Human Rights Under Law and author of the award-winning Jewish Identity and Civil Rights in America (New York: Cambridge University Press: 2010). Marcus founded the Brandeis Center in 2011 to combat the resurgence of anti-Semitism in American higher education.