The Institute for Law and Policy Summer Program for Lawyers and Law Students

LDB is pleased to once again partner with our friends at The Israel Forever Foundation in co-sponsoring the upcoming Institute for Law and Policy Summer Program for International Students and Attorneys, hosted by The Hebrew University at Mt. Scopus, Jerusalem. The program will span three weeks from June 27 to July 14, and will offer timely and informative…

Lawfare Project Announces Victory: LP Legal Actions Force Shutdown of ALL Kuwait Airways Inter-European Flights

The Lawfare Project (LP) recently announced a major victory against Kuwait Airways Corporation (KAC) and the Arab League boycott of Israel. LP’s Swiss Counsel Philippe Grumbach filed civil and criminal complaints against KAC in Geneva, for refusing service to Israeli nationals, in violation of anti-discrimination laws. The complaints against the airline were filed on behalf…

In Praise of Justice Alito’s Statement in Ben-Levi v. Brown

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…

BDS and the First Amendment

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. In a recently published analysis, The Lawfare Project effectively exposed the flawed and misleading BDS legal claims as they relate to New York State law.  Lawfare’s analysis also touched on the Constitutional issues that are involved, which are discussed in greater detail herein.

The Institute for Law and Policy at Hebrew University

LOGO-Institute-for-Law-and-Policy-BLUE-300pxThe Institute for Law and Policy at the Hebrew University of Jerusalem Faculty of Law has recently announced their Summer Program for international Students and Attorneys. The program, to take place during June 27-July 14, 2016, is co-sponsored by the Brandeis Center along with several other groups such as StandWithUs and the Jewish Federations of North America.

Fulltext of the Institute’s announcement can be found below:


(Jerusalem, Israel) Yuval Shany, Dean of the Hebrew University Faculty of Law in Jerusalem, and Richard D. Heideman, Chairman of the Institute for Law and Policy, are pleased to announce the 2016 Institute Summer Program “Legal Aspects for the Middle East Conflict,” focusing on International Law, Human Rights, the International Criminal Court and Global Technology Law.

The Institute, originally created in 1970, was re-established three years ago by Dean Shany and Heideman, in keeping with their common commitment to provide a high-level academic exposure for law and public policy students from multiple countries to the complexities of legal issues inherent in ongoing Middle East conflicts.

More than forty students from 10 countries including Armenia, United States, Canada, Norway, Kenya, Uganda, Malaysia, Singapore and Israel have gleaned instrumental knowledge and experience provided by the expert lecturers and educators of the Institute.

Opening on June 27, 2016, the 3-week program will provide in-depth analysis of Israel’s most important and exciting law and policy challenges, in fields such as the Middle East conflicts, human rights, economic globalization, and law and technology.

The Institute is pleased to announce that Professor Luis Moreno Ocampo, former Prosecutor at the International Criminal Court, will be lecturing this year in a special course focusing on the Role of the International Criminal Court and Other International Institutions in the Israeli-Palestinian Conflict. Lecturers previously appearing at the Institute include noted Human Rights advocate Professor Irwin Cotler, now head of the Raoul Wallenberg Center in Canada, and Professor Robbie Sabel, noted international law scholar at the Hebrew University Faculty of Law. 

At a time when Israel plays center-stage in controversies related to these issues, participants will not only engage in important analysis and debate, but will also experience the multicultural and multidimensional reality of the Jewish State. Professor Yuval Shany, Dean of the Faculty of Law at Hebrew University, emphasizes the value of the learning environment: “Jerusalem, with its rich history, religious diversity and political centrality, is one of the most exciting places in the world to study international law, conflict resolution and human rights. Our Summer Institute offers oversea participants a rich introduction to the issues confronting us here in Israel in the top-notch and pluralistic academic environment of Hebrew University.”

Richard D. Heideman, Senior Counsel of the Washington DC global law firm Heideman Nudelman & Kalik, PC which focuses on protecting the rights of victims of terror, is the Co-Founder and Chairman of The Israel Forever Foundation and was the impetus behind the re-establishment of the Institute drawn from his experience as a student at the Faculty of Law at Hebrew University in the summers of 1970-72, Heideman stated today in Washington: “We believe the Institute for Law and Policy will have a lasting impact on influential legal and public policy minds of the future. Not only will participants again this year undergo a unique study program in a prominent academic setting, they will also return to their home countries with a greater understanding of Israeli society and the many issues and challenges facing the State of Israel in the context of the multiple ongoing Middle East conflicts.”

The annual Institute for Law and Policy is an engaging summer program for international lawyers, law and public policy students at the Faculty of Law co-sponsored by The Israel Forever Foundation, Heideman Nudelman & Kalik PC, the Louis D. Brandeis Center for Human Rights Under Law, Jewish Federations of North America, StandWithUs and the Rothberg International School. The Institute program is supported by the American Bar Association Section of International Law. Students and lawyers attending the program may be eligible to receive course and/or CLE credit.

Lawfare Project Refutes BDS Legal Arguments

LawfareProject_logoThe Lawfare Project has just published a legal analysis paper it believes will “demolish the claims of Palestine Legal and the Center for Constitutional Rights” that the Boycott, Divestment, and Sanctions (BDS) movement aimed against Israel is impervious to legal threat. The New York based non-profit legal organization is dedicated to fighting anti-Israel and anti-Semitic “lawfare,” which it defines as “the use of the law as a weapon of war,” and “the abuse of Western laws and judicial systems to achieve strategic military or political ends” against Israel.

The paper, entitled “The Illegality of BDS in New York State: Response to Frivolous Arguments of Palestine Legal and the Center for Constitutional Rights,” observes that “BDS advocates claim that any boycott of Israel, Israeli goods, or Israeli persons is protected by the First Amendment, and that the application of state anti-discrimination laws to prohibit or penalize BDS activities is consequently unconstitutional.” However, the paper demonstrates the “fatal flaws” of their arguments, and warns business contemplating the implementation of BDS practices that they must understand these flaws, “lest they find themselves subject to potentially crushing legal liability.”

The paper first analyzes false claim that BDS is entirely protected under the Supreme Court’s landmark 1982 decision in NAACP v. Claiborne Hardware Co. It points out that while that decision foreclosed certain boycotters from facing liability under a theory of tortious and malicious interference with business, it did not foreclose their liability under, for example, New York State law, whichexpressly prohibits boycott activity targeting persons and entities because of their national origin.” It also notes that Claiborne only declared it unconstitutional for government to completely prohibit speech and advocacy promoting boycotts; the decision left it perfectly constitutional for a government to forbid actual boycotts. Thus, the paper emphasizes that New York’s anti-boycott statute is perfectly constitutional under Claiborne, as it is “limited to business activity [actual boycotts] and, notably, does not forbid advocacy, picketing, or other forms of speech in furtherance of boycotting.” Later, the paper also notes that according to the Second Circuit’s opinion in Jews for Jesus, Inc., a suit brought under New York’s anti-boycott statutes will withstand a First Amendment challenge, as the statute “easily satisfy [the] criteria” necessary for states to “constitutionally regulate conduct even if such regulation entails an incidental limitation on speech” and, further, “[t]hese statutes are plainly aimed at conduct, i.e., discrimination, not speech.”

The Academic Council for Israel Anti-BDS Petition

The Louis D. Brandeis Center is joining with the Academic Council for Israel (ACFI) and other groups on this important petition. Please Join More than 400 of Us in Signing This Anti-BDS Petition http://www.academiccouncilforisrael.com/anti-bds-petition.html Join more than 100 of your academic colleagues in opposing anti-Israel BDS resolutions being considered or already voted on by some academic…

Students Supporting Israel at Indian University Passes Resolution Adopting the U.S State Department Definition of Anti-Semitism in Student Government.

IndianaOn Tuesday, December 2, Students Supporting Israel at Indian University passed a resolution in its student government that adopts the United States’ State Department’s Definition of Anti-Semitism.

The Jewish Telegraphic Agency reported that the resolution passed at the Student Association Congress meeting by a vote of 22-6, with six abstentions.

The resolution states that, “the Indiana University Student Association adopts the definition of anti-Semitism as stated above as well as the State Department’s understanding of Anti-Semitism relative to Israel” The Indiana University Student Association commented, stating they recognize “that the Jewish people, like all peoples, have a collective right to self-determination, and considers attempts to undermine these rights, including the global BDS Movement against Israel, to be a form of bigotry”

It also cites the Marcus Policy, initiated by LDB President Kenneth L. Marcus in 2004 during his tenure at the Department of Justice’s Office of Civil Rights. This policy extended Title VI of the Civil Rights Act of 1964, which protects students from discrimination based on their race, color, or national origin at federally funded post-secondary educational institutions, to protect Jewish students based on their ethnic or ancestral background.

Rachel Lerman Elected Vice President of Louis D. Brandeis Center

Rachel.LermanThe Brandeis Center is pleased to announce that Rachel Lerman was elected Vice President during the organization’s Annual Meeting on October 26, 2015. Rachel Lerman is a partner in Barnes & Thornburg LLP’s Los Angeles office, a member of the firm’s Litigation Department and co-chair of the Appellate Practice Group. 

Formerly a partner at Akin Gump Strauss Hauer & Feld LLP, Rachel Lerman focuses on appellate practice and trial strategy in complex civil cases. She has handled writs and appeals in commercial, bankruptcy, patent, trade mark, trade secret, labor, insurance defense, white collar, and family law cases in state and federal courts nationwide. Ms. Lerman has also taught, lectured, and wrote articles on different aspects of appellate practice.

Additionally, Ms. Lerman has served on LDB’s Board of Directors since December 2012 and LDB’s Legal Advisory Board since July 2012. Ms. Lerman commented, “The Louis D. Brandeis Center has done outstanding work in its efforts to end anti-Semitism on campuses across the nation. I am honored to be a part of an organization that is so dedicated to the cause of justice, and I am proud to continue our work to fight against anti-Semitism as we take the next step forward.”

LDB President Kenneth L. Marcus stated, “I have known Rachel Lerman since law school, and she has always shown that she is a person of exemplary character and has become a brilliant lawyer. She has been a terrific addition to the Brandeis Center’s advisory board and a vital member of our team. Her contributions have helped strengthen our organization.”

During the Annual Meeting, Kenneth L. Marcus was reelected as LDB’s President, Adam Feuerstein as treasurer, Judd Serotta as secretary, and Richard Cravatts and Tevi Troy as directors. LDB President Kenneth L. Marcus commented, “Our board of Directors has helped us to make great progress throughout the years, and their skills and expertise have been invaluable assets in our fight against anti-Semitism on college and university campuses nationwide. We have made great strides so far, and as the rates of anti-Semitic incidents increased both nationally and internationally, we are more determined than ever to combat anti-Semitism and end injustice and discrimination.”