Chicago-Kent College of Law, Monday, November 28, 12pm

On Monday, November 28, Professor Steven Resnicoff will speak to LDB law students at Chicago-Kent College of Law on how the west and its international law institutions have abandoned religious minorities.

Steven Resnicoff is a Professor of Law and Director of DePaul University College of Law’s Center for Jewish Law & Judaic Studies (JLJS). He is an internationally known scholar who has written and lectured extensively on a wide variety of subjects, including alternative dispute resolution, bankruptcy, commercial paper, legal ethics, and medical ethics. Drawing on his formal Talmudic training as well as law firm experience, Professor Resnicoff analyzes these issues from both secular and religious perspectives, often exploring how these disparate systems interact. As holder of DePauls prestigious Wicklander Chair for Professional Ethics in 2001, he focused on honesty and integrity in the legal profession and in legal education. His purely commercial law writings have also commanded attention. His proposal to amend the Bankruptcy Code, made in “Is it Morally Wrong to Depend on the Honesty of Your Partner or Spouse? Bankruptcy Dischargeability of Vicarious Debt,” was explicitly endorsed by the American Bar Associations ad hoc committee on partnerships in bankruptcy. His works also have been cited favorably by academics and courts.

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Washington, D.C: The Louis D. Brandeis Center for Human Rights Under Law (LDB) is proud to announce the promotion of Edward Kunz to the position of Senior Communications and Development intern. Edward Kunz joined LDB in February of this year, and has completed phenomenal work for the Center, including writing blog posts, drafting press releases, assisting with research projects, and compiling LDB’s monthly e-publication, the Brandeis Brief, among other things. In March, Edward helped organize the Louis D. Brandeis Center’s successful Fourth Annual Law Student Leadership Conference, which brought together fantastic speakers and LDB Law Student Leaders from all across the country.

“We are honored to have Edward as a part of our team,” says LDB President and General Counsel Kenneth L. Marcus. “His talent and passion has led to great contributions to our work against campus anti-Semitism.”

Edward Kunz is currently working on an MA in history from the University of North Carolina. On his work for LDB, Edward stated that, “I chose originally to work with LDB due to both my Jewish background as well as my interest in free speech. The Brandeis Center fights for the rights I believe in, and any ability to help an organization whose stated objective falls so closely to my own goals is an opportunity I cannot pass up.”

Edward’s promotion marks the continued growth of the Brandeis Center.

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ABOUT THE LOUIS D. BRANDEIS CENTER
The Louis D. Brandeis Center, Inc., or LDB, is an independent, nonprofit organization established to advance the civil and human rights of the Jewish people and promote justice for all. The Brandeis Center conducts research, education and advocacy to combat the resurgence of anti-Semitism on college and university campuses. It is not affiliated with the Massachusetts University, the Kentucky law school, nor any of the other institutions that share the name and honor the memory of the late U.S. Supreme Court justice.

By Aviva Vogelstein

Algemeiner

Last week, the Bal Harbour Village Council took a tremendous step forward in the fight against antisemitism: under the leadership of Mayor Gabriel Groisman, the Council voted 5-0 in favor of the “Anti-Semitism Definition Act.”

I had the honor of testifying in support of this important ordinance, which seeks to provide Bal Harbour’s law enforcement officials with a uniform definition of antisemitism. Such a definition would help them evaluate possible antisemitic intent behind criminal offenses, ensuring appropriate treatment of such incidents. If the ordinance passes its second reading in December, Bal Harbour will be the first government body in the country to adopt such legislation.

“This fight is important not only for the Jewish community but for the entire American community at large — as hate breeds hate, and we cannot stand still and allow intolerance to threaten our society,” said Mayor Groisman.

Bal Harbour is also a leader in anti-BDS legislation. Nearly two years ago, Bal Harbour became the country’s first municipality to pass an anti-BDS ordinance. At the time, only two states had passed anti-BDS measures. Now, an estimated three dozen cities and 24 states have passed similar bills.

Antisemitism is unfortunately on the rise. The Anti-Defamation League recorded 1,299 antisemitic incidents in the first three quarters of 2017, a glaring 67% increase from the 779 in the same period last year. In Florida, the ADL recorded 137 antisemitic incidents in 2016, with South Florida — where Bal Harbour is located — having the highest percentage.

In October, a Naples Chabad was burglarized, trashed and defaced with antisemitic graffiti. Reportedly, someone had drawn a swastika and written on a window in red lipstick “! YOU JEWS NEVER! LEARN!! HEIL HITLER!” In January, “BDS” was spray-painted in front of Jewish-owned businesses in Miami.

Including the US State Department’s definition in Bal Harbour’s Code would be an important tool for law enforcement. Law enforcement concerns were crucial to developing the European Union Monitoring Committee’s International Working Definition of Anti-Semitism, upon which the State Department and International Holocaust Remembrance Alliance’s (IHRA) definitions are based.

The UK College of Policing adopted the definition in its “Hate Crime Operational Guidance.” A 2017 European Parliament Resolution called for adopting the definition in supporting law enforcement efforts to identify and prosecute antisemitic attacks more efficiently and effectively. The Office for Democratic Institutions and Human Rights included the full IHRA definition in its 2017 guide, “Understanding Anti-Semitic Hate Crimes and Addressing the Security Needs of Jewish Communities.”

Valid monitoring, informed analysis and effective policymaking start with uniform definitions. Uniform definitions are especially important for antisemitism, because much confusion clouds the line between antisemitism and legitimate criticism of Israel. Bal Harbour’s initiative — and other similar federal and state bills that have been introduced — seek to apply the State Department’s widely-established definition of antisemitism domestically. Under the State Department definition, anti-Zionism crosses the line into antisemitism if one seeks to demonize Israel, delegitimize Israel’s right to exist, or hold Israel to a double-standard by demanding behavior not expected of any other democratic nation.

The definition importantly notes, “Criticism of Israel similar to that leveled against any other country cannot be regarded as anti-Semitic.” Former State Department Special Envoy to Monitor & Combat Anti-Semitism, Ira Forman, explained, “It is especially important to define anti-Semitism clearly to more effectively combat it.”

Federal bipartisan legislation incorporating the State Department’s definition of antisemitism unanimously passed the Senate in December 2016. Although the House did not have time to vote before the winter recess, the House Judiciary Committee recently held a hearing on the bill, and it is expected to be re-introduced. In the states, South Carolina is expected to be the first state to pass similar legislation soon. The Louis D. Brandeis Center has been working to educate lawmakers about the importance of defining antisemitism and has testified in support of several state bills.

None of these bills burden free speech. Rather, they provide a uniform tool for ascertaining intent, similar to the use of confessions in criminal proceedings. The point is not to penalize or restrict antisemitic speech, which is typically protected by the First Amendment and should not be curbed. However, antisemitic activities may violate the law, such as when they involve vandalism or physical assault. This conduct should be addressed in a manner consistent with law enforcement policies.

Mayor Groisman and the Bal Harbour Village Council deserve tremendous praise for their support of this vital ordinance.

Aviva Vogelstein is the Director of Legal Initiatives at the Louis D. Brandeis Center for Human Rights Under Law.