Brandeis Brief ~ July 2022

Brandeis Brief: July 2022

The Brandeis Center just reached a milestone settlement in its lawsuit against Ben & Jerry’s, preventing an unlawful boycott of Israel. Earlier this month, the Brandeis Center successfully urged the Dept. of Education to continue monitoring anti-Semitism at NYU pursuant to the University’s pending Resolution Agreement with the Office for Civil Rights.

Be sure to watch today the New York City Council’s Committee on Higher Education hearing regarding campus anti-Semitism – scheduled to begin at 10:00 a.m. EDT. Brandeis Center President Alyza D. Lewin is scheduled to testify – and will also appear at a pre-hearing press conference.⚠️Time may change, so keep an eye on the NYC Council’s livestream page and check local news sources. The Brandeis Center has been busy over the last month:

  • Brandeis Center Chairman Kenneth L. Marcus testified at the Commonwealth of Virginia’s Commission to Combat anti-Semitism, urging the Commission to develop an operational plan that will have long-term impact.
  • Chairman Marcus compared Jewish American Heritage Month to the late, great comedian Rodney Dangerfield, arguing that both get ‘No respect.’
  • ️Russia has banned numerous U.S. Jews from entering the country, including Brandeis Center President Alyza D. Lewin and her father and Brandeis Center Legal Advisory Board member, Nathan Lewin. We say this is a badge of honor.
  • President Lewin led a ‘Diversity, Equity and Inclusion & Erasive Anti-Semitism’ Continuing Legal Education webinar for StandWithUs.
  • Vice Chair L. Rachel Lerman exposed how ‘Liberated’ Ethnic Studies is trying to reintroduce anti-Semitic content into California schools. Marcus weighed in on the topic in a JNS article.
  • Chairman Marcus discussed the importance of academics working together to fight rising anti-Semitism at universities across the U.S. in a Newsmax TV segment.
  • Vice Chair Lerman explained why Morningstar’s disavowal of an anti-Israel tech tool may not be enough.
  • Marcus advocated for increased parental involvement in school curricula, gleaning insights and lessons from a parent’s lawsuit  against a prominent California private school and an ill-advised initiative by the Biden administration.
  • News industry website The Journalist’s Resource sourced the Brandeis Center’s Fact Sheet on the Elements of Anti-Semitic Discourse in an article to help journalists cover anti-Semitism responsibly.
  • The Brandeis Center is hiring Employment Counsel. This full-time attorney will manage an exciting new project to combat corporate anti-Semitism through training, legal review, and strategic advice. Read the full job description.
  • Our summer law clerks and interns have been busy! writing insightful op-eds and blogs about campus activities, global anti-Semitism, Brandeis Center activities, and more.
Read about these and other developments at the Center in this month’s Brief. As always, we thank you for your tax-deductible donations and acknowledge that without you our work could not be done.

Brandeis Center Leads Team that Prevents Ben & Jerry’s Boycott of Israel

Brandeis Center and co-counsel on behalf of Ben & Jerry’s Israeli licensee, Israeli company American Quality Products (AQP) and its owner Avi Zinger, negotiated a settlement agreement with Ben & Jerry’s parent company, Unilever, that provides Zinger the right to continue manufacturing and selling Ben & Jerry’s products throughout Israel, including the West Bank/Judea and Samaria – in perpetuity. This settlement effectively prevents the unlawful boycott that Ben & Jerry’s had previously announced and signals a major defeat for the anti-Semitic Boycott, Divestment and Sanctions (BDS) movement.

Pursuant to the agreement, Zinger will continue as the exclusive producer and distributor of Ben & Jerry’s ice cream in Israel. He will continue selling the same Ben & Jerry’s ice cream consumers have been enjoying for 35 years with its Hebrew and Arabic name. Unilever sold its Ben & Jerry’s business interest in Israel to Zinger, meaning Ben & Jerry’s Vermont will no longer have any authority over Zinger’s ability to sell the ice cream in Israel.

“This is a major defeat for BDS and an enormous victory for civil and human rights,” declared Alyza D. Lewin president of the Brandeis Center. “We prevented Ben & Jerry’s unlawful boycott of Israel and provided job security to AQP’s diverse work force. This agreement benefited not only Ben & Jerry’s customers but also the thousands of Israeli and Palestinian suppliers and distributors who service AQP’s factory.”

U.S. Ed. Dept. Response to Brandeis Center Letter Reveals NYU Still Under Monitoring

Following the Brandeis Center’s letter calling on the Office for Civil Rights (OCR) to continue monitoring ongoing anti-Semitism at NYU, the U.S. Department of Education indicated that it will continue to supervise the University’s compliance with its pending Resolution Agreement with OCR.

Coverage of the Brandeis Center’s letter included Jewish Journal, The Algemeiner, and the Combat Anti-Semitism Movement. “The problem is that NYU has never done what it promised the [U.S. Ed. Dept.] that it would do. NYU committed to amend its anti-discrimination policy to expressly prohibit antisemitic conduct as defined in the Executive Order on Combating Anti-Semitism. NYU hasn’t done this,” declared Brandeis Center Chairman Kenneth L. Marcus in a New York Sun op-ed. “Similarly, NYU fails to describe ‘the forms of anti-Semitism that can manifest in the University environment’ as it promised to do.”

Marcus Testifies Before VA Anti-Semitism Commission

Brandeis Center Chairman Kenneth L. Marcus testified at the Commonwealth of Virginia’s Commission to Combat anti-Semitism. He was the only non-commission member invited to present.

Marcus discussed the importance of recognizing anti-Semitism throughout the political spectrum and “where we least expect it.” He urged the Commission to develop recommendations that are fully operational and have significant real-world impact, rather than just generating “feel good” press releases. Many Commission members expressed agreement with his statement and concurred on the need to make their work operational in a variety of contexts, including education, law enforcement, and institutions, such as museums.

‘No respect’: Marcus Declares Jewish American Heritage Month the Rodney Dangerfield of Commemorative Occasions

Brandeis Center Chairman Kenneth L. Marcus, in a sardonic op-ed for the South Florida Sun Sentinel, explored the many ways that our institutions snub Jewish American Heritage Month.

“The U.S. Department of State honors nine history and heritage months on its public website,” writes Marcus. “These months recognize women, LGBTQ, Asian, Hispanic, Caribbean, Arab and African Americans, among others. Jewish Americans, however, are forgotten – surprising, since our Secretary of State is a Jew.”

Marcus points out Harvard “has chosen this year to honor eight heritage months and seven identity recognition days.” But not Jewish American Heritage Month. The U.S. Census Bureau even ranked National Poultry Day higher than JAHM. “Symbols matter,” Marcus emphasizes.

“At a time when anti-Semitism is rising, a simple step that any institution can take is to celebrate Jewish American heritage, just as we do with the other heritages that make our nation strong.”

Banned by Russia: Brandeis Center President Alyza D. Lewin

Brandeis Center President Alyza D. Lewin and her father, Brandeis Center Legal Advisory Board member, Nathan Lewin, were among the 963 Americans on Russia’s latest list of permanently banned Americans. We could not be more proud. Although the Brandeis Center has not yet selected a location for our next conference, we are scratching Moscow and St. Petersburg off the list.

Alyza D. Lewin Leads Continuing Legal Education Webinar for StandWithUs

Brandeis Center President Alyza D. Lewin led a CLE webinar  titled, “Diversity, Equity and Inclusion (DEI) & Erasive Anti-Semitism” as part of a StandWithUs Saidoff Legal Department series on “Diverse and Current Legal Issues Impacting the Jewish Community.”

L. Rachel Lerman Exposes ‘Liberated’ Ethnic Studies

Brandeis Center Vice Chair L. Rachel Lerman exposed, in a Jewish Journal op-ed, efforts by the ‘Liberated’ Ethnic Studies group to reintroduce anti-Semitic curricular content in California classrooms.

As Lerman explains, Liberated previously drafted a model ethnic studies course “promoting a narrow and extreme form of ethnic studies…Liberated seeks to castigate “privileged” white and minority students and set them at odds with other minority students.”

Despite the overwhelmingly critical public reaction to the blatantly biased and anti-Semitic model ethnic studies curriculum, rejected by CA Governor Gavin Newsom, the CA legislature and Instructional Quality Commission, “Liberated has now repackaged and is surreptitiously selling a ‘new’ version of its curriculum to California school districts. In fact, Liberated has gone to great lengths to keep its curriculum secret from the public, although California law requires, at a minimum, that any proposal be publicly disseminated, with an opportunity for the public to respond before it is used by schools. So far, however, Liberated training events are by invitation only, and not open to the general public.”

Chairman Marcus shared further insights on this topic in this JNS deep dive.

Marcus discusses rising anti-Semitism in higher education

Chairman Marcus spoke on Newsmax TV’s ‘The Chris Salcedo Show’ about the importance of academics working together to fight rising anti-Semitism at universities across the U.S. Marcus also shared insights about the affirmative action case pending before SCOTUS, Students for Fair Admissions v. Harvard.

L. Rachel Lerman Explores Anti-Israel Bias in Tech Products that Rate Companies’ Approach to Social Issues

Reporting in the Jerusalem Post on investment firm Morningstar’s decision to drop a product used by its subsidiary to rate a company’ commitment to corporate responsibility, Brandeis Center Vice Chair L. Rachel Lerman examined baked-in anti-Israel bias in ‘environmental, social and governance’ (ESG) rating systems.

Lerman notes an over-reliance on media sources biased against Israel that “could easily result in ESG ratings influenced by parties with an anti-Israel agenda.”

An independent investigation of the Morningstar subsidiary product “advises the company to reconsider its practice of pressuring Israeli companies, co-signed by investors…of the importance of cooperating” with the product – because it “exceeds the bounds of objective analysis,” writes Lerman. “Hopefully, regulation by the Securities and Exchange Commission, reportedly in the works, will help ensure that ESG ratings are objective, transparent and less likely to reflect the political agenda of groups like BDS.”

Marcus Advocates for ‘Parental Rights’ Movement

In a pair of op-eds, Brandeis Center Chairman Kenneth L. Marcus makes the case for strong parental involvement in school curricula. Marcus highlights important takeaways from a lawsuit filed by a parent against a posh Los Angeles private school and critically examines the Biden administration’s creation of the National Parents and Families Engagement Council.

In a piece for FoxNews.com, Marcus explores the lawsuit involving L.A.’s posh Brentwood School – which expelled a student after her father objected to the school’s new radical ‘anti-racist’ curriculum: “This is very different than urging them to become “not racist.” As [‘anti-racist’ author Ibram X.] Kendi teaches, ‘The only remedy to past discrimination is present discrimination. The only remedy to present discrimination is future discrimination.’ In teaching anti-racism, Brentwood traded its previous, unfashionable racism for a more socially acceptable version.”

Writing in the Washington Times, Marcus asks if the real goal of Secretary of Education Miguel Cardona’s new initiative isn’t to strengthen relations between parents and schools – but the exact opposite: “They must engage with those who brought school reform onto the national agenda, not just those who uphold the national establishment and status quo….Is Mr. Cardona ready to engage, in a serious way, with parents who are outraged by critical race theory in their children’s classroom?”

News Industry Website Highlights Brandeis Center Fact Sheet

News industry website The Journalist’s Resource sourced the Brandeis Center’s Fact Sheet on the ‘Elements of Anti-Semitic Discourse’ in an article to help journalists cover anti-Semitism responsibly: ‘8 tips to help journalists cover anti-Semitism – and avoid inadvertently perpetuating anti-Semitic stereotypes.’

Brandeis Center fact sheets, including ‘Best Practices Guide for Combating Campus Anti-Semitism and Anti-Israelism’ and ‘Title VI Fact Sheet,’ are located on our website.

Brandeis Center Hiring Employment Counsel Position

The Brandeis Center is looking for an exceptional attorney to help manage an exciting new project that will harness its legal expertise to combat corporate anti-Semitism through training, legal review and strategic advice.

Brandeis Center Chairman Marcus explained, “Anti-Semitism is increasingly spreading in the corporate world, but we have a crucial window to stop it. The Brandeis Center is uniquely positioned to meet this challenge by bringing our successful approach to combatting anti-Semitism in higher education programs to the corporate world. I look forward to welcoming a new attorney who will play a key role in this vital project.”

Interested candidates should submit a cover letter, curriculum vitae, writing sample (less than 10 pages) and law school transcript to info@brandeiscenter.com. Read the full job description.

Brandeis Center Welcomes Summer Law Clerks and Interns

Along with legal advocacy and research, a pillar of the Brandeis Center’s work is education. Our law clerk and internship programs are two important facets of this work. This summer, we are proud to welcome two civil rights law clerks and six communications and development interns to our team.

Brandeis Center intern, Nicole Rosenzweig, (pre-law, Duke ’24) published an op-ed in The Algemeiner detailing her experience as one of the only Jewish student senators in the Duke student government when it took the anti-Semitic and discriminatory action of denying recognition to a student chapter of Students Supporting Israel. Rosenzweig describes how, throughout the ordeal, Brandeis Center attorneys provided invaluable strategic and legal advice to Duke SSI students, and warned Duke President Vincent Price that formally recognizing Duke’s SSI chapter was the “only way to ensure the university’s compliance” with federal law. Ultimately, the Duke student government reinstated Dule SSI’s formal recognition.

Also this month, Brandeis Center intern, Rosemarie Goldstein (history major, Wellesley College ’24), published two blogs – one on the U.N. Special Rapporteur’s Action Plan to Combat Anti-Semitism and another recapping Brandeis Center Chairman Kenneth L. Marcus’s testimony before the Commonwealth of Virginia’s Commission to Combat anti-Semitism.

We invite students to apply for communications and development internships for the 2022-23 academic year.

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The Louis D. Brandeis Center is a nonprofit organization supported by individuals, groups and foundations that share our concern about Jewish college students.  Contributions are tax-exempt under section 501(c)(3) of the Internal Revenue Code.  To support our efforts to combat campus anti-Semitism, please contact us at info@brandeiscenter.com
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