Brandeis Brief ~ May 2022

Brandeis Brief: May 2022

This month, the Brandeis Center was busy leading efforts and partnering with allies to protect Jews from anti-Semitic harassment and discrimination, both on and off campus:
  • LDB filed a brief in the legal case against Ben & Jerry’s, arguing that Unilever “effectively concede[s] that the only reason for not renewing [our clients’] license is [their] refusal to engage in illegal conduct.”
  • As Mohammed El-Kurd prepared to speak at Georgetown, LDB urged the University to promptly condemn anti-Semitic rhetoric that threatens to poison the atmosphere against Jewish students.
  • LDB partnered with AMCHA Initiative, Academic Engagement Network, and Scholars for Peace in the Middle East to urge a dozen U.S. universities to withdraw institutional membership from the Middle East Studies Association after it endorsed an academic boycott of Israel.
  • LDB urged the Fifth Circuit Court of Appeals to uphold the Texas anti-BDS law.
  • LDB expanded its chapter network to include the University of Illinois-Chicago Law school.
  • Elan Carr, former U.S. Special Envoy to monitor and combat anti-Semitism, relied on LDB’s groundbreaking survey of openly Jewish college students in his latest article.
  • Kenneth Marcus wrote in Newsweek about the NYC subway shooter’s anti-Semitic worldview.
  •  Alyza Lewin was a featured speaker in webinars for TIKVAH Fund and CUNY Alliance for Inclusion while Kenneth Marcus was a featured speaker for the DePaul College of Law’s Center for Jewish Law and Judaic Studies.
  • Campus Reform interviewed LDB Chairman Kenneth Marcus about a student newspaper’s “disgraceful” apology for publishing an op-ed condemning anti-Semitism.
  • LDB Scholar-in-Residence Diane Kunz recommended two new readings on anti-Zionism and the reestablishment of the modern state of Israel.
  • LDB intern Davis Allen blogged about new laws from Iowa and Kanas adopting the IHRA Definition – and received two awards for his work on Holocaust and Genocide Studies.
  • LDB hired its first director of communications.
  • Call-for-submissions: law school fellowships for the 2022-23 academic year.
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.

LDB’s Rebuttal Brief in Ben & Jerry’s Case Argues Unilever ‘Conceded’ Key Argument

In a rebuttal brief filed with the U.S. District Court for the District of New Jersey, LDB noted that Defendant Unilever (in its opposition brief) “Effectively concede[s] that the only reason for not renewing [our client American Quality Products and its owner Avi Zinger]’s license is AQP’s refusal to engage in illegal conduct.” LDB argued that Unilever’s insistence that it possesses an “absolute” right to terminate – or refuse renewal – of AQP’s contract disregards abundant legal precedent establishing that refusal to obey unlawful orders is itself an unlawful precondition for termination or non-renewal. LDB’s brief further contends that Unilever declined to refute facts that termination would cause “irreparable harm” to AQP and Zinger.

“Unilever’s unlawful demand that Avi Zinger and AQP discriminate against customers based on their residence isn’t a ‘side show’ – it’s the main show,” declared Brandeis Center President Alyza Lewin. “By insisting Zinger violate Israel and U.S. anti-discrimination and anti-boycott laws and public policy, Unilever violated the Consent Decree and License Agreement it signed and unlawfully attempted to coerce AQP to violate laws both parties agreed to obey.”

Read the rebuttal brief.
Media coverage: Algemeiner, Jerusalem Post, Jewish PressWashington Free Beacon

LDB Urges Georgetown University President to Condemn anti-Semitic Rhetoric

In advance of a speech on campus by notorious anti-Semite Mohammed El-Kurd, LDB urged Georgetown University to promptly and forcefully condemn any anti-Semitic speech, should El-Kurd repeat the hateful rhetoric he used recently on other campuses.. “The University should use its own voice to clearly and unequivocally condemn anti-Semitic speech that runs counter to the University’s values of inclusivity…and that threatens to create a hostile environment for Jewish students on campus.”

Read more about LDB’s letter in The Algemeiner.

LDB Joins Coalition Urging Universities to Withdraw MESA Membership

LDB joined AMCHA Initiative, Academic Engagement Network and Scholars for Peace in the Middle East in urging a dozen U.S. universities to withdraw institutional membership from the Middle East Studies Association (MESA) after the organization endorsed an academic boycott of Israel. Failure to do so, the groups charge, would violate the intent and spirit of the Title VI funding that these universities receive from the U.S. Department of Education.

“University leaders who are committed to the principles of Diversity, Equity, and Inclusion should, as a first step, withdraw from any organization that embraces anti-Semitic or racist principles,” declared Kenneth Marcus, LDB founder and chair. “This includes, at a minimum, organizations that adopt anti-Semitic Boycott, Divestment, and Sanctions movement policies or practices. This would be an important step for any university, but it is doubly important for any institution that accepts federal funds under Title VI.”

Brandeis Center Urges Federal Court to Reverse Decision on Texas anti-Israel Boycott Law

The Brandeis Center, joined by Hadassah, filed an amicus brief in a federal court of appeals, urging the Court to reverse a lower court’s decision that misinterpreted Texas’ anti-Israel boycott law by ruling that it violated a Palestinian contractor’s First Amendment rights. The Brandeis Center’s legal brief argues that Texas’ anti-BDS law targets discriminatory conduct, not speech, and discrimination is not protected by the First Amendment. LDB further points out that the judge failed to recognize longstanding precedent upholding the constitutionality of laws that prevent government employees and contractors from discriminating. As the brief states, “This Israel-exception to the States’ established authority to set conditions for government contracts has no basis in the law.”

Read the amicus brief
JNS coverage

University of Illinois-Chicago Law Partners with LDB to Establish Law Student Chapter

The Brandeis Center has partnered with the UIC Decalogue Society to establish a Brandeis Center law student chapter at the University of Illinois-Chicago Law.

“We are excited to announce that we have created a committee within UIC Law Decalogue as a part of The Louis D. Brandeis Center for Human Rights Under Law,” proclaimed UIC Decalogue Society President Benjamin Blekhman. “We are thrilled to be partnered with such an outstanding organization and are grateful to have the opportunity to work together. As we move forward together, it will be with strong leadership, new ideas, and continued resolve to advocate for our community.”

The Brandeis Center’s network of law student chapters at law schools across the country aims to foster a new generation of lawyers committed to advancing LDB’s work to promote Jewish civil rights and combat anti-Semitism on campus.

Former U.S. Special Envoy to Monitor and Combat Anti-Semitism Cites LDB’s Survey on Campus anti-Semitism

Former U.S. Special Envoy to Monitor and Combat anti-Semitism, Elan Carr, relied on the results of LDB’s groundbreaking survey of openly Jewish college students to demonstrate why the newly confirmed anti-Semitism Envoy should expand her portfolio to focus on combatting the rise in domestic anti-Semitism.

Kenneth Marcus in Newsweek: Subway Shooter ‘Anti-Semitic Worldview’ Similar to Colleyville Attack

Following a horrific shooting attack last month on a New York subway train that injured dozens, LDB Chairman Kenneth L. Marcus wrote about a central issue largely ignored by mainstream media coverage of the incident: the shooting suspect’s anti-Semitic ideology and the culture of hate that fomented it.

As Marcus explained, the suspect was motivated by different forms of anti-Semitism that are increasingly prevalent in today’s society: “erasive anti-Semitism,” which denies the right of Jews to define their own identity, and “secondary anti-Semitism,” which blames Jews for others’ misfortunes.

Speaking Engagements by LDB President and Chair
Brandeis Center President Alyza Lewin and Chairman Kenneth Marcus were featured speakers at several webinars last month.
LDB President Alyza Lewin spoke with Mosaic editor Jonathan Silver on ‘Talking to Your Children About Israel’ as part of the TIKVAH Fund’s Jewish Parents Forum.
Lewin also addressed the CUNY Alliance for Inclusion on the topic of ‘Combating Anti-Semitism on College Campuses

LDB Chairman, Kenneth Marcus, spoke about ‘Defining Anti-Semitism and Why It Matters: An In-Depth Exploration’ at an event hosted by DePaul College of Law’s Center for Jewish Law & Judaic Studies

College newspaper issues ‘disgraceful’ apology for publishing piece condemning anti-Semitism

Kenneth L. Marcus called out the “disgraceful” letter issued by University of Chicago newspaper Chicago Maroon, which apologized for publishing a student op-ed condemning anti-Semitism by SJP. The Maroon later withdrew the op-ed.

Speaking to Campus Reform magazine, Marcus opined about how the incident was reminiscent of the “embarrassing” situation at Rutgers where students “shamed officials into abandoning their moral compasses.” He continued: “One should never apologize for taking a stand against anti-Semitism or racism. What requires an apology is the editors’ decision to apologize for doing the right thing and to undermine those students who continue to do so.”

New and Recommended Reading

LDB scholar in residence, Diane Kunz, suggests two readings for those interested in learning more about anti-Semitism and Israel. An article by David Hirsh and former Brandeis intern Hilary Miller “Durban Antizionism: Its Sources, Its Impact, and Its Relation to Older Anti-Jewish Ideologies,” explores how the 2001 Durban Conference against racism became a platform for anti-Jewish hate and set the stage for today’s anti-Zionism. Kunz’s second recommendation, Israel’s Moment:  International Support for and Opposition to Establishing the Jewish State, 1945-1949 by Jeffrey Herf, provides an account of the creation of the State of Israel and debunks much of the conventional wisdom about Israel’s founding.

LDB Intern Davis Allen Covers IHRA in Iowa and Kansas; Receives Awards for Work in Holocaust and Genocide Studies

In a blog post this month, LDB intern Davis Allen covered Iowa and Kansas laws making them the 23rd and 24th states to adopt the IHRA Working Definition of anti-Semitism. Iowa’s law is significant for how it codifies that the IHRA Definition should be used to assess the motivation behind illegal discriminatory conduct.Allen received two awards this semester for his work on Holocaust and Genocide Studies. The awards recognize his outstanding research and commitment to work in the field. His award-winning work has been featured so far in three conferences this academic year.

Brandeis Center Welcomes First Director of Communications

Reflecting the Brandeis Center’s rapid growth, the organization hired its first director of communications, Scott Piro, earlier this year. With decades of experience in public relations and corporate storytelling, Piro will focus on external communications to amplify LDB’s work and messaging with existing and even broader audiences, including the Brandeis Brief, LDB’s social media accounts and donor relations, and LDB’s website redesign and launch. Piro will also oversee LDB’s undergraduate communications and development internship program.

“I’m overjoyed to join the Brandeis Center,” Piro shared. “Among all the vital activity fighting anti-Semitism by committed organizations, the Brandeis Center stands out for its ‘boots on the ground’ level of positive impact on Jewish college students’ lives. I have been waiting my whole life to share in this kind of impact.”

Apply today for a JIGSAW Fellowship for the 2022-23 academic year

We are currently accepting applications for our JIGSAW law school fellowship program for the 2022-23 academic year. LDB’s JIGSAW – Justice Initiative Guiding Student Activists Worldwide – fellows are a select group of law students, trained by Brandeis Center lawyers, to empower and assist undergraduates in combating anti-Semitism on campus.

Interested candidates should send a cover letter, resume, transcript and writing sample to: info@brandeiscenter.com with the subject heading “JIGSAW Fellow Application.” Find out more on our website.

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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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