Brandeis Brief: September 2022

Brandeis Brief: September 2022

August was another results-packed month for the Brandeis Center. Our complaint against SUNY New Paltz was prominently covered by education, Jewish and mainstream media. CNN interviewed Brandeis Center President Alyza Lewin and our client, a SUNY New Paltz student, for its primetime special, “Rising Hate: Antisemitism in America.” Also in August: LDB urged the SEC to eliminate systemic anti-Israel bias from ESG ratings.

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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.

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Brandeis Center President Alyza D. Lewin Discusses Jewish Identity and the Center’s Title VI complaint against SUNY New Paltz in CNN’s Anti-Semitism Special

“People today…don’t realize that Judaism is not just a religion….Judaism also has this sense of Jewish peoplehood,” explained Brandeis Center President Alyza D. Lewin to Dana Bash on CNN’s ‘Rising Hate: Antisemitism in America’ special. “We’re this ethno-religion…. Jews share a common history, a common ancestry – and that history and that ancestry is completely rooted in the land of Israel.”

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CNN also interviewed SUNY New Paltz student and Brandeis Center client Cassandra Blotner. Just days before the broadcast, the Brandeis Center announced that it had filed a federal complaint with the Education Department’s Office for Civil Rights on behalf of Blotner, another student named Ofek Preis and Jewish on Campus.

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Both students were excluded from a sexual assault awareness group and then cyberbullied, harassed and threatened, over their Jewish and Israeli identities. “SUNY [New Paltz]…is permitting a hostile environment that marginalizes and excludes these Jewish…and Israeli sexual assault survivor students…[and] is also denying Jewish and Israeli survivors of sexual assault on campus equal access to the educational opportunities and services they need, on the basis of their shared ancestry, ethnicity and national origin in violation of Title VI,” wrote the Brandeis Center in the complaint.

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“These women were shunned and isolated by the very people to whom they had turned to for support as sexual assault survivors, and they were excluded merely because they expressed pride in the Jewish people’s ethnic and ancestral connection to Israel,” stated Brandeis Center Director of Legal Initiatives Denise Katz-Prober.

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Watch Brandeis Center President Alyza D. Lewin
in CNN’s ‘Antisemitism in America’ special.
Brandeis Center Urges SEC to Act on Anti-Israel Bias in ESG Financial Ratings

The Brandeis Center, Jewish Federations of North America and the American Jewish Committee each urged the Securities and Exchange Commission to take action on anti-Israel bias in financial ratings.

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Financial ratings firms that provide specialized ratings based on environmental, social and governance (ESG) factors have been found to incorporate biased methodologies and sources that systematically produce worse ratings for Israeli companies and companies doing business related to Israel, potentially without full knowledge of the investors who rely on those ratings.

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Brandeis Center Vice Chair and General Counsel L. Rachel Lerman has written extensively about anti-Israel bias documented in an ESG ratings product owned by Financial Services firm Morningstar.

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“The new rulemaking will require transparency across the board, and we are asking the SEC specifically to require ESG-related funds that focus on the social aspect of ESG to tell investors how they derive ratings for such companies, how they check for and eliminate anti-Israel bias in their sources, and whether they include anti-Semitism on their human rights radar,” declared Lerman, regarding the Brandeis Center’s joint effort to urge the SEC to remove this bias from all ESG systems, not only Morningstar’s.

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Brandeis Center Chairman Kenneth L. Marcus Criticizes BDS at Berkeley Law

Brandeis Center Chairman Kenneth L. Marcus criticized a pro-BDS bylaw adopted by a handful of student groups at Berkeley Law – in an article by J Weekly.

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The bylaw, written by Berkeley Law Students for Justice in Palestine, calls upon other student groups not to invite “speakers that have expressed and continued to hold views … in support of Zionism, the apartheid state of Israel, and the occupation of Palestine.”

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The students in this case, “are taking a step down a very ugly road,” stated Marcus. “Berkeley Law wouldn’t be Berkeley Law if students didn’t engage in a certain amount of wrongheaded political nonsense. This is different, because it’s not just a political stunt. It is tinged with anti-Semitism and anti-Israel national origin discrimination.”

Brandeis Center Director of Legal Initiatives Denise Katz-Prober Discusses OCR’s Decision to Open Investigation of Brandeis Center Complaint Against USC

Last month’s USC announcement – the fourth, concurrent U.S. investigation into campus anti-Semitism based on a Brandeis Center-filed complaint – dominated academic, Jewish and mainstream news. The USC complaint details anti-Semitic harassment and discrimination against Brandeis Center client Rose Ritch, who was effectively pushed out of her position as student government vice-president in 2020 due to her Jewish Zionist identity.

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News sources continue reaching out to Brandeis Center Director of Legal Initiatives Denise Katz-Prober for insights and context about the case.

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“We hope that universities will take note of this case, and we think that they are starting to get the message,” stated Brandeis Center Director of Legal Initiatives, Denise Katz-Prober to JewishPress.com.

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“USC’s failure to acknowledge or respond to the form of discrimination that Rose Ritch experienced is, unfortunately, not uncommon,” Katz-Prober told Campus Reform. “When Jewish students, like Rose Ritch, are targeted for marginalization and exclusion from campus activities merely because they express pride in or support for the existence of a Jewish state in the Jewish people’s ancient homeland, that is a form of unlawful discrimination, not a political debate.”

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Charlotte TV Station Interviews Brandeis Center Chairman Kenneth L. Marcus About Supreme Court Affirmative Action Case

LDB Chairman Kenneth L. Marcus shared his insights about the historical context and significance of a Supreme Court case involving discriminatory admissions policies at Harvard and University of North Carolina.

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“Universities first adopted the diversity framework, not because they wanted to have more Black or Hispanic students, but because they wanted to have fewer Jewish students,” Marcus explained. “Much of the way that universities continue to look at diversity is based on some of these building blocks that are actually very dubious in their historical background. Even if the current admissions officers have different ideas in mind, it probably shouldn’t be shocking that some of these diversity elements that were initially developed for exclusionary reasons are not quite as perfect as the higher education administrators would like us to believe.”

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Earlier this year, the Brandeis Center and the Silicon Valley Chinese Association Foundation (SVCAF) filed a joint amicus brief in support of Students for Fair Admissions’(SFFA) petition for certiorari, in which the parties argued that Harvard’s admissions plan was developed with the intent of limiting enrollment of Jewish undergraduate students and that it has had the continuing effect of excluding Asian Americans today.

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Watch Brandeis Center Chairman Kenneth L. Marcus discuss Supreme Court affirmative action case on Charlotte TV station

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Marcus Published in Latest Issue of Journal of Contemporary Antisemitism

The Journal of Contemporary Antisemitism published a book review by Chairman Marcus in its spring edition.

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Marcus’s article is a book review of ‘Key Concepts in the Study of Antisemitism’ – a collection of 21 essays that serves as a handbook to educate college instructors on the nature of anti-Semitism.

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Marcus’s review highlights the increasing divide in anti-Semitism studies. The book’s editors argue that anti-Semitism must be studied within the broader context of different manifestations of evil. Marcus argues anti-Semitism is a unique phenomenon, rather than a manifestation of other evils.

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Former Brandeis Center intern Hilary Miller co-published an article in the same edition with David Hirsh, titled ‘Durban Antizionism: Its Sources, Its Impact, and Its Relation to Older Anti-Jewish Ideologies.’ Editor-in-chief and law school professor Lesley Klaff serves on the Brandeis Center’s academic advisory board.

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Recent Podcasts with President Lewin

Brandeis Center President Alyza D. Lewin was interviewed by Jason Greenblatt for his ‘The Diplomat’ podcast at Newsweek and by Hen Mazzig for his ‘Fresh Look’ podcast at the Israel on Campus Coalition.
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Lewin discussed two historic cases she worked on, the Jerusalem passport case and the Brandeis Center’s lawsuit that defeated Ben & Jerry’s anti-Israel boycott. She also discussed Jewish identity and how the Brandeis Center uses civil rights laws to protect American Jews from discrimination.
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At the ICC National Leadership Summit in August, Lewin explained why it is vital for Jewish college students to understand the protections afforded to them under Title VI of the Civil Rights Act.
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Students Create New Brandeis Center student chapter at NYU School of Law

Coming on the heels of several anti-Semitic incidents at NYU, students at NYU School of Law have started the latest Brandeis Center student chapter, Law Students Against Anti-Semitism – NYU Law Chapter of the Brandeis Center. The chapter will provide opportunities for students to educate and engage with the university community about civil rights protections for Jewish and Israeli students and using the law to fight anti-Semitism.

Don’t Miss Chairman Marcus’s and President Lewin’s Next Public Events

Chairman Kenneth L. Marcus will moderate a panel discussion on Title IX of the Civil Rights Act of 1964 at the inaugural Education Law & Policy Conference, hosted by Defense of Freedom Institute for Policy Studies and The Federalist Society for Law and Public Policy Studies. Former U.S. Attorney General William Barr and former Education Secretary Betsy DeVos will serve as the event’s keynote speakers.

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The Education Law & Policy Conference will examine the federal legal and policy issues surrounding American education. The conference will take place on Tuesday, September 20, 2022, at the Marriott Marquis in Washington, D.C. and will feature a welcome session, plenary panels, breakout sessions, lunch, and a closing speech followed by a reception. Registration is open to the public. Attendees for the in-person event have the option of obtaining CLE credit with their ticket purchase.

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Brandeis Center President Alyza D. Lewin is the featured speaker for Hadassah New York’s webinar ‘Is anti-Zionism anti-Semitism? on September 15.

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Gone But Not Forgotten — Fresh Blog Posts from the Brandeis Center’s Summer Interns

The Brandeis Center’s summer interns may have finished their term, but their hard work continues to inform our supporters.

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Josh Feinstein (UMD, May ‘23) penned a blog about President Lewin’s testimony for the New York City Council Committee on Higher Education about campus anti-Semitism. SUNY New Paltz student and Brandeis Center client Ofek Preis, and former NYU student Adela Cojab also provided powerful testimony at the hearing about their experiences with anti-Semitism on campus. And Rosemarie Goldstein (Wellesley College, May ‘24) detailed Chairman Marcus’s latest contribution to the Journal of Contemporary Antisemitism.

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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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