Casebook Review: Antisemitism and the Law

Overview

As anti-Semitism resurges with alarming intensity, Professor Robert Katz’s Antisemitism and the Law is a timely and essential contribution. This groundbreaking casebook serves as a powerful legal history and clear call to action: it equips students, lawyers, scholars, and advocates with the knowledge and tools to recognize and challenge anti-Semitism in its many forms.

Katz provides a sweeping exploration of how Jews have been both targeted and protected by legal systems throughout history. Spanning thousands of years, from Roman imperial decrees and medieval canon law to Nazi race laws and modern civil rights statutes, Antisemitism and the Law explores law as a paradox of anti-Semitic repression and means of Jewish representation and advocacy. Throughout, Katz conceives the Holocaust as what he calls “the brooding omnipresence in the sky,” an ever-present reminder of what is at stake when legal systems are abused.

Components

Organized into five parts, Antisemitism and the Law offers a carefully curated set of primary cases, scholarly commentary, and legal annotations:

Part One delves into how anti-discrimination law has historically overlooked or ambiguously categorizes Jews, variously treating them as non-white, white, or “off-white.” It explores important questions about how legal systems define race, ethnicity, and identity, and what those definitions mean for Jewish inclusion and protection under the law. Part One features an essay by the Brandeis Center’s Founder, Chairman, and CEO, Kenneth Marcus, exploring the theme of how Jewish identity has been framed and contested in racial terms.

Part Two examines Jewish identity through a range of legal perspectives, from Jewish law and Israeli legislation to the definitions imposed by anti-Semitic regimes. It considers how both Jewish communities and their adversaries have sought to define who is considered a Jew, and why those definitions carry significant legal and political consequences.

Part Three traces the evolution of anti-Semitic speech, from historical accusations to modern issues. Katz skillfully connects these forms, linking classical rhetoric to today’s digital challenges.

Part Four focuses on hate crimes and the rise of anti-Semitism on college campuses. It explores how anti-Semitism is playing out in educational settings and examines the legal mechanisms, such as Title VI of the Civil Right Act of 1964, that can be used to confront and combat it. The Brandeis Center uses many of the tools discussed by Katz to fight anti-Semitism and protect the civil rights of Jewish students and communities nationwide. Part Four includes additional essays by Kenneth Marcus examining key legal battles and advocacy efforts on behalf of Jewish communities, as well as a contribution by Alyza D. Lewin, President of the Brandeis Center, addressing the legal implications of anti-Zionist harassment.

Part Four of the casebook includes letters from university leadership at both the University of Vermont and UC Berkeley addressing campus anti-Semitism. The Brandeis Center played a key role in both cases: filing a Title VI complaint that led to a federal investigation at the University of Vermont, and currently litigating a suit against UC Berkeley for failing to address a longstanding hostile environment for Jewish students in violation of federal law.

Part Five spotlights allies in the fight against anti-Semitism. These figures demonstrate the potential for moral courage, guided by principles of democracy and religious integrity, to confront injustice and reshape law and culture.

Why It Matters Now

Legal education has long lacked a comprehensive, focused treatment of anti-Semitism. Katz’s casebook fills that void with both scholarly depth and moral urgency. It blends rigorous legal analysis with historical context, offering an invaluable resource for confronting contemporary forms of anti-Semitism, whether religious, racial, or political.

Since its founding in 2011, the Brandeis Center has argued that combating anti-Semitism requires a nuanced understanding of how it operates in legal, institutional, and cultural frameworks. Antisemitism and the Law provides that foundation. It offers legal professionals, educators, and students a shared language, key precedents, and an informed perspective for more effective advocacy. This is more than just a teaching tool: it’s a blueprint for action.

July 17, 2025