March 2024 Brandeis Brief

This month, the Brandeis Center and ADL filed a federal antidiscrimination complaint with the U.S. Education Department’s Office for Civil Rights against the Berkeley Unified School District, over its failure to address rampant anti-Semitic bullying and harassment of Jewish students after October 7 at schools throughout the District. In partnership with the ADL and law firms Covington & Burling LLP; Akin; Dechert LLP; and Davis Polk, LDB also launched a legal helpline for parents whose children are experiencing anti-Semitism in K-12 public schools in California. And we unveiled a new website!


LDB + ADL File Federal Complaint Against Berkeley Unified School District for ‘Severe and Persistent’ Anti-Semitic Bullying

The Brandeis Center and Anti-Defamation League filed a complaint with the U.S. Dept. of Education Office for Civil Rights against the Berkeley Unified School District (BUSD) for failing to take action to end pervasive bullying and harassment of Jewish students by peers and teachers since October 7 at numerous schools across the District.

Berkeley administrators have ignored parent reports and knowingly allowed its K-12 schools to become hostile environments for Jewish and Israeli students. Parents have repeatedly reported anti-Semitic incidents to the administration, but BUSD has done nothing to address, much less curtail, the hostile environment that has plagued BUSD for more than four months.

“The eruption of anti-Semitism in Berkeley’s elementary and high schools is like nothing I’ve ever seen before,” said LDB Chairman Kenneth L. Marcus. “It is dangerous enough to see faculty fanning the flames of anti-Semitism on college campuses, but to see teachers inciting hate in the youngest of grades while Berkeley administrators sit idly by as it continues to escalate by the day is reprehensible. Where is the accountability? Where are the people who are supposed to protect and educate students?”

LDB, ADL and other Jewish organizations, recently filed a lawsuit to stop anti-Semitic content from being taught in Santa Ana, California public schools.

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KPIX-TV (CBS, Bay Area): Berkeley Unified targeted with federal complaint over antisemitic harassment of Jewish students


Brandeis Center, ADL, StandWithUs and Law Firms Launch Second Legal Protection Helpline – for K-12 Anti-Semitism in California

In partnership with the ADL, StandWithUs, and law firms Covington & Burling LLP; Akin; Dechert LLP; and Davis Polk, LDB launched a legal helpline for parents whose children are experiencing anti-Semitism in K-12 public schools in California.

The K-12 helpline, which will gather data about incidents of anti-Semitism in K-12 schools in California, is a separate initiative from the Campus Antisemitism Legal Line (CALL), which primarily serves college students and was launched by LDB, ADL, Hillel International and Gibson, Dunn & Crutcher in response to the surge of anti-Semitism that erupted on campuses across the country in the aftermath of October 7 Hamas attacks.

“Frankly, school principals and administrators should themselves be cracking down on the surge in anti-Jewish bullying we are witnessing.  That is what the law requires,” stated Brandeis Center Chairman Kenneth L. Marcus. “However, far too many are failing in their legal responsibilities and choosing to sweep escalating anti-Semitism under the rug.  Our legal team stands ready to step into this gap and demand the protections Jewish students are guaranteed under the law.”


Alyza Lewin Profiled on ‘Nice Jewish Girls’ Podcast

Brandeis Center President Alyza D. Lewin was the focus of an episode of the ‘Nice Jewish Girls’ podcast, where she discussed “The Case Against Antisemitism.”
 
Lewin discussed her work leading the litigation team that represented the Israeli licensee of Ben & Jerry’s ice cream, in the successful lawsuit filed against Unilever to prevent Ben & Jerry’s unlawful boycott of Israel. She also discussed her achievement arguing the “Jerusalem Passport” case before the U.S. Supreme Court, which paved the way for President Trump’s recognition of Jerusalem as the capital of Israel and recognition of Israel’s sovereignty over the Golan Heights.

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Alyza Lewin: The Case Against Antisemitism


Brandeis Center Launches New Website

The Brandeis Center unveiled its new website in February. LDB’s new website puts its groundbreaking casework and resources at your fingertips. Visitors to the new website are invited to explore the Brandeis Center’s work, which rests on the “four pillars” represented in our recently redesigned courthouse logo: advocacy, education, leadership and research .
 
Some highlights of our new website include: our Case Materials directory, which allows members of the public to search for legal filings and other documents related to our casework; an “Our Cases” page featuring key materials and information about prominent Brandeis Center cases; and a “Resource library” to help users find materials related to our work combating campus and workplace anti-Semitism – including our white papers, legal letters, webinars, surveys, and academic articles.
 
Thank you for making us your destination to stay up-to-date about combating anti-Semitism on and off American campuses.


LDB Joins Joint Statement by Coalition Working with Morningstar to Eliminate Anti-Israel Bias

The Brandeis Center and a coalition of Jewish American organizations issued a statement responding to an independent experts’ report of recommended actions to remove anti-Israel bias from financial services company Morningstar’s ESG (Environmental, Social, and Governance) subsidiary.

The coalition – which includes The Jewish Federations of North America, Anti-Defamation League, American Jewish Committee, JLens, the Foundation for Defense of Democracies and LDB – has been working for over two years to achieve this goal. The joint statement commends Morningstar for its stated commitment to implementing these recommendations by the end of 2024. Morningstar has already commissioned a follow-up report by the same experts to evaluate its progress.

Stated LDB Chairman Kenneth L. Marcus: “We commend Morningstar for engaging with us, examining their ESG product, and committing to make the changes necessary to ensure that their rating system is apolitical, objective, and honest. We believe that implementing the experts’ report is critical to achieving this goal.”

LDB General Counsel L. Rachel Lerman told JNS she is “cautiously optimistic” that Morningstar will adopt the recommendations: “If they do, and we can convince other companies to do the same, I think there’s hope.”


The Brandeis Center Welcomes New Staff

As the demand for LDB’s services and legal expertise increases, we are pleased to welcome several new staff members to our rapidly expanding legal team, including Education Counsel Marci Lerner Miller, New York Senior Counsel David M. Dince, and Senior Counsel Robin N. Pick.
 
“The alarming and hateful environment affecting Jewish students, faculty and staff on campuses across the country – plus recognition of the Brandeis Center’s legal successes – has led to 10 times the volume of legal inquiries we experienced before October 7,” said Brandeis Center Chairman Kenneth L. Marcus. “Adding Robin, David, Marci, and other new lawyers to our staff helps the Brandeis Center further deliver on its mission – to advance the civil and human rights of the Jewish people and promote justice for all.”
 
The Brandeis Center will continue to hire legal staff throughout 2024. Attorneys with an interest in using their legal skills and experience to combat anti-Semitism on campus and the workplace are encouraged to visit the job opportunities section of LDB’s new website – and subscribe to the organization’s mailing list. LDB continues to accept applications for civil rights legal fellows and law student clerkships.


New LDB Fact Sheet on Holocaust Denial

The Brandeis Center published an important new resource to combat rising anti-Semitism: a fact sheet on Holocaust denial.
 
LDB’s latest fact sheet defines Holocaust denial; provides a brief overview of its history; explains why it is anti-Semitic; explains who Holocaust deniers are and the common arguments they use; and discusses Holocaust education.
 
“Holocaust denial requires that the denier believe and perpetuate the notion that Jews are capable of a hoax so massive that Jews are capable of misleading the entire world … It is built on many of the age-old defamations of the Jewish people,” said Brandeis Center Founder and Chairman Kenneth L. Marcus.

To learn more about Holocaust denial, access our new fact sheet here.


Julie Strauss Levin Joins Brandeis Center Legal Advisory Board

The Brandeis Center added additional legal might to its already-impressive Legal Advisory BoardJulie Strauss Levin, a legal and business expert in the for-profit and nonprofit spaces.
 
Ms. Levin was appointed by President Trump to sit on two Presidential Commissions and by VA Gov. Glenn Youngkin to sit on his Commission to Combat Antisemitism. She also serves on the Virginia Israel Advisory Board, the Advisory Board of the Gross Family Center for the Study of Antisemitism and the Holocaust, the Board of Directors for Our Community Salutes, and the lay Advisory Council of the Coalition for Jewish Values. Levin’s experience includes tenure as Senior Counsel at America First Legal Foundation, Principal of IGMP, LLC, General Counsel at Freedom Partners Chamber of Commerce, and Deputy General Counsel at Feld Entertainment.
 
“We are extremely pleased about Julie joining our legal advisory board, given her legal savvy and sound judgment,” said Brandeis Center Chairman Kenneth L. Marcus. “As our work becomes increasingly complex, her expertise is an invaluable asset to us.”


LDB Law School Chapter Launches at Georgetown University Law Center

On February 12, The Louis D. Brandeis Center for Human Rights Under Law at Georgetown University Law Center was formally recognized as a student organization.

LDB’s newest law student chapter was formed by a group of students dedicated to combatting anti-Semitism on campus at Georgetown Law and in the larger DC community.

The Georgetown chapter has already hosted vigils, educational sessions, and community building events, including events with notable speakers such as Matthew Levitt, Robert Garson, Alyza D. Lewin, and Cliff Rieders.

The Brandeis Center is excited to expand their partnership with students at Georgetown Law Center and to provide the students with access to a wide network of experts, legal guidance, educational materials, and advocacy opportunities.


LDB Events at NYU Law School + Brooklyn Law School

Brandeis Center New York Senior Counsel David M. Dince and Staff Attorney Deena Margolies attended back-to-back events on February 28 at schools with LDB law school chapters.

The NYU Law School LDB chapter Law Students Against Antisemitism hosted a “Coffee Chat” on campus. Margolies spoke to students at this event and answered questions about Title VI of the Civil Rights Act on campuses, post-October 7.

At Brooklyn Law School, Dince and Margolies joined a panel titled “A Night of Education and Remembrance: A Conversation with Holocaust Survivor Sammi Steigman.” The event was co-hosted by the Jewish Law Student Association and Students Against Antisemitism. Members from Brooklyn Law School LDB chapter Brooklyn Law Students Against Antisemitism were in attendance.


LDB Book Review: ‘Judging Jewish Identity in the United States’

Check out Brandeis Center Law Clerk Hannah Fischman’s review of the newly released book, Judging Jewish Identity in the United States, by Annalise E. Glauz-Todrank.
 
The book devotes ample space to the landmark 1987 case of Shaare Tefila v. Cobb, which established that members of ethno-religious groups , such as Jews and Sikhs, could avail themselves of civil rights protections that were established in Nineteenth Century civil rights legislation to protect against race discrimination but not religious discrimination.
 
As Fischman writes, “Shaare Tefila paved the road to the passage of the 2004 policy known as the Marcus Doctrine (after LDB Chairman Kenneth L. Marcus), under Title VI of the Civil Rights Act, which announced that discrimination on the basis of ancestral or ethnic characteristics is no less permissible against groups that also have religious attributes than against those that do not.”