The Brandeis Center hosted legal scholars, attorneys, and law student leaders together at the Beren Law Student Leadership Conference August 15-16, 2023. The conference explored the key civil and human rights issues impacting Jewish Americans today on college and university campuses and in workplaces. 

The conference honored the late Robert M. Beren, whose generous support made the conference possible and free for all law students. Robert passed away on August 8, and his son, Adam Beren, virtually met with conference attendees to honor his father’s memory. Robert was a staunch advocate for the Jewish community, and Adam spoke to how his father inspired him and the rest of his family to continue his legacy. In relation to the conference, Adam shared that his father “would be so proud of this group you’ve gathered here.”

“They’re ready to take the mantle. I know that was important to my father, to be able to pass on the legacy and traditions and importance that he placed on Judaism,” Adam said.

The law students in attendance represented 14 schools, including Columbia, NYU, Georgetown, George Washington, Cardozo, and others. Through a series of lectures, panels, and networking events, students engaged with prominent Jewish civil rights advocates and legal professionals about civil rights issues facing the Jewish community. Panelists discussed the definition of anti-Semitism, the presentation of contemporary anti-Semitism, and the legal strategies available to effectively counteract and combat anti-Semitism. Students left the conference with bolstered knowledge of how to use their legal education to fight against anti-Semitism and protect the rights of the Jewish community.

The conference opened with an introduction from Brandeis Center Chairman Kenneth L. Marcus, who discussed that he has seen an increase in anti-Semitism over the course of his government career, which inspired him to found the Brandeis Center and fight to protect Jewish students against anti-Semitism through his work in the Department of Education. Next, LDB President Alyza D. Lewin shared her experience as a legal advocate for Jewish civil rights.

“There are Jews today that are being targeted, not on the basis of their religious practice, but on the basis of our identity as a people, our history, our heritage, and the Jewish people’s deep historic, ancestral, and ethnic connection to the land of Israel,” Lewin declared.

Marcus, Professor Avi Bell of San Diego State University and Bar Ilan University, and Anna Lelonek, a law student and Brandeis Center chapter leader at Cardozo School of Law, then discussed the goals and impact of the LDB chapter initiative on law school campuses. Launched in 2014, LDB law student chapters offer educational programming about legal issues relating to Jewish civil rights. The panelists discussed how these chapters fill an important gap in American legal education, and how the Brandeis Center works with student chapters to provide opportunities and resources for Jewish civil rights advocacy on campus. 

In the next panel, Nathan Lewin, a partner at Lewin & Lewin LLP, and Professor Michael Avi Helfand, a Brenden Mann Foundation Chair in Law and.Religion at Pepperdine Caruso School of Law and Visiting Professor at Yale Law School, discussed how to use the law to protect religious liberty. Lewin has argued 28 cases in front of the Supreme Court, several of them involving religious liberty for Jewish people. He and Helfand discussed the legal protections for freedom of religious practice, and the scope of the Free Exercise Clause and Establishment Clause in cases involving Jewish rights. They also stressed that there are different avenues to fight for Jewish civil rights — both the judicial and legislative spheres.

“The way law works is you have more than one track. What you can’t necessarily accomplish in court, sometimes what happens in the court allows you to then push legislative initiatives and vice versa,” Helfand said.

Brandeis Center General Counsel L. Rachel Lerman, Potomac Law Group Partner Marci Lerner Miller, and LDB Staff Attorney Deena Margolies then discussed the anti-Semitic implementation of the ethnic studies curriculum in California schools. Although the curriculum is intended to teach students about underrepresented groups who may otherwise not be portrayed in existing courses, Lerman and Miller stressed that individual school districts have eschewed the original mission of the curriculum by illegally including anti-Semitic content and sources.

“The school has rules. The school district itself has rules about controversial topics: they need to be fact-based, they need to show both sides, and they need to not be biased against anyone in particular. But the rules are not being followed any more than the law is being followed,” Lerman stated.

The following day, B’nai B’rith International Director of Legislative Affairs, Rabbi Eric Fusfield, National Jewish Advocacy Center CEO and Director, Rabbi Dr. Mark Goldfeder, and StandWithUs Center for Combating Antisemitism Director Carly Gammill spoke on a panel about how to understand and define anti-Semitism. Panelists emphasized the importance of defining anti-Semitism in countering widespread lack of awareness. Panelists referenced the recently released U.S. National Strategy to Counter Antisemitism, which endorsed the IHRA Definition of anti-Semitism, but also wrote that it “welcomes and appreciates the Nexus Document and notes other such efforts.” Panelists expressed unequivocal and exclusive support for the IHRA Definition.

“The responsibility to combat anti-Semitism falls on all of us, and one of the most indispensable tools in this challenge is a commonly-accepted definition such as the IHRA Working Definition, which spotlights anti-Semitism in all of its manifestations, and allows us to call out the problem whenever it occurs,” said Fusfield.

Professor Bell and LDB Senior Counsel Arthur Traldi then spoke about how to understand and interpret international law as it relates to the Palestine/Israel conflict. Traldi gave an overview of international law, and Bell spoke about how common public misconceptions about international law can create dangerous narratives surrounding Israel’s perceived war crimes and human rights violations. 

Hillel International Vice President Mark Rotenberg then delivered a presentation on the First Amendment and Principles of Academic Freedom. He delved into the historical evolution of academic freedom, tracing its origins from the medieval period to its adaptation in American higher education. He highlighted contemporary challenges that students, teachers, and universities face when navigating academic freedom and the right to free speech, particularly when cases of anti-Semitism arise. Rotenberg pointed to real-life examples from higher education, asking attendees to offer solutions that respect academic freedom and the right to free speech.

A panel consisting of LDB Director of Corporate Initiatives and Senior Counsel Rory Lancman, Duane Morris LLP Partner Jonathan Segal, K&L Gates Partner and former director of the Office of Federal Contract Compliance Programs Craig Leen, and Marci Lerner-Miller engaged in a discussion on workplace anti-Semitism. They said that anti-Semitism in the workplace is on the rise, and they highlighted the routine denial of accommodations to Jewish employees. Another significant challenge discussed was the often-limited understanding of Jewish identity by Diversity, Equity, and Inclusion (DEI) offices. Amidst these concerns, the panel provided practical insights, including ways to constructively critique employee practices and effectively advocate for the rights of Jewish employees.

On the evening of August 16, ADL Senior Director, National Litigation Pasch, GS2Law Chairman and American Association of Jewish Lawyers and Jurists President Rob Garson, Gibson Dunn Partner Akiva Shapiro, and Virginia Attorney General Anti-Semitism Task Force Member Joel Taubman presented on making fighting anti-Semitism part of your practice. Pasch shared that “whether you’re in a Jewish agency, small firm, or a large firm, there are avenues for you to make fighting anti-Semitism part of your practice.” Garson suggested that one way to combat anti-Semitism in the workplace is to remain connected to your Jewish identity despite pressures to conform, saying “don’t compromise your own principles for your job.”

The keynote speaker, Former U.S. Attorney General Michael Mukasey, spoke on how the perpetuation of left-wing anti-Semitism on college campuses is creating a hostile environment for Jewish students. Mukasey also spoke about how some individuals and organizations who fund the rise of left-wing anti-Semitism are oftentimes directly connected to terrorist organizations. However, despite the dire circumstances, he concluded his speech with hope that the next generation of law students will be able to continue the fight against rising anti-Semitism.

“The skills that you bring to bear and will bring to bear as lawyers — analyzing facts, making critical distinctions, and drawing reasonable conclusions — are going to be critical to giving Jewish students the tools they need to beat back the strain of anti-Semitism that currently infects U.S. college campuses.” The following day, LDB hosted training for its JIGSAW Fellows for the upcoming year. The JIGSAW Initiative trains law students to work with and advise undergraduates in combating anti-Semitism on campus.

Author: Arielle Feuerstein