The U.S. Dept. of Education Office for Civil Rights (OCR) opened an investigation into campus anti-Semitism at Chapman University in response to a Brandeis Center complaint. LDB Chairman Kenneth L. Marcus testified again before a high-profile Congressional committee about surging campus anti-Semitism. The City University of New York entered into a resolution agreement with OCR to resolve nine discrimination complaints – including the Brandeis Center’s case against Brooklyn College.

LDB Complaint Leads to Another Federal Anti-Semitism Investigation: Chapman University

OCR opened an investigation into an LDB-filed complaint alleging that Chapman University violated Title VI of the Civil Rights Act of 1964 by failing to take action against anti-Semitic harassment and exclusion of Jewish students. Chapman Students for Justice in Palestine (CSJP) excluded a Jewish student from the group because of his shared Jewish ancestry. A member of CSJP made death threats against another Jewish student. The University failed to address the anti-Semitic conduct.

LDB Chairman Kenneth L. Marcus observed that Chapman’s leadership, like that of administrations in many other universities across the country, is “refusing to do what’s needed to address these civil rights violations.” “It is imperative that federal officials enforce the law,” stated Marcus. “It is about time that the federal government is finally investigating Students for Justice in Palestine’s discriminatory activities.”

Kenneth L. Marcus Testifies Before U.S. House Ways & Means Committee about ‘Perfect Storm’ Threatening the Safety of Jewish Students

Brandeis Center Chairman Kenneth L. Marcuswas among a select group of experts invited to testify before the U.S. House Ways & Means Committee hearing “Crisis on Campus: Antisemitism, Radical Faculty, and the Failure of University Leadership.”

In his opening statement, Marcus declared: “Over the last 20 years, I have been fighting anti-Semitism on college campuses, but never seen anything like what we have experienced since October 7. Over the time since…this Committee held its last hearing…we are seeing a kind of perfect storm of student violent extremism, professorial politicalization, undisclosed foreign funding, and often feckless and weak administration.”

Ahead of his powerful testimony, Marcus appeared on MSNBC’s “Morning Joe” to preview the campus anti-Semitism issues necessitating the hearing: “What I want to tell Congress today is that what we are facing today is a crisis,” asserted Marcus. “This is a…wake-up call – not just for the Jewish community, but for all Americans – that what we’re seeing is the fundamental change in our higher education culture. This is going to affect us all, and we’re all going to need to deal with it.”

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Full Hearing Recording – Cued to Brandeis Center Chairman Kenneth L. Marcus’s Opening Statement

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Kenneth Marcus on MSNBC’s ‘Morning Joe’ Ahead of House Ways & Means Hearing on Campus Antisemitism

CUNY Resolution Agreement Impacts LDB’s Brooklyn College Case; Alyza D. Lewin: ‘The Devil Will Be in the Details’

The City University of New York (CUNY) entered into a resolution agreement with OCR to resolve nine discrimination complaints – including the Brandeis Center’s case against Brooklyn College. Other CUNY schools impacted in the agreement include Baruch College, CUNY Law School, Hunter College, and Queens College.

In 2020, Jewish students in Brooklyn College’s Graduate Program for Mental Health Counseling complained of “severe and persistent harassment” by their professors and peers based on their Jewish ethnic identity – bullied as “white and privileged” (notwithstanding their actual skin color) and “contributing to systemic oppression of people of color.” Faculty and administrators bullied Jews who complained, telling them: “Get your whiteness in check,” and “Keep your head down.”

“The CUNY agreement is a step in the right direction as it recognizes that CUNY failed to adequately address the problem and sets up federal monitoring and oversight,” stated LDB President Alyza D. Lewin. “It is a far cry, however, from an ‘all clear’ for CUNY. The devil will be in the details. We are eager to see what specific steps CUNY will take to actively address the anti-Semitism that has run rampant on their campuses for far too long.”

Continuing Coverage of OCR Resolution Agreement with North Carolina K-12 School Based on LDB-Filed Complaint

The resolution agreement between the federal government and a North Carolina public school continues generating media coverage. According to the settlement, the Community School of Davidson permitted a non-Jewish student to be bullied viciously for two years by peers who perceived him as Jewish.

The settlement requires the school to take concrete steps to address the systemic anti-Semitism it allowed to fester in its community – including publicizing a statement that it does not tolerate “acts of harassment based on a student’s actual or perceived race, color, or national origin including shared ancestry or ethnic characteristics (e.g. antisemitism),” and conducting annual trainings of school staff and administrators on anti-discrimination law under Title VI, which prohibits discrimination on the basis of actual or perceived shared ancestry and ethnic characteristics.

“The really cruel impact that anti-Semitism can have – especially on children…has not been adequately addressed,” noted LDB Director of Legal Initiatives Denise Katz-Prober. The student “was subjected to degrading and vile anti-Semitic comments, sometimes daily and multiple times a day. The school [was] not recognizing the depth of the problem and the systemic nature of the problem.”

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Cenise Katz-Prober Explains K-12 Resolution Agreement with U.S. Ed. Dept. (Queen City News, NC)

LDB Congratulates Brooklyn Parents for Persuading NYC Schools Chancellor to Remove Community Ed Council Chair

The Brandeis Center congratulates the Brooklyn parents who persuaded NYC Schools Chancellor David C. Banks to remove a local community education council chair over anti-Semitic messages and events. LDB Director of Corporate Initiatives and Senior Counsel Rory Lancman provided critical support and assistance.

Last November, concerned Brooklyn parents sought LDB’s help communicating to Chancellor Banks and the office of Family and Community Engagement the urgent need for action – a Community Education Council President (CEC) had begun using her position to promote anti-Semitic messages and events, including student walkouts and removal of pro-Israel parents from CEC meetings. Chancellor Banks took the unprecedented step of removing the CEC 14 president in June 2024.

The Brandeis Center is grateful for the opportunity to play a role in advancing the civil and human rights of the Jewish people and promoting justice for all. Congratulations to the dedicated parents and their students who benefit from a less discriminatory education environment.

Marci Lerner Miller Explains How K-12 Anti-Semitism Leads to Anti-Semitism on Higher Ed Campuses

In an Algemeiner story on the Portland Association of Teachers indoctrinating children with anti-Zionist propaganda, Brandeis Center Director of Legal Investigations Marci Lerner Miller explained the foundational impact K-12 anti-Semitism has on creating the climate of Jew-hate now sweeping America’s college campuses:

“Many students arrive at their first day of college already having been taught to hate Israel and Jews,” stated Miller. “Addressing K-12 anti-Semitism helps us get to the root of the problem in many cases. The Office for Civil Rights has taken an interest in investigating it, and Congress recently called the superintendent of the [LDB K-12 case] Berkeley Unified School District (BUSD) to testify about what is happening there.”

The Algemeiner article notes that the Brandeis Center has “taken the lead in fighting anti-Semitism at the K-12 level.” In addition to discussing the Brandeis Center’s BUSD case, the article also covers the recent resolution agreement in the Brandeis Center’s Davidson case.

Kenneth L. Marcus Discusses Campus Anti-Semitism in New Podcast Interview

Brandeis Center Chairman Kenneth L. Marcus sat with former Jewish Council for Public Affairs CEO and the founder of the Jewish Institute for Liberal Values, David Bernstein, for an extended interview on free speech, diversity, and anti-Semitism on campus.

Marcus shares specific examples of harassment from LDB cases against UC Berkeley, Stanford, and Brooklyn College, the inadequacies of incremental reforms, and the legal actions the Brandeis Center is pursuing to protect Jewish civil and human rights. They discuss the tension between free speech and equal protection, the impact of DEI (Diversity, Equity, and Inclusion) initiatives, and the broader ideological trends fueling campus hostility.

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Sapir Journal Includes Alyza D. Lewin Essay in New ‘Toolkit for Concerned Parents’

To assist parents concerned about the anti-Semitism they see at school and provide direction on how best to address it, Bret Stephens’ quarterly journal, Sapir, issued a curated collection of articles from the Sapir archives as a toolkit for parents. Featured in the collection is LDB President Alyza D. Lewin’s widely-read 2023 essay “Anti-Zionist Harassment Is Against the Law, Too.”

Sapir reminds readers that Lewin’s essay outlines “the rigorous application of laws already on the books to protect people from harassment and discrimination.”

Denise Katz-Prober Interviewed on ‘Too Jewish’ Podcast about Campus Anti-Semitism

Brandeis Center Director of Legal Initiatives Denise Katz-Prober sat with Rabbi Sam Cohon, host of the radio program and podcast “Too Jewish.”

In the extended interview, Katz-Prober discusses the firestorm of campus anti-Semitism, including specifics from LDB cases, such as the recent resolution agreement between the Davidson school and OCR, based on an LDB-filed complaint.

Brandeis Center Appoints Senior Legal Fellow Jody Forchheimer

The Brandeis Center announced the appointment of Jody Forchheimer as the organization’s newest Senior Legal Fellow.

Ms. Forchheimer brings over four decades of experience in leading significant litigation and regulatory investigations following her graduation from Harvard Law School. She was an equity partner at Bingham (now Morgan Lewis), head of litigation and regulatory investigations at Fidelity, and of counsel at O’Melveny & Myers. She directed teams to complete victories in the 1st, 3rd, 8th and D.C. circuit courts of appeals, the Massachusetts and New York state appellate courts, and numerous lower courts and arbitration forums.

“I am honored to join the Brandeis Center during such a pivotal moment,” stated Ms. Forchheimer. “In my role as Senior Legal Fellow, I am eager to leverage my legal acumen and passion for justice to support Jewish students across the nation who face discrimination.”

Welcome and Blog Posts by LDB’s Summer Law Clerks and Interns

The Brandeis Center is delighted to welcome another fantastic group of summer law clerks and undergraduate interns to our team. Law clerks will assist LDB attorneys with legal casework, and interns will work with LDB’s Director of Communications on communications and policy projects.

Summer 2024 intern Jonah Feuerstein (Cornell Univ., ’27) authored a blog post introducing himself and his fellow LDB summer clerks and interns Sarah Simon (Columbia Law, ’26), Jonathan Silverman (Southern California Gould School of Law, ’26), Eli Goldstein (American Univ., ’27), and Nicole Hirschkorn (Emory Univ., ’27).

Eli Goldstein authored a blog post on LDB Chairman Marcus’s recent testimony before the U.S. House Ways & Means Committee hearing: “Crisis on Campus: Antisemitism, Radical Faculty, and the Failure of University Leadership.”

And Nicole Hirschkorn was lead author on the press release announcing the hiring of Jody Forchheimer.

Students interested in internship, clerkship, and fellowship opportunities are encouraged to apply here.

The Brandeis Center is Hiring

The Brandeis Center is hiring for multiple full-time positions:

Duties, qualifications, and compensation are listed in the Opportunities section of our website.

If you meet the qualifications and are passionate about our mission to advance the civil and human rights of the Jewish people and promote justice for all, we want to hear from you. Interested candidates should send resumes and cover letters by electronic mail to info@brandeiscenter.com. For the attorney roles, we suggest also including a writing sample and list of references.

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