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

A decision by the European Court of Justice (ECJ) in December of 2020 illustrates a concerning trend moving across European countries, where measures are being taken to inhibit or even prohibit Jewish religious practices such as the observance of Jewish dietary restrictions and non-medical circumcision. In its recent decision, the ECJ upheld a Belgian regulation that prohibits the slaughter of livestock if the animals are not stunned first, effectively barring Muslim and Jewish ritual slaughter, which require animals to be conscious before they are slaughtered. The lawyers who mounted the case at the ECJ against the Belgian law argued that it violated the European Union (EU) principles of religious liberty. Ultimately, the Court held that the regulation did not violate the EU’s laws of religious freedom and those who argued against the law lost. The Court explained its decision as striking “a balance between freedom of religion… and animal welfare.”

Given the ECJ’s reasoning, the European lawyers who opposed the Belgian law would have been wise to emphasize the humane aspects of Jewish ritual slaughter (“shechita”). In the United States, shechita is protected by law not only on religious liberty grounds, but also as an inherently humane form of slaughter. In fact, LDB President Alyza Lewin’s late grandfather, Dr. Isaac Lewin, played an instrumental role in persuading the U.S. Congress to incorporate language into the Humane Slaughter Act of 1958 which explicitly recognizing shechita as a humane form of animal slaughter. And years later, when the “Society for Animal Rights” challenged as unconstitutional the inclusion of shechita in the Humane Slaughter Act , Lewin’s father (and LDB  legal advisory board member), Nathan Lewin, represented kosher consumers who intervened in the case. The court dismissed the challenge and upheld the law. On appeal the U.S. Supreme Court affirmed the dismissal. Consequently, Jewish ritual slaughter in the U.S. is safeguarded today on the grounds that it is a humane form of animal slaughter.

Unfortunately, the ECJ’s decision impeding Jewish ritual slaughter in Belgium is but one of a growing number of obstacles to the continuity of Jewish life in Europe. Bans on the practice of non-medical circumcision are gaining traction in countries throughout Europe. The Danish Parliament is set to vote on whether or not to allow non-medical circumcision. Similar legislation is expected in Finland and Belgium. Legislators and activist groups in other European countries – including Iceland, Germany and Sweden – have tried to institute similar bans impeding the Jewish ritual of circumcision.

By hindering and prohibiting Jewish religious practices, from kashrut to circumcision, Europe is becoming an increasingly hostile and unlivable place for Jews. As the Israeli Foreign Ministry stated, the ECJ’s recent ruling “signals to the Jewish communities that they aren’t wanted in Europe.”

This February 17-18, the Louis D. Brandeis Center hosted its sixth annual National Law Student Leadership Conference in Washington, D.C. The conference brought together law student leaders from LDB chapters across the country, and educated the students on topics including international law and the Arab-Israeli Conflict; how to use legal tools to combat anti-Semitism and the Boycott, Divestment, and Sanctions (BDS) movement against Israel; how anti-Zionism is an attack on Jewish identity; and why anti-BDS legislation is constitutional. Additionally, the students were able to network with peers, attorneys, and legal scholars.

The LDB law student chapter initiative, launched in 2014, includes 20 chapters nationwide. LDB chapters fill an important gap in American legal education, offering programming that connects students’ legal training to pressing Jewish civil rights issues. The annual conference is an opportunity to bring students together from across the country and educate them not only on pressing issues affecting the Jewish community today, but also on the legal tools available to combat anti-Semitism.

The law students, representing 19 schools including Emory, UCLA, Fordham, Harvard, George Washington University, UVA, Northeastern, and University of Chicago, were given the opportunity to engage with each other in a continuous dialogue about the issues facing them as aspiring lawyers and proponents of civil rights for the Jewish people. The lectures, panels, and roundtable discussions featured several prominent figures in academia, government, and the legal profession. The conference was also attended by the Brandeis Center’s pilot group of JIGSAW fellows, who shared their experiences as the first cohort of LDB’s new legal initiative.

LDB President Alyza D. Lewin

LDB President Alyza D. Lewin, opened the conference by focusing on the need for a new take in the fight against anti-Semitism on college campuses. Lewin provided a new, unique approach and articulated how anti-Zionism is an attack on Jewish identity. She noted, “In order to effectively utilize legal tools that are designed to address discrimination, we must accurately describe the attack on Jewish identity that is taking place today on university campuses. Zionism is demonized, and as a result, pro-Israel students cannot express a key component of their identity.”

Following Lewin’s opening remarks, Professor Abraham Bell took the stage. Bell, of San Diego State University and Bar Ilan University, who is an expert in international law, spoke on “The Laws of Armed Conflict,” focusing on Israel and the application of international humanitarian law to the Arab-Israeli conflict.

Nathan Lewin

Famed attorney Nathan Lewin gave the keynote dinner address. Lewin, whose career has spanned over five decades, spoke about his experiences litigating in the Supreme Court on behalf of members of the United States armed forces to wear yarmulkes, and battling for the right to have Chanukah menorahs in public parks Lewin’s talk was titled “Who Fights for the Jews in Supreme Court Cases?” He encouraged the new generation of lawyers to challenge bias and bigotry wherever it arises.

Mayor Gabriel Groisman

Mayor Gabriel Groisman of Bal Harbour, Florida spoke on, “Having the Courage to Stand up Against Anti-Semitism as a Lawyer and an Elected Official: My Story and Yours.” Mayor Groisman stressed the importance of bravery and strength in the face of bigotry. Groisman’s rousing story chronicled his journey from growing up as the son of Latin Jewish immigrants in Florida, to beginning his legal career, and finally how he ended up in the world of politics. Groisman’s municipality, Bal Harbour, drafted the first city ordinance banning a city from engaging in business with organizations or entities which boycott Israel. Groisman was also instrumental in the Miami-Dade police district adopting the nation’s first city-level uniform definition of anti-Semitism for use in the investigation of hate crimes.

Professor Eugene Kontorovich

The second day of the conference began with Professor Eugene Kontorovich, of George Mason’s Scalia Law School, discussing “International Law and Disputing Occupation.” Professor Kontorovich described how international borders are ordinarily defined under principles of international law, and explained that by definition Israel’s conduct does not constitute a “belligerent occupation.” Professor Kontorovich noted that Israel’s opponents employ terminology that purposefully misleads the uninformed. Kontorovich also discussed state-level anti-BDS legislation, and how the BDS movement utilizes poor understandings of international law to weaponize the field against Israel and pro-Israel students.

Professor Kontorovich’s talk was followed by LDB Director of Legal Initiatives Aviva Vogelstein discussing Title VI of the Civil Rights Act of 1964, as well as other laws that help protect Jewish students on campus from anti-Semitic conduct. The discussion included a breakout session which was used to demonstrate the difficult legal nature that surrounds enforcing federal civil rights protections for Jewish students on campus.

Mark Rotenberg

The Vice President of Israel Engagement of Hillel International, Mark Rotenberg, then spoke about “BDS and Academic Freedom,” chronicling Hillel’s efforts to educate campus administrators, faculty, and students against the dangers of the boycott movement. Rotenberg described incidents, like the recent attempts by professors to deny recommendations to students who intended to visit Israel, as serious issues in academia that warranted stronger responses from university administrations. Rotenberg also detailed for the law students the history of the principle of “academic freedom” and advised them on how the principle can best be utilized to address anti-Semitism on campus.

Attendees of the 2019 conference.

Following the end of Rotenberg’s talk on BDS, the law students were treated to a discussion-panel with students who had participated in LDB’s inaugural JIGSAW fellowship program. The four JIGSAW fellows in attendance detailed what they viewed as a comprehensive, objective, and balanced experience which provided them with a new set of tools they could use to in order to help combat anti-Israel sentiment on campus. These tools were gained on their training trip to Israel this past December, in partnership with Hasbara Fellowships. The JIGSAW program provided a valuable opportunity, according to the students, to gain new perspective on the Arab-Israeli conflict, as well as new legal and rhetorical tools. The students answered questions on the various aspects of the program, all the while highlighting how valuable they found the experience.

LDB President Alyza D. Lewin closed the conference by stressing the importance of using legal tools to combat anti-Semitism and encouraging the law students to remain engaged in this important area of law and involved with the Brandeis Center.