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165-693: LDB was named after Louis D. Brandeis , a Jewish American lawyer and associate justice on the Supreme Court of the United States active in the Zionist movement . LDB has no relation to Brandeis University or to Louis D. Brandeis himself. LDB was founded in early 2012 by Kenneth L. Marcus , a former Staff Director of the U.S. Commission on Civil Rights who served as the Assistant Secretary of Education for Civil Rights from June 2018 to July 2020. Marcus

330-418: A secular holiday. His parents raised their children to be "high-minded idealists" rather than depending solely on religion for their purpose and inspiration. In later years, his mother, Frederika, wrote of this period: I believe that only goodness and truth and conduct that is humane and self-sacrificing toward those who need us can bring God nearer to us ... I wanted to give my children the purest spirit and

495-653: A Statement of Principles Against Intolerance, which included a contextual statement declaring that, "antisemitism and antisemitic forms of anti-Zionism are forms of discrimination and will not be tolerated at the University of California." LDB had previously issued a letter to the Board of Regents, highlighting incidents at UCLA , Santa Barbara , Davis , Berkeley , and Irvine . The Boycott, Sanctions, Divestment ( BDS ) movement against Israel has gained significant momentum in recent years, particularly on college campuses. A report by

660-607: A Sub-Report for the Parliamentary Committee Against Antisemitism that the definition had "largely has fallen out of favour" due to criticisms received. According to Ken Marcus, the United States Commission on Civil Rights , after investigating campus antisemitism, adopted the definition, to help universities identify the lines between hateful and non-hateful incidents. According to the AJC, in 2007

825-454: A boycott was passed. The resolution, however, failed with the vote 113–79. In May 2016, pro-Israeli groups at UC Irvine (UCI) hosted a screening of the film Beneath the Helmet and intended to hold a panel discussion with Israeli soldiers. A group of up to 50 pro-Palestinian students protested the event. Following the event, the protestors were accused of improper conduct and some participants in

990-731: A consultant and advisor to businesses, but also as a litigator who enjoyed courtroom challenges. In a letter to his brother, he writes, "There is a certain joy in the exhaustion and backache of a long trial which shorter skirmishes cannot afford." On November 6, 1889, he argued for the first time before the U.S. Supreme Court as the Eastern counsel of the Wisconsin Central Railroad in Wisconsin Central Railroad Company v. Price County , 133 US 496 (1889), and won. Soon after, Chief Justice Melville Fuller recommended him to

1155-450: A decisive step was taken by the presidency, on the demand by some member states. Namely, the original draft text was cut into two, and only the first two-sentence part was to be the working-definition to be adopted, while the other part, the examples, remained what they were: examples to serve as illustrations, to guide the IHRA in its work. From then on, the plenary was able to move quickly on, and

1320-442: A definition of antisemitism to be crucial for universities and government to make clear the boundaries between hateful actions and legitimate behavior. The US State Department provides a definition of antisemitism, but it only is applied for international monitoring. LDB is working with universities and domestic government bodies to adopt a definition of antisemitism. In March 2016, the University of California Board of Regents adopted

1485-761: A few months in the Midwest and was impressed by the nation's institutions and by the tolerance among the people he met. He wrote home to his wife, "America's progress is the triumph of the rights of man." The Brandeis family chose to settle in Louisville partly because it was a prosperous river port. His earliest childhood was shaped by the American Civil War , which forced the family to seek safety temporarily in Indiana. The Brandeis family held abolitionist beliefs that angered their Louisville neighbors. Louis's father developed

1650-454: A form of anti-Semitism or as ‘anti-Israel.’ Their real goal seems to be to shut down open discussion of issues of public concern by demonizing academic and other critics of Israel, Zionism, and U.S. policy in the Middle East, in many cases by tarring them with the brush of anti-Semitism. They are even willing to threaten federal funding for university-based Middle East studies centers, which have

1815-589: A friend as the best attorney he knew of in the Eastern U.S. Before taking on business clients, he insisted they agree to two major conditions: that he would only deal with the person in charge, never intermediaries, and he could be allowed to advise on any relevant aspects of the firm's affairs. He preferred being an adviser and counselor, rather than simply a strategist in lawsuits, which would allow him to advise his clients on how to avoid problems, such as lawsuits, strikes, or other crises. Brandeis explained: "I would rather have clients than be somebody's lawyer." In

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1980-404: A grain-merchandising business. Worries about the U.S. economy took the family back to Europe in 1872, but they returned in 1875. The Brandeis family were considered a "cultured family", trying not to discuss business or money during dinner, preferring subjects related to history, politics, and culture, or their daily lives. Having been raised partly on German culture , Louis read and appreciated

2145-435: A hostile environment for...Jewish students to persist at the university." OCR officials noted that “it does not appear that the university...took action...until after the commencement of OCR’s investigation." The university agreed to settle the complaint, resolving to edit their discrimination and harassment policies and provide extra training to staff and students “on the prohibition of harassment based on national ancestry." “In

2310-664: A human rights lawyer, was critical of the EUMC's original definition, as it was confusing about when attacks on Jews related to the Israel/Palestine conflict could be considered antisemitic, and required investigators to know the intentions of attackers. Meanwhile, the EUMC asked "selected Jewish NGOs and academics to provide a simple working definition that would encompass antisemitic demonization of Israel, and which could also be used by their own RAXEN network of national focal points and by law enforcement agencies". During 2003–04, involving

2475-467: A lawsuit in the U.S. District Court of New Jersey on behalf of Avi Zinger, Ben & Jerry’s Israeli licensee, alleging that Unilever violated U.S. and Israeli law when they terminated a 34-year business relationship with Zinger to boycott Israel. Unilever reached a settlement preventing Ben & Jerry's from boycotting Israel, which granted Avi Zinger the right to sell Ben & Jerry's ice cream in Israel and

2640-468: A long and distinguished history of providing the United States with thousands of people trained in the languages, politics, cultures and histories of this critical region. UCLA's media relations office stated that the university "remains dedicated to complying with all federal laws and respecting the free and open exchange of ideas representing diverse viewpoints." It also claimed that the centers on UCLA regularly provide programming on Israel. In response to

2805-578: A motion passed at the UK National Union of Students annual conference endorsing the definition, the FRA stated that the working definition "is not an official EU definition and has not been adopted by FRA". On 26 May 2016, IHRA adopted a non-legally binding working definition of antisemitism. The IHRA adoption took place following the efforts of Mark Weitzman of the Simon Wiesenthal Center, at

2970-651: A negative effect on a free society. Brandeis was becoming increasingly conscious of and hostile to powerful corporations and the trend toward bigness in American industry and finance. He argued that great size conflicted with efficiency and added a new dimension to the Efficiency Movement of the Progressive Era. As early as 1895, he had pointed out the harm that giant corporations could do to competitors, customers, and their own workers. The growth of industrialization

3135-424: A new precedent in evidence presentation. In 1916, President Woodrow Wilson nominated Brandeis to a seat on the Supreme Court of the United States . His nomination was bitterly contested, partly because, as Justice William O. Douglas later wrote, "Brandeis was a militant crusader for social justice whoever his opponent might be. He was dangerous not only because of his brilliance, his arithmetic, his courage. He

3300-477: A note found among his papers, he reminded himself to "advise client on what he should have, not what he wants." Brandeis describes how he saw himself as an advisor: Of course there is an immense amount of litigation going on and a great deal of the time of many lawyers is devoted to litigation. But by far the greater part of the work done by lawyers is not done in court at all, but in advising men in important matters, and mainly in business affairs. ... So, some of

3465-426: A number of government and political institutions. By 2018, according to Lerman, the IHRA definition had been formally adopted by 6 of the 31 governments whose countries are members of IHRA, though he notes that it is unclear whether those countries adopted the attached examples. The countries adopting the IHRA definition also appointed a national coordinator for the fight against antisemitism. In late 2016, adoption of

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3630-545: A public advocate was later explained in his 1911 book, The Opportunity in the Law : The public is often inadequately represented or wholly unrepresented. That presents a condition of great unfairness to the public. As a result, many bills pass in our legislatures which would not have become law if the public interest had been fairly represented.... Those of you who feel drawn to that profession may rest assured that you will find in it an opportunity for usefulness probably unequaled. There

3795-505: A punishment LDB thought were too lenient. In particular, one student, Eliana Kopley, claimed to have been chased by protestors and LDB were unhappy with UCI not having investigated that allegation. In December 2013, the American Studies Association (ASA) voted to join the academic boycott of Israeli educational institutions. In April 2016, LDB, Eugene Kontorovich and four American studies professors sued ASA, alleging that

3960-405: A record of good and bad political deeds, which would be open to all Boston voters. In one of his public addresses in 1903, he stated his goal: We want a government that will represent the laboring man, the professional man, the businessman, and the man of leisure. We want a good government, not because it is good business but because it is dishonorable to submit to a bad government. The great name,

4125-428: A second report on perceptions of antisemitism based on interviews with European Jews. The antisemitism report was based on data collected by the 15 contact points of EUMC's monitoring network, RAXEN, then the robustness of the data evaluated by an independent researcher, Alexander Pollak . The report included a section on definitions, which concluded by proposing this definition: Any acts or attitudes that are based on

4290-414: A snapshot in time, rather than a trend, because it did not have a representative sample of Jewish college students and because it allowed students to define antisemitism (leaving the term open to impression). In November 2015, a Muslim student at San Diego State University reported that a man pushed her in a parking garage and grabbed her by her headscarf and told her to "Get out of this country," that she

4455-597: A violation of title VI of the Civil Rights Act of 1964 ." Since its founding, LDB has advocated against antisemitism and the BDS movement. On February 7, 2013, four pro-Israel Jewish students at Brooklyn College were evicted from an open forum organized by Students for Justice in Palestine . The students alleged that their First Amendment rights had been violated and that they had been targeted because they were Jewish. Three of

4620-576: A wide range of views" and "[r]equire the U.S. Department of Education to establish a formal complaint-resolution process similar to that in use to enforce Title VI of the Civil Rights Act of 1964." The statement referenced a study by the AMCHA Initiative which, among other things, claimed that 93% of the mentions of Israel in any event sponsored, or co-sponsored by the UCLA's Middle East studies center, in

4785-441: Is a call upon the legal profession to do a great work for this country. In one of his first such cases, in 1894, he represented Alice N. Lincoln, a Boston philanthropist and noted crusader for the poor. He appeared at public hearings to promote investigations into conditions in the public poorhouses. Lincoln, who had visited the poorhouses for years, saw inmates dwelling in misery and the temporarily unemployed thrown in together with

4950-469: Is a non-legally binding statement on what antisemitism is, that reads: "Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities." It was first published by European Monitoring Centre on Racism and Xenophobia (EUMC) in 2005 and then by

5115-645: Is a program run by LDB that trains a specialized group of law students in using legal tools and skills to combat antisemitism and BDS on college campuses. JIGSAW stands for Justice Initiative Guiding Student Activists Worldwide and the JIGSAW Fellows are taught to fight against antisemitic incidents on campus by utilizing university policies, and federal and state law. They are trained to act as mentors to undergraduate students in helping them confront antisemitism on campus and to and understand international law related to BDS. LDB definition of antisemitism follows that of

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5280-725: Is also in bold type, and enclosed in a box containing the longer part of a prefatory sentence that begins outside the box. According to Middle East Monitor , citing an email, on 12 September 2017 the IHRA Permanent Office in Berlin confirmed: "The Plenary of the International Holocaust Remembrance Alliance (IHRA) adopted the working definition of antisemitism under the Romanian Chairmanship on 26 May 2016. The working definition, like all IHRA decision,

5445-714: Is antisemitic: Antisemitism is hatred toward Jews because they are Jews and is directed toward the Jewish religion and Jews individually or collectively. More recently, antisemitism has been manifested in the demonization of the State of Israel. Antisemitism frequently charges Jews with conspiring to harm humanity, and it is often used to blame Jews for "why things go wrong". It is expressed in speech, writing, visual forms and action, and employs sinister stereotypes and negative character traits. (It may also be manifested on people mistaken as Jews, or on non-Jews seen as sympathetic to Jews.) This

5610-421: Is non-legally binding. The working definition is the text in the box", and that when their reporter sought explicit confirmation from IHRA was advised to "just include a link to the IHRA website". Lerman states that this confirmed that the definition and the examples were separate things. He said "The discussions, as I remember them, were quite intense and lengthy, both in the couloirs and in the plenary hall, until

5775-471: Is the author of The Definition of Antisemitism (Oxford University Press, 2015). The Board of Directors are Richard Cravatts, Tevi Troy , L. Rachel Lerman, and Adam S. Feuerstein. In 2013, LDB established law student chapters at several law schools in the US. The purpose of these chapters is to foster "a new generation of leaders who share LDB's mission" which includes combating antisemitism and anti-Israelism and

5940-641: Is used by the Justice Ministers of Austria and Germany in training prosecutors and judges. It was also adopted formally by other governmental and non-governmental organizations in some countries. In 2006, the All-Party Parliamentary Inquiry into Antisemitism recommended that the UK adopt the definition and that it be promoted by the Government and law enforcement agencies. The Government Response

6105-818: The American Civil Liberties Union (ACLU) and James Zogby of the Arab American Institute . On 1 May 2024, amidst the ongoing 2024 pro-Palestinian protests on university campuses , the Antisemitism Awareness Act, which mandates the use of the IHRA definition by the Department of Education, was passed in the House by a margin of 320 to 91. The bill was introduced by Rep. Mike Lawler (R-NY) and led by co-sponsors Rep. Josh Gottheimer (D-NJ) and Rep. Max Miller (R-Ohio). A dissenting opinion

6270-551: The Anti-Defamation League alleged that "the strategies used in many BDS campaigns as anti-Semitic". It is in the Brandeis Center's view that the BDS campaign is antisemitic because some of its proponents act out of conscious hostility to the Jewish people; others act from unconscious or tacit disdain for Jews; and still others operate out of a climate of opinion that contains elements that are hostile to Jews and serve as

6435-2137: The Boycotts, Divestment, and Sanctions (BDS) movement in particular. BDS is a Palestinian-led movement that calls for comprehensive international boycotts of Israel similar to those that was imposed on South Africa. According to LDB lawyer Danit Sibovits, the chapters seek to "engage law students in civil rights work and engage them in public advocacy" and provide "an opportunity for law students to gain practical legal experience while they are still in school." Speakers may address topics such as Jewish civil rights advocacy, campus antisemitism, international human rights law, Israel legal advocacy, counter-terrorism legal policy. LDB law students investigate antisemitic incidents, provide pro-bono legal research and advocacy services to victims of discrimination, file legal complaints, and work with university administrators or policies to protect Jewish students. The current list of law student chapters is: Benjamin N. Cardozo School of Law , New York City; Case Western Reserve University School of Law , Cleveland, Ohio; Chicago Kent College of Law , Chicago, Illinois; City University of New York School of Law , Queens, New York; Cornell University School of Law , Ithaca, New York; DePaul University College of Law , Chicago, Illinois; Emory University School of Law , Atlanta, Georgia; Harvard University Law School , Cambridge, Massachusetts; Loyola University of Chicago School of Law , Chicago, Illinois; Northeastern University School of Law , Boston, Massachusetts; University of California – Berkeley School of Law , Berkeley, California; University of California – Los Angeles (UCLA) School of Law , Los Angeles, California; University of Chicago School of Law , Chicago, Illinois; University of Minnesota Law School , Minneapolis, Minnesota; University of Pennsylvania School of Law , Philadelphia, Pennsylvania; University of St. Thomas School of Law , Minneapolis, Minnesota; University of Virginia School of Law , Charlottesville, Virginia; University of Washington School of Law , Seattle, Washington. The Jigsaw Initiative

6600-455: The Bucharest plenary meeting of the IHRA on 30 May 2016, where its 31 member countries voted to adopt it. Weitzman later told a workshop that the definition was copied from the EUMC version as there was "not enough time to invent a new one". The decision to adopt the text was based on consensus among IHRA's 31 member countries. The document included two sections, a two-sentence definition plus

6765-572: The Centre for Research on Antisemitism (ZfA) analyzed a pre-release version of the EUMC report. The ZfA report was leaked to the press and poorly received. According to civil rights lawyer Kenneth L. Marcus , in the report the primary cause of rising antisemitism in Europe was assigned to young Muslim males, while in a press release for the subsequent final publication the EUMC assigned the rise in antisemitism to "young, disaffected white Europeans". Marcus writes,

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6930-726: The European Monitoring Centre (EUMC) Working Definition of Antisemitism : "Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities." In March 2013, LDB launched a Campus antisemitism Legal Advocacy Initiative. Specifically, LDB works with faculty and students to investigate incidents, works with administration on procedures and protocols and files legal complaints when necessary and appropriate. LDB considers adopting

7095-481: The Harvard Law Review of December 15, 1890, on "The Right to Privacy." Stimulated by anger at offensive publicity concerning the social activities of Warren's family, it suggested a new legal concept that has had lasting influence. Building on diverse analogies in the law of defamation, of literary property, and of eavesdropping, Brandeis argued that the central, if unarticulated, interest protected in these fields

7260-469: The Harvard Law Review . The third, "The Right to Privacy," was the most important, with legal scholar Roscoe Pound saying it accomplished "nothing less than adding a chapter to our law." Brandeis and Warren discussed "snapshot photography," a recent innovation in journalism, that allowed newspapers to publish photographs and statements of individuals without obtaining their consent. They argued that private individuals were being continually injured and that

7425-691: The International Holocaust Remembrance Alliance (IHRA) in 2016. Accompanying the working definition, but of disputed status, are 11 illustrative examples whose purpose is described as guiding the IHRA in its work, seven of which relate to criticism of Israel . The definition was developed during 2003–04 and first published on 28 January 2005 on the website of the European Union agency, the European Monitoring Centre on Racism and Xenophobia (EUMC). The publication

7590-738: The Israeli–Palestinian conflict and campus life. Its critics claim that the organization engages in lawfare on Israel's behalf—lawsuits and threats of lawsuits intended to silence criticism of Israel. LDB is a strong supporter of the Anti-Semitism Awareness Act, a controversial piece of legislation introduced to the US Congress in 2016 which requires the Department of Education to use a specific definition of antisemitism when "reviewing, investigating, or deciding whether there has been

7755-811: The Louisville Male High School at age 14 with the highest honors. When he was 16, the Louisville University of the Public Schools awarded him a gold medal for "excellence in all his studies." Anticipating an economic downturn, Adolph Brandeis relocated the family to Europe in 1872. After a period spent traveling, Louis spent two years studying at the Annenschule  [ de ] in Dresden , Germany, where he excelled. He later credited his capacity for critical thinking and his desire to study law in

7920-433: The Supreme Court of the United States from 1916 to 1939. Starting in 1890, he helped develop the " right to privacy " concept by writing a Harvard Law Review article of that title , and was thereby credited by legal scholar Roscoe Pound as having accomplished "nothing less than adding a chapter to our law." He was a leading figure in the antitrust movement at the turn of the century, particularly in his resistance to

8085-495: The Zionist movement later in his life. Louis grew up in "a family enamored with books, music, and politics, perhaps best typified by his revered uncle, Lewis Dembitz, a refined, educated man who served as a delegate to the Republican convention in 1860 that nominated Abraham Lincoln for president." In school, Louis was a serious student in languages and other basic courses and usually achieved top scores. Brandeis graduated from

8250-514: The Zionist movement , seeing it as a solution to antisemitism in Europe and Russia , while at the same time being a way to "revive sense of the Jewish spirit." When his family's finances became secure, he began devoting most of his time to public causes, and he was later dubbed the "People's Lawyer." He insisted on taking cases without pay so that he would be free to address the wider issues involved. The Economist magazine called him "A Robin Hood of

8415-509: The "efforts of a large number of institutes and individual experts", and coordinated by Stern, together with Dina Porat, Holocaust scholars Yehuda Bauer , Michael Berenbaum and Roni Stauber , the Community Security Trust 's Michael Whine, human rights expert Felice D. Gaer , and others, a proposed definition and set of examples was drafted. The draft working definition identified that some criticism of Israel and of Zionism

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8580-728: The AJC, and Beate Winkler, director of the EUMC. According to Michael Whine of the Community Security Trust, "the Director of the ODIHR Tolerance and Non-Discrimination Division and the Advisor on Antisemitism played an active role in formulating the Working Definition." On 28 January 2005, the EUMC published on its website a working definition of antisemitism which shared many features of Stern's earlier draft. Winkler published

8745-616: The Canadian Government on November 7–9, 2010, issued the Ottawa Protocol , including a commitment to "reaffirm the EUMC – now Fundamental Rights Agency (FRA) – working definition". Canadian Members of Parliament adopted a resolution to combat antisemitism in 2007 that cited the EUMC definition, and the Australian Online Hate Prevention Institute . According to Andrew Baker of the AJC, the definition

8910-544: The EUMC definition was adopted as "an initial guide" by the Office to Monitor and Combat Anti-Semitism within the U.S. Department of State, stating that it "should not be construed ... as United States policy". In 2008, the State Department again endorsed the Working Definition in their Contemporary Global Antisemitism report to Congress, noting that "a widely accepted definition of antisemitism can be useful in setting

9075-472: The EUMC definition, According to Marcus, while it was in effect the State Department definition was more important in determining U.S. government foreign policy than the EUMC definition since it represented an official policy position. In 2011, the AJC's Ken Stern and Cary Nelson , President of the American Association of University Professors , published a letter stating that "It is a perversion of

9240-663: The EUMC report, the Organization for Security and Co-operation in Europe (OSCE)'s Berlin Declaration recognised that post WW2 antisemitism had changed and was now at times directed against Jews as a collective and Israel as an embodiment of the Jew. The Berlin Declaration also tasked the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) to work with the EUMC to develop better ways to monitor antisemitic incidents in OSCE countries. At

9405-602: The EUMC's successor body, the FRA, did recommend it for adoption, an undertaking it repeated the following year in its progress report on implementing the Inquiry's recommendations, noting this had been delayed by the process of transforming into the FRA delayed this. In 2009, the leaders of the Labour and Conservative parties signed the London Declaration endorsing the definition. The National Union of Students formally adopted

9570-525: The European Forum on Antisemitism commissioned translations of the Working Definition into each of the 33 languages used by the OSCE states. In 2010, Stern wrote that "In the last five years, the definition has been increasingly used, because it provides a workable, non-ideological approach to task of identifying antisemitism." The definition was used by monitoring agencies and law enforcement officials in some European countries. According to Stern, by 2010,

9735-605: The European Parliament and other national and international bodies and employed for internal use by a number of governmental and political institutions, although not all have explicitly included the illustrative examples. Pro-Israeli organizations have been advocates for the worldwide legal adoption of the IHRA definition. The definition has been heavily criticised by academics, including legal scholars, who say that it stifles free speech relating to criticism of Israeli actions and policies. High-profile controversies took place in

9900-476: The FRA told him around 2011 that: "Since its development we are not aware of any public authority in the EU that applies it [and the] FRA has no plans for any further development." He noted that an August 2010 FRA publication on antisemitism did not mention the working definition. Following on from the EUMC's 2004 report, the FRA's 2012 report on antisemitism equates " new antisemitism " with anti-Zionism . FRA also used

10065-564: The Graduate Student Association (GSA), Milan Chatterjee's allocation of funds. In October 2015, Chatterjee claimed that the GSA had a policy requiring "neutrality" on speech relating to "Israel-Palestine" and that groups advocating for boycotts of Israel, such as Students for Justice in Palestine (SJP), would be ineligible for funding. SJP felt unfairly singled out as they advocate for boycotts of Israel. Civil rights groups got involved in

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10230-452: The IHRA definition of antisemitism and appointed Deputy Foreign Minister Georg Georgiev as national co-ordinator for the fight against antisemitism. The European Parliament called for member states to adopt the IHRA definition on 1 June 2017 – although Lerman notes that this is without explicitly quoting the examples. As of 29 March 2019, Lithuania (24 January 2018), Moldova (20 January 2019), and North Macedonia have also adopted

10395-493: The IHRA definition. In November 2019, Greek Prime Minister announced that Greece was set to adopt the IHRA definition. On 5 December 2019, France 's National Assembly called on the government to adopt the IHRA definition. According to Alan Shatter , Ireland has neither adopted nor formally endorsed the definition and on 9 November 2021, the Minister for Children, Equality and Integration, Roderic O'Gorman said that while Ireland

10560-632: The Jewish United Fund and Hillel International, stating that the events taking place on campus are in violation of Title VI of the Civil Rights Act of 1964. In November 2020, OCR then opened an investigation into the complaint. Following this action, UIUC along with LDB, Hillel International, and the Jewish United Fund put out a "joint statement" pledging to take a number of concrete steps to address antisemitism on its campus and support Jewish students. Among these commitments, they promised to form an “Advisory Council on Jewish and Campus Life” and have just recently announced its establishment. Additionally, within

10725-547: The Massachusetts plan to protect small wage-earners through savings bank life insurance . He supported the conservation movement; in 1910, he emerged as the chief figure in the Pinchot–Ballinger investigation , saying: "We may have democracy, or we may have wealth concentrated in the hands of a few, but we can't have both." In 1889, Brandeis entered a new phase in his legal career when his partner, Samuel Warren, withdrew from their partnership to take over his recently deceased father's paper company. Brandeis then took on cases with

10890-457: The OSCE used the definition in a 2005 report Education on the Holocaust and Antisemitism: An Overview and Analysis of Educational Approaches . By 2010 it was recommended in the course leaders' Facilitators Guide in the OSCE OHDIR programme to assist law enforcement officials to understand and investigate hate crime , and at the 2010 OSCE High Level Conference on Tolerance and Non-Discrimination in Astana urged participating states to use and promote

11055-494: The United Kingdom in 2011 within the University and College Union , and within the Labour Party in 2018. The definition has been contested for weaknesses that critics say lend themselves to abuse, for obstructing campaigning for the rights of Palestinians , and for being too vague. Kenneth S. Stern , who contributed to the original draft, has opposed the weaponization of the definition on college campuses in ways that might suppress and limit free speech. The controversy over

11220-454: The United Nations Economic and Social Council Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights ... It continues to be referenced more and more because of its clear utility. For example, in Lithuania , it was referred to in a successful criminal case against an editor of a right-wing newspaper in 2005. The definition was used to some extent by some intergovernmental and EU agencies. For example,

11385-418: The United States to his time there. Returning to the U.S. in 1875, Brandeis entered Harvard Law School at the age of 18. His admiration for the wide learning and debating skills of his uncle, Lewis Dembitz, inspired him to study law. Despite the fact that he entered the school without any financial help from his family, he became "an extraordinary student". During his time at Harvard, the teaching of law

11550-446: The West Bank under the company's Hebrew and Arabic names. The legal settlement was announced on June 29, 2022. The Brandeis Center commended the settlement as a "major defeat for the anti-Israel Boycott, Divestment, and Sanctions (BDS) movement." Louis D. Brandeis Louis Dembitz Brandeis ( / ˈ b r æ n d aɪ s / ; November 13, 1856 – October 5, 1941) was an American lawyer who served as an associate justice on

11715-445: The Working Definition at its 2007 Conference. Some individual students unions followed suit, although at others motions to do so were defeated. In 2011, the University and College Union passed a resolution opposing the use of the definition, which led to the Jewish Leadership Council and Board of Deputies of British Jews describing the union as "institutionally antisemitic". On 1 January 2015, Professor David Feldman stated in

11880-598: The Working Definition. In February 2009, the first conference of the Inter-parliamentary Coalition for Combating Antisemitism , issued the London Declaration on Combating Antisemitism , calling to governments to expand the use of the Working Definition. The second annual conference, held in Ottawa , Canada , in association with the Canadian Parliamentary Coalition to Combat Antisemitism and

12045-430: The ablest American lawyers of this generation, after acting as professional advisers of great corporations, became finally their managers. Brandeis was unusual among lawyers since he always turned away cases he considered bad. If he believed a client to be in the wrong, he would persuade his clients to make amends, otherwise he would withdraw from the case. Once, uncertain as to the rightness of his client's case, he wrote

12210-571: The aftermath of an antisemitic "Zoom-bombing." The lawsuit further asserted that DEI committee members at Stanford University's CAPS division invoked antisemitic stereotypes related to Jewish power and wealth. In September 2021, a report based on a survey conducted by the Cohen Research Group for the Louis D. Brandeis Center for Human Rights Under Law and the Alpha Epsilon Pi fraternity examined

12375-418: The alleged priorities of Jews worldwide, than to the interests of their own nations" and "claiming that the existence of a State of Israel is a racist endeavor" (and nine other examples). Antony Lerman notes that the EUMC and IHRA definitions are set out differently. The EUMC 38-word working definition is distinguished from the rest of the text by being set in bold type. The same text in the IHRA definition

12540-470: The bill did not restrict free speech. While the bill didn't pass the South Carolina legislature, in 2018, text mirroring the language of the bill was inserted into the 2018–2019 state budget bill which did pass. On November 22, 2016, a student at Stoughton High School, Massachusetts, created a swastika out of tape on a piece of paper and put it on a recycling bin in the school hallway. A Jewish girl noticed

12705-557: The boycott was illegal. The lawsuit was dismissed in 2019 when the judge ruled that the plaintiffs lacked standing. In 2017, LDB endorsed the South Carolinian anti-BDS law H 3643 which would have required colleges to use the 2010 US State Department's definition of antisemitism when investigating alleged civil rights violations. Critics of the bill claimed that it was intended to suppress political speech by smearing it as antisemitism. Marcus, however, rejected that claim and stated that

12870-453: The client, "The position that I should take if I remained in the case would be to give everybody a square deal." Brandeis and Warren's firm has been in continuous practice in Boston since its founding in 1879; the firm is known as Nutter McClennen & Fish . Brandeis defined modern notions of the individual right to privacy in a path-breaking article he published with his partner, Warren, in

13035-497: The college to withdraw their acceptance of him. He was also suspended by the school for six days. The school subsequently received a complaint from the mother of the student which stated that he felt that he was being bullied by members of faculty for his actions. The complaint mentioned one of the teachers, Jamie Regan, who had asked to have the student removed from her class on the Holocaust where Holocaust survivors would speak. Two of

13200-427: The concept of collective antisemitism. Several examples relate to animus towards Israel, including both Holocaust inversion and the application of double standards to Israel. The definition states that "However, criticism of Israel similar to that leveled against any other country cannot be regarded as antisemitic." The EUMC separated the working definition with eleven examples. This was presented as two separate groups,

13365-428: The conduits through whom anti-Jewish tropes and memes are communicated; while all of them work to sustain a movement that attacks the commitment to Israel that is central to the identity of the overwhelming majority of Jewish people. With the rise of the BDS movement, the Brandeis Center has increasingly sought to deal with the antisemitism associated with the movement. LDB has been involved in numerous lawsuits involving

13530-474: The continuing success of his law practice, they later purchased a vacation house in Dedham , where they would spend many of their weekends and summer vacations. Unexpectedly, his wife's health soon became frail, and so in addition to his professional duties, he found it necessary to manage the family's domestic affairs. They shunned the more luxurious ways of their class, holding few formal dinner parties and avoiding

13695-500: The criticism from Newhall, Marcus in a letter to the editor of The Chronicle insisted that the groups' goal was not to shut down open discussion, rather the opposite: "accountability systems to ensure that these programs offer the diversity of perspectives that existing law requires. If Professor Newhall's association defends the status quo against diverse perspectives, then it is they who are trying to shut down debate." In April 2014, students at Harvard University raised concerns about

13860-495: The decision was reported on in the student newspaper The Harvard Crimson in December, Harvard's President Drew G. Faust said she was not aware of it and requested an investigation. Pro-Israel and Jewish advocacy groups criticized the decision to stop buying from SodaStream, particularly LDB. In a comment, Marcus strongly criticized the decision: In many ways, these micro-BDS efforts are more dangerous than broader campaigns against

14025-405: The definition "without formal review by her political overseers". Marcus writes that it was a "working definition" in two senses: a working guide to waidentifying antisemitism in practice, and a work-in-progress as opposed to a final statement to be approved by the EU's political leadership: "for this reason, formal endorsement was neither sought nor obtained". The stated purpose of the definition

14190-409: The definition by the Organization for Security and Cooperation in Europe was blocked by Russia . The United Kingdom was the first country to adopt the definition (12 December 2016), followed by Israel (22 January 2017), Austria (25 April 2017), Scotland (27 April 2017), Romania (25 May 2017), Canada (23 August 2017), and Germany (20 September 2017). In October 2017, Bulgaria adopted

14355-580: The definition had been referenced or relied upon in or by courts (in Lithuanian and Germany), congressional hearings in the United States, online reference tools, newspapers, blogs, scholarly articles, legal articles, radio shows, student groups, museums, national inquiries of parliamentarians (most importantly in the UK), international meetings of parliamentarians, United States Department of State Reports, The United States Commission on Civil Rights, and in submissions to

14520-716: The definition led to the creation of the Jerusalem Declaration on Antisemitism and the Nexus Document , both of which expressly draw distinctions between antisemitism and criticism of Israel. The Commission on Racism and Xenophobia (CRX) (also known as the Kahn Commission) was established in 1994. The CRX was transformed into the European Monitoring Centre on Racism and Xenophobia (EUMC) by Council Regulation (EC) No 1035/97 of 2 June 1997 and commenced in June 1998. Its mandate

14685-462: The definition to use it, as some are doing, in an attempt to censor what a professor, student, or speaker can say"; this generated significant controversy within the American Jewish community. On 12 January 2016, Peter Roskam and Tim Scott introduced a bipartisan bill in the House and Senate on combating antisemitism on campus, under the title of The Anti-Semitism Awareness Act, to codify

14850-500: The demands of society. The press is overstepping in every direction the obvious bounds of propriety and of decency. Gossip is no longer the resource of the idle and of the vicious, but has become a trade, which is pursued with industry, as well as effrontery. To satisfy a prurient taste the details of sexual relations are spread broadcast in the columns of the daily papers. ... The intensity and complexity of life, attendant upon advancing civilization, have rendered necessary some retreat from

15015-530: The details of the case and that the lawyers therefore were only "seeking half a story" and using incorrect information. The LDB lawyers rebuffed that notion. This led to a lengthy judicial process between LDB and the Stoughton High School. On May 18, 2018, arbitrators determined that the disciplinary action taken against Regan was wrong and that the letter of reprimand should be expunged from her personnel records. On July 19, arbitrators determined that Moll

15180-414: The entire country of Israel, because they are sneakier and more deceptive. They target one or two companies, or a short list of Israeli politicians or universities. And they claim that they are not advocating boycotts against the entire Jewish nation. But they are based on the notion that it is okay to apply different standards to Israelis than to the rest of the world's peoples. And they ultimately end up in

15345-625: The existence of these gray hairs." Brandeis became a leader of the Progressive movement , and he used the law as the instrument for social change. From 1897 to 1916, he was heavily involved with multiple reform crusades. He fought in Boston to secure honest traction franchises and, in 1907 launched a six-year fight to prevent the banker J. P. Morgan , who acquired the New York, New Haven and Hartford Railroad , from monopolizing New England 's railroads. After an exposé of insurance fraud in 1906, he devised

15510-483: The experiences of Jewish fraternity and sorority members on college campuses. The survey collected responses from 1,027 self-identified Jewish students involved in Greek life at 118 campuses across North America. The report revealed that 65% of respondents had experienced or were aware of antisemitism on their campuses, and 50% admitted to hiding their Jewish identity at times to avoid hostility or discomfort. Marcus argued that

15675-678: The federal funds provided to 129 international studies and foreign language centers at universities by Title VI of the Higher Education Act of 1965 were therefore being misused. The report was accompanied by a statement signed by 10 pro-Israel groups, expressing concern over alleged misuse of taxpayer money and arguing that the programs "disseminate anti-American and anti-Israel falsehoods." The statement also called for changes to Title VI which should "[r]equire recipients of Title VI funds to establish grievance procedures to address complaints that programs are not reflecting diverse perspectives and

15840-458: The film screening said they had been harassed. LDB and other pro-Israel groups acted on behalf of the allegedly harassed students and demanded that UCI investigated the matter. UCI did so, but their investigation cleared the protestors of most of the allegations, except of being too loud. The campus group that had organized the protest, Students for Justice in Palestine (SJP), was issued a written warning and required to host an educational program,

16005-414: The findings should alarm college leaders, as many Jewish students feel pressured to conceal their identity due to rising antisemitism on campuses. In 2021, the Anti-Defamation League reported that the University of Vermont had the highest number of reported anti-Semitic incidents. In the same year, the Brandeis Center and Jewish on Campus filed a complaint against the University of Vermont alleging that

16170-465: The first six examples were antisemitic tropes and the following five examples were introduced with the sentence: "Examples of the ways in which antisemitism manifests itself with regard to the state of Israel taking into account the overall context could include". The EUMC working definition was prominently referenced by the OSCE Cordoba conference in June that year. According to Lerman, the definition

16335-590: The following year recognised the "useful work being done by the EUMC in identifying antisemitic discourse", noted that the government accepted the definition of racism in the MacPherson Report on institutional racism and that this subsumed the EUMC and went further. It also noted that "from the EUMC's evidence to the Committee", the "definition is in fact a work in progress and has not been recommended to states for adoption". However, it undertook to re-examine this if

16500-408: The four students were represented by LDB as they field a legal complaint against the college. The complaint eventually led to Brooklyn College President Karen L. Gould apologizing to the evicted students. In 2014, LDB produced a report called The Morass of Middle East Studies which accused federally-funded Middle East studies centers at various colleges to be biased against Israel. LDB claimed that

16665-499: The glory of Boston, is in our keeping. In 1906, Brandeis won a modest victory when the state legislature enacted a measure he drafted designed to make it a punishable crime for a public official to solicit a job from a regulated public utility or for an officer of such a company to offer such favors. His anti-corruption philosophy was included in his closing argument for the Glavis-Ballinger case of 1910, in which he stated that

16830-459: The growing number of giant companies which were capable of dominating whole industries. He began to lose faith that the economic system was able to regulate them for the public's welfare. As a result, he denounced "cut-throat competition" and worried about monopolies. He also became concerned about the plight of workers and was more sympathetic to the labor movement. His earlier legal battles had convinced him that concentrated economic power could have

16995-549: The happiest of my life. I worked! For me, the world's center was Cambridge." After graduation, he stayed on at Harvard for another year, where he continued to study law on his own while also earning a small income by tutoring other law students. In 1878, he was admitted to the Missouri bar and accepted a job with a law firm in St. Louis, where he filed his first brief and published his first law review article. After seven months, he tired of

17160-519: The help of colleagues, two of whom became partners in 1897 in his new firm: Brandeis, Dunbar, and Nutter. He won his first important victory in 1891, when he persuaded the Massachusetts legislature to make the liquor laws less restrictive and thereby more reasonable and enforceable. He suggested a viable "middle course": by moderating the existing regulations, he told the lawmakers that they would remove liquor dealers' incentive to violate or to corrupt

17325-542: The highest ideals as to morals and love. God has blessed my endeavors. According to biographer Melvin Urofsky , Brandeis was influenced greatly by his uncle Lewis Naphtali Dembitz . Unlike other members of the extended Brandeis family, Dembitz regularly practiced Judaism and was actively involved in Zionist activities. Brandeis later changed his middle name from David to Dembitz in honor of his uncle, and through his uncle's model of social activism, became an active member of

17490-400: The influence of Chief Justice Gray." The new firm was eventually successful, having gained new clients from within the state and in several neighboring states as well. Their former professors referred a number of clients to the firm, garnering Brandeis more financial security and eventually the freedom to take an active role in progressive causes. As a partner in his law firm, he worked as

17655-483: The insidiousness of the anti-Israel movement's new strategy, which is to suppress pro-Israel advocacy and intimidate not only Jewish pro-Israel students but anyone who even remains neutral." LDB was active in lobbying against the Modern Language Association 's proposed academic boycott of Israel. In particular, in 2016, it threatened to sue the organization if a resolution under consideration endorsing such

17820-424: The larger issue was missed that the definition of antisemitism that the EUMC used was based on "seven stereotypical traits: deceptiveness, strange-ness, hostility, greed, corruption, conspiratorial power, and deicidal murderousness". The EUMC report concluded that anti-Israeli and anti-Zionism expression could only be considered antisemitic if it was based on the stereotype of Israel as the collective Jew. Following

17985-485: The law." Among his notable early cases were actions fighting railroad monopolies, defending workplace and labor laws , helping create the Federal Reserve System , and presenting ideas for the new Federal Trade Commission . He achieved recognition by submitting a case brief, later called the " Brandeis brief ", which relied on expert testimony from people in other professions to support his case, thereby setting

18150-426: The laws. The legislature was won over by his arguments and changed the regulations. Brandeis wrote that "the law has everywhere a tendency to lag behind the facts of life." He chipped away at assumptions that legal principles should never be changed. He worked to break the traditional hold on legal thinking to make laws that met the needs of the changing community. Part of his reasoning and philosophy for acting as

18315-450: The list of 11 examples. IHRA's 38-word basic "working definition" of antisemitism reads: Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities. The IHRA states that "the Working Definition, including its examples,

18480-469: The luxury hotels when they traveled. Brandeis would never fit the stereotype of the wealthy man. Although he belonged to a polo club, he never played polo. He owned no yacht, just a canoe that he would paddle by himself on the fast-flowing river that adjoined his cottage in Dedham. He wrote to his brother of his brief trips to Dedham: "Dedham is a spring of eternal youth for me. I feel newly made and ready to deny

18645-523: The matter on behalf of SJP and Zionist groups on behalf of Chatterjee. The university launched an investigation which found Chatterjee guilty of having violated university policy that requires neutral point of view in allocating funds. Early on, LDB law students sided with Chatterjee and questioned how the UCLA was addressing the situation. Marcus condemned BDS-activists who tried to have Chatterjee removed from office: "the Milan Chatterjee affair reflects

18810-508: The measure, arguing that it criminalises legitimate criticism of Israel. The EUMC never granted any official status to the definition. In 2007, the EU replaced the EUMC with the Fundamental Rights Agency (FRA), with a broader remit than racism and antisemitism. It has continued to deliver annual reports of antisemitic incidents in the EU countries, based on data from its national contact points. Richard Kuper reported that

18975-404: The mentally ill as well as hardened criminals. Brandeis spent nine months and held fifty-seven public hearings, at one such hearing proclaiming, "Men are not bad. Men are degraded largely by circumstances.... It is the duty of every man... to help them up and let them feel that there is some hope for them in life." As a result of the hearings, the board of aldermen decreed that the administration of

19140-462: The minor casework and accepted an offer by his Harvard classmate, Samuel D. Warren II , to set up a law firm in Boston . They were close friends at Harvard, where Warren ranked second in the class to Brandeis's first. Warren also came from a wealthy Boston family and their new firm benefitted from his family's connections. Soon after returning to Boston, while waiting for the law firm to gain clients, he

19305-560: The monopolization of the New England railroad and advice to Woodrow Wilson as a candidate. In his books, articles and speeches, including Other People's Money and How the Bankers Use It , and The Curse of Bigness , he criticized the power of large banks, money trusts, powerful corporations, monopolies, public corruption, and mass consumerism, all of which he felt were detrimental to American values and culture. He later became active in

19470-545: The nation on a legal trajectory of such profound magnitude that it finally transcended its humble beginnings." State courts and legislatures quickly drew on Brandeis and Warren's work. In 1905 the Georgia Supreme Court recognized a right to privacy in a case involving a photograph of the plaintiff published without his consent in an advertisement with a misattributed quotation. By 1909, California, New York, Pennsylvania, Virginia, and Utah had passed statutes establishing

19635-410: The non-legally binding working definition was unanimously adopted." In 2021 Al-Jazeera reported that "the governing plenary decided to adopt only the two-sentence passage as its definition, excluding the controversial examples. The examples were not endorsed as part of the working definition but as 'illustrations' to 'guide IHRA in its work'." The IHRA definition has been adopted for internal use by

19800-405: The parameters of the issue. Such a definition also helps to identify the statistics that are needed and focuses attention on the issues that policy initiatives should address ... The EUMC's working definition provides a useful framework for identifying and understanding the problem and is adopted for the purposes of this report." In June 2010 the State Department adopted a definition based on

19965-462: The payrolls of the private transit companies. One alderman gave jobs to 200 of his followers. In Boston and other cities, such abuses were part of the corruption in which graft and bribery were common, and in some cases, even newly freed felons resumed their political careers. "Always the moralist," writes biographer Thomas Mason, "Brandeis declared that 'misgovernment in Boston had reached the danger point. ' " He declared that from then on he would keep

20130-422: The perception of a social subject (individual, group, institution, or state) as "the ('deceitful', 'corrupt', 'conspiratorial', etc.) Jew". The report also explored the question of when anti-Zionist or anti-Israel expression might be antisemitic (pp. 13–14) and highlighted the need to develop a common EU definition in order to collect and compare incidents across countries (pp. 25–29). In December 2003,

20295-597: The period fall 2010 to spring 2013 were critical. Amy W. Newhall, executive director of the Middle East Studies Association (MESA), rejected the groups' statement as "politically motivated attacks on scholars and academic institutions" and as a serious threat to free speech. She also stated that MESA opposes antisemitism and that ... some of the reports issued by partisan political groups based outside academia may actually weaken efforts to combat anti-Semitism by portraying all criticism of Israeli policies as

20460-428: The poor law would be completely reorganized. In 1896, he was asked to lead the fight against a Boston transit company, which was trying to gain concessions from the state legislature that would have given it control over the city's emerging subway system. Brandeis prevailed, and the legislature enacted his bill. The transit franchise struggle revealed that many of Boston's politicians had placed political friends on

20625-445: The practice weakened the "moral standards of society as a whole." They wrote: That the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection. Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth, grows to meet

20790-491: The public servant "cannot be worthy of the respect and admiration of the people unless they add to the virtue of obedience some other virtues—the virtues of manliness, of truth, of courage, of willingness to risk positions, of the willingness to risk criticism, of the willingness to risk the misunderstanding that so often comes when people do the heroic thing." In the 1890s, Brandeis began to question his views on American industrialism, write Klebanow and Jonas. He became aware of

20955-538: The right to privacy ever written by a member of the Supreme Court. Some have criticized Brandeis for evading issues related to African-Americans, as he did not author a single opinion on any cases about race during his twenty-three year tenure, and he consistently voted with the Supreme Court majority including in support of racial segregation . Louis David Brandeis was born on November 13, 1856, in Louisville, Kentucky ,

21120-634: The right. In 1939 the American Law Institute 's Restatement of Torts also recognized a right to privacy at common law. Years later, after becoming a justice of the Supreme Court, Brandeis discussed the right to privacy in his famous dissenting opinion in Olmstead v. United States . In 1890, Brandeis became engaged to his second cousin Alice Goldmark, of New York. He was then 34 years of age and had previously found little time for courtship. Alice

21285-540: The role of a judge. In a letter while at Harvard, he wrote of his "desperate longing for more law" and of the "almost ridiculous pleasure which the discovery or invention of a legal theory gives me." He referred to the law as his "mistress," holding a grip on him that he could not break. His eyesight began failing as a result of the large volume of required reading and the poor visibility under gaslights . The school doctors suggested he give up school entirely. He found another alternative: paying fellow law students to read

21450-564: The same place. All anti-Israel boycotts, whether limited or comprehensive, advance the same agenda, which is to deny Israel normalcy and legitimacy. This is a deeply anti-Semitic campaign and it must be understood as such. In February 2015, LDB and Trinity College issued an "Anti-Semitism Report," presenting results from an online survey of American Jewish college students. The survey had a 10–12% response rate, does not claim to be representative, and included 1,157 self-identified Jewish students at 55 campuses nationwide. The report showed that 54% of

21615-536: The same time, according to Marcus, the EUMC, largely due to pressure from American Jewish organizations, scrapped its failed definition of antisemitism. Israeli scholar Dina Porat , then head of the Stephen Roth Institute at Tel Aviv University , proposed the idea for a common definition during an NGO conference organized by the American Jewish Committee (AJC). Kenneth S. Stern of the AJC,

21780-738: The statement are provisions allowing students to publicly express their Jewish identity, identification with Israel and their belief in Zionism without fear of discrimination or intimidation. The university has pledged to safeguard these rights and more, to ensure the safety of its Jewish students and condemn anyone who threatens antisemitic harassment. The Brandeis Center filed a federal complaint on behalf of Jewish mental health counselors in 2021, alleging anti-Jewish harassment in Stanford University's Counseling & Psychological Services' (CAPS) Diversity, Equity & Inclusion (DEI) program. The complaint

21945-454: The students who took part in the online survey reported having experienced or witnessed antisemitism on their campuses during the Spring semester of the last academic year. Marcus claimed that the findings should have been a wake-up call to college administrators that Jewish students face real problems of bias. The study was criticized by The Forward which argued that the study documented only

22110-446: The suggestion of the AJC, the EUMC director organized a meeting of Jewish representatives to discuss the new definition of antisemitism which had been drafted; the consultation involved representatives of the AJC and European Jewish Congress , the EUMC director and head of research, and the ODIHR Tolerance and Non-Discrimination program director and antisemitism expert. The outcome was negotiated between Andrew Baker, Stern's colleague at

22275-468: The swastika and asked him to remove it. He did so, and responded, "Well just burn it like they did to the Jews." One teacher addressed the incident in her classroom and another spoke to a student about it. A third, Hilary Moll, having written a letter of recommendation on behalf of the student who created the swastika, contacted the college and withdrew her letter and explaining her reasons why. The information led

22440-414: The teachers were reprimanded and Moll were suspended for 20 days without pay. LDB lawyers stepped in on the teachers behalf which led to some exchanges between them and the school's superintendent Marguerite Rizzi who defended the decision to discipline the teachers. She cited privacy laws that protects confidential student records from disclosure as a reason as to why the school district couldn't reveal all

22605-541: The term ' secondary antisemitism ' to define similar accusations against Jews for using the Holocaust to manipulate non-Jews. In 2013, the FRA confirmed that it did not have the authority to "either set or repudiate any definitions" of antisemitism. In November 2013, the FRA removed the definition from its website in "a clear-out of non-official documents"; a spokesperson stated at the time that "We are not aware of any official definition [of antisemitism]". In April 2016, Middle East Monitor reported that, in response to

22770-409: The textbooks aloud, while he tried to memorize the legal principles. Despite the difficulties, his academic work and memorization talents were impressive. He graduated in 1877 as valedictorian and was elected to Phi Beta Kappa . Brandeis achieved the highest grade point average in the history of the school, a record that stood for eight decades. Brandeis said of that period: "Those years were among

22935-507: The university attempted to push back against the allegations of anti-Semitism; university President Suresh Garimella stated that “the uninformed narrative published this week has been harmful to UVM” and that the investigation “painted our community in a patently false light.” In April 2023, the Education Department’s Office for Civil Rights (OCR) identified areas of concern within the university’s policies that “...have allowed

23100-406: The university fostered a hostile environment for Jewish students, and did not respond adequately to anti-Semitic incidents. The complaint argued that students were excluded from organizations on campus for being Jewish, students threw rocks at a dorm that housed Jewish students, and that a teaching assistant bragged on social media about subtracting participation points from Jewish students. Initially,

23265-475: The wake of a landmark settlement with the federal government, there has been a remarkable evolution in visible support for Jewish students,” stated UVM Hillel Executive Director Matt Vogel. “We view [the Vermont agreement] as a success, and it’s our understanding that there’s been a dramatic difference on that campus as a result of the resolution,” remarked Kenneth L. Marcus. The Brandeis Center and co-counsel filed

23430-479: The water machines in the dining rooms which had SodaStream labels on them. The company producing the machines had been taken over by SodaStream which maintained a factory in the Israeli-occupied West Bank . A meeting was held with the students and Harvard University Dining Services (HUDS) on April 7, after which HUDS decided to stop buying more machines and to remove the labels on the ones they had. When

23595-651: The working definition. It would require the US Department of Education to refer to the definition in deciding if educational institutions had violated Title VI of the Civil Rights Act of 1964 by tolerating antisemitic harassment. It was passed in the Senate, and on 22 December 2016 it was referred to the United States House Judiciary Subcommittee on the Constitution and Civil Justice . This hearing

23760-445: The world, and man, under the refining influence of culture, has become more sensitive to publicity, so that solitude and privacy have become more essential to the individual; but modern enterprise and invention have, through invasions upon his privacy, subjected him to mental pain and distress, far greater than could be inflicted by mere bodily injury. Legal historian Wayne McIntosh wrote that "the privacy tort of Brandeis and Warren set

23925-458: The writings of Goethe and Schiller , and his favorite composers were Beethoven and Schumann . In their religious beliefs, although his family was Jewish, only his extended family practiced a more conservative form of Judaism, while his parents practiced the split-off movement of Frankism . They celebrated the main Christian holidays along with most of their community, treating Christmas as

24090-706: The youngest of four children. His Frankist parents were immigrants from Bohemia (now in the Czech Republic ), who raised him in a secular Jewish household. His parents, Adolph Brandeis and Frederika Dembitz, both of whom were Frankist Jews , immigrated to the United States from their childhood homes in Prague , Bohemia (then part of the Austrian Empire ). They emigrated as part of their extended families for both economic and political reasons. His extended family included Dante scholar Irma Brandeis , whose father

24255-506: Was "supportive of the definition", it "did not consider the illustrative examples that followed to be an integral part of the definition". Cyprus was the seventeenth country to adopt the IHRA definition (December 2019) as a useful guidance tool in education and training. Italy adopted the IHRA definition in January 2020, and appointed Professor Milena Santerini as national coordinator against antisemitism. Serbia and Argentina adopted

24420-565: Was Brandeis' second cousin. The Revolutions of 1848 had produced a series of political upheavals and the families, though politically liberal and sympathetic to the rebels, were shocked by the antisemitic riots that erupted in Prague while the rebels controlled it. In addition, the Habsburg Empire had imposed business taxes on Jews. Family elders sent Adolph Brandeis to America to observe and prepare for his family's possible emigration. He spent

24585-458: Was a terrorist, and that "You people bombed Paris." Following the incident, LDB sent a letter to San Diego State University President Elliot Hirshman and Chief Diversity Officer Aaron I. Bruce, expressing concern over the incident, and urging SDSU to take immediate action in response. The Milan Chatterjee affair was a controversy on University of California, Los Angeles (UCLA) over the President of

24750-438: Was an interest in personal integrity, "the right to be let alone," that ought to be secured against invasion except for some compelling reason of public welfare. Brandeis saw emotions as a positive expression of human nature, and so desired privacy protection for them as protection against repression of the human spirit. Between 1888 and 1890, Brandeis and his law partner, Samuel Warren, wrote three scholarly articles published in

24915-519: Was appointed law clerk to Horace Gray , the chief justice of the Massachusetts Supreme Court , where he worked for two years. He was admitted to the Massachusetts bar without taking an examination, which he later wrote to his brother, was "contrary to all principle and precedent." According to Klebanow and Jonas, "the speed with which he was admitted probably was due to his high standing with his former professors at Harvard Law, as well as to

25080-507: Was creating mammoth companies, which he felt threatened the well-being of millions of Americans. Although the Sherman Antitrust Act was enacted in 1890, it was not until the 20th century that there was any major effort to apply it. EUMC Working Definition of Antisemitism The working definition of antisemitism , also called the International Holocaust Remembrance Alliance definition of antisemitism or IHRA definition ,

25245-532: Was dangerous because he was incorruptible ... [and] the fears of the Establishment were greater because Brandeis was the first Jew to be named to the Court." On June 1, 1916, he was confirmed by the Senate by a vote of 47 to 22, to become one of the most famous and influential figures ever to serve on the high court. His opinions were, according to legal scholars, some of the "greatest defenses" of freedom of speech and

25410-531: Was filed with the U.S. Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing. The Brandeis Center claimed that Stanford University's CAPS DEI program perpetuated a "hostile environment and invidious discrimination" that the program was designed to eliminate. The complaint alleged that the DEI committee declined requests to address antisemitism in their trainings, even in

25575-461: Was held on 7 November 2017; it "took a heated turn" as four of the nine witnesses argued that the definition infringes on freedom of speech regarding Israel. On 23 May 2018, the same bills were reintroduced with minor amendments. On 24 July 2018 they were referred again to the Subcommittee on the Constitution and Civil Justice. The Bill was criticised as an attack on free speech, including by

25740-468: Was made "without formal review", and remained a working draft, until November 2013 when the EUMC's successor agency, the Fundamental Rights Agency (FRA), removed it from its website in "a clear-out of non-official documents". The working definition was adopted by the IHRA Plenary (consisting of representatives from 31 countries) in Bucharest , Romania , on 26 May 2016. It was subsequently accepted by

25905-475: Was promoted by the AJC, other American Jewish organizations, national Jewish representative bodies, Jewish defence organizations, the Israeli government , pro-Israel advocacy groups, and was approved by the OSCE and other pan-European organizations. According to Lerman, the EUMC working definition was widely criticized and the organization was put under pressure by supporters and critics of the definition. In 2008,

26070-515: Was reviewed and decided upon" by the plenary. In the press release announcing the adoption of the definition, along with the definition itself, were listed the same eleven examples that featured in the EUMC definition, which the IRHA stated would be used to guide it in its work. After the caveat, "taking into account the overall context", the examples of what could constitute antisemitism include "Accusing Jewish citizens of being more loyal to Israel, or to

26235-492: Was shared by Rep. Sara Jacobs (D-San Diego), who is Jewish, who said the bill "fails to effectively address the very real rise of antisemitism, all while defunding colleges and universities across the country and punishing many, if not all, of the non-violent protestors speaking out against the Israeli military’s conduct." The bill must now pass the Senate. More than 1,200 Jewish scholars have petitioned President Biden not to approve

26400-706: Was the daughter of Joseph Goldmark , a physician who had immigrated to America from Austria-Hungary after the collapse of the Revolution of 1848 . They were married on March 23, 1891, at the home of her parents in New York City in a civil ceremony. The newlywed couple moved into a modest home in Boston's Beacon Hill district and had two daughters, Susan Brandeis Gilbert, born in 1893, and Elizabeth Brandeis Rauschenbush, born in 1896. Alice supported her husband's resolve to devote most of his time to public causes. The Brandeis family "lived well but without extravagance." With

26565-514: Was then followed by a list of illustrative examples, including five examples of the ways in which antisemitism manifests itself with regard to the State of Israel. According to both Marcus and Antony Lerman , the novel element in the draft definition was identifying certain forms of criticism of Israel and Zionism as antisemitic, and Marcus also highlights the " praxeological " nature of the definition and its examples, i.e. its focus on pragmatic identification rather than scholarly understanding. At

26730-511: Was to "provide a guide for identifying incidents, collecting data and supporting the implementation and enforcement of legislation dealing with antisemitism", and the working definition stated: "Antisemitism is a certain perception of Jews , which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities." The definition included

26895-449: Was to monitor different forms of racism and xenophobia. In 2002, it published a large-scale monitoring report on Islamophobia since 9/11 , including a total of 75 reports, 15 from each member state and a synthesis report. This was to be followed by a comparable report on antisemitism. A report entitled Manifestations of antisemitism in the EU 2002–2003 was published in May 2004, along with

27060-464: Was undergoing a change of method from the traditional, memorization-reliant, "black-letter" case law, to a more flexible and interactive Socratic method , using the casebook method to instruct students in legal reasoning. Brandeis easily adapted to the new methods, becoming active in class discussions, and joined the Pow-Wow club, similar to today's moot courts in law school, which gave him experience in

27225-562: Was wrongly suspended without pay, but that the letter of discipline against her should stand. In response to numerous allegations of antisemitic behavior at the University of Illinois-Urbana Champaign (UIUC), in March 2020, a complaint was filed with the Department of Education's Office for Civil Rights (OCR). This complaint, on behalf of the Jewish students at the university, was filed by the Louis D. Brandeis Center for Human Rights Under Law and Arnold & Porter Kaye Scholer LLP in collaboration with

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