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REGISTRATION:
Registration for this event ended.
EVENT DESCRIPTION:
Antisemitism is more than a hatred and a practice -- it's legal phenomenon. Join legal scholars and experts at the Law vs. Antisemitism Inaugural Conference as they discuss how law has been used both to perpetrate and to combat antisemitism, historically and today. US law in particular has been used to fight antisemitism through the constitutional separation of church and state, anti-discrimination laws, and “hate crimes” laws, among other means. Despite these laws, there has been a recent resurgence in anti-Jewish violence and antisemitism more generally, ranging from online hate speech to cemetery desecration to attacks on synagogues. What does this tell us about the efficacy of law in combating antisemitism?
The Conference will be held at IU Robert H. McKinney School of Law on March 14-15, 2022, and will be broadcast live online. It will consist of the panels and speakers listed below. It is hosted by IU McKinney and the Indiana Journal of Law and Social Equality. The Conference conveners are Robert Katz, IU McKinney Professor of Law and John S. Grimes Fellow and Prof. Diane Klein, Visiting Professor of Law (remote), Southern University Law Center. The Conference is presented by the Law vs. Antisemitism Project, a nonprofit organization founded by Professors Katz and Klein.
The Conference is sponsored by the Indiana State Bar Association, the Indianapolis Bar Association, and the IUPUI Jewish Faculty and Staff Council. Additional support is provided by Cohen & Malad, LLP, Hoover Hull Turner LLP, Ice Miller LLP, the Indianapolis Jewish Community Relations Council, Katz Korin Cunningham PC, Kosene & Kosene Development Co., Mitchell Dick McNelis LLC, and the Academic Engagement Network (AEN). Breakfast and lunch provided by Bagel Fair and Shapiro's Delicatessen.
Playlist of all recorded sessions
AGENDA(S):
MONDAY, MARCH 14, 2022
Split Schedule: All of the Monday "A" and "P" sessions were offered IN PERSON WITH CLE
The "A" (room A) and "P" (plenary) events are in the first column after the time column below.
IU Robert H. McKinney School of Law, Inlow Hall, Wynne Courtroom
530 W New York Street, Indianapolis, IN 46202
VIRTUAL WEBINAR options were offered WITH NO CLE
Monday's in-person content was also available virtually, but not for CLE credit
*Note: all times are Eastern Daylight Savings Time
8:00 - 8:45am |
Registration/Breakfast
Continental Breakfast donated by Bagel Fair |
8:45 - 9:05am |
WELCOME REMARKS:
IUPUI, Robert H. McKinney School of Law, and Bar Associations
Zoom Recording
- Robert Katz, Conference Convener, Professor of Law, IU McKinney School of Law
- Karen Dace, Ph.D., IUPUI Vice Chancellor for Diversity, Equity and Inclusion
- Michael J. Pitts, J.D., Vice Dean, IU McKinney School of Law
- Amanda Siegel, J.D., Ph.D., IUPUI Jewish Faculty and Staff Council
- Clayton Miller, J.D., President, Indiana State Bar Association
- Rebecca W. Geyer, J.D., President, Indianapolis Bar Association
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9:05 - 10:05am |
M-1P: PLENARY SESSION 1 – What is Antisemitism?
Zoom Recording
- Introduction by Diane Klein, Visiting Professor of Law (Remote), Southern University Law Center
- Derek Penslar, “What is antisemitism? Comparing the IHRA, Nexus, and Jerusalem Declaration Definitions”, William Lee Frost Professor of Jewish History, Harvard University
|
10:05 - 10:15am |
Morning Break |
10:15 - 11:15am |
M-2A: Fighting Antisemitism: The View from Indiana & The Midwest
Zoom Recording
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M-2B: Jews and the Legal Profession in Europe Before WWII
Zoom Recording
- Moderator: Eli Wald (University of Denver, Strum College of Law)
- Barbara Lorenz, “Between Austria and the United States: The Life of Marianne Beth (1890-1984), the First Female Austrian Lawyer” (University of Graz (Austria))
Presentation Materials
- Péter Buchmüller, “The Social and Intellectual History of the Hungarian Far-Right Association of Lawyers” (Central European University (Austria))
|
11:15am - 12:00pm |
LUNCH Break
Lunch donated by Shapiro's Delicatessen |
12:00pm - 1:00pm |
M-3P: PLENARY SESSION - Antisemitism: A View From The Bench
Zoom Recording
- The Hon. Randall Shepard, Chief Justice (ret.), Indiana Supreme Court, “Using State Law and State Constitutions to Fight Antisemitism”
- Introduction by Hon. Ezra Friedlander, Senior Judge, Indiana Court of Appeals
- Moderator: Robert Katz (IU McKinney School of Law)
|
1:00 - 1:15pm |
1st Afternoon Break |
1:15 - 2:15pm |
M-4A: Post-Holocaust Litigation and Reparations
Zoom Recording
|
M-4B: International Boycotts of Israel
No Recording
- Moderator: Miriam Elman (Syracuse University and the Academic Engagement Network)
- Bashar Malkawi, “The League of Arab States Trade Boycott of Israel: Impractical and Unjust” (University of Arizona, James E. Rogers College of Law)
Presentation Materials
- Batsheva Neuer, “Is Israel A Superpower?” (Hebrew University of Jerusalem)
- Monika Polzin, “Wine and Prejudice: The Psagot Case” (Wirtschaftsuniversität Wien (Austria))
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2:15 - 2:30pm |
2nd Afternoon Break |
2:30 - 3:30pm |
M-5A: Jews in American Courts in the Late 19th/Early 20th Century
Zoom Recording
- Moderator: Robert Katz (IU McKinney School of Law)
- Britt Tevis, “The Ubiquitous Jewish Shyster and the Myth of Disproportionality" (IU Bloomington)
- Mia Brett, “‘The Oath of a Jew’: Anti-Jewish Bigotry and Stereotypes in Criminal Courtrooms in the United States” (independent scholar)
- David Schraub, "Epistemic Antisemitism” (Lewis & Clark School of Law)
Presentation Materials
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M-5B: Author Meets Reader: Real Americans (2021)
Zoom Recording
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3:30 - 3:45pm |
Final Afternoon Break |
3:45 - 4:45pm |
M-6A: Hate Speech and Its Regulation Under the 1st Amendment
Zoom Recording
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M-6B: Jews Fighting Antisemitism in Post-WWII America
Zoom Recording
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TUESDAY, MARCH 15, 2022
*Note all times are Eastern Daylight Savings Time
9:00 - 9:50am |
T-1A: Jews and Adoption Law
Zoom Recording
- Moderator: Robert Katz (IU McKinney School of Law)
- Elizabeth Katz, “Religion and Child Welfare Placements” (Washington University St. Louis School of Law)
- Diane Kunz, “Adopting While Jewish: Discrimination Against U.S. Jewish Potential Adoptive Parents, 1945-2016” (Duke University Center for Adoption Policy)
Presentation Materials
|
T-1B: Protecting Jews Under UK Civil Rights Law
Zoom Recording
- Moderator: David Fraser (University of Nottingham, UK)
- Lesley Klaff, “The Legal Construction of Jewish Identity as a ‘Protected Characteristic’ in Section 26 Equality Act 2010 (UK)” (Sheffield Hallam (UK))
- Clément Labi, “Are Jews Protected as an ‘Ethnic,’ A ‘Religious’ or an ‘Ethnoreligious’ Group in the Eyes of UK Civil Rights Law?” (University of Luxembourg)
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9:50 - 10:00am |
Break |
|
10:00 - 11:00am |
T-2A: German Law, Then and Now
Zoom Recording
|
T-2B: Looking (Too) Jewish: Antisemitism and Visual Representations of Jewish Identity
No Recording
- Moderator: Diane Klein (Southern University Law Center)
- Jonah Rank, “In Fashions & Out Fashions: Jewish Textual and Communal Responses to the Illegalization of Appearing Jewish” (Education Director at Kehilat HaNahar, Pennsylvania)
Presentation Materials
- Michael Zanger-Tishler, Ph.D. candidate, “Which Jews Can Be ‘Unknown’ in Their Jewishness? Expectations and Experiences of Antisemitism” (Harvard University)
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11:00 - 11:10am |
Break |
|
11:10am - 12:40pm |
T-3A: Antisemitism on College Campuses: Legal and Non-Legal Interventions
Zoom Recording
- Moderator: Shawn Boyne
- Miriam F. Elman, “BDS as a Threat to Academic Freedom and Campus Free Speech in the U.S.” (Syracuse University and the Academic Engagement Network)
Presentation Materials
- Daniel Gordon, “Academic Freedom and the Limits of Law in Combating Antisemitism on Campus” (University of Massachusetts Amherst
Presentation Materials
- Mattie Harris, “Experimental Estimates of the Impacts of a Study Abroad Program to Israel on Perceptions and Knowledge of Antisemitism” (University of Arkansas)
Presentation Materials
- Ethan Katz, “Antisemitism in Our Midst: Past and Present” (University of California Berkeley)
- Kenneth L. Marcus, “The Federal Government’s Role in Combating Antisemitism on Campus” (Louis D. Brandeis Center for Human Rights Under Law)
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T-3B: Anti-Zionism and Antisemitism
Zoom Recording
- Moderator: Derek Penslar (Harvard University)
- Assaf Derri, “Combating Anti-Semitism Through Improved Understanding of the Law of Self-Determination” (College of Management Academic Studies, Rishon Lezion Israel)
- Mark Goldfeder, “Antisemitism and Anti-Zionism” (American Center for Law and Justice)
- Kenneth Stern, “Anti-Zionism, Antisemitism, and the Fallacy of Bright Lines” (Bard College)
- Russell Shalev, “Anti-Zionism and Critical Race Theory” (Kohelet Policy Forum, Israel)
Presentation Materials
- Lothar Zechlin, “Anti-Semitism and Criticism of Israel. A Sensitive Distinction in the Light of German and International Jurisprudence” (Universität Duisburg Essen (Germany))
Presentation Materials
- Stephen Zunes, “Anti-Semitism and the Palestine Solidarity Movement: What’s Real, What’s Not, and Why It Matters” (University of San Francisco)
Presentation Materials
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12:40 - 1:40pm |
LUNCH Break |
|
1:40 - 2:50pm |
T-4A: Antisemitism and the First Amendment Religion Clauses: Theory and Practice
Zoom Recording
- Moderator: Andy Klein (IUPUI Interim Chancellor, IU McKinney School of Law)
- Stephen Feldman, “A Brief History of Changing Conservative (Judicial) Politics, and the Transformation of Supreme Court Religious Freedom Cases” (University of Wyoming College of Law)
- Robert Katz, "The Cincinnati Bible War of 1869 and the Origins of the Separationist Creed" (IU McKinney School of Law)
Presentation Materials
- Yitzhak Mor, “Catholic Neo-Conservative Criticism of the Jewish ‘Separationist Faith’: Antisemitism and the First Amendment to the Constitution” (Hebrew University of Jerusalem)
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T-4B: No Space for Jews [Jews and Public Accommodations/Zoning Law]
Zoom Recording
- Moderator: Diane Klein (Southern University Law Center)
- Britt Tevis, “Reincorporating American Jews into Public Accommodations Scholarship” (IU Bloomington)
- Michael Lewyn, “Avoiding Zoning Conflicts Through ‘Smart Growth’ Strategies For Haredim” (Touro Law Center)
Presentation Materials
- Alan Weinstein, “The Use of Zoning and Land-Use Law by and against Jewish Communities, The Regulation of Physical Space for Jews in America” (Cleveland Marshall College of Law, Cleveland State University (emeritus))
Presentation Materials
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2:50 - 3:00pm |
Break |
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3:00 - 4:20pm |
T-5A: Using Law Against Antisemitic Speech
Zoom Recording
- Moderator: Robert Katz (IU McKinney School of Law)
- Victoria Woeste, “The Henry Ford Libel Trial, the International Jew, the Protocols, and ‘fake news’” (independent scholar)
- Carol King and Gaylen Ross, “Sapiro: The Jew Who Sued Henry Ford”
https://vimeo.com/579453503
- David Fraser, “People v. Edmonson (N.Y. 1938): Criminal Libel as a Strategy of Jewish Legal Self-Defense Against Antisemitic Nazi Speech” (University of Nottingham, UK)
Presentation Materials
- Tanya Gersh, “Tanya Gersh v. Andrew Anglin, Publisher of the Daily Stormer (D. Montana 2018)”
"Then They Came For Us" Trailer
- Peter Simi, Expert Witness in Sines v. Kessler (Chapman University)
Presentation Materials
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T-5B: Critical Race Theory (CRT), Jews, and Antisemitism
Zoom Recording
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4:20 - 4:30pm |
Break |
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4:30 - 5:45pm |
T-6P: PLENARY SESSION 3: Blind Justice in the Golden Land & CLOSING REMARKS
Zoom Recording
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PARKING:
Parking for Attendees: Please note that parking is available for a nominal fee at the campus Gateway Garage, located on the corner of Michigan and California Streets (Address is 525 Blackford Street). Parking is also available for a nominal fee at the Natatorium Garage two blocks west of the law school.
Parking for Presenters: Additional information about parking on campus will be sent to presenters after registration.