The Volokh Conspiracy
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A Paradoxical Defense of Berkeley Law School
Two 2019 alumni of Berkeley Law School, Nir Maoz and Olivia Wittels, are concerned that the recent attention given to the "no speakers who support Israel's existence" rule adopted by nine student groups at the law school is giving people a false impression of the school. Jewish and Zionist students at Berkeley Law, they write, are thriving. They describe their own experiences in support of that claim.
I don't doubt they are right about the thriving part, but after I finished the article I wound up more concerned about the environment at Berkeley Law than I was before I read it. Sometimes, incidents like the current speaker boycott are short-term phenomena, spurred by an especially charismatic student activist who temporarily rallies other groups to his side. But Maoz and Wittel's article suggests that the problem is much more deep-rooted and longstanding. They write: "We won't deny that in our three years at Berkeley Law, we experienced a number of antisemitic incidents that contributed to what was, at times, a hostile climate for many Jewish students."
They don't describe what these incidents were, but I find it striking that in a defense of their alma mater, with perhaps the most "progressive" student body of any law school, they describe antisemitism sufficiently serious to at times create a hostile environment. Good for them for not letting it interfere with their activism, nor for falling into a victim mentality. But something seems to be seriously amiss at Berkeley Law.
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For conservative students too, going way back:
https://www.amazon.com/exec/obidos/ASIN/0966994000/reasonmagazinea-20/
Just a coincidence, I'm sure.
Prof. Bernstein: "Good for them for not letting it interfere with their activism, nor for falling into a victim mentality. But something seems to be seriously amiss at Berkeley Law."
Alumni Nir Maoz and Olivia Wittels: We both firmly believe that our experiences combatting antisemitism at Berkeley Law have made us better lawyers. While always open to honest dialogue and constructive discussion, we remain steadfast and unwavering advocates for what we know to be just and true. Mr. Marcus criticized Dean Chemerinsky for not taking action, yet if he took the time to talk to contemporary Jewish students, faculty, and staff at Berkeley Law, among so many others, he would see firsthand the tremendous achievements and success of this incredible group. The Jewish community at Berkeley is not defined by the discrimination that it faces; rather, it shines in the light of the opportunities that it provides for dialogue, learning, open-mindedness, and tolerance. We are proud to be Jewish, Zionist, Berkeley Law graduates.
I'll take their word that something is NOT seriously amiss at Berkely.
Something is not amiss only if you think being faced with persisitent antisemitism sometimes rising to the level of hostile environment is not "something amiss" because the students feel they overcame it.
Well at least you dropped "seriously."
"I’ll take their word that something is NOT seriously amiss at Berkely."
Now lets discuss a similar experience of black students. I doubt you'd be as sanguine.
Any antisemitism should have been stomped out by the administration, Jewish students shouldn't have to combat it.
There's no hypocrisy like the hypothetical kind.
Black Americans read this and figure 'a Republican with zero self-awareness says what?'
I would expect to learn after research that
(1) the Berkeley campus features substantial opposition to Israel's (a) immoral right-wing belligerence abroad and (b) cuddling with the Trump-white nationalist-movement conservative element closer to home
and
(2) some people don't like that opposition to disgusting conduct, and for one reason or another allege anti-Semitism.
If Berkeley bothers you, Professor, you ought to head into American's rural and southern stretches sometime and learn what your fellow Republicans are up to these days.
Carry on, clingers.
From The Big Bang Theory when Sheldon and Howard traveled to Texas together.
Sheldon Cooper : I thought you were waiting in the car.
Howard Wolowitz : That was an hour ago, Sheldon. A Jew sits in front of a house in Texas that long, For Sale signs start to go up.
"(2) some people don’t like that opposition to disgusting conduct, and for one reason or another allege anti-Semitism."
That is a Nazi conspiracy theory, Art. You've evidently been spending too long around here without a break to clear your mind of the poison.
Your comment is deeply antisemitic all-round, so maybe take a long look in the mirror too?
And it's worth nothing that many of the antisemitic memes that are wrapped up in criticism of Zionism come directly from overtly antisemitic "antizionist" campaigns launched by USSR propaganda agencies in the 1970s, which in turn infiltrated the far left. If Arthur doesn't think that regurgitating state-sponsored antisemitism is a problem, Arthur is the one with the issue.
I am content to let time sift this. If Israel doesn't stop engaging in right-wing belligerence and cuddling with America's conservative bigots and culture war losers, it will deserve the predictable consequences. If you think aligning Israel with the losing side of America's culture war and the wrong side of history is a good idea, keep it up and we will all observe the consequences.
I hope Israel improves.
Yes, that’s what the BDS movement is all about. They were fine so long as Israel was run by left-wingers like Ben-Gurion and Golda Meir, it was only when right-wingers took over and (supposedly) aligned with Trump that the BDS people woke up and realized that Zionism was wrong.
They will end their boycott as soon as Israel puts its socialists back in power and praises Biden.
Picking the wrong side in a fight has consequences.
As Israel and its right-wing fans seem determined to learn the hard way.
See you down that road apiece, clingers.
I really couldn’t care less what ‘side’ American culture war bigots pick. The problem is the BDS Holocaust deniers (and chums) pretending to be ‘antizionist’ but in fact being nakedly and virulently antisemitic.
ETA: 'I'm not antisemitic, just antizionist' is the new 'some of my best friends are black'. Can you think of anyone, anyone at all, who claims to be antizionist but isn't in fact obviously antisemitic? I'm yet to encounter one. Normally they are not only antisemitic, but full-on Nazi-useful-idiots, like Farrakhan and co.
We're going to get three million posts about Berkley students and zero about Todd Rokita, Tucker, or the other prominent right-wing defenders of Ye coming in AFTER he made an extremely hostile antisemitic tweet, aren't we?
Reason has defended him, along with loads of others. The Mel Gibson defence doesn't hold water, though. People don't go on antisemitic rants because they're bipolar. Bipolar people may rant, but only antisemitic ones rant antisemitically.
Yeah, it was quite predictable that Prof. Bernstein would dredge up another Berkeley or Yale angle rather than address the right-wingers steeped in "death con 3 JEWISH PEOPLE."
Prof. Volokh should be adding a Yale bit any minute now.
Nothing about the sedition trial, though. That does not seem to be "interesting" to "often libertarian" "libertarianish" law professors who associate with the likes of John Eastman, Jeffrey Clark, and the other un-American Federalist Societeers.
Carry on, clingers.
LawTalkingGuy, I did tweet about exactly this, but given that this is a law professor blog and our readership is very lawyer-heavy, there is perhaps a reason you will generally see more posts about what's going on in law schools, the legal academy, the courts, and the legal profession and fewer about things that are at best tangential.
Rokita is the attorney general of a state.
The Volokh Conspirators continue to try to wave away their polemically partisan, pathetic, and palty cultivation of the content at this white, male, right-wing blog, but it doesn't seem to work well.
Carry on, clingers.
If you want to get my fuller thoughts, you should follow me on Twitter.
David Bernstein
@ProfDBernstein
·
21h
Like liberals circling the wagons around left-wing haters of Israel and the Jews, Carlson and Owens are doing the same for West and for the same reason... legitimizing anti-Semitism is considered justified if it defends a political ally...
" our readership is very lawyer-heavy "
Have you ever read the comments?
Most of these bigoted, disaffected hayseeds are not lawyers. I doubt they are graduates of legitimate colleges and universities. I think this blog draws a lot of plumbers, retired police officers, and IT help deskers on the graveyard shift, planning to build on that one- or two-year associate's certificate one of these years.
In absence of any argument, the usual resort to whataboutism
There’s nothing to argue. The Berkeley situation is what it is. It’s just interesting that we get interminable posts about it and zero posts about a state AG papering over blatant antisemitism.
Once again, if you want my fuller thoughts, you should follow me on Twitter.
David Bernstein
@ProfDBernstein
·
Oct 9
Replying to
@AGToddRokita
Maybe if he hadn’t spewed crazy talk about Jews, “they” would have less of an opening?
It sounds like you're under the mistaken assumption that antisemitism has something to do with prejudice against Jews. But as we know from Professor Bernstein, *real* antisemitism is when you believe that Palestinians have human rights that Israel is bound to respect, and that its government should face any sort of consequences when it violates those rights. Ergo, Kanye and Rokita (like Orban, Bolsonaro, Le Pen, etc.) aren't real antisemites, because they "stand with Israel."
Guys like Prof. Bernstein are going to deprive Israel of American support, then wonder what happened and why.
"I find it striking that in a defense of their alma mater, with perhaps the most "progressive" student body of any law school, they describe antisemitism sufficiently serious to at times create a hostile environment"
Why? That sounds like what one would expect: a significantly lower level than is prevalent in society as a whole, but far from none at all.
Sanity spoils everyone's fun.
I haven't experienced in my own life antisemitism sufficiently serious to create a hostile environment since I was a kid. A sporadically hostile environment for Jews is not "significantly lower" than is prevalent in society as a whole, it's significantly higher.
Sounds like you don't spend much time in West Virginia, Alabama, or Oklahoma, at the Air Force Academy (another one you missed, professor), or in Republican committee meetings, Professor.
Or perhaps you are blinded by partisanship.
West Virginia's the place that Kirkland wanted to deport all Jews to. (Well, one of his two choices.)
You describe an offer of citizenship as deportation, clinger?
What is it with right-wingers and lack of comprehension?
David, you're apparently so overwhelmed by antisemitism that it has become normalised and you aren't even aware of it anymore.
There is no way that someone called David Bernstein can go through life without being frequently reminded of how many people - both left and right - believe the world works the way Hitler said.
No one on the real world gives a damn what happens at UC-anything, but especially Berkley.
The increasingly narrowly defined ‘real world.’
Can we stop all this hand wringing and just say out loud that lefty institutions are cesspits of antisemitism?
Lefty institutions are cesspits of antisemitism.
The Volokh Conspiracy is a bigot-hugging, bigot-infested, while, male, right-wing blog that regularly launches vile racial slurs and appeases an-American insurrectionists.
Where is the hope for America, ChrisC?
Have you talked to any of the Jewish folks who go to such institutions, or are on the left?
But sure, define antisemitism down and partisanize it. What could go wrong?
What could go wrong?
For the United States, not much (except we would save some cash and not be hamstrung at the United Nations nearly so often).
For the right-wing Israelis who nuzzle Trump, elect Netanyahu, abuse Palestinians and enable the settlers . . . just about everything.
This seems like the typical resilient anti-fragile Israeli mindset: yes the house is burning down, but if you just wave your hands a little the smoke near you dissipates.
OK, I read the article...
One of the authors is with AIPAC, which is about as Zionist as you can get.
They cited numerous events at the school with lots of Jewish involvement with the support of the administration.
It would seem from the article that the anti-Semitism problem doesn't come from the administration but from certain loud - and regrettably influential - students.
"It would seem from the article that the anti-Semitism problem doesn’t come from the administration but from certain loud – and regrettably influential – students."
No one suggested that the antisemitism comes from the administration.
Say hi to Kanye for me at the next wingnut conference, professor!
Oh, I thought this would be about how to defend Berkeley Law despite the fact they still employ John Yoo.
If you get lemons, make lemonade. If the anti-Semitic – excuse me, anti-*Zionist* students – are hassling you, you can learn to fight back – a skill which may sadly be needed outside of school as well.