Association of Jewish Studies, Day 1: Dreyfus Postcards, DEI and Antisemitism, and Daughters’ Inheritance

As hinted in various posts, my big professional pivot has been in the works for a while. This year I started my rabbinical studies at the International Institute of Secular Humanistic Judaism (IISHJ). IISHJ requires all its rabbis to complete an advanced degree in Jewish Studies, which brought me to the Graduate Theological Union’s Richard S. Dinner Center for Jewish Studies. In addition to my full-time work, I’m studying full time for a masters degree, and this week I finished the first semester. My plan is to pivot my scholarship at UC Law SF toward Jewish law and Jewish studies, and I have big plans for fostering and encouraging a vibrant academic Jewish legal experience on campus. After retirement from legal academia, I plan to turn to rabbinical work full time.

Today marks an important milestone: I attended my first-ever annual meeting of the Association for Jewish Studies which, conveniently, is being held in San Francisco. I’m not presenting anything–my two brand-new papers haven’t been submitted for publication yet–and it’s been a great experience to listen, rather than talk! Getting into a new field requires quite a bit of humility, and I confess to being overwhelmed when I visited the huge book exhibit and saw the vast wealth of knowledge and original research. It’s daunting and, at the same time, exciting to join such a prolific enterprise, and I wonder what I can contribute to this flourishing field.

I started my day with a panel on visual representations of violence, in which Louis Kaplan introduced us to the work of photographer John Guttman. Trained as an expressionist painter, Guttman switched to photography when he figured that he would not be able to leave Berlin with money, but would be allowed to take expensive equipment out of the country. He bought a wonderful camera and somehow persuaded a German news agency to be their foreign correspondent in San Francisco… and ended up in a gorgeous apartment in Russian Hill. From Tara Kohn we learned about how archival gaps and absences affect our ability to learn about photography–in this case the work of Alter Kacyzne, who documented Jewish life in Poland in the 1920s and 1930s. Only 700 of Alter’s many photographs are in existence–but evidence of their existence exists in copies and references, as if they were fossils. But the most interesting bit, to me, was Karine Macarez’s presentation of… postcards, posters, and trading cards about the Dreyfus Affair! In my work on true crime podcasts, I always think about Marshall McLuhan’s The Medium Is the Message reminder, but here is proof that participatory, sensationalist true crime engagement–complete with wrongful conviction activism–existed through the creation, sale, and exchange of these postcards, which are rife not only with antisemitic tropes (used both straightforwardly, as in the case of Dreyfus’s maligners, and ironically, by the Dreyfusards) but also with actual forensic evidence: people would buy and collect postcards bearing Dreyfus and Esterhazy’s handwriting.

After lunch, I attended a panel in which Amy Simon (Michigan State), Greg Drinkwater (Berkeley), Nathan Paradise (Minnesota), and Lauren Strauss (American) spoke of their activism–unpaid, emotionally taxing, and exhausting work–to include Jewish concerns and marginalization in the academic curriculum, especially after the Hamas massacre and the eruption of the war. The session was very well attended–standing room only–and offered some thoughts about whether, and to what extent, Jewish issues (including antisemitism) can and should fit in a DEI framework. Lots of useful takeaways, including the huge variation among campuses not only in policies and curricula but also in the interpersonal relationships between the different personages: campus administration, ethnic studies folks (often, but not always, a department devoid of Jewish voices), Jewish studies departments (which are not supposed to be advocacy centers but sometimes become such), Islamic studies departments and colleagues (who sometimes form great coalitions) and the student body (including a big conversation about the extent to which TikTok and the like shape young minds before they even come to college.) It was a great conversation which, while not offering a ton of hope, offered some interesting perspectives and ideas to try, and made me feel a lot less alone than before. I also plan to read Kenneth Stern’s The Conflict Over the Conflict (and will post a review soon.)

I then got to hear a fabulous roundtable about women and biblical law, featuring several interesting projects. Yael Landman, who uses a law-and-literature lens, discussed women’s property rights, especially regarding daughters’ dowries and inheritance; Samantha Rainford, who also studies inheritance roles, highlighted how the the daughters of Zelophechad had to be legally “made into men” in order for their inheritance to fit into the patriarchal lens. GTU’s very own Jennifer Lehmann studies maleness and masculinity in the Bible; as she explains, while men have been the focus of Biblical literature, only recently have they been studied through a gendered lens. She discussed two fascinating examples: Jacob’s sexuality in the Leah/Rachel bait-and-switch, and Joseph’s sexual victimization at Potiphar’s house (including issues of sexual servitude–and comparisons with Hagar.) And Sarah Shechtman discussed embodiment in biblical ritual.

I learned a ton, bought a heavily discounted set of the Bavli with English translation, and I hope made some new friends. Back tomorrow for more!

The Israeli “Brain Drain” Will Not Reverse Itself Anytime Soon

Yesterday I read an op-ed by Aaron Ciechanover, Chemistry Nobel Laureate for 2004, in which he addresses the growing antisemitic crisis in American universities. Opining about the Harvard/MIT/Penn presidents’ hearing, he has many harsh words for these universities not only as morally compromised, but also as poor places for research to flourish. Unfortunately, the Ha’aretz website does not offer a translation to English, but I’ve translated a relevant part:

A university’s duty is to protect the truth. Nobel Prizes cannot serve as a cover for lying, incitement, and calls to destroy a people and a country. The truth they represent cannot replace the demand for social, historical, and geopolitical truth, for equal morality, and especially for truth, which is a cornerstone of education. Education, not studying. On the difference between the two, which these administrations failed to understand, Einstein said, “education is what remains when we forget all the things we studied in school.”

We must not ignore the problematic aspect of these protests, which radiate to the international scientific collaborations of Israeli academy and, from there, to a negative influence on U.S.-Israel relations. Israel is becoming a cultural pariah. It is essential to use every measure to fight the protests–through Jewish donors and economic institutions led by Jews, or through dialogue with university leadership.

In other words: antisemitism is bad for science. But Ciechanover goes on to hypothesize about Israeli scientists and academics:

By the same token, an opportunity for Israel has opened. Israeli researchers who planned to return during the judicial overhaul sat on their suitcases or tried to look for jobs in the United States. The trend has reversed itself. Many want to come home. Moreover, senior Jewish scientists are looking, today, for a home in Israel–fleeing the rising tide of antisemitism, which hurts them and their children. If positions are found for them in Israeli research universities and in the Israeli tech industry, they will change the course of science and industry in Israel. “Amidst the hardship lives opportunity,” Einstein said. It must be used.

Even though Ciechanover is a gifted, eminent scientist, I have a sense that he is not basing this assumption on data. To be fair, I don’t have any solid data either (though I plan to collect some–I’ll share more as I get to work). I’ve had conversations with dozens of Israeli-American colleagues, many of them with kids, who are deeply distressed and keenly aware of the fact that, antisemitism-wise, things are not looking up for them or their families. I hear of several people in my immediate surroundings who flew home to visit and comfort family and friends and even to volunteer for the reserves or for much-needed agricultural work. But there’s a big difference between that and deciding, or even seriously considering, to permanently return to Israel. There are three main considerations against it, which Ciechanover probably knows all too well:

Personal and family safety. It used to be that the message marketed to diasporic Jews was that their “safe place” was Israel. Who, among those following the news, can still say that with a straight face? Not only has the horrific Oct. 7 massacre shattered any illusions that the government was properly and responsibly protecting its people, but the war is continuing to demand sacrifices (and take a huge toll on human life on both sides) and is anything but safe. Israel is a small country. Everyone I know knows people who have been murdered, raped, kidnapped. Everyone I know has close family members serving in the army. And many Israeli academics have children; the last thing they want for their kids is to be drafted into an irresponsible army, commanded by people their parents do not trust. It’s hard to convey how desperate this dead-end sense feels because public discourse in America has muddled the concept of “feeling unsafe” by equating it with “being upset because someone said something that didn’t sit well with me.” Believe me, Israelis know the difference. Going to work in American universities is supremely shitty these days, I grant you that, and I don’t mean to make light of people’s very real distress that they are losing not only [people they thought were] friends, but entire research networks. I feel the same way and am in the process of a fairly aggressive academic pivot for this very reason: I can no longer breathe the same air with many of the people in my field. But that is a tragedy of the soul, not a serious risk to the flesh, and people will put up with a lot of unpleasantness to provide for their families. Israeli scientists are keenly aware of the gaping chasm between being deeply unhappy at work and being slaughtered by homicidal monsters or sent to fight by a psychopathic career criminal and his trigger-happy messianic government, without a real sense that the people in charge have any idea what they are doing or care about their people. No one wants this for their kids or for themselves.

Political problems. This is of course closely related to the deeply worrisome collapse of Israel as a free, democratic country, a long process decades in the making, which intensified in the months before the massacre and the war through the frightening actions of Israel’s 37th government. I’ve written plenty about why hundreds of thousands of Israelis, including my mother and my late father, protested daily in the streets. Academics were a huge part of these protests; in every march I attended there were big contingents wearing t-shirts emblazoned with “without democracy there is no academy.” As one of the most prominent academic protesters, Ciechanover knows this all too well: he was one of the signatories on the Nobel Prize Winners letter against the regime overhaul, warning Netanyahu and his cronies that countries with no separation of powers or freedom of thought end up wrecking their research infrastructure. On one occasion, Ciechanover himself led 50,000 protesters in a march for democracy in Haifa (see image above). Political polls consistently show that academics in Israel were, and still are, among the staunchest resisters to Netanyahu’s agenda. Here in the U.S., academics, scientists, and tech workers are leading UnXeptable, a grassroots movement of expats supporting the Israeli protest movement. Not only have these problems not gone away; many of us see them as the cause for the military and intelligence failures that allowed the massacre to happen, clamor for Netanyahu’s resignation (shameless, despicable man; the buck never stops with him) and are deeply horrified by the atrocities that Ben Gvir’s goons are performing in Gaza and elsewhere, including the appalling murder of Yuval Castleman and a home-grown pogrom at a peaceful village. For many of us, the war has not quelled the spirit of the protest; au contraire, it has intensified its urgency.

Personal growth and prosperity. And all this is related to the fact that, for decades, Israeli governments did very little to encourage promising scientists to remain in the country. My colleagues and I were part of a huge brain drain. Lots of good people who are flourishing, publishing, winning grants and awards, and well respected in their fields, came here after years of subsisting on meager pay as postdocs without prospects in Israeli universities. A disproportionate number of PhDs in many areas, including STEM, means that most people cannot find a job in Israeli universities right away (or ever). University pay, for better or worse, is governed by a collective labor agreement that does not allow universities to pay competitive salaries or match competing offers people receive from universities outside Israel. Back in 2013, the New Yorker ran an explainer story showing that the growing economic distress in Israel–the fruit of Netanyahu’s systematic dismantlement of the welfare state and destruction of the middle class–mean that many people in their thirties and forties (such as academics with young families), in the face of stagnated wages and rising costs of life, were still being financially supported by their parents at an alarming rate. A study conducted in 2007 found that the migration rate of highly educated Israelis to the United States was among the highest of 28 countries examined – more than three times the average. The trend continues: according to this report from i24 News, as of 2022, academics had the highest rate of emigration from Israel at 7.8 percent, followed by physicians at a rate of 6.5 percent. Numerous people I have talked to lately, including folks of serious caliber and international renown, are still looking for the way out.

In other words, I suspect that the growing isolation of Israeli academia and academics abroad is an unmitigated problem, which does not harbor an opportunity to reverse the brain drain. Many of us feel patriotic sentiments, which are bolstered by the ugliness we experience from our surroundings. I don’t mean to belittle that. But we also have a responsibility to our families, and we also understand that living under this government in the aftermath of this horror–if there will ever be an aftermath–is not sustainable. Colleagues working in Europe in the 1930s felt the creeping limitations, followed by expulsions, that we feel; but the alternative they had was to flee to America, whereas our alternative would be to flee–where exactly? One of Ehud Manor’s most beloved songs, written about the War of Attrition (in which my father was injured), is called “I don’t have another country.” For those of us living in diaspora, I don’t feel like we have any country.

What We Learned and Didn’t Learn from the House Education Committee Hearing on Campus Climate

Yesterday (Tue), the House Education Committee summoned the Presidents of Harvard, Penn and MIT to a hearing pertaining to antisemitism on their campuses. “Hearing” is a more apt term than “listening,” because none of the latter took place. The Washington Post has a transcript of some of the conversation, which you can read to form your own impressions.

I think it’s obvious from the transcripts that the responses are pathetically vague and circular. The presidents attempt to yammer about free speech when confronted with issues pertaining to real harm to the students and are utterly unable to offer guarantees that might reassure parents that their students are not at risk of being assaulted and threatened. I hardly think anyone can seriously waffle around the fact that Jews and Israelis are experiencing acute anguish on university campuses, and the sorry excuses offered are an abdication of responsibility. Free speech is not the ultimate defense to all this, because much of what has occurred–threats, assaults, exclusions, restrictive policies, loyalty oath demands, etc.,–goes far beyond the question of government restrictions on speech. It also goes, at least in the case of these private institutions, to the question of monetary institutional support (which is also “speech”) and to the question of university presidents’ failure to condemn hateful rhetoric (which would also be a use of free speech.) At the same time, anyone looking for real, substantial answers for this problem would not find them at the committee hearing.because it was run like an inquisition rather than an effort to learn and educate.

If I were running the hearing and were truly interested in learning more about why campus climate in the Ivies and elsewhere is so noxious, here is what I would want to know: How are the mental health and support services on campus structured, and when do they address community issues rather than just personal challenges? How are decisions about funding research and teaching centers made, particularly the ones with stances and interests on the Israeli-Palestinian conflict? How are student clubs established, and under which conditions do they receive funding from the school? Notwithstanding academic freedom, do faculty receive any training about what is and is not legitimate grounds to end class (e.g., to participate in a partisan protest but perhaps not for a counterprotest)? Are there guidelines and regulations about circumstances that merit all-campus addresses and emails from university leadership? from school deans? from department chairs? If there are, do they apply equally to all political standpoints? Do presidents and chancellors comment freely on world events whether or not they are related to campus life? When protests happen on campus, who approves them, and what is the process? Is campus police involved, and to what extent? Does campus police liaise with the municipal police department in these situations? If a student is assaulted, or falls victim to some other hate crime, who investigates the complaint?

Piecing together the picture of campus climate is a complicated, multi-factor endeavor. And Elise Stefanik didn’t do it, not because she couldn’t, but because she didn’t want to. Generally speaking, running a hearing like this in the style of a cross examination does not reflect an intent to receive in-depth answers to difficult questions; in this case, I speculate that it was designed to supply sound bites of academics looking like clowns for the Trump 2024 campaign.

Animal Bystanders in Human Armed Conflict

Among the challenges and dilemmas faced by activist groups is the question how to strike a proper balance between advancing the group’s particular goal and fostering solidarity with other groups. Animal rights organizations are no different. Questions of coalitions and fractures come up all the time, be it the issue of financial and sexual misbehavior of leadership or concerns about outreach to other leftie organizations, who may misperceive the animal liberation struggle as trite concentration on “first-world problems.” Some efforts to bridge these conflicts make a lot of sense by pointing out similarities between some animal struggles and human struggles: Karen Morin’s work comparing cattle towns to prison towns is a worthy effort, as is the consensus-building work between animal rights activists and slaughterhouse workers; after all, working in a cruel industry harms the human workers as well as the animals.

But the strong emotions evoked by human armed conflict can lead animal rights organizations to choices that reflect, at best, organizational shortsightedness. One classic example is the political diversity of the ideologically engaged, dedicated, and successful Israeli vegan movement. About a decade ago, a lecture by animal rights activist Gary Yourofsky went viral, converting many Israelis across the political spectrum to veganism. Some important U.S. animal rights actions (such as a kaparos intervention in New York on behalf of roosters, which I played a small part in by providing legal advice) were guided by Israeli activists. Some of the most powerful interventions against the factory farm industry were conducted by entrepreneurial Israeli animal liberationists.

By the same token, it turns out that some of these folks, as they fight against the caging and slaughter of animals, simultaneously see the occupation is a-ok, which is a bone of contention in the Israeli activist scene. When activist leader Tal Gilboa quickly linked hands with the Netanyahu government after rumors of her unsavory leadership in the animal rights movement spread, many vegan communities were torn asunder, and with good reason.

But what really takes the cake is this week’s romance between DxE, an organization that has benefitted for many years from my energy and expertise, and… Hamas, a well-known animal rights organization (caution: the footage in the link is harrowing). DxE Bay Area issued a call to participate in one of the loony city council meetings issuing statements of solidarity.

Just to get a sense of what happens at these city council meetings that animal rights activists were so eager to attend, here’s an assortment of nutty comments from my fellow citizens, some of whom call Hamas “the armed wing of unified Palestinian resistance.”

Examples of the terrorists’ cruelty to the animals living in the kibbutzim they rampaged through abound: slaughtered dogs and cats, lost animals in search of their murdered human family members. Total devastation. Mia Leimberg, pictured above, was kidnapped from her home with her dog, Bella. When the terrorists realized Bella was a living being, rather than a doll, they wanted to take her away from Mia. But Mia protected her dog, shared her meagre rations with her, and insisted on remaining with her to the end, even as Hamas terrorists tried to take the dog away from her as she was being released. Stories of released hostages reuniting with their dogs are heartwarming – virtually every hostage has family members still in captivity, and to encounter their pets on the outside must offer so much comfort to their bruised hearts.

Released hostage Amit Susana with her dog Sunny
Released hostage Emily Hand (9) with her dog Schnitzel
The Brodech kids reuniting with Rodney after their release from captivity
Moran Yanai, who took care of many animals, reuniting with her dog
Released hostage Rimon Kirscht with her dog, Tovah

It’s easy to dismiss a lot of the DxE idiocy on this topic as a generational issue. Many activists are very young; moreover, all around me I see evidence that, from a moral maturity standpoint, 40 is the new 20, and in activism circles in particular absolutist thinking is very common. But since doubling down on this topic, the movement is losing allies left and right, not only their many Jewish (former) members, and notably, when I wrote to admonish the organizational leadership for this post, the reply was, essentially, “where did you see this?” as if the concern here should be about covering up the forensic tracks of this travesty rather than wondering why it was posted (and liked, and shared) in the first place.

My new rule for collaborations with activist organizations in all areas–law enforcement, prison conditions, human rights, animal rights–is this: I do not breathe the same air with, nor do I spend a drop of energy or a red cent on, or contribute my expertise to, anyone who does not think I have a right to exist. Fortunately, there are plenty of avenues to help humans and animals that do not require these unsavory collaborations. Such is, for example, the massive effort by Achim LaNeshek and animal rights activists to locate the displaced pets and farm animals and return them to their families, or to call attention to the animals in Gaza under heavy fire. Animals are not “Zionist imperialists” any more than they are “Islamic terrorists”. They are innocent bystanders in this horrid conflict (as are so many of the humans, men, women, children, literally caught in the crossfire) and should receive help and relief. Think what you may about petting zoos, etc.–I’m not a fan–these animals, like all animals, deserve our love and help. This is the side animal rights orgs should take: The animals’ side.

Adelson Family’s House of Cards Falls Apart

Today marks a new episode in the quest to hold the Adelson family accountable for my colleague and friend Dan Markel’s murder. On November 6, Charlie Adelson, Dan’s brother-in-law, was convicted of murder; he was the one who enlisted his girlfriend, Katie Magbanua, who in turn enlisted the father of her children, Sigfredo Garcia, to commit the murder. Garcia and his accomplice, Luis Rivera, were caught after surveillance tied them to a silver Prius that followed Dan on the morning of his murder. Rivera accepted a plea deal and testified against Sigfredo and Magbanua.

One of the arguments death penalty supporters sometimes make is that, even if no one is sentenced to death, it is important to keep it on the books in order to use it as a bargaining chip for a confession. Ilyana Kuziemko’s 2006 study of this phenomenon in New York (exploiting the natural experiment of its reinstatement in 1995) found that the threat of death penalty leads defendants to accept plea bargains with harsher terms, but does not increase defendants’ overall propensity to plead guilty. The risk of innocent people pleading guilty is exemplified in this short piece by Claudia Salinas. And indeed, Magbanua did not break down when offered this deal, and refused to flip against Charlie. Eventually, when Charlie was indicted and tried for the murder, Magbanua did testify. In this recap she explains why she did it: “Because to give up Charlie, I had to give up the father of my children, and I couldn’t do that[.]”

Charlie’s version of the events was that Garcia and Rivera, through Magbanua, committed the murder on their own accord, in order to blackmail him. Not only was this theory implausible–why go through the trouble of killing someone they didn’t know? Why not threaten to kill Charlie himself?–but it was also contradicted by Charlie’s affectionate relationship with Magbanua and a conversation they had at a restaurant in 2016, in which they colluded about what to do regarding an extortionist (who did not exist; it was a police sting designed to make them talk.)

The latest threat to the Adelsons’ house of cards came on Monday, when Donna (Charlie and Wendi’s mother) was arrested at the airport as she and her husband, Harvey, were trying to flee to Vietnam (which does not have an extradition treaty with the United States). Here is Donna’s arrest affidavit:

I’m trying to read the affidavit with a defense attorney’s eye. Donna’s movements and phone contacts on the day of the murder are far from conclusive proof of her involvement. It would make sense for her to repeatedly contact family members on the day of a shocking event (the murder of a much hated son-in-law). But I think it’s notable that she talks to Charlie more than she talks to Wendi who, presumably, would be more affected by the death of her ex-husband.

The strongest evidence against Donna, it seems, are the conversations she had with Charlie after receiving the fictitious extortion letter. While the transcripts show she was afraid and stressed, and willing to pay the extortionist to go away, a defense attorney will probably argue that these actions were in defense of her son, as she might have learned about the murder after the fact and wanted to protect her family (the words “it concerns both of us” are quite damning, but I suspect a defense attorney would argue that they stem from identification with her son.) But you be the judge: Episode 5 of the podcast Over My Dead Body contains detailed footage of the conversations between Charlie and Donna (fair warning: even though the podcast is extremely well done, and very respectful toward the Markel family and Dan’s friends, it is jarring and upsetting to listen to a popular culture repackaging of a tragedy that took the life of someone you know.)

On a personal note, just as with the previous waves of arrests for Dan’s murder, I find that Donna’s arrest brought me peace of mind, and don’t feel invested in the sentencing phase. However, I continue to follow this up and will post more on this as things develop.

Carrying and Using Narcan

There’s very little I can do about the horrors happening in the Old Country. But there are other, more mundane, horrors happening every day in the Tenderloin, where I work and my students study, that we can do something about: Fentanyl overdose deaths. Today, I was very happy and grateful to host Rob Hoffman from the San Francisco Department of Public Health and distribute Naloxone, commercially known as Narcan, to all my students, along with training on how to use it.

Here’s what Rob told us: Fentanyl accounts for 70% of the overdose deaths in the city. About half of these deaths happen in the few blocks surrounding UC Law San Francisco. The overdose death among African Americans is five times the city average. And, 70% of the people who die are housed. The risk of overdosing is higher for people who use alone, mix opioids with Benzos or alcohol, start using again after losing tolerance for the drugs (for example, after a period of incarceration) or use a dose of especially high potency.

Here are photos I snapped of the slides Rob showed us. Remember, you can obtain a free Narcan kit at the Community Behavioral Health Services Pharmacy on Howard and 10th. If you live or work in the Tenderloin, please carry a kit with you. You can save a life.

Digging Wells and Finding Fresh Water

This week’s parashah has some famous stories: the sale of Esau’s birthright for a stew; Jacob’s deceitful procurement of his father’s blessing. But I found something that spoke to me in a less-known wrinkle in the plot: the story of Isaac and the wells. Isaac lives near Gerar, in proximity to Avimelekh’s people, and to avoid being killed by people who might lust for Rebecca he does the same trick his father pulled twice: he pretends Rebecca is his sister. The jig is up, eventually, and Avimelekh orders his people not to touch Isaac. But people living in proximity and fighting over scarce resources during a famine is not a recipe for peace and harmony. Here’s what happened next (Genesis 26: 12-22):

Isaac sowed in that land and reaped a hundredfold the same year. יהוה blessed him, and the man grew richer and richer until he was very wealthy: he acquired flocks and herds, and a large household, so that the Philistines envied him.

And the Philistines stopped up all the wells which his father’s servants had dug in the days of his father Abraham, filling them with earth.

And Abimelech said to Isaac, “Go away from us, for you have become far too big for us.” So Isaac departed from there and encamped in the wadi of Gerar, where he settled.

Isaac dug anew the wells which had been dug in the days of his father Abraham and which the Philistines had stopped up after Abraham’s death; and he gave them the same names that his father had given them.

But when Isaac’s servants, digging in the wadi, found there a well of spring water,

the herdsmen of Gerar quarreled with Isaac’s herdsmen, saying, “The water is ours.” He named that well Esek, because they contended with him.

And when they dug another well, they disputed over that one also; so he named it Sitnah.

He moved from there and dug yet another well, and they did not quarrel over it; so he called it Rehoboth, saying, “Now at last יהוה has granted us ample space to increase in the land.”

Genesis 26: 12-22

Shortly after Trump was elected, I remember talking to two of my neighbors. They’ve been together forever, through the fight for gay rights and AIDS widowhood and the horrid deaths around the Castro and the murders of Milk and Moscone and the fight for equality. Tough guys, and at the same time full of joy. And what they said was, “we’ll just have to do all that…. AGAIN.”

I found their courage and perseverance inspiring–just as I find Isaac’s tenacity in digging wells, again and again. He didn’t sit by the well and bemoan his victimization. He didn’t deconstruct Philistine supremacy. He got to work. And I think those of us in the diaspora, encountering noxious views, hatred, ignorance, and violence, have to resign ourselves to the same task: unclogging old wells, digging new ones, and finding fresh water.

Apparently, my essay about antisemitism in academia has been making the rounds, and I’m getting lots of supportive reactions, but to my dismay many of them are compassion for my supposed victimization. This was not at all my intent when writing it. It’s natural for my Israeli and Jewish students to complain that the endless compassion for, and alliances with, any oppressed group have passed them by. But I would be very upset if the upshot of all this, the measure of success, were to be an inclusion of this additional voice in the petulant choir of victims.

Isaac didn’t sit and cry to God about how he was a victim of oppressive well-clogging. He didn’t petition the Philistines to recognize his disenfranchisement. What he did do was fight like hell. Some of those fights he lost, and he called those wells what they were: monuments of hatred. But he got straight to work and unclogged other wells, or dug up fresh ones. He and his servants took the trouble to dig deep, until they were sure they were provided for.

I’m already dreaming up ways to dig wells and keep their waters from getting rancid. I want to invite you, readers, to do the same. Here are some things I have found inspiring this week along these veins.

First thing, rather than sit and weep as people clog your wells, is to stand up to them and refute their claims to the water. Simon Sebag-Montefiore’s excellent essay The Decolonization Narrative Is Dangerous and False is an excellent, historically informed rebuttal to the usual claptrap one hears on campuses these days. Only last week, a grown, educated man stood up in an auditorium at my workplace and, in front of 200 people and apparently completely unashamed, chalked up the horrid, irrefutable facts of the horrid massacre to “Israeli disinformation.” He also regurgitated the usual ideological package, which Sebag-Montefiore’s summarily dismisses as follows:

This ideology, powerful in the academy but long overdue for serious challenge, is a toxic, historically nonsensical mix of Marxist theory, Soviet propaganda, and traditional anti-Semitism from the Middle Ages and the 19th century. But its current engine is the new identity analysis, which sees history through a concept of race that derives from the American experience. The argument is that it is almost impossible for the “oppressed” to be themselves racist, just as it is impossible for an “oppressor” to be the subject of racism. Jews therefore cannot suffer racism, because they are regarded as “white” and “privileged”; although they cannot be victims, they can and do exploit other, less privileged people, in the West through the sins of “exploitative capitalism” and in the Middle East through “colonialism.”

This leftist analysis, with its hierarchy of oppressed identities—and intimidating jargon, a clue to its lack of factual rigor—has in many parts of the academy and media replaced traditional universalist leftist values, including internationalist standards of decency and respect for human life and the safety of innocent civilians. When this clumsy analysis collides with the realities of the Middle East, it loses all touch with historical facts.

Simon Sebag-Montefiore, “The Decolonization Narrative Is Dangerous and False”, The Atlantic, October 27, 2023

Montefiore proceeds to unpack the roots of the crisis. He does not shy away from strident critique of Israel’s policy, of the occupation, and especially of the disastrous Netanyahu government. And he also does not shy away from taking apart, and disproving, both the “settler colonial” idea and the “genocide” tag.

The concept of “partition” is, in the decolonization narrative, regarded as a wicked imperial trick. But it was entirely normal in the creation of 20th-century nation-states, which were typically fashioned out of fallen empires. And sadly, the creation of nation-states was frequently marked by population swaps, huge refugee migrations, ethnic violence, and full-scale wars. Think of the Greco-Turkish war of 1921–22 or the partition of India in 1947. In this sense, Israel-Palestine was typical.

At the heart of decolonization ideology is the categorization of all Israelis, historic and present, as “colonists.” This is simply wrong. Most Israelis are descended from people who migrated to the Holy Land from 1881 to 1949. They were not completely new to the region. The Jewish people ruled Judean kingdoms and prayed in the Jerusalem Temple for a thousand years, then were ever present there in smaller numbers for the next 2,000 years. In other words, Jews are indigenous in the Holy Land, and if one believes in the return of exiled people to their homeland, then the return of the Jews is exactly that. Even those who deny this history or regard it as irrelevant to modern times must acknowledge that Israel is now the home and only home of 9 million Israelis who have lived there for four, five, six generations.

Most migrants to, say, the United Kingdom or the United States are regarded as British or American within a lifetime. Politics in both countries is filled with prominent leaders—Suella Braverman and David Lammy, Kamala Harris and Nikki Haley—whose parents or grandparents migrated from India, West Africa, or South America. No one would describe them as “settlers.” Yet Israeli families resident in Israel for a century are designated as “settler-colonists” ripe for murder and mutilation. And contrary to Hamas apologists, the ethnicity of perpetrators or victims never justifies atrocities. They would be atrocious anywhere, committed by anyone with any history. It is dismaying that it is often self-declared “anti-racists” who are now advocating exactly this murder by ethnicity.

Those on the left believe migrants who escape from persecution should be welcomed and allowed to build their lives elsewhere. Almost all of the ancestors of today’s Israelis escaped persecution.

If the “settler-colonist” narrative is not true, it is true that the conflict is the result of the brutal rivalry and battle for land between two ethnic groups, both with rightful claims to live there. As more Jews moved to the region, the Palestinian Arabs, who had lived there for centuries and were the clear majority, felt threatened by these immigrants. The Palestinian claim to the land is not in doubt, nor is the authenticity of their history, nor their legitimate claim to their own state. But initially the Jewish migrants did not aspire to a state, merely to live and farm in the vague “homeland.” In 1918, the Zionist leader Chaim Weizmann met the Hashemite Prince Faisal Bin Hussein to discuss the Jews living under his rule as king of greater Syria. The conflict today was not inevitable. It became so as the communities refused to share and coexist, and then resorted to arms.

Sebag-Montefiore also persuasively argues that this “decolonization” narrative is the worst thing that can happen to this conflict now:

Since its founding in 1987, Hamas has used the murder of civilians to spoil any chance of a two-state solution. In 1993, its suicide bombings of Israeli civilians were designed to destroy the two-state Oslo Accords that recognized Israel and Palestine. This month, the Hamas terrorists unleashed their slaughter in part to undermine a peace with Saudi Arabia that would have improved Palestinian politics and standard of life, and reinvigorated Hamas’s sclerotic rival, the Palestinian Authority. In part, they served Iran to prevent the empowering of Saudi Arabia, and their atrocities were of course a spectacular trap to provoke Israeli overreaction. They are most probably getting their wish, but to do this they are cynically exploiting innocent Palestinian people as a sacrifice to political means, a second crime against civilians. In the same way, the decolonization ideology, with its denial of Israel’s right to exist and its people’s right to live safely, makes a Palestinian state less likely if not impossible.

Some sources tie these narratives to the flow of Qatari money into U.S. universities. A new NCRI report follows the money and correlates its sources with (1) the erosion of free speech and (2) the increase in antisemitic incidents on campuses.

Second order of business is to see who is actually unclogging wells, as opposed to shifting blame and whining, and support them. Unsurprisingly, these are the folks who stood day after day, shoulder to shoulder with my parents to protest the decay of the country. Since I mentioned the Netanyahu government, it is worth shining a light on the fact that, in the same way that Hamas is not Gaza, Netanyahu is not the Israeli people, and support for his government, which was already tenuous, has plummeted. Yair Rosenberg has a superb article in The Atlantic in which he unpacks what happened, and how the scorned, maligned lefties who led the anti-government protests in the last few months and proving to be more capable, dependable, and courageous than the government, to the point of supplanting it:

As Israel’s crony-filled Netanyahu government flailed and its security services faltered, ordinary citizens—many of them dissenters against the current ruling coalition—took charge. Crisis tends to separate the poseurs from the professionals, and the deadliest day in Israel’s history did just that.

Rosenberg gives some examples: the heroism of Yair Golan and Noam Tibon, who, as the army dawdled, were already on the ground rescuing people; Eylon Levy, who stepped up to do international outreach after the official minister of outreach, who is a nincompoop, quit her job just when she was actually needed. In general, he says,

Within Israel, relief efforts have been dominated not by government officials but by volunteers, many of whom come from the organized anti-government protest movement. Hamas’s massacre left thousands of southern Israelis traumatized, orphaned, and homeless, in need of food, shelter, and mental-health care. The subsequent Hezbollah attacks in the north have forced entire towns to evacuate. In total, about a quarter million Israelis have been displaced. Many others are struggling to cope after family members were called up to join the fighting.

Faced with these gaping social needs largely unaddressed by the government, the largest civil-demonstration movement in Israeli history repurposed itself overnight. Working out of the Expo Tel Aviv convention center, 15,000 volunteers began distributing food and supplies to refugees, finding accommodations for thousands of families, and matching psychologists with patients. Some, led by the information scientist Karine Nahon of Reichman University, used AI tools to identify victims and hostages, sorting through hours of video footage from the assault. Others helped rescue 120 pets. In Jerusalem, another group of 4,000 protesters, overseen by Michal Muszkat-Barkan, a movement leader and professor at Hebrew Union College, has provided 30,000 hot meals, run daily blood drives, and recruited 200 mental-health professionals. Across Israel, the activists derided by Netanyahu and his hard-right ministers as leftist traitors have become the country’s rapid-response team.

Yair Rosenberg, “The Day After Netanyahu”, The Atlantic, November 10, 2023.

Finally, here’s a dose of tough love as we pick up the shovels. I know my students are grieving and shocked–not only about the horrid massacre and the unfolding outcome, which is disastrous for both Israelis and Palestinians, but also about the loss of their friendships and footing in the world. It feels like gaslighting–one loses grasp of reality and of one’s own convictions. But as I said to a couple of people this week, “people your age have left families at home and gone to serve in the reserves. You found out you have shit friends? Make better friends.” I was comforted to read similar words from Batya Ungar-Saron:

So do not cast your lot as a competitor in the oppression Olympics. Instead, reject that entire way of looking at the world.

Here’s the thing: it’s good to be unpopular with a mob whose worldview has done away with the concept of right and wrong and decided, with a Nazi-like commitment to racial ideology, that you are Jewish and therefore you are white and therefore you are bad. It is good to be unpopular with people who spent the weeks after October 7 on the hunt for Jewish exaggeration, Jewish lies, Jewish crimes. It is good to be unpopular with people who cannot separate evil from power and virtue from skin color. (Unpopularity, for now, is your fate, unless you are willing to cosign your own humiliation and join the left’s token “good Jews” who advocate against Zionism from the comfort of the diaspora for plaudits from the Squad.) We don’t answer to them; we answer to the God of Abraham, Isaac, and Jacob, the Rock of Israel and its Redeemer.

The good news is: it may not feel like it, but this country is on your side. College students are in one of vanishingly few spaces in America that sides with Hamas. Your professors will live and die in irrelevance, signing their names to their silly little letters and coming up with new jargon with which to defend terrorism while nurturing their grandiose hero complexes. Most of your peers will grow up and abandon their radical chic commitments. The progressive movement has taken a big hit, having shown its true colors to a nation that knows what is good and what is right, that can separate barbarism from civilization. 

But for now, remember this: to be a Jew is to refuse to kneel and refuse to bow. The stakes of standing upright have never been clearer than they are today, in this post–October 7 world. It’s good to have these people as your enemies, because the world will always have people who oppose what’s right and what’s good, and it is our destiny to fight them. Do it with pride.

Batya Ungar-Saron, “The Antisemites Scream. And I Stiffen My Spine.” The Free Press, November 7, 2023.

Dig up the clogged wells and name them what your ancestors named them. Dig fresh wells. Fight for them. If you win, drink deep. If you lose, dig new wells.

Shavua Tov.

Offensive Speech in Terrible Times

Like many other campuses around the United States, mine is papered with despicable flyers espousing an ignorant perspective on the Israel-Hamas war. My Jewish students are understandably upset and infuriated, and so am I. Every day brings fresh, unbearable details about the massacre. The contrast between that and my outside surroundings is a dissonance that fractures me to the core. In the coming days, many campuses, including ours, will see abominable displays of hatred, antisemitism, and a breathtaking level of illiteracy regarding international affairs. We’ll see laughable, imaginary coalitions between, say, Hamas and the fight for trans rights. This will be ugly and it will be emotionally difficult to stomach. It already has been a difficult struggle to function at work and it’s likely to endure for some time.

At such times, supporting a legal regime that has absolute free speech is deeply distressing and challenging. I finally found out who first wrote, “I detest what you write, but I would give my life to make it possible for you to continue to write”–it was Voltaire biographer Evelyn Beatrice Hall, in 1906. For First Amendment enthusiasts, this era epitomizes that sentiment–the price of freedom is walking around with a broken heart, even if the open goal of the speakers is to break it.

The image above depicts the Illinois Holocaust Museum in Skokie, IL; in the 1970s, Skokie was the setting for a free speech debate culminating in a Supreme Court decision that in many ways reminds me of the situation on the ground today. David Goldberger, at the time the legal director of the ACLU of Illinois (and later an Ohio State law professor specializing in free speech) has written a fascinating account, complete with images, of his representation of the Nazis in this case–not only what it was like to have them for clients, but also the public response. I really recommend that you read it verbatim. Among many things I didn’t know was the fact that Meir Kahane, in many ways the ideological granddaddy of murderous Jewish nationalists like Ben Gvir et al., started his activity in the US with the Jewish Defense League, who appeared at the ACLU offices with baseball bats! Another thing I didn’t know was that the ACLU’s choice to represent the Nazis in the Skokie trial led to tens of thousands of resignations, but also to some support letters from holocaust survivors who said that “they wanted to be able to see their enemies in plain sight so they would know who they were.” The ACLU is taking the same approach regarding the protests we are experiencing now.

I really recommend reading Goldberger’s entire account, and it’s even more interesting to ponder it through a comparative lens. Not all countries have absolute free speech; many place limitations on hate speech and incitement to racism or violence. That approach ushers its own host of problems: what is and is not “hate speech” or “incitement” is a subjective determination, and judicially delving into these questions inevitably brings in ideological perspectives and heuristics. I’m already seeing some troubling incidents in Israel in which universities and schools waste precious time and energy on McCarthyist investigations of their students, faculty, and staff.

It’s important to distinguish the general question of what should and should not be legally allowed from the more particular question, what these opinions tell us about the quality of the education we provide and about the quality of the people who espouse them. For some idea on how these ideas fester and infect people to this degree, read Julia Steinberg’s account of her own education. It exposes many of the flaws of what passes nowadays for progressive education, and dovetails with my unwillingness to responsibly participate in similar indoctrination efforts at my workplace and elsewhere. Steinberg’s piece was an important reminder that hateful idiots don’t spring into being, fully formed, in college or law school; they are raised to be the way they are in their K-12 years. I, for one, plan to keep a very watchful eye on my child’s education, to ensure that essentialist, separatist identitarian rubbish isn’t inflicted on the kids in this mindless manner.

It is also important to distinguish the right to free speech from the consequences of putting oneself out in public espousing horrendous views. Several law students in fancy schools are finding out, to their shock and surprise, that law firms are not all that keen to hire people who publicly extol the virtues of slaughtering, raping, maiming, burning alive, beheading, and kidnapping people. That being an antisemitic idiot with repugnant views is not a professional asset and has consequences in the job market shouldn’t be particularly surprising, unless you spent your undergraduate years under the tutelage of morally bankrupt people for whom espousing these “edgy” and “interesting” views was a calculated career strategy that catapulted them to prominence in fields like ethnic studies (read here a courageous letter by a UC Regent calling out the Ethnic Studies faculty council letter for what it is.) No wonder these students think they can spew horrid opinions in public and face no consequences whatsoever. What I find most amazing about the whole thing is that some of my colleagues are surprised by what they see on the campus quad. How is any of this surprising? Academic institutions, including the ones I work for, have breathed life into this Golem for years, and the last thing they should find astonishing is when it comes for them. They taught these people, but they didn’t educate them, and the proof’s in the rancid pudding.

News! FESTER Available for Preorder

Fester Book Cover

We’re live! FESTER, my book with Chad Goerzen about the COVID-19 catastrophe in California prisons and jails, is available for preorder on the UC Press website and on Amazon. The official publication date is March 2024.

From the back jacket:

The mismanagement of the COVID-19 pandemic in California’s prisons stands out as the state’s worst-ever medical catastrophe in a carceral setting. In Fester, socio-legal scholar Hadar Aviram and data scientist Chad Goerzen offer a cultural history of the COVID-19 correctional disaster through hundreds of first-person accounts, months of courtroom observations, years of carefully collected quantitative data, and a wealth of policy documents. Bearing witness to the immense suffering wrought on people behind bars through dehumanization, fear, and ignorance, Fester explains how the carceral system’s cruelty threatens the health and well-being not only of those caught in its grasp, but all Californians—and stands as a monument to the brave coalition of incarcerated and formerly incarcerated people, family members and loved ones, advocates and activists, doctors, journalists, and lawyers who fought to shed light on one of the Golden State’s correctional system’s darkest times.

If you’d like us to come to your campus or bookstore in Spring 2024 and beyond, please contact us and we’ll make it happen.

I Was Right About Recession-Era Decarceration: Population Has Decreased and So Have Racial Disparities

It’s always complicated to write what David Garland calls a “history of the present“, especially in criminal justice, where trends can become visible only years after the fact. And yet, that’s what I tried to do in Cheap on Crime, which was published in early 2015 but completed in 2013. The impetus for the book was the change in direction in incarceration rates: 2009 was the first year in 37 years that saw a decline in incarceration rates. I thought that was important, and observed that the change in direction was accompanied by a host of policies and rhetorics that focused on “justice reinvestment” and trimming the expensive correctional apparatus in the aftermath of the 2008 financial crisis.

The book was well received and won a nice award, but some folks in the discipline found it too optimistic. It didn’t fit in neatly with the pessimistic slant of the discipline as a whole, where we can critique mass incarceration (especially, though not exclusively, from a racial standpoint) by showing that things are progressively getting worse, not better. At one of my book events in 2015 I said that I worried that our love for critiques of neoliberalism might be leading us to ignore the data, or at least to pretzel ourselves with complicated rationalizations for why an incarceration picture that seems to be getting better is actually getting worse. Or something.

Last week, the Sentencing Project published an interesting report looking at incarceration trends from the recession–the peak incarceration year–to 2023, and the picture is quite encouraging. The report, titled One in Five: Ending Racial Iniquities in Incarceration shows the still-extant racial disparities within prison and jail populations and, of course, emphasizes these in the title, but does not shy away from providing important descriptive data showing that, not only is the decline in prison and jail populations the mirror image of the rise that preceded the Great Recession, but it is also accompanied by a significant decline in racial disparities. Here are some of the highlights.

First, there’s this. It might be optimistic, but it does predict the decline in prison population based on the current rate of decline. In other words, if the trends set during the recession continue, we might be heading to pre-1970 incarceration rates. This is fanciful, and things can change for the worse the way they did in the 1970s, but we can dream.

Let’s leave conjecture behind and talk about facts. Here are the declines in prison populations by race. As you can see, decarceration across the board is mitigating the disparate racial effects that characterized the incarceration boom:

The effect is most pronounced for women, but it is significant for men as well:

And similar, though not identical, trends are present for county jail populations:

Lest you think that all is well with the world, we’re still seeing big sentencing disparities. 1 in 5 Black men (compared with 1 in 8 Latino men and 1 in 20 White men) born in 2001 is likely to be incarcerated at least once in his lifetime.

There is still plenty of work to do until we can look at a graph that looks like the conjecture above and congratulated ourselves. But things are definitely looking up, significantly so, and it’s okay to point out positive developments when they happen rather than try and come up with stories with why they are actually negative. Or something. And while I’m pleased to have been right, I’m even more pleased to see that, at least in this area, we’re on the right path.