Kenneth Marcus has paper published: “Jurisprudence of the new anti-semitism”

Kenneth Marcus

Kenneth Marcus

Abstract: What is wrong with the new anti-Semitism which is now resurgent across the globe, including on American college campuses? The question is deceptively simple, but it carries considerable resonance. Numerous governmental agencies, non-governmental organizations, scholars, and civil rights practitioners have documented the dangers inherent in anti-Semitism’s recent manifestations, both globally and on United States college campuses. Yet many critics still deny its existence, severity, newness, anti-Semitism, or difference from mere criticism of Israeli policies. Moreover, some argue that it is a stratagem devised to silence opposition to these policies. For this reason, it is necessary to demonstrate that persons subjected to the new anti-Semitism are harmed in a manner which should be cognizable to the law. Specifically, it must be shown how some incidents of the new anti-Semitism, which may appear to target Israel rather than individual Jews as such, nevertheless constitute prohibited forms of discrimination against Jewish Americans. Under the conventional rubrics, the question amounts to whether the new anti-Semitism abrogates anti-differentiation or anti-subordination principles. Ultimately, the answer will turn on the extent to which this new phenomenon demeans Jews, encourages anti-Jewish prejudice, and derogates Jews as morally inferior. This Article argues that the new Anti-Semitism achieves these results in part through reracialization processes which stigmatize Jews as morally blameworthy and which mark them for reprisal.

Keywords: Anti-Semitism, Judeophobia, Jewish, Discrimination, Harassment, Civil Rights, Anti-Zionism, Israel JEL Classifications: J71, J78 Accepted Paper Series

Marcus, Kenneth L., Jurisprudence of the New Anti-Semitism (April 10, 2009).  Wake Forest Law Review, Vol. 44, 2009. Available at SSRN:

6 Responses to “Kenneth Marcus has paper published: “Jurisprudence of the new anti-semitism””

  1. Bill Says:


    SSRN will let you download the whole paper…..

  2. modernityblog Says:

    It would seem that eventually an on-line copy might be made available (I am speculating based on previous issues of this journal).

    The paper is published in issue 44 of the Wake Forest Law Review, the latest on-line copy is 43, so presumably it will be placed on-line in the near future?


  3. jacob Says:

    The “new’ antisemitism at work:

    “Action Boycott Israel Aulnay”

    From: The Spine

    Marty Peretz asks: “Where Were the Cops?”

  4. Bill Says:

    I read it over lunch… It’s a very strong advocacy piece (well Duh, it’s written by a lawyer, if they don’t advocate but equivocate what good are they?) and covers US discrimination and harassment law (while calling BS on what he’d call the Livingstone formulation if he knew it’s proper name). However, it being an advocacy piece he unfortunately cites some stuff that points right to David Horowitz’s clique which will lead to lots of bias complaints (uh… kids… he’s a lawyer!) from people who don’t think it’s a problem to link to DavidDuke.Com. It’s also a pity that he isn’t aware of the notorious mask slip by Tom “Boycott Jews, the Global Nerds” Hickey in his BMJ piece. That freudian slip was just too juicy a cherry to let go! And for me, it’s all the proof I need in assessing the boycott movement.

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