Antisemitism and the Law
by Robert Katz
Forthcoming July 2025
Tags: Antisemitism; Civil Rights/Race and the Law; Comparative Law; Discrimination; Diversity, Equity, and Inclusion; Jewish Law; and Religion and Law
Teacher's Manual forthcoming
ISBN 978-1-5310-2842-8
eISBN 978-1-5310-2843-5
This groundbreaking book serves as a vital resource for understanding the legal history of antisemitism and legal strategies to combat it. It explores how legal systems have been wielded both to oppress Jews and to fight antisemitism, offering a global and historical perspective on the intersection of law and antisemitism.
Part One examines Jews within anti-discrimination law in the U.S. and U.K., analyzing their legal construction as non-white, white, or ethnic. It explores how courts have extended race-based protections to Jews and other groups not traditionally viewed as distinct races. Part Two focuses on Jewish identity, addressing legal definitions of "Jew" in Orthodox and Reform Judaism, Israel's Law of Return, the Spanish Inquisition, and Nazi Germany. It also investigates cases where Jewish practices, beliefs, and projects were deemed racist.
Part Three analyzes the regulation of antisemitic speech in the U.S., Germany, the U.K., Canada, South Africa, and international human rights law. It evaluates legal efforts to debunk antisemitic conspiracy theories and contain online hate speech. Part Four addresses combating antisemitism through hate crime laws in the U.S. and Germany and federal restrictions on funding for universities that tolerate hostile environments for Jewish students. Part Five highlights the critical role non-Jewish allies have played in opposing antisemitism, featuring J'Accuse, Émile Zola's 1898 exposé of the Dreyfus Affair, and the Catholic Church's evolving stance on antisemitism, culminating in the Second Vatican Council's 1965 exoneration of Jews from collective blame for Jesus' death.
Antisemitism and the Law offers an essential framework for understanding antisemitism as a legal phenomenon and addressing antisemitism through legal means.
Editorial Reviews
Professor Katz has written a magnificent, superb, and unique book on antisemitism and the law. It will be a great teaching vehicle in both law school and undergraduate classes. But it also is an invaluable collection of material, looking at the history of antisemitism and also at contemporary issues. It will be a wonderful resource in countless ways.— Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law University of California, Berkeley School of Law
The first chapter, on definitions, is worth the price of admission all by itself. A book that every student of race and the law will want to read closely.— Richard Delgado, Distinguished Professor, Seattle University School of Law
Antisemitism and the Law is more than a thoughtful and comprehensive casebook. With it, Professor Katz is building the foundation for a new field of study, identifying canonical texts and organizing questions. It is a call for sustained scholarly engagement with the legal dimensions of antisemitism.— Stephen Macedo, Laurance S. Rockefeller Professor of Politics and Human Values Princeton University
Professor Katz's subject matter is global and local; ancient and contemporary. Producing this book involved one monumental, intricate challenge after another, with essentially no template to follow. The resulting achievement is endlessly thought-provoking.— R. George Wright, Professor of Law, Indiana University McKinney School of Law
Professor Katz's Antisemitism and the Law casebook is nothing short of a masterpiece of legal scholarship. I cannot wait to adopt it. While Professor Katz's casebook will most obviously be adopted by professors teaching courses on the Holocaust or antisemitism, it can also be used to supplement teaching in other law school courses where antisemitism has been largely omitted, such as in Race and Law, Employment Discrimination, Civil Rights, Defamation, First Amendment, Cyber Law, Hate Crimes Law, Education Law, Trusts and Estates, Law and Religion, Catholic Law, and Comparative Law.— Rona Kaufman, Associate Professor of Law, Thomas R. Kline School of Law of Duquesne University
Central to Professor Katz's thesis is the legal system's paradoxical role as both a historic enforcer of Jews' subordination and an instrument for achieving full citizenship. The casebook dissects the codification of Jewish oppression. More hopefully, it analyzes landmark victories in Jews' struggle for safety and equality under law. Throughout, it chronicles how Jewish defense organizations have leveraged the law to advance Jews' legal interests. A consistent thread emerges across these diverse cases: a fuller understanding of the relationship between law and antisemitism enhances our capacity to combat it effectively and create a safer, more just world.— Jonathan Greenblatt, National Director and CEO, The Anti-Defamation League
I believe that Antisemitism and the Law is a seminal work that will receive enormously positive, world-wide attention. The book will undoubtedly become the standard casebook for law school courses on the topic (and will probably inspire a proliferation of such courses), will likely be substantially excerpted for use in other law school courses on racism generally, and may be used in various undergraduate courses as well.— Steven H. Resnicoff, Professor of Law and Director, DePaul College of Law Center for Jewish Law & Judaic Studies
Comp Copy If you are a professor teaching in this field you may request a complimentary copy.