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The Legal Construction of Jewish Identity: Race, Religion, and Civil Rights

  • Lehrhaus 425 Washington Street Somerville, MA 02143 USA (map)

Are Jews a race, a religion, an ethnicity, or a nationality? It’s a question that has echoed for centuries, but rarely do we ask it through the lens of American law—where the answer has significant implications for civil rights protections. This talk examines how American courts have grappled with defining Jewish identity: sometimes treating Jews as a racial group in order to extend civil rights protections, while at the same time pushing back against labeling Jews as non-white. To add to the complexity, Jews may claim legal protection as both a religious group and a racial one. What emerges is a fascinating story of how the law tries—and often fails—to capture the lived realities of Jewish identity. Open to all, this session offers eye-opening insights for anyone curious about Jewish identity, race, and the law (with an extra welcome for lawyers in the room).

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Robert Katz is a Professor of Law at Indiana University McKinney School of Law and Founder and Director of the Center for the Study of Law and Antisemitism. He is the author of Antisemitism and the Law (Carolina Academic Press 2025), the first casebook of its kind, which explores how legal systems have been used both to codify antisemitism and to counter it.

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October 19

Zionism as Revolution: Looking at the thought and writings of Aharon David Gordon

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October 20

The Jewish Smuggler Who Shaped the Modern Drug Trade