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Around the Web

Here are some important law-and-religion news stories from around the web:

  • Sitting en banc, the 5th Circuit overturned a panel decision declaring a Louisiana law requiring the display of the Ten Commandments in all classrooms of the state’s public schools and universities unconstitutional. The Court reasoned that the dispute was not yet ripe for review.
  • A Woman’s Concern, Inc. v. Healey, (D MA, Feb. 17, 2026) was an action brought by Your Options Medical Centers (YOM), a religiously affiliated pregnancy resource center, wherein they alleged that the state of Massachusetts’ Department of Public Health violated their free speech, free exercise and equal protection rights when it disseminated information critical of pregnancy resource centers. This week, the federal district court for the District of Massachusetts rejected this claim, primarily reasoning that YOM was not targeted for actual or threatened enforcement action.
  • President Trump posted a Presidential Message on Ash Wednesday, calling for all Americans to remember that the Lenten themes of the “prayer, fasting, and almsgiving have been foundational to our strength from the earliest days of our national story.”
  • The Department of Justice announced that it is opening Title IX investigations into three Michigan school districts “to determine whether they have included sexual orientation and gender ideology (SOGI) content in any class for grades pre-K-12.” If the districts are including such content, “the investigations will examine whether the schools have notified parents of their right to opt their children out of such instruction.”
  • The U.S. Conference of Catholic Bishops released its “Annual Report on the State of Religious Liberty in the United States.” “The report summarizes developments on national questions and federal policies affecting religious liberty in the U.S., including the role of religion in American public life, and the challenges and opportunities of the present moment.”
  • Earlier this month, Palestinian Authority President Mahmoud Abbas received a draft constitution “that aims to transition the PA to a full-fledged state”. The draft contains a number of provisions on religion and religious freedom.

Posted on by Mark Movsesian

Israel and the American Left: A History

Here is a new book from Stanford University Press that explores the history of the American Left’s relationship to the Israeli-Palestinian conflict. As everyone knows, that conflict has created real tensions in progressive politics in the US and the UK as well. The book is The Movement and the Middle East: How the Arab-Israeli Conflict Divided the American Left, by historian Michael Fischbach (Randolph-Macon College). The publisher’s description follows:

The Arab-Israeli conflict constituted a serious problem for the American Left in the 1960s: pro-Palestinian activists hailed the Palestinian struggle against Israel as part of a fundamental restructuring of the global imperialist order, while pro-Israeli leftists held a less revolutionary worldview that understood Israel as a paragon of democratic socialist virtue. This intra-left debate was in part doctrinal, in part generational. But further woven into this split were sometimes agonizing questions of identity. Jews were disproportionately well-represented in the Movement, and their personal and communal lives could deeply affect their stances vis-à-vis the Middle East.

The Movement and the Middle East offers the first assessment of the controversial and ultimately debilitating role of the Arab-Israeli conflict among left-wing activists during a turbulent period of American history. Michael R. Fischbach draws on a deep well of original sources—from personal interviews to declassified FBI and CIA documents—to present a story of the left-wing responses to the question of Palestine and Israel. He shows how, as the 1970s wore on, the cleavages emerging within the American Left widened, weakening the Movement and leaving a lasting impact that still affects progressive American politics today.

Posted on by Christina Vlahos

Reiter, “Contested Holy Places in Israel–Palestine”

Next month, Routledge will release “Contested Holy Places in Israel-Palestine: Sharing and Conflict Resolution,” by Yitzhak Reiter (Ashkelon Academic College).  The publisher’s description follows:

Over the last twenty years, there has been a growing understanding that conflicts in or over holy places differ from other territorial conflicts. A holy site has a profound 9781138243514meaning, involving human beliefs, strong emotions, “sacred” values, and core identity self-perceptions; therefore a dispute over such land differs from a “regular” dispute over land. In order to resolve conflicts over holy sites, one must be equipped with an understanding of the cultural, religious, social, and political meaning of the holy place to each of the contesting groups.

This book seeks to understand the many facets of disputes and the triggers for the outbreak of violence in and around holy sites. It analyses fourteen case studies of conflicts over holy sites in Palestine/Israel, including major holy sites such as Al-Haram al-Sharif/the Temple Mount, the Western Wall and the Cave of the Patriarchs/Al-Ibrahimi Mosque in Hebron, in addition to disputes over more minor sites. It then compares these conflicts to similar cases from other regions and provides an analysis of effective and ineffective conflict mitigation and resolution tools used for dealing with such disputes. Furthermore, the book sheds light on the role of sacred sites in exacerbating local and regional ethnic conflicts.

By providing a thorough and systematic analysis of the social, economic, and political conditions that fuel conflicts over holy sites and the conditions that create tolerance or conflict, this book will be a key resource for students and scholars of conflict resolution, political science, and religious studies.

Posted on by Christina Vlahos

Roberts, “Islam Under the Palestine Mandate”

In November, I.B. Tauris will release “Islam Under the Palestine Mandate: Colonialism and the Supreme Muslim Council,” by Nicholas Roberts (Sewanee-The University of the South).  The publisher’s description follows:

Concerns about the place of Islam in Palestinian politics are familiar to those studying the history of the modern Middle East. A vital part of this history is the rise of Islamicfr_logo.gif opposition to the British in Mandate Palestine during the 1920s and 30s. Colonial officials had wrestled with the question of how to rule over a Muslim-majority country and considered traditional Islamic institutions essential for maintaining order. Islam under the Palestine Mandate tells the story of the search for a viable Islamic institution in Palestine and the subsequent invention of the Supreme Muslim Council. As a body with political recognition, institutional autonomy and financial power, the council was intended to act as a counterweight to the growing popularity of nationalism among Palestinians. However, rather than diminishing the revolutionary capacity of the colonized, the council became one of the most significant of the opposition groups to British rule, especially under its highly controversial president, the Grand Mufti of Jerusalem, Hajj Amin al-Husayni. Making extensive use of primary sources from British and Israeli archives, this book offers an account of the establishment of the Supreme Muslim Council and the policing of Arab nationalist sympathizers.

Roberts argues against the view that the council’s creation was an act of appeasement towards Muslim opinion, showing how British actions were guided by techniques of imperial administration used elsewhere in the empire.

Posted on by Christina Vlahos

Sheldon, “Tragic encounters and ordinary ethics”

In October, the Manchester University Press will release “Tragic encounters and ordinary ethics: Palestine-Israel in British universities,” by Ruth Sheldon (University of London).  The publisher’s description follows:

For over four decades, events in Palestine-Israel have provoked raging conflicts within British universities around issues of free speech, ‘extremism’, antisemitism and 9781784993146Islamophobia. But why is this conflict so significant for student activists living at such a geographical distance from the region itself? And what role do emotive, polarised communications around Palestine-Israel play in the life of British academic institutions committed to the ideal of free expression?

This book draws on original ethnographic research with student activists on different sides of this conflict to initiate a conversation with students, academics and members of the public who are concerned with the transnational politics of Palestine-Israel and with the changing role of the public university. It shows how, in an increasingly globalised world that is shaped by entangled histories of European antisemitism and colonial violence, ethnography can open up ethical responses to questions of justice

Posted on by Christina Vlahos

Friedmann, “The Purse and the Sword”

This month, the Oxford University Press will release “The Purse and the Sword: The Trials of Israel’s Legal Revolution,” by Daniel Friedmann (Minister of Justice in Israel from 2007-2009). The publisher’s description follows:

The Purse and the Sword presents a critical analysis of Israel’s legal system in the context of its politics, history, and the forces that shape its society. This book 9780190278502examines the extensive powers that Israel’s Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel’s attorney general and state prosecution at the expense of Israel’s cabinet, constituting its executive branch, and the Knesset–its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches.

Posted on by Christina Vlahos

Freas, “Muslim-Christian Relations in Late-Ottoman Palestine”

Last month, Springer released “Muslim-Christian Relations in Late-Ottoman Palestine: Where Nationalism and Religion Intersect,” by Erik Freas (Manhattan Community College, CUNY). The publisher’s description follows:

Numerous factors underlie the dynamic shaping of present day Muslim-Christian Arab relations as well as the formulation of Arab national identity. In Muslim-51mdwlovwcl-_sx322_bo1204203200_ Christian Relations in Late-Ottoman Palestine, Erik Freas argues that paramount among these were three developments that transpired in the late-Ottoman period, of which Palestine provides a microcosm. One is that non-Arabic-speaking Christian communities began to define identity in nationalistic terms on the basis of faith. Second, with their transformation into politically equal Ottoman citizens, Christians were generally more intent on taking advantage of their new rights rather than with fulfilling civil obligations. Finally, for most Muslim Arabs, the transition from identifying primarily as ‘Muslim’ to ‘Arab’ in terms of their broader communal affiliation often entailed little change in how they experienced communal identity in the day-to-day. Taken together, the analysis of these developments provides an in-depth examination of Muslim-Christian Arab relations in Palestine during the nineteenth century as well as the long-term implications of these changes on the manner of Arab national identity’s formulation.

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Dumper, “Jerusalem Unbound”

Next month, Columbia University Press will publish Jerusalem Unbound: Geography, History, and the Future of the Holy City by Michael Dumper jerusalem unbound(University of Exeter).  The publisher’s description follows.

Jerusalem’s formal political borders reveal neither the dynamics of power in the city nor the underlying factors that make an agreement between Israel and the Palestinians so difficult. The lines delineating Israeli authority are frequently different from those delineating segregated housing or areas of uneven service provision or parallel national electoral districts of competing educational jurisdictions. In particular, the city’s large number of holy sites and restricted religious compounds create enclaves that continually threaten to undermine the Israeli state’s authority and control over the city. This lack of congruity between political control and the actual spatial organization and everyday use of the city leaves many areas of occupied East Jerusalem in a kind of twilight zone where citizenship, property rights, and the enforcement of the rule of law are ambiguously applied.

Michael Dumper plots a history of Jerusalem that examines this intersecting and multileveled matrix and in so doing is able to portray the constraints on Israeli control over the city and the resilience of Palestinian enclaves after forty-five years of Israeli occupation. Adding to this complex mix is the role of numerous external influences—religious, political, financial, and cultural—so that the city is also a crucible for broader contestation. While the Palestinians may not return to their previous preeminence in the city, neither will Israel be able to assert a total and irreversible dominance. His conclusion is that the city will not only have to be shared, but that the sharing will be based upon these many borders and the interplay between history, geography, and religion.

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Aronoff, “The Political Psychology of Israeli Prime Ministers”

Next month, Cambridge University Press will publish The Political Psychology of Israeli Prime Ministers: When Hard-Liners Opt for Peace by Yael S. Aronoff (James Madison College).  PO Psychology The publisher’s description follows.

This book examines leaders of the seemingly intractable conflict between Israel and its Palestinian neighbors. It takes as an intellectual target of opportunity six Israeli prime ministers, asking why some of them have persisted in some hard-line positions but others have opted to become peacemakers. This book argues that some leaders do change, and above all it explains why and how such changes come about. This book goes beyond arguing simply that “leaders matter” by analyzing how their particular belief systems and personalities can ultimately make a difference to their country’s foreign policy, especially toward a long-standing enemy. Although no hard-liner can stand completely still in the face of important changes, only those with ideologies that have specific components that act as obstacles to change and who have an orientation toward the past may need to be replaced for dramatic policy changes to take place.

Posted on by JCPW · 1 Comment

Next Year in Jerusalem

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Issues of law and religion have always interested CLR Student Fellow Jessica Wright 3L, particularly as they relate to the Middle East. The following is a reflection on her recent trip to Jerusalem, during which she considered the religious, legal, and political issues that continue to divide the region.

Our taxi wound around the outskirts of Jerusalem, the city unfolding slowly before us beneath the dusty haze that had lingered since our arrival two days earlier. The Berlin-esque feel of Tel Aviv with its trendy cafes, beach-front hangouts, and laissez-faire attitude seemed a distant memory as we watched Haredim in their long black coats and black hats hurrying down the streets, weaving in and out of a stream of conservatively-dressed women pushing prams. Traffic ground to a halt somewhere between the entrance to Jerusalem and our hotel near the Old City, and our driver informed us that several streets had been closed because of a mass “ultra-Orthodox” protest against the draft.

The draft protest is indicative of larger issues having to do with community and identity in the region. Israel has been called the only liberal democracy in the Middle East, but it is a democracy with an important condition, one that Prime Minister Netanyahu made clear at the White House as I began my sojourn to the Holy Land. He said the only pathway to peace begins with Palestinian acceptance of Israel as a Jewish state. Of course, as the New York Times observed earlier this year, “this issue underpins all others [and] is exactly what makes it unacceptable to Palestinians. At its heart, it is a dispute over a historical narrative that each side sees as fundamental to its existence.” The question concerning what it means to describe Israel as a Jewish state is as relevant today and perhaps as vexed as it was in 1948.

The first night in Jerusalem, we found ourselves at the Old Bezalel Art School with Israeli friends. Our conversation eventually turned to the significance of the Israeli state and the importance of community. One friend argued that the land itself is significant because it allows one to experience Judaism as a public way of life. The traditional religious rituals become less important, she said, because identification with Judaism is about living in the state of Israel and being part of that community. But Israeli nationalism, it turns out, is not a wholly secular enterprise for most Israelis. Along with flying the flag, serving in the army, and speaking Hebrew, there is a religious narrative upon which identity is ultimately based. The particularities of the narrative vary widely. While sharing the same religious texts, the various Jewish communities within Israel have different histories and Read more