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Controversial Columbia Law Review Article Subverted Standard Editing Process
Washington Free Beacon ^ | June 5, 2024 | Jessica Costescu

Posted on 06/14/2024 12:24:49 PM PDT by Twotone

A Columbia Law Review article that argues Jews "capitalized on the Holocaust to create a powerful narrative that monopolizes victimhood" was subject to an atypical editing process that omitted "a large number of Jewish students," according to sources familiar with the process.

While prospective pieces are typically available for the Law Review's roughly 100 members to assess ahead of publication, the "Nakba" piece was handled behind closed doors by a group of roughly 30 student editors, according to Columbia Law School professor Joshua Mitts.

While that group edited the piece "over several months," Mitts said, other editors—including Jews—were unaware even of the piece’s existence until Saturday, just two days before its publication.

The piece—titled, "Toward Nakba as a Legal Concept"—was supposed to be published on the website of the student-edited Review on Monday, despite a request from the Review's board of directors to delay publication. At issue, the board explained in a letter to student editors obtained by the Washington Free Beacon, was the editing process behind it.

The board, which is led by Columbia law professor Gillian Metzger and includes Columbia Law School dean Gillian Lester, subsequently requested the piece "be delayed for a few days" to ensure "all student editors would have an opportunity" to read it. Initially, the group of student editors behind the piece agreed, according to the board's letter. Then, on Monday morning, they revealed plans to publish the piece immediately. In response, the board "temporarily suspended" the Review's website.

"The secrecy that surrounded this article's editing and substantiation review is unacceptable," the board wrote in its letter. "It is also unprecedented, in that every piece is either worked on by, or available on request to, all student editors during the editing process."

"Whatever the intent, such secrecy is a profound deviation from the norms of respect, trust, and collegiality on which the Review depends. It also invariably raises questions about the adequacy of the editing and substantiation processes to which the piece was subjected."

The ordeal comes as Columbia University leaders continue to grapple with anti-Israel and anti-Semitic demonstrations, even after the conclusion of the 2023-2024 school year.

Over the weekend, for example, a group of Columbia students formed yet another anti-Israel encampment on the school's main lawn, which coincided with the school's alumni reunions. Those who attended the festivities were greeted by a sign outside of the campus reading, "We're back, bitches." Another sign read, "I want your hands on Israel's neck."

The "Nakba" piece, written by Harvard University doctoral candidate Rabea Eghbariah, also included an array of inflammatory rhetoric toward Jews.

In one footnote, he wrote that Israel "capitalized on the Holocaust to create a powerful narrative that monopolizes victimhood to the state." In another passage, he argued that the Holocaust created an "ethnonationalist Jewish identity" that turned a "victimized group" into "victimizers."

"The rise of Nazism to power and its culmination in the Holocaust contributed to the creation of an exclusivist and ethnonationalist Jewish identity among European Jewry, ultimately popularizing the political project of Zionism," Eghbariah wrote.

"If Apartheid taught us about the dangers of racialism and the possibility of reconciliation, and the Holocaust taught us about the banality of evil and warned 'Never Again,' the Nakba can complicate our understanding of these lessons by reminding us that group victimhood is not a fixed category, and that a victimized group may easily become victimizers."

For Mitts, those passages reflect a "terrible article" that is "poorly researched" and "poor scholarship." While law reviews "publish bad scholarship all the time," he told the Free Beacon, doing so can reflect poorly on student editors, stressing the need to ensure all Review members are aware of prospective pieces well ahead of their publication.

"Typically we think of this as kind of an academic freedom issue, but excluding students from the deliberative process around the article is not a matter of academic freedom," Mitts said. "They prevented a supermajority of members from even knowing about the article's existence—prevented them from commenting or vetoing or raising concerns. And that group certainly includes a large number of Jewish students. And that's deeply concerning."

"That's ultimately what concerned the board, because this just wasn't proper process. It wasn't proper governance. It's as if there was a takeover of the Columbia Law Review by a minority. And that's just something that can't be tolerated."

Margaret Hassel, the law review’s 2023-2024 editor in chief and recent Columbia Law School graduate, did not respond to a request for comment. Columbia Law School did not respond to a request for comment.

Founded in 1901, the Columbia Law Review is run by students and governed by a board of directors, which typically consists of faculty members and prominent alumni.

The 2023-2024 board included former Columbia Law School dean David Schizer, Politico editor Peter Canellos, and federal judge Arun Subramanian, a Biden appointee. Their board terms ended on April 11, Schizer told the Free Beacon, adding that he learned of the "Nakba" piece earlier this week. Metzger, a veteran law professor, serves as chair of the current board.

While the board's decision to shut down the Review website prompted criticism—some of which was highlighted in Associated Press and New York Times articles that referred to the "Nakba" piece as merely critical of Israel—Mitts argued that board members responded insufficiently.

"I personally think these students involved should face much more substantial consequences, because this was such a gross departure," he said. "You just shouldn’t do something like this that excludes the perspectives of members of the Law Review in such a systematic and far reaching way. Also it’s deceptive, which in and of itself is usually grounds for termination."

Eghbariah, the author of the "Nakba" piece, is no stranger to inflammatory rhetoric toward Jews. Last month, he spoke at an alternative graduation at Harvard, which was meant to honor students who were prevented from graduating thanks to their participation in an unauthorized encampment. Eghbariah urged attendees to fight for "liberation."

"The student movement will not stop and will not rest," he said. "You understood that liberation is never granted but taken; that freedom is a daily practice and struggle; that there is value in speaking up here and now."


TOPICS: Culture/Society; Gaza; Hamas; Israel; News/Current Events; US: New York; War on Terror
KEYWORDS: academia; antisemitism; columbia; columbialawreview; gaza; hamas; holocaust; israel; newyork; theholocaust; waronterror
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To: Reverend Wright
"btw total D Day casualties were less than the Russian AVERAGE per day of the entire 4 years of WW2"

Stalin "purged" over 700,000 people, including 3 of his top 5 generals and thousands of other experienced military personnel, just prior to his conspiring with Hitler to launch WWII. He didn't give a crap about the Russian people and his military tactics reflected that utter lack of concern. Human wave tactics, with unarmed conscripts, tend to increase your losses significantly. The Russian losses, while horrific, were a direct result of Stalin's criminal leadership, and in no way cheapen American losses. The real tragedy is that the Russian people were too supine to hang Stalin by his balls until he was dead.

21 posted on 06/15/2024 5:17:18 AM PDT by Flag_This (They're lying.)
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To: Twotone

Kinda weird how they omit that Jews WERE the victims of the Holocaust


22 posted on 06/15/2024 5:20:23 AM PDT by AppyPappy (Biden told Al Roker "America is back". Unfortunately, he meant back to the 1970's)
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To: HereInTheHeartland

The Post-WW2 Liberal Regime strategies of political “Containment” and “Gatekeeping”against isolationism and anti-immigration have ABSOLUTELY been based on endless invocations of D-Day / Auschwitz.

Every NeoCon war is justified as necessary to prevent another Hitler.

In 1990 Saddam was “Hitler revisited”. Milosevic is Hitler. Iran is Hitler. Putin is Hitler.

And the countries of the West are not permitted to secure their borders against an invasion of MILLIONS of phony refugees because... Jewish refugees in WW2.

And we are not allowed to oppose massive legal immigration either because opposition to “diversity” ... is also Hitler.


23 posted on 06/15/2024 9:17:24 AM PDT by Reverend Wright ( Everything touched by progressives, dies !)
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To: Flag_This

“The real tragedy is that the Russian people were too supine to hang Stalin by his balls until he was dead. “


Let’s see if the populations of then West do any better when their own Elites impose an engineered famine.

(They have already forced farm closures in Ireland and Holland.)


24 posted on 06/15/2024 9:21:05 AM PDT by Reverend Wright ( Everything touched by progressives, dies !)
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To: Reverend Wright

You have created a false narrative in your mind.
I know of no conservatives or liberals who want unchecked immigration because of the Holocaust.
And yes the Holocaust was a real thing, Holocaust deniers are wicked and evil people .
Yes Putin is an evil thug. Stalin was an evil thug. Castro was an evil thug.
And yes Ukraine is corrupt and Biden’s crooked son profited from it.
Bottom line is evil thug Putin invaded a neighboring country.
Just because Ukraine has some corrupt leaders doesn’t mean the whole country should fall prey to an evil thug.


25 posted on 06/15/2024 9:29:39 AM PDT by HereInTheHeartland (Have you seen Joe Biden's picture on a milk carton?)
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To: Reverend Wright
The left appropriated the Holocaust for anti-nationalist ends. Notice, how they are now saying Israel is commiting genocide and calling Zionists "White Supremacists" and "Nazis." I've been fighting this for a quarter century.

26 posted on 06/16/2024 2:53:32 AM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers." )
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To: Reverend Wright
You are quite confused. The collapse of the British Empire meant that someone had to ensure international trade. And we had to prevent communists taking over. Boomers were infants or ova, when the Cold War began. You talk about neoconservatives, a movement which didn't begin until the late 1960s and was started in opposition to LBJ's great society. You are using terms with no understanding of them, to justify a fantasy.
People compare things to the Nazis not because of neoconservatives, but to get liberal support.
27 posted on 06/16/2024 2:58:07 AM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers." )
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To: rmlew

Yes, the shadow or spectre of the Shoah was and is used as a weapon against any sort of nationalist self-assertion, even against the countries that fought on the Allied side. Really by Leftists, rather than Jews, per se.

The use of “Hitler” against any sort of military border dispute is limited to wars where the DC perpetual War Party (or NeoCons, or whatever) wants to join.

For example, Milosevic was “Hitler” because of forced deportations, and NATO bombed Serbia.

On the other hand, there have been 200,000 Armenians forcibly deported out of Nagorno-Karabakh. No USA fuss, and almost no media coverage, even though it is an order of magnitude larger than what was done in Serbia.


28 posted on 06/16/2024 3:07:55 AM PDT by Reverend Wright ( Everything touched by progressives, dies !)
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To: Reverend Wright
It is not original to me. The first time I heard it expressed this way was from Jonathan Bowden, who was one of the theorists of the British National Party back when they had some success.
Jonathan Bowden was a neo-Nazi and Holocaust revisionist, who mixed truth with lies as a form of indoctrination.
29 posted on 06/16/2024 3:08:16 AM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers." )
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To: rmlew

Fine. I take what is useful from Bowden, and from others.

Hell, when one describes Regimes of Truth, like the Boomer Truth Regime, the concept of Regimes of Truth is from Foucault.


30 posted on 06/16/2024 3:15:53 AM PDT by Reverend Wright ( Everything touched by progressives, dies !)
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To: Reverend Wright
For example, Milosevic was “Hitler” because of forced deportations, and NATO bombed Serbia.
The Republika Srpska army had a concentration camp for non-Serbs/Orthodox at Omarska. It wasn't just ethnic cleansing. However, the West ignored, downplayed, and ended up facilitating equal crimes by Croats including the ethnic cleansing of Krajina. This is especially repugnant, since in World War 2, the Croats had been allies of the Nazis and the Ustaše in Croatia committed their own genocide against Serbs, Jews, and Romany including having some of the worst concentration camps not run by Germans.

On the other hand, there have been 200,000 Armenians forcibly deported out of Nagorno-Karabakh. No USA fuss, and almost no media coverage, even though it is an order of magnitude larger than what was done in Serbia.
Welcome to realpolitik. The Armenians were stupid enough not to settle in the 1990s for a territorial and population exchange, after winning a war with the help of Russia. In the intervening two decades, Azerbaijan used its oil wealth and made useful allies, while the Armenians reached out to Iran. They choose very poorly. Azerbaijan's existance as an independent Azeri nation is a threat to Iran, but they turned this into their benefit by working with the US and Israel. They also reached out to China. Sure Armenians had a relationship with France and Azerbaijan with Turkey, but these NATO countries cancel each other out.

31 posted on 06/16/2024 3:22:15 AM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers." )
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To: Reverend Wright
There is another way to look at it. The suicide of the West is the revenge of the anti-nationalist mass murderer of Whites, Adolf Hitler. Diana West: Hitler’s Revenge

The BNP and BNF were handmaidens of the Left, helping them tar any nationalist movement. I would suggest reading people who understood how politics work, like Lawrence Auster

32 posted on 06/16/2024 3:32:06 AM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers." )
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To: rmlew

” However, the West ignored, downplayed, and ended up facilitating equal crimes by Croats including the ethnic cleansing of Krajina. This is especially repugnant, since in World War 2, the Croats had been allies of the Nazis and the Ustaše in Croatia committed their own genocide...”


Well as you said : “Welcome to Realpolitik”.


33 posted on 06/16/2024 3:36:18 AM PDT by Reverend Wright ( Everything touched by progressives, dies !)
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To: rmlew

The Decline of the West is the Decline of Christianity in the West.


34 posted on 06/16/2024 3:38:15 AM PDT by Reverend Wright ( Everything touched by progressives, dies !)
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