Academic Boycotts of Israel Might Be Illegal

The National Women’s Studies Association recently joined the American Studies Association in resolving to boycott Israeli institutions; similar resolutions are now being considered by the American Anthropological Association and the American Historical Association. Eugene Kontorovich argues that these boycotts may violate the law:

Academic associations’ boycott actions may be invalid under the ultra vires doctrine of corporate law. That rule limits a corporation from acting beyond its chartered purposes. In the modern era, ultra vires has little relevance for regular, . . . for-profit companies. However, it still matters for non-profits, which often specifically limit their activities and goals in their constitutions. Such constitutional limitations are binding, and corporate actions that go beyond the express constitutional powers and purposes can be [prohibited by the courts]. . . . [M]ost scholarly associations’ constitutions dedicate them solely to advancing knowledge and research in their field. Such purposes not only fail to authorize boycotts but also exclude them.

Read more at Washington Post

More about: Academia, BDS, Israel & Zionism, Law

Planning for the Day after the War in the Gaza Strip

At the center of much political debate in Israel during the past week, as well as, reportedly, of disagreement between Jerusalem and Washington, is the problem of how Gaza should be governed if not by Hamas. Thus far, the IDF has only held on to small parts of the Strip from which it has cleared out the terrorists. Michael Oren lays out the parameters of this debate over what he has previous called Israel’s unsolvable problem, and sets forth ten principles that any plan should adhere to. Herewith, the first five:

  1. Israel retains total security control in Gaza, including control of all borders and crossings, until Hamas is demonstrably defeated. Operations continue in Rafah and elsewhere following effective civilian evacuations. Military and diplomatic efforts to secure the hostages’ release continue unabated.
  2. Civil affairs, including health services and aid distribution, are administered by Gazans unaffiliated with Hamas. The model will be Area B of Judea and Samaria, where Israel is in charge of security and Palestinians are responsible for the civil administration.
  3. The civil administration is supervised by the Palestinian Authority once it is “revitalized.” The PA first meets benchmarks for ending corruption and establishing transparent institutions. The designation and fulfillment of the benchmarks is carried out in coordination with Israel.
  4. The United States sends a greatly expanded and improved version of the Dayton Mission that trained PA police forces in Gaza after Israel’s disengagement.
  5. Abraham Accords countries launch a major inter-Arab initiative to rebuild and modernize Gaza.

Read more at Times of Israel

More about: Gaza Strip, Gaza War 2023, Israeli Security, U.S.-Israel relationship