Last week, Brown, Northwestern, and the University of Minnesota struck deals with small but loud groups of Israel-hating students: take down your disruptive protest encampments, and we'll agree to consider divesting from companies doing business with Israel. As corporate law professors who were involved in the successful campaign to reverse Ben & Jerry's Israel boycott, we see the universities starting to head down the same perilous path as the ice cream maker.
The universities are making the same mistake the ice cream maker did: vastly overweighting the view of the protesters they happen to see every day, and insufficiently considering the views of all their stakeholders.Even before the divestment issue was raised, current and prospective students began reevaluating where they attend school, parents and alums were furious and pro-Israel donors were already withholding contributions because they see universities as aiding and abetting antisemitism.