In this second of a series of columns about the COVID-19 protests, Cornell law professor Joseph Margulies argues, with some caveats, that workers have the moral authority to reopen their businesses in order to sustain themselves. Margulies notes that while he is not advising anyone to disobey the law (and while he personally supports the lockdown orders), business owners facing the impossible decision whether to follow the law or sustain themselves and their families are morally justified in defying the stay-at-home orders.
Cornell law professor Joseph Margulies comments on the protests that have erupted over COVID-19 restrictions. Margulies argues that because the state cannot (or will not) live up to its end of the social contract by committing to sustain people’s livelihood for the duration of the restrictions, the protests are morally legitimate.
Cornell law professor Joseph Margulies observes that the COVID-19 pandemic reveals our shared equality as individuals but also lays bare the inequality of American society. Margulies argues that equality is an outcome achieved by one in aid to another, and by government in aid to all in need.
Cornell law professor Joseph Margulies calls upon President Trump to condemn the rise of anti-Asian calumny and violence and contrasts Trump’s actions today with those of President George W. Bush after the September 11 attacks. Margulies points out that immediately after 9/11, President Bush defined national identity in the language of equality and tolerance, stressing that Muslims and Arab-Americans were not the enemy.
Cornell law professor Joseph Margulies observes how the COVID-19 pandemic is exposing the cruel folly of neoliberal governance. Margulies points out that neoliberalism—the idea that social problems are better solved by the private sector than by government—has brought millions of Americans to the edge of financial and physical ruin, and COVID-19 will push them over. He argues that now more than ever, we must be communitarians rather than individualists.
Cornell law professor Joseph Margulies points out that in the face of the present COVID-19 pandemic, there seems to be general consensus nationwide that the federal government should intervene to mitigate the economic damage, even among those who very recently believed that social problems are better solved by the private sector than by the government. Margulies asks whether this new perspective will also evoke compassion. He points out that, given the expected duration of the fight against the novel coronavirus, $2,500 is not nearly sufficient for a struggling family of four who can no longer work. What will we do for the tens of millions of Americans facing disaster?
Cornell law professor Joseph Margulies points out that when a nation doesn’t have the money to fix its roads but does give money away to help the rich get richer, that is a sign of a nation in collapse. Margulies describes the shift to neoliberal thinking under Nixon that has produced record levels of economic inequality and explains why the Trump administration’s proposed economic policies would benefit only the rich.
Cornell law professor Joseph Margulies comments on some of the national myths about America and explains why they are at best misleading, and at worst, outright lies. For example, Margulies debunks the claim that America is “the land of opportunity” and “the land of milk and honey.”
Cornell law professor Joseph Margulies reminds us that the rule of law exists in the United States primarily to conceal politics; that is, one cannot rely on having “the law” on one’s side if politics are opposed. Margulies illustrates this point by replacing “the lawyers reviewed the law and decided” with “the high priests studied the entrails and decided”—a substitution that ultimately yields the same results.
Cornell law professor Joseph Margulies discusses the public dimension of forgiveness and explains why politics are inherent in the act of forgiving. Margulies describes numerous examples of people whose arguably comparable transgressions resulted in society’s vastly different degrees of willingness to forgive them.
Cornell law professor Joseph Margulies addresses comments made in an op-ed by Atlanta District Attorney John Melvin that opponents of restrictive abortion laws are similar to Nazis or supporters of Jim Crow laws. Margulies explains why the comparison is not only intellectually and morally bankrupt, but also shameful, deserving of the most direct condemnation.
Cornell law professor Joseph Margulies explains why and how a progressive prosecutor should work to correct injustice throughout the criminal justice system. Margulies argues that a prosecutor must not, for example, turn a blind eye to the prisons in her state or pursue convictions for unjust laws.
Cornell law professor Joseph Margulies describes several refreshing perspectives in the area of criminal justice reform that tackle the crucial and difficult issue of violent crime. By way of background, Margulies explains the simplistic and erroneous idea that drives the enormous (and enormously expensive) carceral state and explains the importance of recognizing humanity in order to begin to dismantle it.
Cornell law professor Joseph Margulies describes seven steps that progressive prosecutors must take to advance three fundamental principles of meaningful criminal justice reform—dignity, community, and equity. Margulies explains the importance of going beyond piecemeal initiatives to truly embracing and furthering an alternative organizing vision for the prosecutorial function.
Cornell law professor Joseph Margulies reflects on a class he taught in a prison last Election Day that presents questions of elections and fear in an age of tribalism. Margulies describes the heightened state of fear in the United States, defines tribalism, and explains why true freedom requires an open—rather than closed—mind.
Cornell law professor Joseph Margulies discusses a comment within a speech by Professor Marc Lamont Hill that sparked recent controversy and led to his termination as a political commentator at CNN. While critics claim Professor Hill’s speech implied a desire for the complete and total destruction of the State of Israel, Margulies argues that focusing on one line in a much longer speech is insufficient to glean the true meaning behind Hill’s message.
Cornell law professor Joseph Margulies explains the difference between preferences and norms and argues that when social norms and personal preferences conflict, the norm must win. Margulies laments that President Donald Trump misunderstands the elemental distinction between social norms and personal preferences and accepts the norm as legitimate only to the extent it coincides with his personal views.
In the wake of the tragedy in Pittsburg, which in some ways mirrors the 2015 terrorist attacks in Paris, Cornell law professor Joseph Margulies draws upon his experience representing Abu Zubaydah—the first person held in the CIA "enhanced interrogation program"—to provide an answer the question of how one can represent someone so many people hate. Margulies argues that the advocate’s highest calling is to insist upon humanity even when society is most determined to deny it.
In this second of a four-part series about a new approach to community well-being, Cornell law professor Joseph Margulies comments on the problem of displacement. Margulies points out that influx of capital is not necessarily bad for community well-being but distinguishes gentrification, which can be good, from displacement, which is harmful to communities.
Cornell law professor Joseph Margulies argues that the current approach to community well-being will not save the American city. Rather, Margulies points out that communities must remove wealth from individual ownership and place it in the shared hands of the community.