Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in Geren v. Omar & Munaf v. Geren (2008), involving detentions at Camp Cropper in Iraq. Presently he is counsel for Abu Zubaydah, whose interrogation in 2002 prompted the Bush Administration to draft the “torture memos.” In June 2005, at the invitation of Pennsylvania Senator Arlen Specter, Margulies testified at the first Senate Judiciary Committee hearing on detainee issues.

Margulies writes and lectures widely on civil liberties in the wake of September 11 and his commentaries have appeared in numerous publications, including the Washington Post, the Los Angeles Times, the Chicago Tribune, the National Law Journal, the Miami Herald, the Christian Science Monitor, the Virginia Quarterly Review, and the Legal Times. He is also the author of the widely acclaimed book, Guantánamo and the Abuse of Presidential Power (Simon and Schuster 2006). Among other accolades, Guantánamo was named one of the best books of 2006 by The Economist magazine. It received the prestigious Silver Gavel Award of 2007, given annually by the American Bar Association to the book that best promotes “the American public’s understanding of the law and the legal system.” It also won the Scribes Book Award of 2007, given annually by the American Society of Legal Writers to honor “the best work of legal scholarship published during the previous year.” He is also the author of What Changed When Everything Changed: 9/11 and the Making of National Identity (Yale Univ. Press 2013) and has won numerous awards for his work since 9/11.

Columns by Joseph Margulies
Mass Murder and the Mundane

Cornell University law professor Joseph Margulies observes that the stock market—which tends to disregard even unusual events that within a range of predictability—reflected no surprise at the extraordinary carnage of three mass murders over a period of five weeks. Margulies points out that US stock markets saw steady growth despite Stephen Paddock shooting and killing nearly 60 people and wounding over 500 more in Las Vegas; Sayfullo Saipov killing eight people and seriously injuring over ten others in Manhattan; and Devin Patrick Kelly killing 26 people and injuring 20 more in Sutherland Springs, Texas. Does this truly mean that human destruction on a scale like this has no impact on national life?

Body Worn Cameras: The Dog That Won’t Bark

Cornell University law professor Joe Margulies comments on the findings of a recent study of police body cameras that body-worn cameras made no statistically significant difference in how police go about their jobs. Margulies points out that the story is not in the absence of a difference, but in people’s surprise to the absence of a difference. Indeed, it is the routine, not the anomalous, that requires reform.

Changing Places by Changing Ourselves

Cornell University law professor Joseph Margulies describes the transformation of Olneyville, a low-income neighborhood of Providence, Rhode Island, as the result of comprehensive place-based solutions to crime and disorder. Margulies points out that the most difficult challenge to place-based strategies is politics and that before we can expect to meaningfully change places for the better, we must come to certain fundamental understandings of ourselves and our society.

Don’t Shred the Evidence

Cornell University law professor Joseph Margulies comments critically on the decision by the Bureau of Immigration and Customs Enforcement (ICE) to destroy certain records regarding detainees held in ICE custody. Margulies argues that the information ICE seeks to destroy can be helpful in assessing the conditions, staffing, supervision, and practices in various facilities, for the purpose of improving the worst ones and learning from the ones with the best practices.

Phillips

Cornell University law professor Joseph Margulies describes the remarkable transformation of Phillips, a community in Minneapolis, from “Murderapolis” to a thriving, vibrant, safe community. Margulies uses this example to point out that when police and communities they serve work together effectively, truly positive change can emerge.

What We Really Mean by the Culture War

Cornell University law professor Joseph Margulies points out that teaching about religion is substantially different from promoting one religion at the expense of another, or of promoting religiosity at the expense of agnosticism or atheism. Margulies argues that a San Diego school district’s choice to teach about Islam promotes a safe climate of respect and toleration, notwithstanding claims that it has “surrendered” to Sharia law.

Can We Stop the Attorney General?

Cornell University law professor Joseph Margulies points out that Attorney General Jeff Sessions appears poised to take criminal justice reform nationwide in the wrong direction. Margulies explains why place-based, problem-solving approaches improve community wellbeing better than saturation policing strategies like Broken Windows and Zero Tolerance.

Changing Places

Cornell Law professor Joseph Margulies explains the recent trend in criminal justice reform in Seattle to alter conditions that make a particular place criminogenic. As Margulies explains, most people and places have no involvement in criminal activity, and crime—especially violent crime—occurs at a tiny number of micro-places. Thus, the solution is not for police to view crime as widespread throughout a particular neighborhood and therefore increase police presence generally; rather, if they think of crime as confined to a small number of people and concentrated at an even smaller number of places, they can focus on working with, rather than against, communities to make them safer.

Law, Politics, and Symbolism in the Muslim Ban

Cornell University law professor Joseph Margulies argues that the significance of President Trump’s “Muslim Ban” executive order lies not in the legal issues it presents, but in its symbolism. As Margulies explains, the executive order is a symbol that will be used to mobilize support for competing narratives about American life; what ultimately matters is which narrative prevails.

Who Cares?

Cornell Law professor Joseph Margulies argues that rather than see certain individuals as monsters undeserving of empathy, we should see the humanity in every person. To illustrate his point of humanity, Margulies describes in detail the life and background of Dante Owens, who was sentenced to three consecutive life sentences.

Donald Trump and the National Security State

Cornell University law professor Joseph Margulies considers what Donald Trump’s approach to national security might be, based on the particular combination of his ideology and the technology available to him. Margulies points out that Trump has the surveillance technology that was available to Obama without the reservations about profiling.

The Many Faces of Backlash

Cornell University law professor Joseph Margulies considers how the politics of quiescence and backlash might manifest itself in the areas of criminal justice and national security. As to national security, Margulies predicts that backlash will be particularly potent, but as to criminal justice, his poor decisions that disproportionately affect poor people of color will unable to generate the same political resonance.

The End Is Nigh! Or Is It?

Cornell University law professor Joseph Margulies describes the typical pattern in politics of quiescence and backlash. As Margulies explains, it is natural for the supporters of the winning candidate to reach a sense of quiescence after the election, while the supporters of the losing candidate formulate a backlash. Margulies points out that this pattern exists regardless of whether the winning candidate is a Republican or a Democrat.

Clear Thinking About the Ferguson Effect

Cornell University law professor Joseph Margulies discusses the so-called “Ferguson Effect,” a hypothesis that increased public scrutiny of police violence correlates to higher rates of violent crime. Margulies argues that even if the Ferguson Effect is real—which he does not concede—the alternative of Zero Tolerance and other similar policies wreak havoc on poor communities of color. Margulies makes the case for communities having their own say in how they are policed.