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.
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.
Cornell University law professor Joseph Margulies laments the revival of the “law and order” rhetoric triggered by the recent shootings in Dallas and Baton Rouge and seized upon as common ground for Donald Trump and the GOP. Margulies explains why greater police presence and more arrests actually make communities less safe, rather than safer, and argues that such changes threaten to undo the progress made in the criminal justice system over the past several decades.
In light of recent events in Dallas, Texas, Cornell University law professor Michael C. Dorf considers the use by local police of a “bomb robot” to kill the man who shot twelve police officers and two civilians. In particular, Dorf addresses (1) whether the use of the bomb robot represents an important change in policing, (2) whether the robot is a military tool inappropriately used in a domestic policing situation, and (3) whether its use in this instance violated the Constitution.
Cornell University law professor Joseph Margulies reacts to the lack of response by many important people and organizations to recent shootings by police of Alton Sterling in Baton Rouge, Louisiana, and Philando Castile in Falcon Heights, Minnesota. Margulies points out that when leadership is silent on an issue, people will take to the streets to try to rectify it, often perpetuating violence.
Cornell University law professor Joseph Margulies explains how two front-end criminal justice reforms—demanding moral consistency in policing and taking addiction seriously—would significantly shrink the carceral state and make it more just.
Cornell University law professor Joseph Margulies comments on the reason behind the particular configuration of criminal justice reform that we presently observe. Margulies argues that the pattern can be explained by the group-position thesis, which posits that racial attitudes are determined substantially by competition and conflict among racial and ethnic groups over resources, power, and status in society.
In this first of a two-part series of columns, Cornell University law professor Joseph Margulies begins to explain why criminal justice reform is happening. Margulies articulates three propositions toward which it is moving: (1) vulnerable populations should not be treated like “ordinary criminals”; (2) offenders deserve an opportunity to redeem themselves; and (3) the police should be monitored, but not closely regulated.
Cornell University law professor Joseph Margulies calls on us to reflect on the intensifying attacks in the United States against Islam and against the Black Lives Matter movement. Margulies argues that the attacks derive from a common source and that much can be learned from examining them together.
Cornell University law professor Joseph Margulies describes the latest challenge to criminal justice reform as the demonization of the #BlackLivesMatter movement.
Cornell University law professor Joseph Margulies reflects on his recent time spent shadowing the Cincinnati Police Department, describing its efforts to reform the relationship between the police and the community.
Cornell University law professor Joseph Margulies argues against the idea of a nationwide crime wave and warns of its dangers.
Cornell law professor Joseph Margulies describes how meaningful police reform requires starting at the top and treating the bottom as a social, rather than criminal, problem.
Cornell University visiting law professor Joseph Margulies comments on the recent death of Walter Scott, an unarmed black man whose murder by a police officer was caught on video and seen by the world. Margulies argues that Scott’s murder, while highly unusual and anomalous in some ways, also exemplifies the relationship between law enforcement and black citizens.
Cornell University visiting law professor Joseph Margulies discusses the need for meaningful criminal justice reform to include not only prison reform, but also reform of law enforcement.
Cornell University visiting law professor Joseph Margulies discusses the problems that arise when a police force is driven by a push for revenue for the city rather than by public safety needs.
George Washington University law professor and economist Neil Buchanan discusses the importance of civilian leadership of law enforcement and describes the dangers of an “us-against-them” mentality among law enforcement officers.
Cornell University law professor Michael Dorf discusses the extent to which various forms of protest by NYPD officers do (and don’t) threaten to undermine civilian control of the police.
Guest columnist and Cornell University visiting professor Joseph Margulies discusses how the Ferguson grand jury’s decision not to indict reflects the present ideology of American justice. Margulies argues that unless policymakers are willing to change that ideology that pits “us” against “them,” meaningful change will be impossible.
Chapman University law professor Ronald Rotunda critically discusses civil forteiture laws in Philadelphia, which he argues are unnecessarily harsh and extend beyond their intended purposes.