Peter S. Margulies

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Peter S. MarguliesProfessor of Law

Education

J.D., Columbia University
B.A., Colgate Unviersity

As an expert in National Security Law, Professor Peter Margulies focuses on the delicate balance between liberty, equality, and security in issues involving law and terrorism.  Professor Margulies has written almost a dozen articles discussing the War on Terror.  He currently works with RWU Law Professor Jared Goldstein, along with litigators from the law firm Edwards Angell Palmer & Dodge, in representing two Afghan detainees.  Professor Margulies led a national conference entitled “Legal Dilemmas in A Dangerous World: Law, Terrorism and National Security” held at RWU. 

Professor Margulies also has an extensive background in immigration law and has represented Haitian refugees and conducted outreach to community legal service providers. 

Peter Marguiles teaches Immigration Law, National Security Law and Professional Responsibility.  He has filed amicus briefs in high-visibility cases with the U.S. Supreme Court and has been frequently cited in the New York Times, the National Law Journal and other media outlets.

Books

Law’s Detour: Justice Displaced in the Bush Administration (New York: NYU Press, 2010)

“Valor's Vices: Against a State Duty to Risk Forces in Armed Conflict,” in Counterinsurgency Law: New Directions in Asymmetric Warfare, edited by William Banks (New York: Oxford University Press, 2013)

“Lawyers' Independence and Collective Illegality in Government and Corporate Misconduct, Terrorism, and Organized Crime,” in Enron and Other Corporate Fiascos: The Corporate Scandal Reader,  edited by Nancy B. Rapoport, Jeffrey D. Van Niel, Bala G. Dharan (New York, N. Y.: Thomson Reuters/Foundation Press, 2009)

Articles

Curbing Remedies for Official Wrongs: The Need for Bivens Suits in National Security Cases, 68 Case Western Reserve Law Review 1153 (2018)

Bans, Borders, and Sovereignty: Judicial Review of Immigration Law in the Trump Administration, 2018 Michigan State Law Review 1-80 (2018)

Global Cybersecurity, Surveillance, and Privacy: The Obama Administration's Conflicted Legacy, 24 Indiana Journal of Global Legal Studies 459 (2017)

Searching for Federal Judicial Power: Article III and the Foreign Intelligence Surveillance Court, 85 George Washington Law Review 800 ( 2017)

Surveillance by Algorithm: The NSA, Computerized Intelligence Collection, and Human Rights, 68 Florida Law Review 1045 (2016)

Reauthorizing the FISA Amendments Act: A Blueprint for Enhancing Privacy Protections and Preserving Foreign Intelligence Capabilities, 12 Journal of Business & Technology Law 23 (2016)

Justice at War: Military Tribunals and Article III, 49 U.C. Davis Law Review 305 (2015)

Defining Foreign Affairs in Section 702 of the FISA Amendments Act: The Virtues and Deficits of Post-Snowden Dialogue on U.S. Surveillance Policy, 72 Washington and Lee Law Review 1283 (2015)

The Boundaries of Executive Discretion: Deferred Action, Unlawful Presence, and Immigration Law, 64 American University Law Review 1183 (2015)

Deferred Action and the Bounds of Agency Discretion: Reconciling Policy and Legality in Immigration Enforcement, 55 Washburn Law Journal 143 (2015)

Dynamic Surveillance: Evolving Procedures in Metadata and Foreign Content Collection After Snowden, 66 Hastings Law Journal 1 (2014)

The NSA in Global Perspective: Surveillance, Human Rights, and International Counterterrorism, 82 Fordham Law Review 2137 (2014)

Taking Care of Immigration Law: Presidential Stewardship, Prosecutorial Discretion, and the Separation of Powers, 94 Boston University Law Review 105 (2014)

Sovereignty and Cyber Attacks: Technology's Challenge to the Law of State Responsibility, 14 Melbourne Journal of International Law 496 (2013)

Constraining Targeting in Noninternational Armed Conflicts: Safe Conduct for Combatants Conducting Informal Dispute Resolution, 46 Vanderbilt Journal of Transnational Law 1041 (2013)

Networks in Non-international Armed Conflicts: Crossing Borders and Defining “Organized Armed Group,” 89 International Law Studies 54 (2013)

Defining, Punishing, and Membership in the Community of Nations: Material Support and Conspiracy Charges in Military Commissions, 36 Fordham International Law Journal 1 (2013)

Advocacy as a Race to the Bottom: Rethinking Limits on Lawyers' Free Speech, 43 University of Memphis Law Review 319  (2012)

The Fog of War Reform: Change and Structure in the Law of Armed Conflict After September 11, 95 Marquette Law Review 1417 (2012)

Advising Terrorism: Material Support, Safe Harbors, and Freedom of Speech, 63 Hastings Law Journal 455 (2012)

Reforming Lawyers into Irrelevance?: Reconciling Crisis and Constraint at the Office of Legal Counsel, 39 Pepperdine Law Review 809 (2012)

The Ivory Tower at Ground Zero: Conflict and Convergence in Legal Education’s Responses to Terrorism, 60 Journal of Legal Education 373 (2010)

Judging Myopia in Hindsight: Bivens Actions, National Security Decisions, and the Rule of Law, 96 Iowa Law Review 195 (2010) 

The Detainees’ Dilemma: The Virtues and Vices of Advocacy Strategies in the War on Terror, 57 Buffalo Law Review 347 (2009)

True Believers at Law: National Security Agendas, the Regulation of Lawyers, and the Separation of Powers, 68 Maryland Law Review 1 (2008)

When to Push the Envelope: Legal Ethics, the Rule of Law, and National Security Strategy, 30 Fordham International Law Journal 642 (2007)

Beyond Absolutism: Legal Institutions in the War on Terror, 60 University of Miami Law Review 309 (2006)

Judging Terror in the "Zone of Twilight": Exigency, Institutional Equity, and Procedure After September 11, 84 Boston University Law Review 383 (2004)

Uncertain Arrivals: Immigration, Terror, and Democracy After September 11, 2002 Utah Law Review 481

Democratic Transitions and the Future of Asylum Law, 71 University of Colorado Law Review 3 (2000)

Progressive Lawyering and Lost Traditions, 73 Texas Law Review 1139 (1995)

Representation of Domestic Violence Survivors as a New Paradigm of Poverty Law: In Search of Access, Connection, and Voice, 63 George Washington Law Review 1071 (1995)

Courses Taught

LAW.870Immigation Clinic

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Feinstein Center for Pro Bono & Experiential Education

Course Description

Students enrolled in the immigration clinic represent noncitizens in their applications for relief from removal before the Immigration Court in Boston, prepare applications for benefits under the immigration laws and represent noncitizens in their interviews for such benefits before the U.S. Citizenship and Immigration Services in Providence. Types of cases typically include asylum and other relief based on fear of persecution in the country of removal, waivers of deportation for long-term residents of the U.S., adjustment of status for noncitizens with U.S. citizen or permanent resident family members and relief for noncitizen victims of domestic violence. Students also conduct “Know Your Rights” presentations for the immigrant communities in Rhode Island and for immigration detainees in New England, conduct intake interviews following these presentations and provide consultations under the supervision of the Clinic Director. In class, students learn trial skills and discuss substantive, ethical and policy issues relating to the practice of immigration law.

Course Type See Course Type Descriptions

Clinic/Externship

Course Credits

8.0

Course Degree

Juris Doctor

LAW.772Immigration Law

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Course Description

This course provides a survey of U.S. immigration law. The course will review the constitutional basis for regulating immigration into the United States, and, to some extent, the constitutional rights of noncitizens in the country; the contours of the immigration bureaucracy, including the roles played by various federal agencies in immigration decisions; the admission of nonimmigrants (i.e., temporary visitors) and immigrants into the U.S.; the deportation and exclusion of nonimmigrants and immigrants; refugee and asylum law; and citizenship and naturalization.

Course Type See Course Type Descriptions

Elective

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Peter S. Margulies

LAW.770International Law

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Course Description

This basic course introduces students to the central topics, ideas and principles of present-day public international law. It will also cover the judicial and other structures including the United Nations, which are central to the determination and enforcement of this legal regime.

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Elective

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

LAW.794National Security

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Course Description

This course is a survey of the major legal components of national security, including counter-terrorism; the Law of Armed Conflict; war powers issues; emergency powers of government and their relationship to civil liberties; counter-intelligence, surveillance, intelligence gathering and other covert operations; the role of international and war crimes tribunals; and analysis; and issues pertaining to access to and release of national security information. Particular emphasis will be placed on legal issues relevant to the events of September 11, 2001 and their aftermath, including recent counter-terrorism legislation and the war in the Middle East.

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Elective

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Peter S. Margulies

LAW.655Professional Responsibility

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Course Description

This course analyzes the responsibility of lawyers and judges from the perspectives of the rules and case law, the profession and the client/consumer. Topics include the historical, political, and sociological bases of legal ethics; conflicts of interests; attorney-client privilege; admission to the bar; disciplinary matters and procedures; unauthorized practice of law; attitudes toward bench and bar; professional liability; and canons of ethics and codes of professional responsibility.

Course Type See Course Type Descriptions

Core Course

Course Credits

2.0

Course Degree

Juris DoctorMaster of Studies in Law
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Course Types

We have classified RWU Law classes under the following headers. One of the following course types will be attached to each course which will allow students to narrow down their search while looking for classes.

Core Course

Students in the first and second year are required to take classes covering the following aspects of the law—contracts, torts, property, criminal law, civil procedure, and constitutional law, evidence, and professional responsibility.  Along with these aspects, the core curriculum will develop legal reasoning skills.

Elective

After finishing the core curriculum the remaining coursework toward the degree is completed through upper level elective courses.  Students can choose courses that peak their interests or courses that go along with the track they are following.

Seminar

Seminars are classes where teachers and small groups of students focus on a specific topic and the students complete a substantial research paper.

Clinics/Externships

Inhouse Clinics and Clinical Externships legal education is law school training in which students participate in client representation under the supervision of a practicing attorney or law professor.  RWU Law's Clinical Programs offer unique and effective learning opportunities and the opportunity for practical experience while still in law school.