Peter S. Margulies

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

“The Other Side of Autonomous Weapons: Using Artificial Intelligence to Enhance IHL Compliance,” in The Impact of Emerging Technologies on the Law of Armed Conflict, edited by Ronald T.P. Alcala & Eric Talbot Jensen (New York: Oxford University Press 2019)

National Security Law: Principles and Policy, 2d ed. (New York: Aspen Publishers 2019) (with Professors Geoffrey S. Corn, Eric Talbot Jensen & Jimmy Gurule)

“Making Autonomous Weapons Accountable: Command Responsibility for Computer-Guided Lethal Force in Armed Conflicts,” in Handbook on Remote Warfare, edited by Jens David Ohlin (Cheltenham, UK: Edward Elgar Press, 2017)

Interpretations of IHL in Tribunals of the United States (with Prof. Michael W. Lewis), in Applying International Humanitarian Law in Judicial and Quasi Judicial Bodies, edited by Philip Van Tongeren (The Hague, Netherlands: T.M.C. Asser Press 2014)

“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)

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

“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: Thomson Reuters/Foundation Press, 2009)

Articles

Textualism's Immigration Problem: Stabilizing Interpretive Rules on Noncitizens' Rights and Remedies, 50 Hofstra Law Review 259 (2022)

"Searching for Accountability Under FISA: Internal Separation of Powers and Surveillance Law", 103 Marquette Law Review 1155 (2021)

Autonomous Weapons in the Cyber Domain: Balancing Proportionality and the Need for Speed, 96 International Law Studies 394 (2020)

"The DACA Case: Agencies' "Square Corners" and Reliance Interests in Immigration Law", 2019-2020 Cato Supreme Court Review 127

"The Boundaries of Habeas: Due Process, the Suspension Clause, and Judicial Review of Expedited Removal under the Immigration and Nationality Act", 34 Georgetown Immigration Law Journal 405 (2020)

"Rescinding Inclusion in the Administrative State: Adjudicating DACA, the Census, and the Military's Transgender Policy", 71 Florida Law Review 1429 (2019)

"Legal Dilemmas Facing White House Counsel in the Trump Administration: The Costs of Public Disclosure of FISA Requests", 87 Fordham Law Review 1913 (2019)

"The Travel Ban Decision, Administrative Law, and Judicial Method: Taking Statutory Context Seriously", 33 Georgetown Immigration Law Journal 159 (2019)

"Deconstructing Sanctuary Cities: The Legality of Federal Grant Conditions That Require State and Local Cooperation on Immigration Enforcement", 75 Washington and Lee Law Review 1507 (2018)

"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)