Marc D. Falkoff
Associate Professor of Law
B.A., University of Pennsylvania
M.A., University of Michigan, Ann Arbor
Ph.D., Brandeis University
J.D., Columbia Law School
Marc Falkoff teaches courses in criminal law, criminal procedure, the federal courts, and lawyering skills.
Professor Falkoff joined the NIU law faculty in 2006. His primary research and teaching interests are in the rule of law and the practice of public interest law. Since 2004, he has been a principal lawyer in the habeas representation of seventeen prisoners being held by the U.S. military at Guantánamo Bay on suspicion of involvement with terrorism. For this work, he was named the Charles F.C. Ruff Pro Bono Lawyer of the Year in 2005 by Covington & Burling, LLP. He received the Frederick Douglass Human Rights Award in 2007 from the Southern Center for Human Rights, and the Bill of Rights in Action Award in 2008 from the Constitutional Rights Foundation in Chicago.
Professor Falkoff writes and speaks frequently about the rule of law in the context of the war on terror. The book of prisoner poetry he edited – Poems from Guantánamo: The Detainees Speak – was a bestselling anthology and has been translated into a dozen languages. Professor Falkoff also writes a monthly column on criminal law for the Chicago Daily Law Bulletin.
Professor Falkoff is a graduate of Columbia Law School, where he was Articles Editor for the Columbia Law Review and a James Kent and Harlan Fiske Stone Scholar. He holds a Ph.D. in American Literature from Brandeis University, an M.A. from the University of Michigan, and a B.A. from the University of Pennsylvania.
Following law school, he clerked for Judges Carlos F. Lucero of the U.S. Court of Appeals for the Tenth Circuit and Jack B. Weinstein of the U.S. District Court for the Eastern District of New York. He was appointed Habeas Corpus Special Master for the EDNY from 2003 to 2004.
Professor Falkoff has taught courses in post-conviction remedies and prisoners’ rights at Brooklyn Law School, as well as classes in contemporary American fiction, memoir writing, and realism and naturalism at Purchase College. In 2009, he received the Northern Illinois University Foundation Award for Faculty Excellence.
Books and Chapters
- Poems From Guantánamo: The Detainees Speak (University of Iowa Press, 2007) (editor).
- Habeas Corpus Training Materials (3d ed. 2003).
- The Prison Litigation Reform Act, in The Jailhouse Lawyer's Manual (5th ed. 2000) (with John Boston).
- The Hidden Costs of Habeas Delay, 83 U. of Colorado L. Rev. 339 (2012).
- Habeas, Informational Asymmetries, and the War on Terror, 41 Seton Hall L. Rev. 1361 (2011) (with Jon Connolly).
- Bagram, Boumediene, and Limited Government, 59 DePaul L. Rev. 851 (2010) (with Robert Knowles).
- Back to Basics: Habeas Corpus Procedures and Long-Term Executive Detention, 86 Denv. U. L. Rev. 961 (2009).
- Torture and Habeas Corpus as Information-Forcing Devices, 29 N. Ill. U. L. Rev. 425 (2009).
- This Is To Whom It May Concern: A Guantánamo Narrative, 1 DePaul J. Soc. Just. 153 (2008), reprinted in Guantánamo: Inside a Prison, Outside the Law (NYU Press, 2009) and The United States and Torture: Interrogation, Incarceration and Abuse (NYU Press, 2011).
- Conspiracy to Commit Poetry: Empathetic Lawyering at Guantánamo Bay, 6 Seattle J. Soc. Just. 3 (Fall/Winter 2007).
- Litigation and Delay at Guantánamo Bay, 10 N.Y. City L. Rev. 393 ( 2007).
- Toward a Limited-Government Theory of Extraterritorial Detention, 62 N.Y.U. Ann. Surv. Am. L. 637 (2007) (with Robert Knowles).
- Abrogating State Sovereign Immunity in Legislative Courts, 101 Colum. L. Rev. 853 (2001) (Note).
Criminal Convictions Column
- Overcorrecting Jury Instruction Errors, Chicago Daily Law Bulletin (Feb. 18, 2014).
- Life Without Parole for Juveniles and the Retroactivity Mess, Chicago Daily Law Bulletin (Jan. 20, 2014).
- Serious Discussions Needed on Police Tactics and False Confessions, Chicago Daily Law Bulletin (Dec. 26, 2013).
- Investigative Alerts: Smart Policy or a Way to Skirt Warrants?, Chicago Daily Law Bulletin (Nov. 25, 2013).
- Dictionary Blues: Judicial Reasoning Muddied by Definition Wrangling, Chicago Daily Law Bulletin (Oct. 24, 2013).
- The Evolving Right to Counsel on State Post-Conviction Review, Chicago Daily Law Bulletin (Sept. 26, 2013).
- The Oddly Perverse Consequences of Mandatory Sentencing Enhancements, Chicago Daily Law Bulletin (Aug. 19, 2013).
- Afterthought Crimes and the Felony Murder Rule in Illinois, Chicago Daily Law Bulletin (July 22, 2013).
- Recording Police Interrogations Has Worked -- And Should Be Expanded, Chicago Daily Law Bulletin (May 29, 2013).
- "Attempted Threat" Crimes and Oduwole, Chicago Daily Law Bulletin (Apr. 23, 2013).
Other Legal Writing
- A Death at Gitmo, Los Angeles Times (Sept. 20, 2012).
- No Room Left For Doubt: More Relevations about Guantánamo, Jurist (Jan. 19, 2009), reprinted in The Professor's Column, N. ILL. U. C. L. (Mar. 2009).
- Guantánamo in the Supreme Court...Again, Human Rights Newsletter of the Illinois State Bar Association (Apr. 2008).
- Guantánamo in the Supreme Court: Welcome Back, Welcome Back, Welcome Back, The Professor's Column, N. ILL. U. C. L. (Mar. 2008).
- Politics at Guantánamo: The Former Chief Prosecutor Speaks, Jurist (Nov. 2, 2007).
- Verses of Suffering, Amnesty Int'l Mag., Fall 2007 (cover story), reprinted in Viewpoints: Readings Worth Thinking and Writing About (7th ed. 2009).
- 'Booker:' A Sea-Change in Federal Sentencing?, 2005 N.Y. L.J., Jan. 21, 2005, at 5 (with Alan Vinegrad).
Areas of Expertise:
Criminal Law, Criminal Procedure, Federal Courts, Habeas Corpus, Post-Conviction Remedies