Marc D. Falkoff
Marc Falkoff teaches courses primarily in civil rights, constitutional law, criminal law, criminal procedure, post-conviction remedies, and the federal courts.
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 represented a number of 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 is a graduate of Columbia Law School, where he was articles editor for the Columbia Law Review, and was 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. Professor Falkoff served as Associate Dean for Academic Affairs for the College of Law from 2015 to 2020.
Areas of Expertise
- Criminal law
- Criminal procedure
- Federal courts
- Habeas corpus
- Post-conviction remedies
Books and Chapters
- “Where is the World to Save Us from Torture?": The Poets of Guantánamo, in The Routledge Companion to Literature and Human Rights (Routledge 2016).
- Poems From Guantánamo: The Detainees Speak (University of Iowa Press, 2007) (editor).
- Habeas Corpus Training Materials (3d ed. 2003).
- Thoughts on American Legal Education: Past, Present and Future, 23 Chosun L. J. 3 (2016).
- An Empirical Critique of JCAR and the Legislative Veto in Illinois, 65 DePaul L. Rev. 949 (2016). (also available in SSRN)
- The Legislative Veto in Illinois: Why JCAR Review of Agency Rulemaking is Unconstitutional, 47 Loy. U. Chi. L.J. 1055 (2016). (also available in SSRN)
- The Hidden Costs of Habeas Delay, 83 U. Colo. L. Rev. 339 (2012). (also available in SSRN)
- Habeas, Informational Asymmetries, and the War on Terror, 41 Seton Hall L. Rev. 1361 (2011) (with Jon Connolly). (also available in SSRN)
- Bagram, Boumediene, and Limited Government, 59 DePaul L. Rev. 851 (2010) (with Robert Knowles). (also available in SSRN)
- Back to Basics: Habeas Corpus Procedures and Long-Term Executive Detention, 86 Denv. U. L. Rev. 961 (2009). (also available in SSRN)
- Torture and Habeas Corpus as Information-Forcing Devices, 29 N. Ill. U. L. Rev. 425 (2009). (also available in SSRN)
- 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). (also available in SSRN)
- Conspiracy to Commit Poetry: Empathetic Lawyering at Guantánamo Bay, 6 Seattle J. Soc. Just. 3 (Fall/Winter 2007). (also available in SSRN)
- Litigation and Delay at Guantánamo Bay, 10 N.Y. City L. Rev. 393 ( 2007). (also available in SSRN)
- Toward a Limited-Government Theory of Extraterritorial Detention, 62 N.Y.U. Ann. Surv. Am. L. 637 (2007) (with Robert Knowles). (also available in SSRN)
- Abrogating State Sovereign Immunity in Legislative Courts, 101 Colum. L. Rev. 853 (2001) (note).
- The Due Process Failings of Student Disciplinary Board Hearings, Chicago Daily Law Bulletin (July 31, 2014).
- Illinois Supreme Court Should Consider Reasonable Doubt Issue, Chicago Daily Law Bulletin (June 25, 2014).
- Fascinating Legal Questions Posed in Recent Criminal Law Cases, Chicago Daily Law Bulletin (May 15, 2014).
- Eavesdrop Law's Demise Means Loss of Privacy, Chicago Daily Law Bulletin (Apr. 17, 2014).
- Pro Bono Scholars Idea Could Enhance Legal Education, Provide Aid to Needy, Chicago Daily Law Bulletin (Mar. 26, 2014).
- 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 Revelations about Guantánamo, Jurist (Jan. 19, 2009), reprinted in The Dean'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 Dean'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).
Illinois, New York and District of Columbia