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Marc D. FalkoffMarc D. Falkoff

Associate Dean for Academic Affairs and Professor of Law

J.D., Columbia Law School
Ph.D., Brandeis University
M.A., University of Michigan, Ann Arbor
B.A., University of Pennsylvania


Email: mfalkoff@niu.edu
Phone: 815-753-0660
Room: 199C

Biography

Marc Falkoff teaches courses in criminal law, criminal procedure, post-conviction remedies, 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 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 also writes an occasional 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.

Faculty News for Professor Falkoff

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).
  • The Prison Litigation Reform Act, in The Jailhouse Lawyer's Manual (5th ed. 2000) (with John Boston).

Articles

  • Thoughts on American Legal Education: Past, Present and Future, 23 Chosun L. J. 3 (2016).
    | PDF |
  • An Empirical Critique of JCAR and the Legislative Veto in Illinois, 65 DePaul L. Rev. 949 (2016).
    | SSRN | PDF |
  • The Legislative Veto in Illinois: Why JCAR Review of Agency Rulemaking is Unconstitutional, 47 Loy. U. Chi. L.J. 1055 (2016).
    | SSRN |
  • The Hidden Costs of Habeas Delay, 83 U. of Colo. L. Rev. 339 (2012).
    | SSRN | PDF |
  • Habeas, Informational Asymmetries, and the War on Terror, 41 Seton Hall L. Rev. 1361  (2011) (with Jon Connolly).
    | SSRN | PDF |
  • Bagram, Boumediene, and Limited Government, 59 DePaul L. Rev. 851 (2010) (with Robert Knowles).
    | SSRN | PDF |
  • Back to Basics: Habeas Corpus Procedures and Long-Term Executive Detention, 86 Denv. U. L. Rev. 961 (2009).
    | SSRN | PDF |
  • Torture and Habeas Corpus as Information-Forcing Devices, 29 N. Ill. U. L. Rev. 425 (2009).
    | SSRN | PDF
  • This Is To Whom It May Concern: A Guantánamo Narrative1 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). 
    | SSRN | PDF |
  • Conspiracy to Commit Poetry: Empathetic Lawyering at Guantánamo Bay, 6 Seattle J. Soc. Just. 3 (Fall/Winter 2007).
    | SSRN | PDF |
  • Litigation and Delay at Guantánamo Bay, 10 N.Y. City L. Rev. 393 ( 2007).
    | SSRN | PDF |
  • Toward a Limited-Government Theory of Extraterritorial Detention, 62 N.Y.U. Ann. Surv. Am. L. 637 (2007) (with Robert Knowles).
    | SSRN | PDF |
  • Abrogating State Sovereign Immunity in Legislative Courts, 101 Colum. L. Rev. 853 (2001) (note).

Criminal Convictions Column

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 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

Bar Admissions:

Illinois, New York and District of Columbia

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