Marc D. Falkoff

MARC D. FALKOFF

TEACHING AND ADMINISTRATION

Northern Illinois University College of Law, DeKalb, IL 2006–present Associate Dean for Academic Affairs (acting 2015–2016; 2016–present) Professor of Law (2016–present; with tenure since 2012) Associate Professor of Law (2010–2016) Assistant Professor of Law (2006–2010) Courses in Criminal Law, Criminal Procedure (Police Investigations), Criminal Procedure (Adjudication), Constitutional Law, Corporations, Federal Courts, Post-Conviction Remedies, Introduction to Lawyering Skills Director of Faculty Development (2013–2015) Brooklyn Law School, Brooklyn, NY 2004, 2006 Adjunct Professor of Law Courses in Post-Conviction Remedies and Prisoners’ Rights

State University of New York, Purchase College, Purchase, NY 1997–1998 Adjunct Professor of Literature Courses in Realism and Naturalism, Memoir Writing, Contemporary American Fiction

EDUCATION

Columbia Law School, J.D. 1998–2001 Columbia Law Review, Articles Editor James Kent Scholar, 1999–2000 Harlan Fiske Stone Scholar, 1998–1999, 2000–2001 Student Legal Action Network, President Public Interest Law Students Association, President

Brandeis University, Ph.D. (English) 1991–1997 Dissertation, Heads and Tales: American Letters in the Age of Phrenology Instructor, Writing & Composition Teaching Assistant for courses in 19th-Century American Literature, Introductory Linguistics

University of Michigan, Ann Arbor, M.A. (English) 1989–1990 Teaching Assistant for courses in Bible as Literature, Political Novel

University of Pennsylvania, B.A. (English and Psychology) 1984–1988 Cum laude and with distinction in English Pennsylvania Punch Bowl Magazine, Editor in Chief Research Assistant for Professor Betsy Erkkila

CLERKSHIPS

United States District Court for the Eastern District of New York, Brooklyn, NY 2002–2003 Law Clerk to the Honorable Jack B. Weinstein

United States Court of Appeals for the Tenth Circuit, Denver, CO 2001–2002 Law Clerk to the Honorable Carlos F. Lucero

OTHER LEGAL EMPLOYMENT

Covington & Burling, New York, NY 2004–2006 Litigation Associate. Practice chiefly in white collar defense. Principal lawyer in habeas representation of seventeen Yemeni nationals detained at Guantanamo Bay.

United States District Court for the Eastern District of New York, Brooklyn, NY 2003–2004 Habeas Corpus Special Master. Appointment by Chief Judge Edward R. Korman.

Davis Polk & Wardwell, New York, NY Summer 2001 Summer Associate NAACP Legal Defense and Educational Fund, Inc., New York, NY Summer 2000 Summer Intern, Criminal Justice Unit Southern Center for Human Rights, Atlanta, GA Summer 1999 Summer Intern

New York State Capital Defender Office, New York, NY Summer 1997 Research Intern

BOOKS AND CHAPTERS

POEMS FROM GUANTÁNAMO: THE DETAINEES SPEAK (University of Iowa Press 2007) (editor) (bestselling poetry anthology, translated into more than a dozen languages).

HABEAS CORPUS TRAINING MATERIALS (3d ed. 2003).

ARTICLES

Thoughts on American Legal Education: Past, Present, and Future, 23 CHOSUN LAW JOURNAL 3 (2016).

An Empirical Critique of JCAR and the Legislative Veto in Illinois, 65 DEPAUL LAW REVIEW 949 (2016). The Legislative Veto in Illinois: Why JCAR Review of Administrative Agency Rulemaking is Unconstitutional, 47 LOYOLA UNIVERSITY CHICAGO LAW JOURNAL 1055 (2016).

“Where is the World to Save Us From Torture?”: The Poets of Guantánamo, ROUTLEDGE COMPANION TO HUMAN RIGHTS AND LITERATURE (Routledge Press 2015).

The Hidden Costs of Habeas Delay, 83 UNIVERSITY OF COLORADO LAW REVIEW 339 (2012).

Habeas, Informational Asymmetries, and the War on Terror, 41 SETON HALL LAW REVIEW 1361 (2011) (with Jon Connolly).

Bagram, Boumediene, and Limited Government, 59 DEPAUL LAW REVIEW 851 (2010) (with Robert Knowles).

Back to Basics: Habeas Corpus Procedures and Long-Term Executive Detention, 86 DENVER UNIVERSITY LAW REVIEW 961 (2009).

Torture and Habeas Corpus as Information-Forcing Devices, 29 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW 425 (2009). This is To Whom It May Concern: A Guantánamo Narrative, 1 DEPAUL JOURNAL OF SOCIAL JUSTICE 153 (2008), reprinted in THE GUANTÁNAMO LAWYERS: INSIDE A PRISON OUTSIDE THE LAW (NYU Press 2009), and in THE UNITED STATES AND TORTURE: INTERROGATION, INCARCERATION AND ABUSE (NYU Press 2011). Conspiracy to Commit Poetry: Empathetic Lawyering at Guantánamo Bay, 6 SEATTLE JOURNAL FOR SOCIAL JUSTICE 3 (Fall/Winter 2007) (peer reviewed). Litigation and Delay at Guantánamo Bay, 10 NEW YORK CITY LAW REVIEW 393 (2007). Toward a Limited-Government Theory of Extraterritorial Detention, 62 NEW YORK UNIVERSITY ANNUAL SURVEY OF AMERICAN LAW 637 (2007) (with Robert Knowles). Abrogating State Sovereign Immunity in Legislative Courts, 101 COLUMBIA LAW REVIEW 853 (2001) (note).

O THER LEGAL WRITING (SELECTED)

The Due Process Failings of Student Disciplinary Board Hearings, CHICAGO DAILY LAW BULLETIN (July 31, 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. 14, 2014).

The Evolving Right to Counsel on State Post-Conviction Review, CHICAGO DAILY LAW BULLETIN (Sept. 26, 2013).

Afterthought Crimes and the Felony Murder Rule in Illinois, CHICAGO DAILY LAW BULLETIN (July 22, 2013).

A Death at Gitmo, LOS ANGELES TIMES (Sep. 20, 2012).

Politics at Guantánamo: The Former Chief Prosecutor Speaks, JURIST (Nov. 2, 2007), available at http://jurist.law.pitt.edu/forumy/2007/11/politics-at-guantanamo-former-chief.php.

Verses of Suffering, AMNESTY INTERNATIONAL MAGAZINE (Fall 2007) (cover story), reprinted in VIEWPOINTS: READINGS WORTH THINKING AND WRITING ABOUT (Heinle Press 7th ed., 2009).

“Booker”: A Sea-Change in Federal Sentencing?, NEW YORK LAW JOURNAL (Jan. 21, 2005) (with Alan Vinegrad).

LAW SCHOOL AND UNIVERSITY LECTURES (SELECTED)

Police Accountability and Judicial Bias, American Constitution Society Panel Discussion at Northwestern University Pritzker School of Law (Chicago: October 2016). Thoughts on American Legal Education: Past, Present, and Future, Chosun University (Gwangju, South Korea: May 2016). The Present and Future of Guantánamo, Institute of Politics, University of Chicago (Chicago: February 2015). New Perspectives on Guantanamo: Art, Activism and Advocacy, Brown University (Providence, RI: September 2014). Guantánamo, Universidad Nacional Autónoma de México (Chicago: July 2011). Guantánamo Tribunals, DePaul Law School, Human Rights Law Institute’s Iraq History Project (Chicago: Oct. 2010). Habeas Corpus as Information-Forcing Device, Seton Hall Law School (Newark, NJ: Oct. 2010). Obama’s War on Terror. McHenry County College (Crystal Lake, IL: Jan. 2010). Torture: From the Midwest to the Mideast. University of Illinois, Chicago (Chicago: Apr. 2009). Obama Orders Guantánamo to Close: What Now? Chicago-Kent Law School (Chicago: Mar. 2009). Guantánamo as Human Rights Violation. Whittier Law School, 2008–2009 Speakers Series on International Human Rights (Costa Mesa, CA: Feb. 2009). Human Rights and Literature. Brandeis University, International Center for Ethics, Justice and Public Life (Waltham, MA: Feb. 2009). Torture and Habeas Corpus As Information-Forcing Devices. Modern Language Association, Annual Conference (San Francisco: Dec. 2008). Executive Detention, Torture and Abuse. Washington University School of Law (St. Louis: Nov. 2008). Guantánamo and Habeas Corpus After the Military Commissions Act. Sturm School of Law, University of Denver (Denver: Oct. 2008). Rights Beyond Reason. Stanford University (Palo Alto: May 2008). Guantánamo: Notes from Inside the Wire. Fairfield University (Fairfield, CT: Apr. 2008). Late American Poetics and the Politics of Exception. University of Minnesota, Institute for Advanced Study (Minneapolis: Apr. 2008). Representing Guantánamo Detainees. Northwestern University (Evanston, IL: Mar. 2008). Ad Hoc Tribunals and International Law. Thurgood Marshall School of Law (Houston: Feb. 2008). Guantánamo as Human Rights Violation. DePaul University (Chicago: Feb. 2008). Adnan’s Story. Rutgers University (New Brunswick: Dec. 2007). Waging Law at Guantánamo: How Our Government Undermines Human Rights in Our Courts. Marquette University, Conference on America, Human Rights and the World (Milwaukee: Sept. 2007).

Litigation in Progress. City University of New York, Law Review Symposium, Guantanamo Bay: The Global Effects of Wrongful Detention, Torture, and Unchecked Executive Power (New York: Mar. 2007). U.S. Detention Policy in the Global War on Terror. Thomas Jefferson University School of Law (San Diego: Mar. 2006). A Report on the Guantánamo Bay Habeas Litigation. Loyola Law School (Los Angeles: Mar. 2006). Guantánamo and the Graham Amendment. Columbia Law School, Human Rights Institute (New York: Feb. 2006). Careers in Immigration Advocacy. Fordham Law School, Immigration Advocacy Project (New York: Nov. 2005).

CLE AND OTHER PUBLIC LECTURES (SELECTED)

Experts Meeting on Closing Guantánamo Bay, Inter-American Commission on Human Rights (Washington, DC: Oct. 2013). A Primer on Habeas Corpus, Tenth Circuit Bench and Bar Conference (Colorado Springs: Aug. 2013). Habeas and Congressional Restrictions on the Release of Guantánamo Detainees, Union League Club of Chicago (Chicago: Feb. 2013). Torture and Guantánamo, National Lawyer’s Guild Midwest Annual Meeting (Chicago: Mar. 2010). A Conversation About Guantánamo, French Institute Alliance Francais (Brooklyn, NY: Sept. 2009). Law Day Address. Winnebago County Bar Association (Rockford, IL: May 2009). Non-Criminal Habeas Corpus Procedure After Boumediene. Tenth Circuit Bench and Bar Conference (Colorado Springs: Sept. 2008). Habeas and Executive Detention. U.S. District Court for Eastern District of New York (Brooklyn: July 2008). Poems from Guantánamo: The Detainees Speak. DePaul University Art Museum (Chicago: Apr. 2008). Guantánamo and the inSecurity Blanket. Remy Bumppo Theatre’s ThinkTank (Chicago: Mar. 2008). Empathy and the Rule of Law at Guantánamo. Rothko Chapel (Houston: Feb. 2008). Poetry & Human Rights at Guantánamo. Amnesty International Conference (London: Dec. 2007). Poems from Guantánamo. Off-Broadway Appearance with Vanessa, Lynn, Corin, and Jemma Redgrave at the Culture Project (New York: Dec. 2007). Got to Have Habeas: Challenging Guantánamo and the Military Commissions Act. National Lawyers’ Guild’s Law for the People Convention (Washington: Nov. 2007). The Detainees Speak. Human Rights Watch Chicago Network (Chicago: Sept. 2007). Strategies for Addressing International Human Rights Violations. United Nations Development Program (Sana’a, Yemen: July 2006). Litigating the Guantánamo Bay Detainee Cases. Eastern District of New York U.S. District Courthouse (Brooklyn: June 2005).

HONORS AND AWARDS

Chicago Headline Club’s Peter Lisagor Award for Exemplary Journalism (2015) (finalist). For collected criminal-law columns published in Chicago Daily Law Bulletin in 2014. Northern Illinois University Faculty Excellence Special Recognition Award (2009). Recipient of student- nominated, university-wide recognition for excellence in teaching. Bill of Rights in Action Award (2008). Recipient of annual award from Constitutional Rights Foundation Chicago, for work on Guantánamo habeas litigation. Freedom to Publish Award (2008) (finalist). Prize awarded by the International Publishers Association (Geneva, Switzerland) to “a person who has made an important contribution to the defence and promotion of freedom to publish anywhere in the world.” Frederick Douglass Human Rights Award (2007). Recipient of annual award from Southern Center for Human Rights, for work on Guantánamo habeas litigation. Charles F.C. Ruff Pro Bono Lawyer of the Year Award (2005). Recipient of annual award from Covington & Burling, for work as principal lawyer on Guantánamo habeas litigation.

BOARD MEMBERSHIPS, BAR MEMBERSHIPS AND BAR ADMISSIONS

Board of Directors of International Justice Network (2006–present). Board of Directors of The Children’s School (Treasurer, 2015–2018).

Member of American Bar Association, New York State Bar Association, District of Columbia Bar Association, Illinois Association of Criminal Defense Lawyers, Illinois State Bar Association, National Lawyers Guild, American Constitution Society, Society of American Law Teachers, Kane County Bar Association, DuPage County Bar Association, and Winnebago County Bar Association.

Admitted to the bar in New York, Illinois, and District of Columbia. Admitted to practice in the Supreme Court of the United States; U.S. Courts of Appeals for the Second, Seventh, Tenth, and District of Columbia Circuits; and District Courts for the Eastern District of New York, Southern District of New York, Northern District of Illinois, and District of the District of Columbia.

UNIVERSITY AND COLLEGE SERVICE

UNIVERSITY Academic Planning Council (2009–present) Vice Chair (2013–present) Subcommittee Chair (2010–2012, 2013–2014) Program Review Task Force (2013) Agenda Committee (2010–present) Common Reading Experience Committee (2016–present) Institutional Review Board (2016–present) University Athletic Board (2019–present)

Faculty Senate (2013–present, ex officio) Faculty Rights and Responsibilities Subcommittee (Fall 2014) Rules and Governance Subcommittee (Fall 2014) Elections and Legislative Oversight Subcommittee (Fall 2014) Executive Committee (Fall 2014) University Council (2013–present, ex officio) Strategic Enrollment Management Committee (2018–2019) University Assessment Panel (2011–2012, 2015–2017) Mission Review & Revision Working Group (2018–2019) University Council Personnel Committee (spring 2019) Graduate Stipends Ad Hoc Committee (2018–2019) Program Prioritization Evaluation Team (2014–2017) Higher Learning Commission Minimum Faculty Qualifications Working Group (2016–2017) Student Conduct Board (formerly Class II Judicial Board) (2007–2016) Program Prioritization Coordinating Team (2014–2016) Dean of College of Law Search Committee (2015–2016) Provost Search Committee (2013–2014) Higher Learning Commission Steering Committee (Subcommittee Chair, 2011–2014) Student Conduct Advisory Board (formerly Judicial Advisory Board) (2010–2012) Dean of College of Law Search Committee (2008–2009) On-Line Teaching & Curriculum Committee (2007–2008)

COLLEGE OF LAW Curriculum Committee (2008–2009, 2015–2016 2017–present; Chair, 2017–2019) Promotion and Tenure Committee (2012–2015, 2016–present; Chair, 2019–2020) Clinical Promotion and Tenure Committee (2019–present) Admissions Committee (2008–2012; 2015–present) Faculty Adviser to American Constitution Society (2011–present) Budget Committee (2015–present) Strategic Planning and Assessment Committee (2019–present) Bench & Bar Committee (2007–2008, 2013–2014, 2017–2018; Chair, 2017–2018) Disciplinary Committee (2018–2019) Diversity and Equity Task Force (2016–2017) Self-Study and Strategic-Planning Committee (Chair, 2015–2017) Faculty Adviser for Phi Alpha Delta (2015–2016) Ad Hoc Bar Passage Committee (2015–2017) Faculty Development Committee (Chair, 2013–2016) Diversity Series Committee (2015–2017)

Faculty Adviser for Criminal Practice Certificate (2012–2016) Appointments Committee (2009–2010, 2012–2013, 2014–2015; Chair 2012–2013) Criminal Law Practice Excellence Working Group (2012–2013) Faculty Adviser to Criminal Law Society (2011–2016) Academic Standing Committee (2010–2012) Ad Hoc Technology Committee (2008–2010) Mission Statement Ad Hoc Committee (2009)

REFERENCES

Mark W. Cordes Janet Hathaway Professor Emeritus Acting Associate Dean and Associate Professor Northern Illinois University College of Law Northern Illinois University College of Visual 190 Buena Vista Drive and Performing Arts DeKalb, IL 60115-1013 Music Building (815) 756-8809 DeKalb, IL 60115 [email protected] (815) 753-8374 [email protected] Carolinda Douglass Vice Provost for Institutional Effectiveness Geoffrey Gordon Northern Illinois University Professor Altgeld Hall 310 Northern Illinois University College of DeKalb, IL 60115 Business (815) 753-0492 Barsema Hall [email protected] 740 Garden Road DeKalb, IL 60115 Jack B. Weinstein (815) 753-6226 Senior United States District Judge [email protected] United States District Court Eastern District of New York Cora Moy 225 Cadman Plaza East Assistant State’s Attorney Brooklyn, NY 11201 Cook County State’s Attorney’s Office (718) 613-2520 69 West Washington Street [email protected] Chicago, IL, 60602-3134 (312) 388-2672 Baher Azmy [email protected] Legal Director, Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 (212) 614-6464 [email protected]