Now showing items 1-20 of 30

    • Afterthought Crimes and the Felony Murder Rule in Illinois 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-07-22)
      Last month, the Mississippi Supreme Court held that a defendant who decided to commit a robbery after killing his victim could be convicted of capital murder on the basis of a “felony-murder” theory. In other words, in ...
    • "Attempted Threat" Crimes and Oduwole 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-04-23)
      Last month, an appellate court reversed the conviction of Olutosin Oduwole — a former Southern Illinois University student and aspiring rap artist — for an “attempt to make a terroristic threat” (People v. Oduwole, __ ...
    • Back to Basics: Habeas Corpus Procedures and Long-Term Executive Detention 

      Falkoff, Marc D. (2009)
      The lesson from the Hamdi plurality and the Court in Boumediene is not that all hearsay is admissible in an executive-detention habeas action, but rather that the district courts should exercise their discretion in determining ...
    • Bagram, Boumediene, and Limited Government 

      Falkoff, Marc D. (2010)
      The United States’ prison at Bagram Airbase in Afghanistan is the latest front in the battle over the extraterritorial reach of the Constitution. Habeas litigation on behalf of Bagram detainees has begun establishing how ...
    • Dictionary Blues: Judicial Reasoning Muddied by Definition Wrangling 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-10-24)
      Maybe it would be best if judges left their dictionaries on the shelf. That’s the conclusion I reached after reading an Illinois court opinion last month, in which the decision turned on the dictionary definition of a ...
    • The Due Process Failings of Student Disciplinary Board Hearings 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-07-31)
      If you want to understand why the “technicalities” of a criminal trial are important — things like hearsay rules, an elevated burden of proof and the right to counsel — try sitting in on a university disciplinary hearing, ...
    • Eavesdrop Law's Demise Means Loss of Privacy 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-04-17)
      Last month, the Illinois Supreme Court struck down a key provision of our state’s anti-eavesdropping laws. The high court held in a pair of cases that it’s unconstitutional to punish someone as a felon simply for audio ...
    • An Empirical Critique of JCAR and the Legislative Veto in Illinois 

      Falkoff, Marc D. (2016)
      This Article collects and analyzes nearly four decades’ worth of data concerning the legislative oversight of administrative agency rulemaking in Illinois. Its chief purpose is to assess the efficacy of the state’s legislative ...
    • The Evolving Right to Counsel on State Post-Conviction Review 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-09-26)
      Fifty years after Gideon v. Wainwright announced that lawyers at state criminal trials are constitutional necessities and not luxuries, the metes and bounds of the right to counsel are still being hashed out in the courts. ...
    • Fascinating Legal Questions Posed in Recent Criminal Law Cases 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-05-15)
      Each month, as I prepare to draft this column, I place new judicial opinions from the Illinois criminal courts into a file folder. I also add newspaper clips covering all sorts of crime-related topics, from flawed police ...
    • Guantánamo in the Supreme Court: Welcome Back, Welcome Back, Welcome Back 

      Falkoff, Marc D. (Northern Illinois University College of Law, 2008-03)
      Boumediene v. Bush is the latest of the Guantánamo detainee cases to make it to our nation’s highest court, and it will be the third time that the Justices take a metaphorical tour of Guantánamo in order to sort out some ...
    • Guantánamo in the Supreme Court: Welcome Back, Welcome Back, Welcome Back 

      Falkoff, Marc D. (Northern Illinois University College of Law, 2008-03)
    • Habeas, Informational Asymmetries, and the War on Terror 

      Falkoff, Marc D. (2011)
      Although most American lawyers and legal scholars are primarily familiar with habeas corpus in the context of federal review of state convictions, habeas petitions have been used to challenge detention by the executive ...
    • The Hidden Costs of Habeas Delay 

      Falkoff, Marc D. (2012)
      Because habeas petitioners seek a court order for liberty rather than compensation, judges have a duty to decide habeas petitions promptly. But increasingly, the federal courts have fallen behind on their heavy habeas ...
    • Illinois Supreme Court Should Consider Reasonable Doubt Issue 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-06-25)
      Last month, a state appellate court reversed the conviction of Mark Downs —a gang member serving 70 years for the murder of a 6-year-old boy — because the trial court attempted to answer a jury question about the definition ...
    • Investigative Alerts: Smart Policy or a Way to Skirt Warrants? 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-11-25)
      Chicago’s little-understood “investigative alert” system has been in the news a lot in the past year. It was denounced by an appellate court judge as an “end run” around the Constitution and criticized in a news story as ...
    • The Legislative Veto in Illinois: Why JCAR Review of Agency Rulemaking is Unconstitutional 

      Falkoff, Marc D. (2016)
      This Article argues that legislative vetoes of administrative agency rulemaking in Illinois are unlawful under the state’s constitution. It focuses on the Joint Committee on Administrative Rules (“JCAR”), a bipartisan ...
    • Life Without Parole for Juveniles and the Retroactivity Mess 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-01-20)
      Over the past year, the Illinois appellate courts have been making a muddle of our state’s retroactivity doctrine, stretching the law by ordering some prisoners who committed murders as juveniles to be resentenced. The ...
    • Litigation and Delay at Guantánamo Bay 

      Falkoff, Marc D. (2007)
      This article explores litigation delays occurring at the Guantámo Bay Naval Base. The author uses his clients to illustrate some of the issues that have arisen with overseas detention cases. Through his clients’ experience ...