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Criminal Law and Procedure
Associate Professor and Animal Legal Defense Fund Professor of Law
B.A. summa cum laude, 2000, Boston College (Philosophy)
J.D., cum laude, Harvard Law
Prior to joining the faculty at the College of Law, Professor Marceau clerked for the Honorable Sidney R. Thomas, Ninth Circuit Court of Appeals, and worked as a litigation associate with the law firm Heller Ehrman, LLP (San Francisco). Subsequently, Professor Marceau was an Assistant Federal Public Defender (District of Arizona) specializing in capital habeas corpus appeals. Professor Marceau continues to actively practice law as counsel of record, as a consultant, and as an expert witness. Since joining the faculty he was lead counsel in a federal habeas corpus trial and he has been counsel of record on a number of briefs. He has lectured at CLEs and been invited to present his work to judicial conferences. He regularly consults on cases with habeas attorneys and joins or authors amicus briefs for the Supreme Court.
Professor Marceau’s research interests include habeas corpus, the death penalty, criminal procedure, criminal law, constitutional law and animal law. Professor Marceau also litigates and consults for a leading animal welfare non-profit, the Animal Legal Defense Fund.
- High Value Lies, Ugly Truths and the First Amendment, co-authored with Alan Chen, forthcoming 69 Vand. L. Rev. ____ (2016).
- Brief of Habeas Corpus Scholars and Professors as Amici Curiae Supporting Petitioner Appellee Ernest Dewayne Jones and Supporting Affirmation (March 29, 2015).
- Waking the Furman Giant, co-authored with Sam Kamin, UC Davis Law Review, forthcoming.
- Is Guilt Dispositive? Federal Habeas after Martinez, 55 William & Mary Law Review 2071 (2014).
- Taking Voluntariness Seriously, co-authored with Ian Farrell, 54 Boston College L. Rev.1545 (2013).
Recent Litigation Involvement
- Counsel of Record in cutting edge federal litigation challenging the legality of Ag Gag laws (2012-present) (challenging statutes in Utah and Idaho through federal pleadings, motions practice and arguments).
- Consulting and testifying expert regarding Eighth Amendment arbitrariness in death penalty.
- Counsel in Chevron v. Donziger (2nd Cir. 2014).
- Counsel of Record for amicus brief on the merits on behalf of the National Association of Criminal Defense Lawyers, White v. Woodall (U.S. S.Ct. 2014).
- Counsel of Record, Hunton v. Sinclair, amicus brief in support of en banc on behalf of the National Association of Criminal Defense Lawyers, Hunton v. Sinclair (9th Cir. 2014).
- Counsel of Record for amicus brief on behalf of Criminal Law Professors in support of certiorari in Selsor v. Workman (U.S. S.Ct. 2012).
- Counsel of Record for amicus brief in support of a petition for certiorari on behalf of the Roderick MacArthur Justice Center and the National Association of Criminal Defense Lawyers, among other amici, in Griffith v. Rednour (U.S. S.Ct. 2011).
- Amici Curiae, “Scholars of Habeas Corpus Law” in support of petition for certiorari in the U.S. Supreme Court (2010).
- Lead counsel for a state prisoner in a multiple day federal habeas corpus trial, District of Arizona (2009).
- Authored a petition a writ of certiorari to United States Supreme Court in Flores v. Schriro (2009).
- Co-authored an amicus brief on the merits on behalf of the National Association of Federal Defenders and the National Association of Criminal Defense Lawyers, Bell v. Kelly (U.S. S.Ct. 2008).