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Criminal Law
Criminal Procedure
Advanced Criminal Procedure
Constitutional Litigation
Animal Law

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Justin Marceau

Criminal Law and Procedure
Constitutional Law
Environmental and Natural Resources Law

Professor and Animal Legal Defense Fund Professor of Law

B.A. summa cum laude, 2000, Boston College (Philosophy)
J.D., cum laude, Harvard Law

Professor Marceau joined the College of Law in 2008. The focus of his teaching and scholarship includes criminal law, criminal procedure, federal jurisdiction, constitutional law, habeas corpus, the death penalty, and animal law. He graduated first in his class from Boston College and from Harvard Law School, cum laude. He co-wrote the West case book on the Death Penalty (2016), a Carolina Press case book on Habeas Corpus (2012), and has published extensively on issues involving civil rights and post-conviction review. His most recent articles have been published in, among other places, the Yale Law Journal, the Columbia Law Review, the Vanderbilt Law Review, the Boston College Law Review, and the George Washington Law Review. He has previously been voted best teacher of the year.

Professor Marceau holds what is believed to be the first animal law chair in the country, the Animal Legal Defense Fund Professorship. He was recognized as 2016 Vermont Law School Distinguished Scholar in Sustainable Agriculture and Food Systems and spent two weeks in residence at the Vermont Law School. He is actively researching a variety of food and animal law issues in preparation for a variety of courses and articles he hopes to pursue in the future.

Professor Marceau remains an active litigator. He has represented capital prisoners, non-capital prisoners, individuals and a variety of professional organizations, including the National Association of Criminal Defense Lawyers, and the Animal Legal Defense Fund. He works on cutting edge constitutional, civil rights and criminal cases.

Prior to joining the faculty, Professor Marceau clerked on the Ninth Circuit Court of Appeals and worked as an Assistant Federal Public Defender.

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Featured Publications

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).