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Paul Marcus 

Haynes Professor of Law, William & Mary Law School

J.D., 1971, University of California-Los Angeles
A.B., 1968 A.B., University of California-Los Angeles              

Areas of Specialization

Comparative and Foreign Law; Constitutional Law--4th, 5th, 6th Amendments; Criminal Law; Criminal Procedure Law; Entertainment and Sports Law; Intellectual Property Law--Copyright Law; Law and Literature

Representative Professional Activities and Achievements

Joined the College of William and Mary, Marshall-Wythe School of Law faculty in 1992. Clerked for the U.S. Court of Appeals for the District of Columbia Circuit. Practiced law at Loeb and Loeb in Los Angeles. Served as Dean of the University of Arizona School of Law, taught at the University of Illinois School of Law and was a visiting professor at the University of Geneva, University of Melbourne, University of Puerto Rico, University of San Diego and the University of Texas.
Author of Criminal Procedure in Practice, The Entrapment Defense, The Prosecution and Defense of Criminal Conspiracy Cases, and articles in the American Journal of Comparative Law and the Cornell, Georgetown, William and Mary, Florida, Southern California, and American Criminal law reviews. Co-author of Copyright and other Aspects of Law Pertaining to Literary, Musical and Artistic Works; Criminal Law: Cases and Materials; and Criminal Procedure: Cases and Materials.
Member of the American Bar Association Committees on the Rules of Criminal Procedure and Evidence, International Criminal Law, and Law School Curriculum. Chair and member of numerous committees within the Association of American Law Schools. Co-reporter for the National Right to Counsel Committee, 2004-2007. Founder of the Literature and the Law Program at the Central Virginia Regional Jail. Frequently interviewed by the media (Wall Street Journal, New York Times, Washington Post, Los Angeles Times, CBS, NPR, ABC) as an expert in criminal law and procedure. Recipient of the Distinguished Citizen of the Year Award, University of Arizona; Volunteer of the Year Award, Williamsburg Big Brothers Mentoring Program; the Walter L. Williams, Jr. Teaching Award; and nominated by the College of William and Mary for several state and national recognition awards.

Scholarly Publications

Books

  • Co-author, QUESTIONS AND ANSWERS IN CRIMINAL LAW (Lexis & Co. 2003) (with Emily Levine).
  • CRIMINAL PROCEDURE IN PRACTICE (NITA Press 2001) (commentary by J. Zimmermann).
  • THE PROSECUTION AND DEFENSE OF CRIMINAL CONSPIRACY CASES (Matthew Bender & Co., 1978, 7 revisions, Annual Supplements) [Vol. 1, 737 pp.; Vol. 2, 746 pp.; Supplement, 54 pp.].
  • Chair and Draftsman, DRUG TESTING IN THE WORKPLACE, A SUBSTANCE ABUSE TESTING ACT (INST. OF BILL OF RTS. L. (1991)).
  • THE ENTRAPMENT DEFENSE (Michie & Co. 1989) (annual supplements).
  • Co-author, CRIMINAL LAW: CASES AND MATERIALS (Matthew Bender 1982) (with Joseph G. Cook) (annual supplements and teacher's manual).
  • Co-author, CRIMINAL PROCEDURE: CASES AND MATERIALS (Matthew Bender 1981) (with Joseph G. Cook) (annual supplements and teacher's manual).

Book Revisions and Supplements

  • Co-author, CRIMINAL PROCEDURE: CASES AND MATERIALS (LexisNexis 7th ed. 2009) (with Joseph G. Cook and M. Wilson) (annual supplements and teacher's manual). [6th Edition, 884 pp.; 5th Edition, 859 pp.; 4th Edition, 904 pp.; 3d Edition, 860 pp.]
  • Co-author, CRIMINAL LAW: CASES AND MATERIALS (Lexis Publishing 6th ed. 2008) (with Linda A. Malone, and Geraldine Moohr) (annual supplements and teacher's manual). [5th Edition, 832 pp.; 4th Edition, 891 pp.; 3d Edition, 868 pp.; 2d Edition, 897 pp; 1st Edition, 967 pp.]
  • Co-author, QUESTIONS AND ANSWERS IN CRIMINAL LAW (Lexis & Co. 2d ed. 2007) (with Emily Levine).
  • Co-author, CASES AND MATERIALS ON COPYRIGHT AND OTHER ASPECTS OF ENTERTAINMENT LITIGATION INCLUDING UNFAIR COMPETITION, DEFAMATION, PRIVACY (LexisNexis, Matthew Bender & Co. 8th ed. 2010) (with D. Myers & D. Nimmer). [7th Edition, 1341 pp]
  • Co-author, GILBERT LAW SUMMARY: CRIMINAL PROCEDURE (Harcourt, Brace, Jovanovich 8th ed. 2010) (with M. Wilson). [7th Edition, 846 pp.]
  • CRIMINAL PROCEDURE IN PRACTICE (NITA Press 2d ed. 2003) (commentary by J. Zimmermann).
  • THE ENTRAPMENT DEFENSE (Michie & Co. 4th ed. 2009) (annual supplements). [3d Edition, 747 pp.; 2d Edition, 742 pp.]
  • Annual Supplement, THE PROSECUTION AND DEFENSE OF CRIMINAL CONSPIRACY CASES (LexisNexis 1978) (2 volumes with 7 revisions).

Articles

  • Co-author, Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds, Part 2, 18 TUL. J. INT'L & COMP. L. 335 (2010) (with Vicki Waye). SSRN.
  • Why the United States Supreme Court Got Some [but not a lot] of the Sixth Amendment Right to Counsel Analysis Right, 21 ST. THOMAS LAW REV. 142 (2009). SSRN.
  • Capital Punishment in the United States, and Beyond, 31 MELBOURNE UNIVERSITY L. REV. 837 (2007). SSRN.
  • Co-author, The Right to Counsel in Criminal Cases: A National Crisis, 57 HASTINGS L.J. 1031 (2006) (with Mary Sue Backus). SSRN.
  • It's Not Just About Miranda: Determining the Voluntariness of Confessions in Criminal Prosecutions, 40 VAL. U. L. REV. 601 (2006). SSRN.
  • The Entrapment Defense: An Interview, 30 OHIO N.U. L. REV. 211 (2004).
  • Co-author, Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds, 12 TUL. J. INT'L & COMP. L. 27 (2004) (with Vicki Waye). SSRN.
  • Co-author, Are Virginia Capital Jurors Any Different from the Rest?, 44 WM. & MARY L. REV. 2063 (2003) (with Stephen P. Garvey).
  • Re-Evaluating Large Multiple Defendant Criminal Prosecutions, 11 WM. & MARY BILL RTS. J. 67 (2002). SSRN.
  • Investigatory Practices and the Changing Entrapment Defense, 36 CRIM. L. BULL. 238 (2000).
  • Co-author, Correcting Deadly Confusion: Responding to Jury Inquiries in Capital Cases, 85 CORNELL L. REV. 627 (2000) (with Stephen P. Garvey & Sheri Lynn Johnson). SSRN.
  • The Challenge of Prosecuting Organized Crime in the United States: Procedural Issues, 44 WAYNE L. REV. 1379 (1998), XVI International Congress of Penal Law, United States Reporter.
  • The Use of Criminal Statutes to Regulate Financial Markets in the United States, 46 AMER. J. COMP. L. 589 (1998), Fifteenth Congress of the International Academy of Comparative Law, United States Reporter on Criminal Law.
  • Co-author, Forum on Attorney's Fees in Copyright Cases: Are We Running Through the Jungle Now or Is the Old Man Still Stuck Down the Road?, 39 WM. & MARY L. REV. 65 (1997), reprinted in 19 ENT. L. REP. 4 (1997), and in ENTERTAINMENT PUBLISHING AND THE ARTS HANDBOOK 51 (1998-99) (with D. Nimmer). SSRN.
  • The United States Criminal Justice System: A Brief Overview, Punishing the Convicted Criminal Defendant in the United States, Restrictions on Law Enforcement Investigation and Prosecution of Crime, 1996 Proceedings of the Criminal Justice Institute, Federal University of Rio Grande do Sul, Porto Alegra, Brazil.
  • Presenting, Back From the [Almost] Dead, the Entrapment Defense, 47 U. FLA. L. REV. 205 (1996). SSRN.
  • Criminal Justice Reforms in the United States, 1994 Proceedings of the International Congress of Penal Law (United States Reporter).
  • Alternative Penal Sanctions, 42 AMER. J. COMP. L. 703, Fourteenth Congress of the International Academy of Comparative Law (United States National Reporter on Criminal Law 1994).
  • A Return to the "Bright Line" Rule of Miranda, 35 WM. & MARY L. REV. 93 (1993). SSRN.
  • The Fall and Rise of the Entrapment Defense, THE CHAMPION, Sept. 1992, at___.
  • Criminal Conspiracy Law: Time to Turn Back from an Ever Expanding, Ever More Troubling Area, 1 WM. & MARY BILL OF RTS. J. 1 (1992), reprinted in CRIMINAL PRACTICE LAW REPORT (Feb. 1993). SSRN.
  • The Search and Seizure Provision of the United States Constitution, ARIZ. LAW., July 1991, at 44.
  • Co-author, Limiting Disclosure of Rape Victims' Identities, 64 S. CALIF. L. REV. 1019 (1991) (with T. McMahon). SSRN.
  • The Exclusion of Evidence in the United States, 26 Amer. J. of Comparative Law 595 (1990), Thirteenth Congress of the International Academy of Comparative Law (United States National Reporter on Criminal Law).
  • The Due Process Defense in Entrapment Cases: The Journey Back, 27 AM. CRIM. L. REV. 457 (1990). SSRN.
  • Defending Miranda, 24 LAND & WATER REV. 241 (1989).
  • Toward an Expanded View of the Due Process Claim in Entrapment Cases, 6 GA. ST. U. L. REV. 73 (1989).
  • The Miranda Decision Revisited, 57 U. MO. K.C. L. REV. 15 (1988) (a debate).
  • State Constitutional Protection for Defendants in Criminal Prosecutions, 20 ARIZ. ST. L.J. 151 (1988). SSRN.
  • The Development of Entrapment Law, 33 WAYNE L. REV. 5 (1987).
  • Proving Entrapment Under the Predisposition Test, 14 AM. J. CRIM. L. 53 (1987).
  • The Supreme Court and the Privilege Against Self-Incrimination: Has the Burger Court Retreated?, 38 OKLA. L. REV. 719 (1986).
  • The Entrapment Defense and the Procedural Issues: Burden of Proof, Questions of Law and Fact, Inconsistent Defenses, 22 CRIM. L. BULL. 197 (1986).
  • Joint Criminal Participation: Establishing Responsibility, Abandonment, 34 AM. J. COMP. L. 479 (Supp. 1986), Twelfth Congress of the International Academy of Comparative Law (United States National Reporter on Criminal Law).
  • White Collar Crime: A Legal Overview, 52 U. CIN. L. REV. 378 (1983).
  • The Reporter's Privilege: An Analysis of the Common Law, Branzberg v. Hayes , and Recent Statutory Developments, 25 ARIZ. L. REV. 815 (1983).
  • The Media in the Courtroom: Attending, Reporting, Televising Criminal Cases, 57 IND. L.J. 235 (1982).
  • The Model Penal Code's Treatment of Homicide: The 1980 Commentaries, 73 J. CRIM. L. & CRIMINOLOGY 811 (1982).
  • The Confrontation Clause and Co-Defendant Confessions: The Drift from Bruton to Parker v. Randolph, 1979 U. ILL. L.F. 559, reprinted in ___ CRIM. L. REV.___ (1981).
  • The Faretta Principle: Self Representation Versus the Right to Counsel, 30 AM. J. COMP. L. 551 (Supp. 1981), Eleventh Congress of the International Academy of Comparative Law (United States National Reporter on Criminal Law).
  • Co-Conspirator Declarations: The Federal Rules of Evidence and Other Recent Developments, from a Criminal Law Perspective, 7 AM. J. CRIM. L. 287 (1979), reprinted in___ CRIM. L. REV. ___ (1981).
  • Defending Conspiracy Cases, 16 TRIAL 61 (1980).
  • The Allen Instruction in Criminal Cases: Is the Dynamite Charge about to be Permanently Defused?, 43 MO. L. REV. 613 (1978).
  • The Proposed Revised Federal Criminal Code: Conspiracy Provisions, 1978 U. ILL. L.F. 379.
  • Conspiracy: The Criminal Agreement, in Theory and in Practice, 65 GEO. L.J. 925 (1977). SSRN.
  • Criminal Conspiracy: The State of Mind Crime -- Intent, Proving Intent, Anti-Federal Intent, 1976 U. ILL. L.J. 627, reprinted in 26 L. REV. DIG. 5 (1977).
  • The Forum of Conscience: Applying Standards Under the Free Exercise Clause, 1973 DUKE L.J. 1217.
  • Comment, The Philadelphia Plan and Strict Racial Quotas in Federal Contracts, 17 UCLA L. REV. 817 (1970).

Book Chapters

  • Media Reporting and Criminal Trials, and Defense of a Criminal Case, in CRIMINAL DEFENSE TECHNIQUES (1989).
  • Defense of a Conspiracy Case, in CRIMINAL DEFENSE TECHNIQUES (1989).
  • Privacy in the United States, in LAW IN THE U.S.A. IN THE BICENNTENNIAL ERA (Tenth Congress of the International Academy of Comparative Law, United States National Co-Reporter on Privacy 1978).

Other

  • Juvenile Justice in the United States, XVII INT'L CONGRESS OF PENAL L. (2002).
  • Conspiracy, in THE OXFORD COMPANION TO AMERICAN LAW (Oxford U. Press 2001).
  • Entrapment, in ENCYCLOPEDIA OF CRIME AND JUSTICE (Macmillan Publ'g Co. 2000).
  • The Process of Interrogating Criminal Suspects in the United States, Proceedings of the World Conference on New Trends in Criminal Investigation, Amsterdam, 1999 (U.S. Reporter).
  • Co-author, Symposium Issue, A Balanced Approach to Drug Testing in the Workplace, 33 WM. & MARY L. REV. 1 (1991) (with R. Smolla).
  • Book Review, 35 J. CONTEMP. PSYCHOL. 325 (1990) (reviewing GEORGE FLETCHER, A CRIME OF SELF-DEFENSE (1988)).
  • Book Review, 27 CRIM. L. BULL. 87 (1990) (reviewing GOTTFREDSON & HIRSCHI, A THEORY OF CRIME).
  • Conspiracy and the Constitution, in ENCYCLOPEDIA OF THE AMERICAN CONSTITUTION (Macmillan Publ'g Co., 1990).
  • PATTERN CRIMINAL JURY INSTRUCTIONS, Part II, Federal Judicial Conference (Co-Reporter 1986).
  • Assault and Battery, Legal Aspects of Suicide, Eyewitness Identification: Constitutional Issues, in ENCYCLOPEDIA OF CRIME AND JUSTICE (MacMillan Publ'g Co. 1983).
  • PATTERN CRIMINAL JURY INSTRUCTIONS, Part I, Federal Judicial Center (Reporter, 1982).
  • Book Review, 5 INT'L& COMP. L. REV. 201 (1982) (reviewing DIETER GIESEN, MEDICAL MALPRACTICE LAW: A COMPARATIVE LAW STUDY OF CIVIL RESPONSIBILITY ARISING FROM MEDICAL CARE (1981)).