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Aziz Huq : Publications

Books (Author)

    Unchecked and Unbalanced: Presidential Power in a Time of Terror (New Press, 2007) (with Frederick A.O. Schwarz, Jr.). [CU] [WWW]

Books (Editor)

    Assessing Constitutional Performance. (Cambridge University Press, 2016) (edited with Tom Ginsburg). [WWW]

    UN Response to Al-Qaeda: Developments through 2011. (Oxford University Press, 2012) (edited with Kristen E. Boon & Douglas C. Lovelace). [CU]

Journal Articles

    "The Triumph of Fault in Public Law," 131 Harvard Law Review __ (forthcoming 2018) (with Genevieve Lakier). [SSRN]

    "The People against the Constitution," 116 Michigan Law Review __ (forthcoming 2018).

    "How to Lose a Constitutional Democracy," 65 UCLA Law Review __ (forthcoming 2018) (with Tom Ginsburg).

    "Institutional Loyalties in Constitutional Law," 85 University of Chicago Law Review __ (forthcoming 2018) (with David Fontana).

    "The President and the Detainees," 164 University of Pennsylvania Law Review __ (forthcoming 2017).

    "The Consequences of Disparate Policing," 101 Minnesota Law Review __ (forthcoming 2017).

    "Community-Led Counterterrorism," 39 Studies in Conflict and Terrorism __ (2017). [WWW]

    "Preemption Deals," 85 George Washington Law Review 226 (2017).

    "The Cycles of Separation-of-Powers Jurisprudence," 126 Yale Law Journal 346 (2016) (with Jon Michaels). [SSRN]

    "The Constitutional Law of Agenda Control," 104 California Law Review 1401 (2016). [SSRN]

    "The Predicates of Military Detention at Guantánamo: The Role of Individual Acts and Affiliations," 13 Journal of Empirical Legal Studies 467 (2016).

    "Legitimating Practices: Revisiting the Predicates of Police Legitimacy," 57 British Journal of Criminology __ (2016) (with Rick Trinkner & Jonathan Jackson). [SSRN] [WWW]

    "Litigating the Blue Wall of Silence: How to Challenge the Police Privilege to Delay Investigation," 2016 University of Chicago Legal Forum 213 (2016) (with Richard H. McAdams). [SSRN]

    "The Psychology of Corporate Rights: Perception of Corporate Versus Individuals Rights to Religious Liberty, Privacy, and Free Speech," 40 Law and Human Behavior 195 (2016) (with Moran Cerf & Avital Mentovich). [CU] [SSRN]

    "How the Fourth Amendment and the Separation of Powers Rise (and Fall) Together," 83 University of Chicago Law Review 139 (2016). [CU]

    "The Article III Problem in Bankruptcy," 82 University of Chicago Law Review 1155 (2015) (with Anthony Casey) (selected for presentation at the 2015 Harvard/Stanford/Yale Junior Faculty Forum). [CU] [SSRN]

    "The Difficulties of Democratic Mercy," 103 California Law Review 1679 (2015). [CU] [SSRN]

    "Judicial Independence and the Rationing of Constitutional Remedies," 65 Duke Law Journal 1 (2015). [CU] [SSRN]

    "Habeas and the Roberts Court," 81 University of Chicago Law Review 519 (2014) (Winner, Junior Scholars Paper Competition Award, 2013 AALS Section on Criminal Justice). [CU] [SSRN]

    "What Price Fairness When Security Is at Stake? Police Legitimacy in South Africa," 8 Regulation and Governance 246 (2014) (with Ben Bradford & Jonathan Jackson & Benjamin Roberts). [CU] [WWW]

    "The Function of Article V," 162 University of Pennsylvania Law Review 1165 (2014). [CU] [SSRN]

    "Libertarian Separation of Powers," 8 New York University Journal of Law and Liberty 1006 (2014). [CU] [SSRN]

    "Does the Logic of Collective Action Explain Federalism Doctrine?," 66 Stanford Law Review 217 (2014). [CU] [SSRN]

    "The Negotiated Structural Constitution," 114 Columbia Law Review 1595 (2014). [CU] [WWW]

    "What Can Constitutions Do?: The Afghan Case," 24 Journal of Democracy 116 (2014) (with Tom Ginsburg). [CU]

    "Foreign Affairs Federalism: A Revisionist Approach," 66 Vanderbilt Law Review 723 (2013) (with Daniel Abebe). [CU] [SSRN]

    "Tiers of Scrutiny in Enumerated Powers Jurisprudence," 80 University of Chicago Law Review 575 (2013). [CU]

    "The Social Production of National Security," 98 Cornell Law Review 637 (2013). [CU] [SSRN]

    "Standing for the Structural Constitution," 99 Virginia Law Review 1435 (2013). [CU] [SSRN] [WWW]

    "The Political Psychology of Counterterrorism," 9 Annual Review of Law and Social Science 71 (2013). [CU] [SSRN] [WWW]

    "Removal as a Political Question," 65 Stanford Law Review 1 (2013). [CU] [SSRN]

    "Monopolizing Force? Police Legitimacy and Public Attitudes Toward the Acceptability of Violence," 19 Psychology, Public Policy, and Law 479 (2013) (with Ben Bradford, Jonathan Jackson & Tom R. Tyler). [CU] [WWW]

    "Binding the Executive (by Law or by Politics)," 79 University of Chicago Law Review 777 (2012). [CU] [SSRN]

    "Forum Choice for Terrorism Suspects," 61 Duke Law Journal 1415 (2012). [CU] [SSRN]

    "When Was Judicial Self-Restraint?," 100 California Law Review 579 (2012). [CU] [WWW]

    "Structural Constitutionalism as Counterterrorism," 100 California Law Review 887 (2012). [CU] [SSRN]

    "The Institution Matching Canon," 106 Northwestern University Law Review 417 (2012). [CU] [SSRN]

    "Enforcing (but Not Defending) Unconstitutional Laws," 98 Virginia Law Review 1001 (2012). [CU] [SSRN]

    "How do the purpose and target of policing affect public cooperation? A study of policing crime and policing terrorism in different minority communities," 17 Psychology, Public Policy, and Law 419 (2011) (with Stephen J. Schulhofer & Tom R. Tyler). [CU] [WWW]

    "Private Religious Discrimination, National Security, and the First Amendment," 5 Harvard Law and Policy Review 347 (2011). [CU] [SSRN]

    "The Signaling Function of Religious Speech in Domestic Counterterrorism," 89 Texas Law Review 833 (2011). [CU] [SSRN]

    "American Policing at a Crossroads: Unsustainable Policies and the Procedural Justice Alternative," 101 Journal of Criminal Law and Criminology 335 (2011) (with Stephen J. Schulhofer & Tom R. Tyler). [CU] [SSRN]

    "Mechanisms for Eliciting Cooperation in Counterterrorism Policing: Evidence from the United Kingdom," 8 Journal of Empirical Legal Studies 728 (2011) (with Stephen J. Schulhofer & Tom R. Tyler). [CU] [SSRN]

    "Easterbrook on Academic Freedom," 77 University of Chicago Law Review 1055 (2010). [CU] [SSRN]

    "What Good is Habeas?," 26 Constitutional Commentary 385 (2010). [CU] [SSRN]

    "Modeling Terrorist Radicalization The New Face of Discrimination: Muslim in America," 2 Duke Forum for Law and Social Change 39 (2010). [CU] [SSRN]

    "Against National Security Exceptionalism," 2009 Supreme Court Review 225 (2010). [CU] [SSRN] [WWW]

    "Legitimacy and Deterrence Effects in Counterterrorism Policing: A Study of Muslim Americans," 44 Law and Society Review 365 (2010) (with Stephen J. Schulhofer & Tom R. Tyler). [CU] [SSRN]

    "May it Please the Country (reviewing Brian McGinty, Lincoln and the Court (2008), Burt Solomon, FDR v. The Constitution (2009), and Lucas A. Powe, Jr., The Supreme Court and the American Elite: 1789-2008 (2009))," 13 Democracy: A Journal of Ideas 86 (2009) (with Eric Lane). [CU]

    "Imagining Counterterrorism's Future," 25 World Policy Journal 31 (2008). [CU]

    "The War on Crime as Precursor to the War on Terror," 36 International Journal of Law, Crime, and Justice 215 (2008) (with Christopher Muller). [CU] [WWW]

    "The Hirota Gambit," 63 New York University Annual Survey of American Law 63 (2007). [CU]

    "Faith is Not Destiny: Three Inquiries into Jihadism and its Sources (reviewing Melanie Phillips, Londonistan (2006), Jytte Klausen, The Islamic Challenge: Politics and Religion in Western Europe (2005) & Fawaz A. Gerges, The Far Enemy: Why Jihad Went Global (2005))," 23 World Policy Journal 99 (2006). [CU]

    "Extraordinary Rendition and the Wages of Hypocrisy," 23 World Policy Journal 25 (2006). [CU]

    "Uncertain Laws in Uncertain Times: Emergency Powers and Lessons from South Asia," 13 Constellations 89 (2006). [CU] [WWW]

    "Mechanisms of Political Capture in Pakistan's Superior Courts," 10 Yearbook of Islamic and Middle Eastern Law 21 (2004). [CU]

    Note, "Peonage and Contractual Liberty", 101 Columbia Law Review 351 (2001). [CU]

Shorter Works

    "Book Review (reviewing Sarah Wakefield & Christopher Wildeman, Children of the Prison Boom: Mass Incarceration and the Future of American Inequality (2014))," 49 Law & Society Review 282 (2015). [CU]

    "Book Review (reviewing Adrian Vermeule, The Constitution of Risk (2013))," 129 Political Science Quarterly 525 (2014). [CU]

    "Preserving Political Speech from Ourselves and Others," 112 Columbia Law Review Sidebar 16 (2012). [CU] [SSRN]

    "The Political Path of Detention Policy," 48 American Criminal Law Review 1531 (2011). [CU]

    "Introduction to Symposium on Immigration Reform: Balancing Enforcement and Integration," 10 New York University Journal of Legislation and Public Policy 445 (2007). [CU]

Book Sections

    "What is the Case against Muslims?," in "The Empire of Disgust": Prejudice, Stigma, and Discrimination in India and the U.S., Martha Nussbaum, Aziz Huq, Vidhu Verma & Zoya Hasan eds. (Oxford University Press, forthcoming 2017).

    "The Uses of Religious Identity, Practice, and Dogma in 'Soft' and 'Hard' Counterterrorism," in Security and Human Rights, Liora Lazarus & Benjamin Goold eds. (Hart, forthcoming 2017).

    "Constitutionalism, Legitimacy, and Public Order: A South African Case Study," in Constitutional Triumphs, Constitutional Disappointments, Rosalind Dixon & Theunis Roux eds. (Cambridge University Press, forthcoming 2017).

    "Classical Liberalism, Race, and Mass Incarceration," in The Future of Classical Liberalism, M. Todd Henderson ed. (Cambridge University Press, forthcoming 2017).

    "Introduction," in Assessing Constitutional Performance, Tom Ginsburg & Aziz Huq eds. (Cambridge University Press, 2016) (with Tom Ginsburg).

    "Hippocratic Constitutional Design," in Assessing Constitutional Performance, Tom Ginsburg & Aziz Huq eds. (Cambridge University Press, 2016).

    "Agency Slack in the Administration of Criminal Justice: The Problem of Remedies," in The Routledge Handbook of Criminal Justice Ethics, Jonathan Jackson & Jonathan Jacobs eds. (Routledge, 2016). [SSRN]

    "Federalism, Liberty, and Risk in NFIB v. Sebelius," in The Future of Healthcare Reform in the United States, Anup Malani & Michael H. Schill eds. (University of Chicago Press, 2015). [CU] [SSRN]

    "A Liberal Justice's Limits: Justice Ruth Bader Ginsburg and the American Criminal Justice System," in The Legacy of Justice Ginsburg, Scott Dodson ed. (Cambridge University Press, 2015). [CU]

    "The Story of Hamid Karzai: The Paradoxes of State-Building and Human Rights," in Human Rights Advocacy Stories, Deena R. Hurwitz & Margaret L. Satterthwaite eds. (Foundation Press, 2009). [CU]

    "Limited Empathy," in The Guantanamo Lawyers: Inside a Prison Outside the Law (NYU Press, 2009). [CU] [WWW]

    "The Commander-in-Chief after 9/11," in The Impact of 9/11 and the New Legal Landscape (Palgrave MacMillan, 2009). [CU]

    "Human Rights, Guantánamo, The Patriot Act, and Divorce," in The Encyclopedia of Islam in America.2008). [CU]

    "The New Counterterrorism: Investigating Terrorism, Investigating Muslims," in Liberty Under Attack: Reclaiming Our Freedoms in an Age of Terror (Public Affairs, 2007). [CU]

    "Democratic Norms, Human Rights and States of Emergency: Lessons from the Experience of Four Countries," in Democracy, Conflict and Human Society (International Institute for Democracy and Electoral Assistance, 2006). [CU]

    "Bitter Fruit: Constitutional Gender Equality Comes to the Military," in One of the Guys: Women as Aggressors and Torturers (Seal Press, 2006). [CU]

Other Publications

    "The Case for Community-Led Counterterrorism," Sustainable Security, March 16, 2017. [WWW]

    "The "Travel Ban" Executive Order as Separation-of-Powers Test Case," Just Security, March 10, 2017. [WWW]

    "How to Lose a Constitutional Democracy," Vox, February 21, 2017 (with Tom Ginsburg). [WWW]

    "The U.S. Constitution and the Risk of Democratic Backsliding," Just Security, January 23, 2017 (with Tom Ginsburg). [WWW]

    "The People Reconsidered," The New Rambler, October 17, 2016. [WWW]

    "Getting to Grips with Discrimination," JOTWELL, January 17, 2017. [WWW]

    "Democracy's IKEA," The New Rambler, July 18, 2016. [WWW]

    "Is French Islam an Oxymoron? (reviewing Claire L. Adida, David D. Laitin, and Marie-Anne Valfort, Why Muslim Integration Fails in Christian-Heritage Societies)," The New Rambler, March 28, 2016. [WWW]

    "Revive Congressional Authority over Courts," Democracy: A Journal of Ideas, February 1, 2016. [CU] [WWW]

    "What Ails the City (reviewing Jill Leovy, Ghettoside: A True Story of Murder in America, and Laurence Ralph, Renegade Dreams: Living Through Injury in Gangland Chicago)," The New Rambler, July 27, 2015. [WWW]

    "The Rise of the Anti-Muslim Fringe," Boston Review, April 2015. [WWW]

    "Barbarism in the Middle East (reviewing Shadi Hamid, Temptations of Power: Islamists & Illiberal Democracy in a New Middle East (2014) and Patrick Cockburn, The Rise of the Islamic State: ISIS and the New Sunni Revolution (2015))," The New Rambler, March 25, 2015. [WWW]

    "A Distinctively American Doctrine (reviewing Christoph Möllers, The Three Branches: A Comparative Model of Separation of Powers)," The New Rambler, November 25, 2015. [WWW]

    "America's Refugee Debt," Boston Review, November 2015. [WWW]

    "Do Americans Think Corporations Have the Right to Religious Freedom?," Slate, July 1, 2014 (with Moran Cerf & Avital Mentovich). [WWW]

    "Afghanistan's Constitution at Ten," Foreign Policy Online, March 2014 (with Tom Ginsburg). [WWW]

    "Defend Muslims, Defend America," New York Times, June 20, 2011, at p. A27. [WWW]

    "Half Empty?," Slate, February 28, 2011. [WWW]

    "Imperial March," Democracy: A Journal of Ideas, 2008.