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Aziz Huq : Publications

Journal Articles

"The Article III Problem in Bankruptcy." 82 University of Chicago Law Review – (forthcoming 2015) (with Anthony J. Casey).

"The Negotiated Structural Constitution." 114 Columbia Law Review – (forthcoming 2014).

"Libertarian Separation of Powers." 8 NYU Journal of Law and Liberty – (forthcoming 2014).

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

"The Function of Article V." 162 University of Pennsylvania Law Review 1165 (2014).

"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

"What Price Fairness when Security is at Stake? Police Legitimacy in South Africa." 7 Regulation & Governance 246 (2014) (with Ben Bradford, Jon P. Jackson, & Ben Roberts)

"Standing for the Structural Constitution." 99 Virginia Law Review 1435 (2013).

"The Political Psychology of Counterterrorism." 9 Annual Review of Law and Social Science 71 (2013).

"What can Constitutions Do? The Afghan Case." 25 Journal of Democracy 116 (2014) (with Tom Ginsburg).

"Monopolizing Force? Police Legitimacy and Public Attitudes toward the Acceptability of Violence." 19 Psychology, Public Policy, and Law 479 (2013) (with Jon P. Jackson, Ben Bradford, & Tom R. Tyler).  

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

"The Social Production of National Security." 98 Cornell Law Review 637 (2013).

"Removal as a Political Question." 65 Stanford Law Review 1 (2013).

"Foreign Affairs Federalism: A Revisionist Approach." 65 Vanderbilt Law Review 723 (2013) (with Daniel Abebe).

"Enforcing (but not Defending) ‘Unconstitutional’ Laws." 98 Virginia Law Review 1001 (2012).

"Structural Constitutionalism as Counterterrorism." 100 California Law Review 887 (2012)

"Forum Choice for Terrorism Suspects." 61 Duke Law Journal 1415 (2012).

"The Institution Matching Canon." 106 Northwestern University Law Review 417 (2012).

"Binding the Executive (by law or by politics)." 79 University of Chicago Law Review 777 (2012).

"When was Judicial Self-Restraint?" 100 California Law Review 579 (2012).

Mechanisms for eliciting cooperation in counter-terrorism policing: The case of Muslims in London,” 8 Journal of Empirical Legal Studies 728 (2011) (with Tom R. Tyler & Stephen J. Schulhofer).

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 & Law 419 (2011) (with Tom R. Tyler & Stephen J. Schulhofer). 

Private Religious Discrimination, National Security, and the First Amendment,” 5 Harvard Law and Policy Review 347 (2011).

The Signaling Function of Religious Speech in Counterterrorism,” 89 Texas Law Review 833 (2011).

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

Legitimacy and Deterrence Effects in Counter-Terrorism Policing: A Study of Muslim Americans,” 44 Law & Society Review 405 (2010) (with Tom R. Tyler & Stephen J. Schulhofer).

Against National Security Exceptionalism,” 2010 Supreme Court Review 225.

What Good is Habeas?,” 26 Constitutional Commentary 385 (2010).

Easterbrook on Academic Freedom,” 77 University of Chicago Law Review 4 (2010).

Modeling Terrorist Radicalization,” 2 Duke Forum on Law and Social Change 39 (2010).

The War on Crime as Precursor to the War on Terror,” 36 International Journal of Law, Crime, & Justice 215 (2008) (with Christopher Muller). 

The Hirota Gambit,” 62 Annual Survey of American Law 63 (2007).

“Introduction to Symposium on Immigration and Assimilation,” 10 NYU Journal of Legislation & Public Policy 445 (2006).  

Uncertain Laws in Uncertain Times: Emergency Powers and Lessons from South Asia,” 13 Constellations 89 (2006).

“Mechanisms of Political Capture in Pakistan’s Superior Courts,” 10 Yearbook of Islamic & Middle Eastern Law 1 (2006).

Note, “Peonage and Contractual Labor,” 101 Columbia Law Review 351 (2001).

Shorter works

Review of Children of the Prison Boom: Mass Incarceration and the Future of American Inequality, 49 Law & Society Review – (forthcoming 2015).

Review of The Constitution of Risk, 129 Political Science Quarterly 525 (2014).

"The Political Path Of Detention Policy." 48 American Criminal Law Review 1531 (2012).

“Protecting Political Speech from Ourselves and Others,” 111 Columbia Law Review Sidebar 16 (2011).


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

Book chapters

"Liberal Justice’s Limits: Justice Ruth Bader Ginsburg and the American Criminal Justice System," in The Legacy of Justice Ginsburg (S. Dodson, ed. forthcoming 2014).

"Federalism, Liberty, and Risk in NFIB v. Sebelius." In The Future of Healthcare Reform in the U.S. (A. Malani & M. Schill, eds., forthcoming 2014).

Editor & Introduction, Terrorism: Commentary on Security Documents, Vols. 108 (Extraordinary Rendition) and 110 (Terrorist Radicalization) (2010-11).

The Story of Hamid Karzai: The Paradoxes of State-Building and Human Rights,” in Human Rights Advocacy Stories (Foundation Press, 2009). 

“The Commander-in-Chief after 9/11,” in The Impact of 9/11 and the New Legal Landscape (Palgrave MacMillan, 2009).

Limited Empathy,” in The Guantanamo Lawyers: Inside a Prison Outside the Law(NYU Press, 2009). 

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

“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).

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

Non-Academic Articles (Selected)

“Defend Muslims, Defend America,” New York Times, at A27, June 20, 2011. 

“May it Please the Country,” Democracy: A Journal of Ideas (Summer 2009) (with Eric Lane) (book review).

“Imagining Counterterrorism’s Future,” World Policy Journal, Vol. 25, No. 4 (Winter 2008/2009).

“Human Rights,” “Guantánamo,” “The Patriot Act,” and “Divorce,” in The Encyclopedia of Islam in America (Greenwood Press, 2008).  

“Faith is Not Destiny: Three Inquiries into Jihadism and its Sources,” World Policy Journal, Vol. 23, No. 3 (Fall 2006) (book review). 

“Extraordinary Rendition and the Wages of Hypocrisy,” World Policy Journal, Vol. 23, No. 1 (Spring 2006).