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Aziz Huq : Publications

Journal Articles

"The Removal Power as a Political Question," 65 Stanford Law Review – (forthcoming 2013).

“Enforcing (but not Defending) ‘Unconstitutional’ Laws,” 98 Virginia Law Review – (forthcoming September 2012).

“Structural Constitutionalism as Counterterrorism,” 100 California Law Review – (forthcoming August 2012)

“But when was Judicial Self-Restraint?,” 100 California Law Review – (forthcoming June 2012).

“Forum Choice for Terrorism Suspects,” 61 Duke Law Journal – (forthcoming April 2012).

“The Institution Matching Canon,” 106 Northwestern University Law Review – (forthcoming March 2012).

“Binding the Executive (by law or by politics),” 79 University of Chicago Law Review – (forthcoming 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

“The Political Path of Detention Policy,” 48 American Criminal Law Review -- (forthcoming 2011).

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

Books

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

Book chapters

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).