Aziz Huq

Aziz Z. Huq

Frank and Bernice J. Greenberg Professor of Law

Aziz Z. Huq is a scholar of US and comparative constitutional law. He works on topics ranging from democratic backsliding to regulating AI. His award-winning scholarly work is published in several books and in leading law review, social science, and political science journals. He has also written for the Washington Post, the New York Times, and many other non-specialist publications. In 2015, he received the Graduating Students Award for Teaching Excellence. He has an active pro bono practice, and is on the board of the American Constitution Society, the New Press, and the ACLU of Illinois.

Before joining the Law School faculty, Huq worked as counsel and then director of the Brennan Center’s Liberty and National Security Project, litigating cases in both the US Courts of Appeals and the Supreme Court. As a Senior Consultant Analyst for the International Crisis Group, he researched and wrote on constitutional design and implementation in Pakistan, Nepal, Afghanistan, and Sri Lanka. He was a law clerk for Judge Robert D. Sack of the US Court of Appeals for the Second Circuit and then for Justice Ruth Bader Ginsburg of the Supreme Court of the United States. He is also a 1996 summa cum laude graduate of the University of North Carolina at Chapel Hill, and a 2001 graduate of Columbia Law School, where he was awarded the John Ordronaux Prize (for the student graduating first in their class).

 

Education

Columbia Law School

JD, summa cum laude, 2001

  • Essay and review editor, Columbia Law Review
  • American Foreign Law Association John Hazard Scholarship, 2002 
  • John Ordronaux Prize, 2001
  • Emil Schlesinger Prize for Labor Law, 2001
  • James Kent Scholar, 1999, 2000, 2001
  • Charles Bathgate Beck Prize in Property Law, 2000
  • Human Rights Internship Program, 1999 and 2000
  • Staff, Columbia Journal of Gender and Law, 1999

University of North Carolina at Chapel Hill

BA in international studies and French, summa cum laude, 1996  

  • John Motley Morehead Scholarship, 1992-1996 
  • Jacques Hardre Undergraduate Award for Excellence in French, 1996
  • Phi Beta Kappa, 1996

Experience

The University of Chicago Law School

Frank and Bernice J. Greenberg Professor of Law, 2015-present
Mark Claster Mamolen Teaching Scholar, 2018-20
Professor of Law, June 2013–December 2015
Herbert & Marjorie Fried Teaching Scholar, July 2013-July 2015
Assistant Professor of Law, July 2009–June 2013
Lecturer in Law, March 2009–June 2009

ACLU of Illinois

Cooperating Counsel, 2015-present

Muslim Advocates

Cooperating Counsel, 2012-2021

Stanford Law School

Herman Phleger Visiting Professor of Law, fall 2019

The Brennan Center for Justice, New York University School of Law

Director, Liberty and National Security Project, November 2005-March 2009
Associate Counsel, Democracy Program, November 2004-November 2005 

New York University School of Law

Adjunct Professor of Law, spring 2007 and 2008

International Crisis Group, Brussels, Belgium

Consultant Senior Analyst, South Asia Department (Nepal and Pakistan), November 2004 – present
Analyst, South Asia Department (Afghanistan), January-July 2003 

Associate Justice Ruth Bader Ginsburg, Supreme Court of the United States

Law Clerk, July 2003-July 2004

Honorable Robert D. Sack, United States Court of Appeals for the Second Circuit, New York, NY

Law Clerk, September 2001-September 2002

Books (Author)

  • The Collapse of Constitutional Remedies (Oxford University Press, forthcoming)2021).
  • How to Save a Constitutional Democracy (University of Chicago Press, 2018) (with Tom Ginsburg).cu www
  • Unchecked and Unbalanced: Presidential Power in a Time of Terror (New Press, 2007) (with Frederick A. Schwarz).cu www

Books (Editor)

  • Constitutional Law: 2021 Supplement. (Wolters Kluwer, forthcoming)2021) (edited with Geoffrey R. Stone & Louis M. Seidman & Cass R. Sunstein & Mark V. Tushnet & Pamela S. Karlan ).
  • From Parchment to Practice: Implementing New Constitutions. (Cambridge University Press, 2020) (edited with Tom Ginsburg). www
  • The Empire of Disgust: Prejudice, Stigma, and Discrimination in India and the U.S.. (Oxford University Press, 2018) (edited with Martha C. Nussbaum, Vidhu Verma & Zoya Hasan). cu
  • Assessing Constitutional Performance. (Cambridge University Press, 2016) (edited with Tom Ginsburg). cu www

Journal Articles

  • "The Comparative Constitutional Law of Presidential Impeachment," 88 University of Chicago Law Review 81 (2021) (with Tom Ginsburg & David E. Landau). ssrn cu www
  • "Why Judicial Independence Fails," 115 Northwestern University Law Review 1055 (2021). www
  • "The Double Movement of National Origin Discrimination," 87 University of Chicago Law Review 2397 (2020). ssrn www
  • "Democracy as Failure," 59 Nomos 12 (2021). ssrn
  • "Apps in Black and White," 61 European Journal of Sociology 423 (2020).
  • "Constitutional Rights in the Machine Learning State," 105 Cornell Law Review 1875 (2020). www
  • "Economies of Surveillance," 133 Harvard Law Review 1280 (2020) (with Mariano-Florentino Cuéllar). www
  • "A Right to a Human Decision," 106 Virginia Law Review 611 (2020). ssrn www
  • "Decus et Tutamen," 133 Harvard Law Review Forum 75 (2020). www
  • "Article II and Antidiscrimination Norms," 118 Michigan Law Review 47 (2019). ssrn
  • "A Tactical Separation of Powers," 9 Constitutional Court Review 19 (2019). ssrn www
  • "Racial Equity in Algorithmic Criminal Justice," 68 Duke Law Journal 1043 (2019). ssrn cu www
  • "The Supreme Court and the Dynamics of Democratic Backsliding," __ Annals of the American Academy of Political and Social Science __ (2022) (forthcoming).
  • "Artificially Intelligent Regulation," __ Daedalus __ (2022) (forthcoming) (with Mariano-Florentino Cuéllar).
  • "This Violent City: Urban Violence in Chicago and Beyond," 89 University of Chicago Law Review __ (2022) (forthcoming) (with John Rappaport).
  • "The Public Trust in Data," 110 Georgetown Law Journal __ (2021) (forthcoming).
  • "How (not) To Explain a Democratic Recession," 19 International Journal of Constitutional Law __ (2021) (forthcoming).
  • "As Brown Wanes," 89 University of Chicago Law Review __ (2021) (forthcoming).
  • "Privacy’s Political Economy and the State of Machine Learning: An Essay in Honor of Stephen J. Schulhofer," 72 NYU Annual Survey of American Law __ (2021) (forthcoming) (with Mariano-Florentino Cuéllar).
  • "Equality’s Understudies," 118 Michigan Law Review 1027 (2020).
  • "Fourth Amendment Gloss," 113 Northwestern University Law Review 701 (2019). ssrn cu
  • "Democracy's Near Misses," 29 Journal of Democracy 16 (2018) (with Tom Ginsburg). www
  • "Legal or Political Checks on Apex Criminality: An Essay on Constitutional Design," 65 UCLA Law Review 4 (2018). cu
  • "What is Discriminatory Intent?," 103 Cornell Law Review 1211 (2018). ssrn cu
  • "Separation of Powers Metatheory," 118 Columbia Law Review 1517 (2018). ssrn cu
  • "Apparent Fault," 131 Harvard Law Review 1525 (2018) (with Genevieve Lakier). ssrn cu
  • "Democratic Erosion and the Courts: Comparative Perspectives," 93 NYU Law Review Online 21 (2018). cu www
  • "The People against the Constitution," 116 Michigan Law Review 1123 (2018). ssrn cu www
  • "Terrorism and Democratic Recession," 85 University of Chicago Law Review 457 (2018). ssrn cu
  • "The Coming Demise of Liberal Constitutionalism?," 85 University of Chicago Law Review 239 (2018) (with Tom Ginsburg & Mila Versteeg). cu www
  • "How to Lose a Constitutional Democracy," 65 UCLA Law Review 78 (2018) (with Tom Ginsburg). ssrn cu www
  • "Institutional Loyalties in Constitutional Law," 85 University of Chicago Law Review 1 (2018) (with David Fontana). ssrn cu
  • "Community-Led Counterterrorism," 39 Studies in Conflict and Terrorism 1 (2017). cu www
  • "Legitimating Practices: Revisiting the Predicates of Police Legitimacy," 57 British Journal of Criminology 1101 (2017) (with Rick Trinkner & Jonathan Jackson). ssrn cu www
  • "Algorithmic Decision Making and the Cost of Fairness," 1 Proceedings of the 23rd ACM SIGKDD International Conference on Knowledge Discovery and Data Mining 797 (2017) (with Sam Corbett-Davies, Emma Pierson, Avi Feller & Sharad Goel). cu
  • "The Consequences of Disparate Policing: Evaluating Stop and Frisk as a Modality of Urban Policing," 101 Minnesota Law Review 2397 (2017). cu
  • "Dignity, Not Deadly Force: Why Procedural Justice Matters for Modern Policing and Democracy," 34 World Policy Journal 38 (2017). www
  • "The President and the Detainees," 164 University of Pennsylvania Law Review 499 (2017). cu
  • "Preemption Deals," 85 George Washington Law Review 226 (2017). cu
  • "The Predicates of Military Detention at Guantánamo: The Role of Individual Acts and Affiliations," 13 Journal of Empirical Legal Studies 467 (2016). cu
  • "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 cu
  • "The Constitutional Law of Agenda Control," 104 California Law Review 1401 (2016). ssrn cu
  • "The Cycles of Separation-of-Powers Jurisprudence," 126 Yale Law Journal 346 (2016) (with Jon D. Michaels). ssrn cu
  • "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). ssrn cu
  • "How the Fourth Amendment and the Separation of Powers Rise (and Fall) Together," 83 University of Chicago Law Review 139 (2016). cu
  • "The Difficulties of Democratic Mercy," 103 California Law Review 1679 (2015). ssrn cu
  • "Judicial Independence and the Rationing of Constitutional Remedies," 65 Duke Law Journal 1 (2015). ssrn cu
  • "The Article III Problem in Bankruptcy," 82 University of Chicago Law Review 1155 (2015) (with Anthony J. Casey) (selected for presentation at the 2015 Harvard/Stanford/Yale Junior Faculty Forum). ssrn cu
  • "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
  • "The Negotiated Structural Constitution," 114 Columbia Law Review 1595 (2014). cu www
  • "Book Review (reviewing Adrian Vermeule, The Constitution of Risk (2013))," 129 Political Science Quarterly 525 (2014). cu
  • "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). ssrn cu
  • "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). ssrn cu
  • "Libertarian Separation of Powers," 8 New York University Journal of Law and Liberty 1006 (2014). ssrn cu
  • "Does the Logic of Collective Action Explain Federalism Doctrine?," 66 Stanford Law Review 217 (2014). ssrn cu
  • "What Can Constitutions Do?: The Afghan Case," 24 Journal of Democracy 116 (2014) (with Tom Ginsburg). cu
  • "Standing for the Structural Constitution," 99 Virginia Law Review 1435 (2013). ssrn cu www
  • "The Political Psychology of Counterterrorism," 9 Annual Review of Law and Social Science 71 (2013). ssrn cu www
  • "Foreign Affairs Federalism: A Revisionist Approach," 66 Vanderbilt Law Review 723 (2013) (with Daniel Abebe). ssrn cu
  • "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). ssrn cu
  • "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
  • "Removal as a Political Question," 65 Stanford Law Review 1 (2013). ssrn cu
  • "Binding the Executive (by Law or by Politics)," 79 University of Chicago Law Review 777 (2012). ssrn cu
  • "Forum Choice for Terrorism Suspects," 61 Duke Law Journal 1415 (2012). ssrn cu
  • "When Was Judicial Self-Restraint?," 100 California Law Review 579 (2012). cu www
  • "Structural Constitutionalism as Counterterrorism," 100 California Law Review 887 (2012). ssrn cu
  • "The Institution Matching Canon," 106 Northwestern University Law Review 417 (2012). ssrn cu
  • "Enforcing (but Not Defending) Unconstitutional Laws," 98 Virginia Law Review 1001 (2012). ssrn cu
  • "Preserving Political Speech from Ourselves and Others," 112 Columbia Law Review Sidebar 16 (2012). ssrn cu
  • "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). ssrn cu
  • "The Political Path of Detention Policy," 48 American Criminal Law Review 1531 (2011). cu
  • "The Signaling Function of Religious Speech in Domestic Counterterrorism," 89 Texas Law Review 833 (2011). ssrn cu
  • "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). ssrn cu
  • "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). ssrn cu
  • "Easterbrook on Academic Freedom," 77 University of Chicago Law Review 1055 (2010). ssrn cu
  • "What Good is Habeas?," 26 Constitutional Commentary 385 (2010). ssrn cu
  • "Modeling Terrorist Radicalization The New Face of Discrimination: Muslim in America," 2 Duke Forum for Law and Social Change 39 (2010). ssrn cu
  • "Against National Security Exceptionalism," 2009 Supreme Court Review 225 (2010). ssrn cu 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). ssrn cu
  • "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
  • "Introduction to Symposium on Immigration Reform: Balancing Enforcement and Integration," 10 New York University Journal of Legislation and Public Policy 445 (2007). cu
  • "The Hirota Gambit," 63 New York University Annual Survey of American Law 63 (2007). 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

Book Sections

  • "Artificial Intelligence and the Rule of Law," in The Routledge Handbook of the Rule of Law, Michael Sevel ed. (Forthcoming).
  • "Stratification Effects: Race, Equal Protection and Machine Learning," in The Elgar Handbook on Race, Racism and the Law, Aziza Ahmed & Guy-Uriel Charles eds. (Forthcoming).
  • "Illiberalism and Islam," in The Routledge Handbook of Illiberalism, Andras Sajo ed. (Routledge, forthcoming). www
  • "The Interactions of Administrative Justice and Constitutionalism," in The Oxford Handbook of Administrative Justice, Joe Tomlinson, Robert E. Thomas, Marc Hertogh & Richard Kirkham eds. (Oxford University Press, 2021).
  • "How War Makes (and Unmakes) the Democratic State: Reading The Reluctant Fundamentalist and Exit West In A Populism Age," in Cannons and Codes: Law, Literature, and America’s Wars, Alison L. LaCroix, Jonathan S. Masur, Martha C. Nussbaum & Laura Weinrib eds. (Oxford University Press, 2021).
  • "How to Lose a Constitutional Democracy," in Current Debates in Comparative Politics, Tyler Dickovick & Jonathan Eastwood eds. (Oxford University Press, 2019) (with Tom Ginsburg).
  • "The Uses of Religious Identity, Practice, and Dogma in ‘Soft’ and ‘Hard’ Counterterrorism," in Security and Human Rights, Liora Lazarus & Benjamin Goold eds. (Hart, 2019). www
  • "What is the Case against Muslims?," in The Empire of Disgust: Prejudice, Stigma, and Discrimination in India and the U.S., Martha C. Nussbaum, Aziz Z. Huq, Vidhu Verma & Zoya Hasan eds. (Oxford University Press, 2018). cu
  • "Defining and Tracking the Trajectory of Liberal Constitutional Democracy," in Constitutional Democracy in Crisis?, Mark A. Graber, Sanford Levinson & Mark V. Tushnet eds. (Oxford University Press, 2018) (with Tom Ginsburg). cu
  • "Classical Liberalism, Race, and Mass Incarceration," in The Cambridge Handbook of Classical Liberal Thought, M. Todd Henderson ed. (Cambridge University Press, 2018). cu
  • "Constitutionalism, Legitimacy, and Public Order: A South African Case Study," in Constitutional Triumphs, Constitutional Disappointments, Rosalind Dixon & Theunis Roux eds. (Cambridge University Press, 2018). cu
  • "How We Lost Constitutional Democracy," in Can It Happen Here? Authoritarianism in America, Cass R. Sunstein ed. (Dey Street Books, 2018) (with Tom Ginsburg). cu
  • "Hippocratic Constitutional Design," in Assessing Constitutional Performance, Tom Ginsburg & Aziz Z. Huq eds. (Cambridge University Press, 2016). cu
  • "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 cu
  • "Introduction," in Assessing Constitutional Performance, Tom Ginsburg & Aziz Z. Huq eds. (Cambridge University Press, 2016) (with Tom Ginsburg). cu
  • "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). ssrn cu
  • "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

Working Papers

  • "Toward the Democratic Regulation of AI Systems: A Prolegomenon," , No. 753 (2020) (with Mariano-Florentino Cuéllar). ssrn
  • "Privacy's Political Economy and the State of Machine Learning," (2019) (with Mariano-Florentino Cuéllar). ssrn

Other Publications

  • "On the Origins of Republican Violence," Brennan Center for Justice, June 29, 2021. www
  • "The Court’s religious liberty ‘compromise’ is actually a victory for the right," The Washington Post, June 21, 2021. www
  • "What counts as freedom—and how do we get there?," The Washington Post, June 18, 2021. www
  • "How to stop judges from sexually harassing law clerks," The Washington Post, June 9, 2021 (with Leah Litman). www
  • "When a Machine Decision does you Wrong, Here’s What You Should Do," Psyche, May 2021. www
  • "How anti-terrorism laws equip law enforcement to crack down on Iranian-Americans," Washington Post Blogs, January 7, 2020.
  • "What’s the Party For? A Comment on “Balancing Accountability and Effectiveness: A Case for Moderated Parliamentarianism," IACL-AIDC Blog, May 4, 2021. www
  • "Does Disqualification Work?," Persuasion, May 3, 2021 (with Tom Ginsburg). www
  • "Why are our debates about rights so toxic?," The Washington Post, March 17, 2021. www
  • "The Dilemma of Democratic Disqualification: The New Trump Impeachment Process in Comparative Perspective," I·CONnect: the Blog of the International Journal of Constitutional Law, January 21, 2021 (with Tom Ginsburg & David E. Landau). www
  • "Until Trump leaves, he still has tons of power to harm the country," The Washington Post, January 12, 2021. www
  • "Trump’s pardon spree could actually be good for democracy," The Washington Post, December 22, 2020. www
  • "Three missing pieces in The President and Immigration Law," Balkinization, December 3, 2020. www
  • "Bostock v. BLM," Boston Review, July 2020. www
  • "Political lies aren’t new, but the delivery mechanisms are," The Washington Post, June 26, 2020. www
  • "How Constitutions Get Implemented?," FifteenEightyFour, April 30, 2020 (with Tom Ginsburg). www
  • "How States Can Best Unite to Fight the Virus," The Washington Post, April 19, 2020. www
  • "Is the Constitution the Problem?," The American Interest, February 2020 (with Tom Ginsburg). www
  • "Designing Better Impeachments," Boston Review, February 2020 (with Tom Ginsburg & David E. Landau). www
  • "Opinion: Impeachment has Rebooted Other Democracies Stuck in Corruption and Gridlock," Los Angeles Times, December 15, 2019 (with Tom Ginsburg & David E. Landau). www
  • "Judicial Norms and Judicial Capacity," Balkinization, September 12, 2019. www
  • "Talking about the Rule of Law with Robert Mueller and E.P. Thompson," In the Moment, July 30, 2019. www
  • "The Feel of Feeling Left Behind," Los Angeles Review of Books, June 7, 2019. www
  • "Executive Privilege is a New Concept Build on Shaky Legal Foundations," Washington Post, May 10, 2019. www
  • "How the Supreme Court Stripped Congress of the Power to End National Emergencies," Washington Post, February 27, 2019. www
  • "Has the Supreme Court Already Decided the Wall Case?," Politico Magazine, February 19, 2019. www
  • "It's Only a Matter of Time before China Ends Up with Our Facebook Data," CNN Business, December 21, 2018. www
  • "Republicans Took Oversight Power from the Minority: Democrats Should Restore It," Washington Post, November 11, 2018 (with Tom Ginsburg). www
  • "Democrats Want to Investigate Trump. Here's Why They Should Be Careful," Politico Magazine, November 9, 2018 (with Tom Ginsburg). www
  • "The Faulty Logic behind Trump’s Birthright Citizenship Proposal," Vox, October 31, 2018. www
  • "Constitutional Courts and the Project of Democratic Defense," Public Seminar, October 30, 2018 (with Tom Ginsburg). www
  • "Two Ways Democrats Can Remove Kavanaugh — Without Impeaching Him," Washington Post, October 17, 2018. www
  • "A Tainting of Judicial Independence," Take Care, October 8, 2018 (with Tom Ginsburg). www
  • "Why You Shouldn't Care if Kavanaugh is an Originalist," Politico Magazine, August 9, 2018. www
  • "Trump's War on Children," The Nation, July 20, 2018. www
  • "The Unitary Executive Theory in the Shadow of High-Level Criminality," Take Care, July 17, 2018. www
  • "The Future of Constitutional Discrimination Law after Hawai'i v. Trump," Take Care, June 26, 2018. www
  • "The Travel Ban Decision Echoes Some of the Worst Supreme Court Decisions in History," Vox, June 26, 2018. www
  • "The latest Supreme Court decision is being hailed as a big victory for digital privacy. It’s not.," Vox, June 23, 2018. www
  • "Impeachment as a Constitutional Design Choice," Take Care, June 18, 2018 (with Tom Ginsburg). www
  • "Under Trump, the United States has joined the sad roster of backsliding democracies," Vox, January 31, 2018. www
  • "Will Religion Decide the Fate of the Guantanamo Detainees?," The Guardian, January 11, 2018. www
  • "Here’s Why the Masterpiece Cakeshop Case Is So Complicated," Fortune, December 4, 2017. www
  • "How the Department of Justice’s Facebook Subpoenas Threaten Free Speech," Fortune, October 11, 2017. www
  • "Only the GOP can save (or destroy) democracy in America," The Nation, October 2017. www
  • "How would Trump handle a terror attack," The Guardian, September 18, 2017.
  • "When Government Defames," New York Times, August 10, 2017, at p. A19.
  • "Supreme Court can Second-Guess Trump without weakening executive power," The Hill, June 6, 2017.
  • "This is How Democratic Backsliding Begins," Vox, May 15, 2017. www
  • "The Comey Firing in (Comparative) Context," Take Care, May 11, 2017. www
  • "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
  • "Getting to Grips with Discrimination," JOTWELL, January 17, 2017. www
  • "The People Reconsidered," The New Rambler, October 17, 2016. 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. 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
  • "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
  • "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.
  • “The Public Trust in Data,” Work-in-Progress workshop, University of Chicago Law School, April 29, 2021.
  • “Democracy as Failure, Berkeley Workshop in Law, Philosophy, and Political Theory, Kadish Center for Morality, Law, & Public Affairs at Berkeley Law School, March 12, 2021.
  • “The Collapse of Constitutional Remedies,” National Conference of Constitutional Law Scholars, University of Arizona Law School, January 19, 2021.
  • “How Judicial Independence Fails,” University of Maryland Law and Economics Workshop, October 19, 2020.
  • “The Collapse of Constitutional Remedies,” George Mason Law School, September 22, 2020.
  • “A Right to a Human Decision,” Faculty Workshop, William and Mary Law School, January 30, 2020.
  • “Illiberalism and Islam,” Law and Philosophy Workshop, University of Chicago Law School, Jan. 27, 2020.
  • “Constitutional Rights in the Machine Learning State,” Faculty Workshop, Depaul Law School, Jan. 23, 2020.
  • “A Right to a Human Decision,” Faculty Workshop, Stanford Law School. October 31, 2019.
  • “How to Save a Constitutional Democracy,” LSE Legal & Political Theory Forum, London School of Economics, London, April 30, 2019.
  • “How to Save a Constitutional Democracy,” The Programme for the Foundations of Law and Constitutional Government, Oxford University Faculty of Law, Oxford, April 29, 2019.
  • “Privacy’s Political Economy and the State of Machine Learning,” Annual Survey of American Law Symposium, NYU School of Law, New York, April 26, 2019
  • “A Right to a Human Decision,” Faculty Workshop, Syracuse University School of Law, April 18, 2019.
  • “A Right to a Human Decision,” Work-in-Progress workshop, University of Chicago Law School, April 11, 2019.
  • “A Right to a Human Decision,” Faculty Workshop, University of Houston Law Center, Houston, April 9, 2019.
  • “Democracy as Failure,” Chicago Center on Democracy, Political Science Department, University of Chicago, April 5, 2019.
  • “Democracy without Democrats,” Conference on “Constitutions under Stress,” Princeton University Political Science Department, Princeton, NJ, March 29, 2019.
  • “Democracy without Democrats,” University of Paris, Sorbonne I, Paris, March 18, 2019 (invited seminar).
  • “How to Save a Constitutional Democracy,” The House of Lords, London, U.K. (seminar organized by Salzburg Global Forum), March 11, 2019.
  • “Article II and Anti-discrimination Norms,” National Conference of Constitutional Law Scholars, University of Arizona Law School, March 9, 2019.
  • “Racial Equity in Algorithmic Criminal Justice,” Legal Theory Workshop, Yale Law School, February 28, 2019.
  • “Article II and Anti-discrimination Norms,” Constitutional Law Colloquium, Northwestern Law School, February 18, 2019.
  • “How to Save a Constitutional Democracy,” American Bar Foundation, Chicago, February 5, 2019.
  • “Democracy as Failure,” Nomos Conference, Boston University School of Law, September 29, 2018.
  • “Racial Equity in Algorithmic Criminal Justice,” Public Law Workshop, Vanderbilt Law School, September 19, 2018.
  • “Racial Equity in Algorithmic Criminal Justice,” Conference on Criminal Law Theory, University of Toronto, September 14, 2018.
  • “Racial Equity in Algorithmic Criminal Justice,” Criminal Law Roundtable, Northwestern Law School, June 21, 2018.
  • “Democracy’s Near Misses,” Law and Society Conference, Plenary Session, Toronto, June 8, 2018
  • “Imputing Hate Crime Rates with Google Search Data,” Work-in-Progress workshop, University of Chicago Law School, May 24, 2018.
  • “Apparent Fault,” National Conference of Constitutional Law Scholars, University of Arizona Law School, March 16, 2018.
  • “Constitutional Conventions and Incomplete Constitutional Texts,” Duke Law School Roundtable on Constitutional Conventions, Durham, NC, March 2, 2018.
  • “How War Makes (and Unmakes) the Democratic State: Reading The Reluctant Fundamentalist and Exit West In A Populism Age,” Conference on War and Law in Literature, University of Chicago Law School, Chicago, IL, February 24, 2018.
  • “Legal or Political Checks on Apex Criminality,” UCLA Law Review Symposium, February 2, 2018.
  • “How to Lose a Constitutional Democracy,” Brightlineswatch conference on “How Democracies Die,” Department of Political Science, Yale University, New Haven, CT, Oct. 6, 2017
  • “How to Lose a Constitutional Democracy,” LAPA Seminar, Princeton University, Princeton NJ, Oct. 2, 2017.
  • “How to Lose a Constitutional Democracy,” Faculty Workshop, University of North Carolina at Chapel Hill, Chapel Hill, NC, Sept. 7, 2017.
  • “Institutional Loyalties in Constitutional Law,” Work-in-Progress workshop, University of Chicago Law School, July 14, 2017.
  • “The Triumph of Fault in Public Law,” Criminal Law Roundtable, University of Chicago Law School, Chicago IL, June 2, 2017.
  • “The Triumph of Fault in Public Law,” Constitutional Law Colloquium, University of Illinois College of Law, Urbana-Champagne IL, March 13, 2017.
  • “How to Lose a Constitutional Democracy,” Work-in-Progress workshop, University of Chicago Law School, January 5, 2017.
  • “The Cycles of Separation of Powers Jurisprudence,” Yale Law Journal Reading Group, Yale Law School, September 19, 2016.
  • “Constitution Day Lecture: Muslim Minorities, Counterterrorism, and the Constitution,” University of Denver, Sturm School of Law, September 1, 2016.
  • “The President and the Detainees,” University of Denver, Sturm School of Law, August 31, 2016.
  • “The President and the Detainees,” Columbia Law School, National Security Law Workshop, June 21, 2016.
  • “What Does Classical Liberalism have to say about Mass Incarceration?” Conference on Classical Liberalism, University of Chicago Law School, May 13, 2016.
  • “Community Led Counterterrorism,” World Justice Project, Stanford Law School, May 6, 2016.
  • “The First Amendment and American Counterterrorism,” Harvard Muslim Law Students Association Symposium, Harvard Law School, April 2, 2016.
  • Commentator on Deborah Tuerkheimer, “Underenforcement as Unequal Protection,” Regulation of Family, Sex, and Gender Workshop, University of Chicago Law School, March 30, 2016.
  • “The President and the Detainees,” Conference on Accountability for Trans-National Counter-terrorism Operations, King’s College, London, March 10, 2016.
  • “The Apple Case: A Commentary,” Presentation at University of Chicago Institute of Politics, Chicago, March 7, 2016.
  • “The President and the Detainees,” Chicago-Kent Law School Faculty Workshop, January 19, 2016.
  • “Litigating the Blue Wall of Silence,” University of Chicago Legal Forum, November 5, 2015.
  • “The Predicates of Military Detention,” Conference on Empirical Legal Studies, Washington University School of Law, October 30, 2015.
  • Commentary on “Constitutional Arrogance” by Michael Gerhardt, Law Review Symposium, University of Pennsylvania Law School, October 16, 2015.
  • “Hippocratic Constitutionalism,” Constitutional Law Workshop, Cornell Law School, September 7, 2015.
  • “How the Fourth Amendment and the Separation of Powers Rise (and Fall) Together,” University of Chicago Law Review Symposium, University of Chicago Law School, June 20, 2015.
  • “Identifying the Predicates of Military Detention at Guantánamo,” Work-in-Progress workshop, University of Chicago Law School, May 28, 2015.
  • “The Fourth Amendment and the Separation of Powers,” Testimony to the Privacy and Civil Liberties Oversight Board, National Constitutional Center, Philadelphia, May 13, 2015.
  • Hobby Lobby and the Psychology of Corporate Rights,” Chicago’s Best Ideas, University of Chicago Law School, May 5, 2015.
  • “Hippocratic Constitutionalism,” Conference on Assessing Constitutional Performance, University of Chicago Law School, April 24, 2015.
  • “The Difficulties of Democratic Mercy,” Response to Dean Martha Minow’s Jorde Lecture, University of Chicago Law School, January 8, 2015.
  • “Identifying the Predicates of Military Detention at Guantánamo,” Conference on Empirical Legal Studies, University of California School of Law, Boalt Hall, Berkeley, November 11, 2014.
  • “The Negotiated Structural Constitution,” Columbia Law Review Forum, Columbia Law School, October 4, 2014.
  • “The Empirical Study of National Security Detention,” Yale-Duke Foreign Relations Law Roundtable, Yale Law School, October 3, 2014.
  • “The Architecture of Constitutional Remedies,” Baldy Center Distinguished Visitors Lecture, Buffalo Law School, September 5, 2014.
  • “The Social Production of National Security,” Law and Security Workshop, Emory Law School, March 24, 2014.
  • “Libertarian Separation of Powers,” Conference on The Classical Liberal Conference, NYU School of Law, February 10, 2014.
  • “Forum Choice for Terrorism Suspects,” National Security Law, Policy and Practice Conference, Loyola University Chicago School of Law, February 7, 2014.
  • “What can Constitutions Do?,” Work in Progress Workshop, University of Chicago Law School, February 6, 2014.
  • “Coasean Bargaining over the Structural Constitution,” Faculty Workshop, Duke Law School, October 28, 2014.
  • “Habeas and the Roberts Court,” Faculty Workshop, American University, Washington College of Law, September 27, 2013.
  • “Coasean Bargaining over the Structural Constitution,” Chicago Junior Scholars Workshop, August 11, 2013.
  • “Standing and the Structural Constitution,” Work in Progress Workshop, University of Chicago Law School, May 23, 2013.
  • “The Function of Article V,” Invited Distinguished Lecture in Constitutional Law, Drake Law School, April 18, 2013.
  • “Standing and the Structural Constitution,” Faculty Workshop, Drake Law School, April 18, 2013.
  • “Removal as a Political Question,” Judicial Sidebar Workshop, University of Chicago Law School, February 20, 2013.
  • “Standing and the Structural Constitution,” Midwest Junior Scholars Workshop, Washington University School of Law, December 14, 2012.
  • “Standing and the Structural Constitution,” Chicago Junior Faculty Workshop, Loyola School of Law, November 30, 2012.
  • “Removal as a Political Question,” Stanford Law Review Forum, Stanford Law School, November 13, 2012.
  • “Group Libel and Blasphemy Laws,” Center for the Study of Gender and Sexuality, University of Chicago, October 10, 2012.
  • “The Function of Article V,” Wisconsin Discussion Group on Constitutionalism, University of Wisconsin, Madison, October 5, 2012.
  • “The Social Production of National Security,” Columbia Law School National Security Junior Scholars Workshop, July 10, 2012.
  • “The Religion Clauses Today,” The Newberry Library, Chicago, June 29, 2012.
  • “Forum Choice for Terrorism Suspects,”
    “Enforcing (but not Defending) ‘Unconstitutional’ Laws,” Midwest Junior Scholars Workshop, Washington University School of Law, December 9, 2011.
  • “Forum Choice for Terrorism Suspects,” Work in Progress Workshop, University of Chicago Law School, December 8, 2011.
  • “Mechanisms for eliciting cooperation in counter-terrorism policing: The case of Muslims in London,” Conference on National Security, Human Dignity, and the “Other,” University of Minnesota Law School, May 20, 2011.
  • “Institution Matching and Individual Rights,” Presentation at Conference in honor of Justice John Paul Stevens, Northwestern Law School, May 12, 2011.
  • Commentator on Alison Miller and Mindy Jane Roseman, “Normalizing Sex and its Discontents: Establishing Sexual Rights in International Law,” Regulation of Family, Sex, and Gender Workshop, University of Chicago Law School, May 11, 2011.
  • “Departmentalism and the Rights of Others,” Presentation at Harvard Law Review Spring Forum, Harvard Law School, April 19, 2011.
  • Respondent to Hon. Richard A. Posner, “The Rise and Fall of Judicial Self-Restraint.” Jorde Lecture, University of Chicago Law School, April 14, 2011.
  • “Overlapping Jurisdictions in National Security Law,” Georgetown Center for National Security and the Law, Georgetown Law Center, April 12, 2011.
  • Commentator on Charlotte Walker, “Marriage, God, and the Law: Revolutions in Marriage and the Transformation of Domestic Authority in French Colonial Cameroon,” Regulation of Family, Sex, and Gender Workshop, University of Chicago Law School, Jan. 19, 2011.
  • “Mechanisms for eliciting cooperation in counter-terrorism policing: The case of Muslims in London,” Work in Progress Workshop, University of Chicago Law School, November 18, 2010.
  • “Mechanisms for eliciting cooperation in counter-terrorism policing: The case of Muslims in London,” Conference on Empirical Legal Studies, Yale Law School, November 6, 2010.
  • Commentator on Zoe Robinson, “The Attitudinal Model and Commonwealth Courts,” Legal Forum Symposium, University of Chicago Law School, October 23, 2010.
  • Commentator on Adrian Vermeule & Christian List, “Interdependence and Independence: Lessons from the Hive,” Rational Choice and Constitutional Law Conference, University of Chicago Law School, September 24, 2010.
  • “Legitimacy and Deterrence Effects in Counterterrorism Policing: A Study of Muslim Americans,” Law and Society Conference, May 2010.
  • “Modeling Terrorist Radicalization,” The New Face of Discrimination in America, Conference, Duke Law School, February 2010.
  • “Against National Security Exceptionalism,” Work in Progress Workshop, University of Chicago Law School, November 2009.
  • “Mobilizing for Constitutional Change in the Shadow of the National Security State,” The Constitution in 2020, America and the World panel, Yale Law School, October 2009.
  • “Approaches to Radicalization: The New York Case Study,” Whose Security? Whose Liberty? Muslims in the West Post-7/7 and 9/11, School of Oriental and African Studies, University of London, June 5, 2008.
  • “The War on Crime as Precursor to the War on Terror,” Criminal Law Panel, Association of American Law Schools Conference, New York, NY, January 5, 2008.
  • “Network Effects: A New Way of Looking at Extraordinary Rendition,” Conference on Extraordinary Rendition, University of North Carolina Law School, Chapel Hill, November 17, 2007.
  • “Presidential Power in a Time of Terror,” The Spitzer Lecture, The 92d Street Y, New York, NY, October 10, 2007.
  • “The Hirota Gambit,” Annual Survey of American Law’s Symposium on the Constitutional Implications of the War on Terror, NYU School of Law, Feb. 3, 2006.

Memberships and Professional Affiliations

  • Bar: New York (2002); U.S. Court of Appeals for the Second Circuit (2006); U.S. Court of Appeals for the District of Columbia Circuit (2006); U.S. Court of Appeals for the Ninth Circuit (2008); U.S. Supreme Court (2008).
  • Board Member: ACLU of Illinois; the New Press; American Constitutional Society

Institutional Service

  • University Board of Campus and Student Life, Chair, 2019-21; member, 2018-2019
  • Law School Diversity and Inclusion Committee, Chair, 2020-21
  • Ad Hoc Tenure Committees 2018, 2019, and 2020
  • Appointments (Chair) 2016-2018
  • University Ad Hoc Committee on Immigration and Non-Citizen Students 2016-17
  • Bigelow Fellowship Program 2014-2016
  • Appointments Committee 2011-12
  • Clerkships Committee 2012-14
  • Public Service Committee 2011-13
  • Rules and Petitions Committee 2012-13
  • Works-in-Progress Committee 2009-11.

Editorial Work

  • Editorial positions: Law and Social Inquiry Editorial Board (2018-20).
  • External peer reviewer: American Journal of Political Science, Political Science Quarterly, Democratization, Journal of Politics, Journal of Empirical Legal Studies, Criminology, Journal of Quantitative Criminology, Law and Society Review, Law and Social Inquiry, Law and History Review, Oxford Journal of Legal Studies, Crime & Delinquency, Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, University of Chicago Law Review, International Journal of Constitutional Law, Regulation and Governance, New Criminal Law Review, Congress and the Presidency, Management Science, Policing and Society, Behavioral Sciences of Terrorism and Political Aggression, Oxford University Commonwealth Law Journal, Journal of Policing, Intelligence and Counter-Terrorism, Journal of Experimental Criminology, Australia and New Zealand Journal of Criminology, Israel Science Foundation, Russell Sage Foundation, Cambridge University Press, Yale University Press, Oxford University Press, University of Chicago Press, Stanford University Press, Polity Press, Routledge Press, NYU Press, University of Michigan Press, University of California Press, New Press, and University of Kansas Press.

Awards and Honors

  • Winner, International Society of Public Law ICON-S Book Prize for How to Save a Constitutional Democracy, 2019
  • Selected by student vote to be Faculty Graduation ‘Hooder,’ June 2013, June 2015, and June 2019.
  • Graduating Students’ Award for Teaching Excellence 2015.

Fellowships and Grants

  • Analytics at Wharton Funding, 2019: Co-investigator on empirical research project concerning hiring algorithms (with Prasanna Tambe and Sharad Goel).
  • National Science Foundation, 2008: Co-investigator on empirical research project No. NSF0751874, concerning Muslims in the U.S. and U.K. and policing against terrorism (with Tom R. Tyler and Stephen J. Schulhofer).
  • Carnegie Scholars Fellowship, 2006: Two-year partial fellowship to study counterterrorism law, free speech, and Muslim minorities in North America and Europe.
  • Columbia Law School Human Rights Fellowship, 2002-2003: Year-long fellowship to conduct human-rights work in Afghanistan.