Aziz Huq

Aziz Z. Huq

Frank and Bernice J. Greenberg Professor of Law

Aziz Huq’s teaching and research interests include constitutional law, criminal procedure, federal courts, and legislation. His scholarship concerns the interaction of constitutional design with individual rights and liberties. His pieces have garnered the AALS Junior Scholars Paper Competition Award in Criminal Law and been selected for the Harvard/Stanford/Yale Junior Faculty Forum. Before joining the Law School faculty, Prof. Huq worked as Associate Counsel and then Director of the Liberty and National Security Project of the Brennan Center for Justice at NYU School of Law, litigating cases in both the US Courts of Appeals and the Supreme Court. He was also a Senior Consultant Analyst for the International Crisis Group, researching constitutional design and implementation in Pakistan, Nepal, Afghanistan, and Sri Lanka. He clerked for Judge Robert D. Sack of the US Court of Appeals for the Second Circuit and 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. In 2015, Prof. Huq received the Graduating Students Award for Teaching Excellence.


Columbia Law School
JD, summa cum laude, 2001

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

University of North Carolina at Chapel Hill
BA, summa cum laude in international studies and French, 1996  

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


The University of Chicago Law School  
Frank and Bernice J. Greenberg Professor of Law, 2016-present
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

Muslim Advocates and ACLU of Illinois
Cooperating Counsel, 2012-present

New York University School of Law
Adjunct Professor of Law, spring 2007 and 2008

The Brennan Center for Justice, New York University School of Law
Director, Liberty and National Security Project, November 2005-February 2009
Associate Counsel, Democracy Program, November 2004-November 2005 

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)

  • 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)

  • 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
  • "Constitutional Rights in the Machine Learning State," 105 Cornell Law Review 1875 (2020). www
  • "Equality's Understudies," 118 Michigan Law Review 1027 (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
  • "Economics of Surveillance," 133 Harvard Law Review 1280 (2020). www
  • "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

  • "How to Lose a Constitutional Democracy," in Current Debates in Comparative Politics, Tyler Dickovick & Jonathan Eastwood eds. (Oxford University Press, 2019) (with Tom Ginsburg).
  • "Administrative Justice as a Constitutional Problem," in The Oxford Handbook of Administrative Justice (Oxford University Press, 2019).
  • "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

  • "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
  • "How anti-terrorism laws equip law enforcement to crack down on Iranian-Americans," Washington Post Blogs, January 7, 2020.
  • "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.
  • "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, October 6, 2017; Faculty Workshop, University of North Carolina at Chapel Hill, Chapel Hill, NC, September 7, 2017; Work-in-Progress workshop, University of Chicago Law School, January 5, 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,” Constitutional Law Colloquium, University of Illinois College of Law, Urbana-Champagne IL, March 13, 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,” Columbia Law School, National Security Law Workshop, June 21, 2016; Conference on Accountability for Trans-National Counter-terrorism Operations, King’s College, London, March 10, 2016; Chicago-Kent Law School Faculty Workshop, January 19, 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 Apple Case: A Commentary,” Presentation at University of Chicago Institute of Politics, Chicago, March 7, 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; Conference on Assessing Constitutional Performance, University of Chicago Law School, April 24, 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; Conference on Empirical Legal Studies, University of California School of Law, Boalt Hall, Berkeley, November 11, 2014
  • “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
  • “The Difficulties of Democratic Mercy,” Response to Dean Martha Minow’s Jorde Lecture, University of Chicago Law School, January 8, 2015
  • “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 at Emory Law School, 24 March 2014; Columbia Law School National Security Junior Scholars Workshop, 10 July 2012
  • “Libertarian Separation of Powers,” Conference on The Classical Liberal Conference at NYU School of Law, 10 February 2014
  • “Forum Choice for Terrorism Suspects,” National Security Law, Policy and Practice Conference at Loyola University Chicago School of Law, 7 February 2014; CISAC at Stanford University, 8 March 2012; Work in Progress Workshop at University of Chicago Law School, 8 December 2011
  • “What can Constitutions Do?,” Work in Progress Workshop at University of Chicago Law School, 6 February 2014
  • “Coasean Bargaining over the Structural Constitution,” Faculty Workshop at Duke Law School, 28 October 2014; Chicago Junior Scholars Workshop, 11 August 2013
  • “Habeas and the Roberts Court,” Faculty Workshop at American University Washington College of Law, 27 September 2013
  • “Standing and the Structural Constitution,” Work in Progress Workshop at University of Chicago Law School, 23 May 2013; Faculty Workshop at Drake Law School, 18 April 2013; Midwest Junior Scholars Workshop at Washington University-St. Louis School of Law, 14 December 2012; Chicago Junior Faculty Workshop at Loyala School of Law, 30 November 2012
  • “The Function of Article V,” Invited Distinguished Lecture in Constititional Law at Drake Law School, 18 April 2013
  • “Removal as a Political Question,” Judicial Sidebar Workshop at University of Chicago Law School, 20 February 2013; Stanford Law Review Forum, 13 November 2012
  • “Group Libel and Blasphemy Laws,” Center for the Study of Gender and Sexuality at University of Chicago, 10 October 2012
  • “The Function of Article V,” Wisconsin Discussion Group on Constitutionalism at University of Wisconsin-Madison, 5 October 2012
  • “The Religion Clauses Today,” The Newberry Library, 29 June 2012
  • “Enforcing (but not Defending) ‘Unconstitutional’ Laws,” Midwest Junior Scholars Workshop at Washington University-St. Louis School of Law, 9 December 2011
  • “Mechanisms for eliciting cooperation in counter-terrorism policing: The case of Muslims in London,” Conference on National Security, Human Dignity, and the “Other” at University of Minnesota Law School, 20 May 2011; Work in Progress Workshop at University of Chicago Law School, 18 November 2010; Conference on Empirical Legal Studies at Yale Law School, 6 November 2010
  • “Institution Matching and Individual Rights,” Presentation at Conference in honor of Justice John Paul Stevens at Northwestern Law School, 12 May 2011
  • Normalizing Sex and its Discontents: Establishing Sexual Rights in International Law,” Regulation of Family, Sex, and Gender Workshop at University of Chicago Law School, 11 May 2011
  • “Departmentalism and the Rights of Others,” Harvard Law Review Spring Forum, 19 April 2011
  • Respondent to Hon. Richard A. Posner, “The Rise and Fall of Judicial Self-Restraint,” Jorde Lecture at University of Chicago Law School, 14 April 2011
  • “Overlapping Jurisdictions in National Security Law,” Presentation at Georgetown Center for National Security and the Law, 12 April 2011
  • “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 at University of Chicago Law School, 19 January 2011
  • “The Attitudal Model and Commonwealth Courts,” Legal Forum Symposium at University of Chicago Law School, 23 October 2010
  • “Interdependence and Independence: Lessons from the Hive,” Rational Choice and Constitutional Law Conference at University of Chicago Law School, 24 September 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 at Duke Law School, February 2010
  • "Against National Security Exceptionalism," Work in Progress Workshop at 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 at 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 at School of Oriental and African Studies at University of London, 5 June 2008
  • “The War on Crime as Precursor to the War on Terror,” Criminal Law Panel at Association of American Law Schools Conference, 5 January 2008
  • “Network Effects: A New Way of Looking at Extraordinary Rendition,” Conference on Extraordinary Rendition at University of North Carolina-Chapel Hill Law School, 17 November 2007
  • “Presidential Power in a Time of Terror,” The Spitzer Lecture at The 92d Street Y, 10 October 2007

Memberships and Professional Affiliations

  • Bar admissions, New York, U.S. Court of Appeals for the Second Circuit, U.S. Court of Appeals for the District of Columbia Circuit, U.S. Court of Appeals for the Ninth Circuit, and U.S. Supreme Court (2008)


  • Clerkships Committee (2012-2014)
  • Rules and Petitions Committee (2012-2013)
  • Public Service Committee (2011-2013)
  • Appointments Committee (2011-2012)
  • Works-in-Progress Committee (2009-2011)

Editorial Work

  • External peer reviewer, Law and Society Review; Law and Social Inquiry; University of Chicago Law Review
  • External peer reviewer, Israel Science Foundation; Cambridge University Press; Yale University Press; Polity Press; Routledge Press; 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
  • National Science Foundation: Co-investigator on empirical research project concerning Muslims in the U.S. and U.K. and counter-terrorism policing, 2008
  • Carnegie Scholars Fellowship: Two-year partial fellowship to study counterterrorism law, free speech, and Muslim minorities in North America and Europe, 2006
  • Columbia Law School Human Rights Fellowship: Summer fellowships to conduct human-rights work in Afghanistan, 2002-2003