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What is Discriminatory Intent?

The Constitution’s protection of racial and religious groups is organized around the concept of discriminatory intent. But the Supreme Court has never provided a crisp, single definition of ‘discriminatory intent’ that applies across different institutions and public policy contexts. Instead, current jurisprudence tacks among numerous, competing conceptions of unconstitutional...

The Constitutional Law of Agenda Control

). 23. See Aziz Z. Huq, The Negotiated Structural Constitution, 114 COLUM. L. REV. 1595 ( 2014 ) [hereinafter Huq, Negotiated Structural Constitution]. 24. This is true in the separation of powers

Structural Constitutionalism as Counterterrorism

Constitutionalism as Counterterrorism Aziz Z. Huq∗ During the past decade, federal courts have adjudicated proliferating challenges to novel policy responses to terrorism. Judges often resolve the individual

The Social Production of National Security

& Gary Ackerman, The EmpiricalStudy of Terrorism:Social and Legal Research, 5 ANN. REv. L. & Soc. Sc. 347, 348-49 (2009). 68 See Aziz Z. Huq, Modeling TerroristRadicalization,2 DUKE F. FOR L. & Soc ... groups ... probably will 279, 288 (2012); see also Aziz Z. Huq, The SignalingFunction of Religious Speech in Domestic Counterterrorism,89 TEx. L. REv. 833, 880-90 (2011) [hereinafter Huq

The People Against the Constitution

the September 1970 hijacking of four New York–bound airliners by the Popular Front for the Liberation of Palestine). 3. Aziz Z. Huq, Terrorism and Democratic Recession, 84 U. Chi. L. Rev. (forthcoming

Litigating the Blue Wall of Silence: How to Challenge the Police Privilege to Delay Investigation

By Aziz Z. Huq and Richard H. McAdams, Published on 02/03/17 ... rules. See, e.g., Pennsylvania v. Mimms, 434 U.S. 106, 109-11 (1977) (per curiam). 7 The relevant law is summarized, and critiqued, in Aziz Z. Huq, JudicialIndependence and the Rationing of

Litigating the Blue Wall of Silence: How to Challenge the Police Privilege to Delay Investigation

By Aziz Z. Huq and Richard H. McAdams, Published on 02/03/17 ... rules. See, e.g., Pennsylvania v. Mimms, 434 U.S. 106, 109-11 (1977) (per curiam). 7 The relevant law is summarized, and critiqued, in Aziz Z. Huq, JudicialIndependence and the Rationing of

How the Fourth Amendment and the Separation of Powers Rise (and Fall) Together

and history remain 16 See Aziz Z. Huq, Libertarian Separation of Powers, 8 NYU J L & Liberty 1006, 1012 (2014) (?[T]he analysis of structural constitutional design proves only ambiguous and fragile ... ?already reflects this asymmetrical political economy through the ?universal[ ]? inclusion of ?law enforcement access to covered material, relying chiefly on more complex devices 135 See Aziz Z. Huq

Judicial Independence and the Rationing of Constitutional Remedies

DUKE LAW JOURNAL Duke Law Journal 0 Copyright © 2015 Aziz Z. Huq. grateful to Anya Bernstein , Guyora Binder, Samuel Bray, Luis Chiesa, Zach Clompton, Jim Gardner, Genevieve Lakier, Marin Levy, Anji ... which such a one-to-one correspondence between rights and remedies existed. 9. Aziz Z. Huq, Habeas and the Roberts Court, 81 U. CHI. L. REV. 519, 582 (2014) (discussing the role of fault). A student note

Habeas and the Roberts Court

. See generally Aziz Z. Huq, What Good Is Habeas?, 26 Const Commen 385 (2010). See also Aziz Z. Huq, Forum Choice for Terrorism Suspects, 61 Duke L J 14 15 (2012 ) (analyzing the choice between Article ... addition the idea of "balance" in constitutional design is beset by well-known and insuperable conceptual difficulties that King and Hoffmann simply blink. See Aziz Z. Huq, StructuralConstitutionalismas

Tiers of Scrutiny in Enumerated Powers Jurisprudence

spin"). See also Aziz Z. Huq, Enforcing (but Not Defending) 'Unconstitutional'Laws, 98 Va L Rev 1001, 1062 (2012). 21 See Huq, 98 Va L Rev at 1010, 1034-37 (cited in note 20) (defining "weak ... analyzed the development of judicial review from an external perspective attentive to political economy trends. See Aziz Z. Huq, When Was Judicial Self-Restraint?, 100 Cal L Rev 579, 583 (2012). The relation

Tiers of Scrutiny in Enumerated Powers Jurisprudence

spin"). See also Aziz Z. Huq, Enforcing (but Not Defending) 'Unconstitutional'Laws, 98 Va L Rev 1001, 1062 (2012). 21 See Huq, 98 Va L Rev at 1010, 1034-37 (cited in note 20) (defining "weak ... analyzed the development of judicial review from an external perspective attentive to political economy trends. See Aziz Z. Huq, When Was Judicial Self-Restraint?, 100 Cal L Rev 579, 583 (2012). The relation

Binding the Executive (by Law or by Politics) (reviewing The Executive Unbound: After the Madisonian Republic by Eric A. Posner, Adrian Vermeule)

generate no meaningful signal about "public opinion" respecting abuses.'98 195 Aziz Z. Huq, Uncertain Law in Uncertain Times: Emergency Powersand Lessonsfrom South Asia, 13 Constellations 89, 100 (2006 ... enforcement of constitutional rules). 212 Id (recognizing cost of enforcing constitutional rules). 213 See Aziz Z. Huq, What Good Is Habeas?,26 Const Commen 385, 422-24 (2010). For an analysis of the potential

Binding the Executive (by Law or by Politics) (reviewing The Executive Unbound: After the Madisonian Republic by Eric A. Posner, Adrian Vermeule)

By Aziz Z. Huq, Published on 03/01/12 ... generate no meaningful signal about "public opinion" respecting abuses.'98 195 Aziz Z. Huq, Uncertain Law in Uncertain Times: Emergency Powersand Lessonsfrom South Asia, 13 Constellations 89, 100 (2006

Forum Choice for Terrorism Suspects

DUKE LAW JOURNAL FORUM CHOICE FOR TERRORISM SUSPECTS AZIZ Z. HUQ 0 1 0 Assistant Professor of Law, University of Chicago Law School. Many thanks to Daniel Abebe , Douglas Baird, Eric Biber, Liz ... © 2012 by Aziz Z. Huq What forum should be used to adjudicate the status of persons suspected of involvement in terrorism? Recent clashes between Congress and the president as to whether the status of

Modeling Terrorist Radicalization

MODELING TERRORIST RADICALIZATION AZIZ Z. HUQ 0 0 Assistant Professor of Law, University of Chicago Law School. I am grateful to Bernard Harcourt for insightful comments. My thanks to Ellen Fisher