Aziz Z. Huq

Print
Book review
Volume 92.3
The Geopolitics of Digital Regulation
Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law, The University of Chicago Law School, supported by the Frank J. Cicero fund.

Thanks to Uven Chong for research assistance. Anu Bradford offered gracious, insightful, and generous comments on a draft that strikes to be fair, if critical, of her work. For her careful engagement, I am respectfully and deeply grateful. Editors of the University of Chicago Law Review, including Helen Zhao, Daniella Apodaca, and Nathan Hensley, did excellent work on the text.

Contemporary regulation of new digital technologies by nation-states unfolds under a darkening shadow of geopolitical competition. Three recent monographs offer illuminating and complementary maps of these geopolitical conflicts. Folding together insights from all three books opens up a new, more perspicacious understanding of geopolitical dynamics. This perspective, informed by all three books under consideration here, suggests grounds for skepticism about the emergence of a deep regulatory equilibrium centered on the emerging slate of European laws. The area of overlap will be strictly limited to less important questions by growing bipolar geostrategic conflict between the United States and China. Ambitions for global regulatory convergence when it comes to new digital technology, therefore, should be modest.

Print
Essay
Volume 92.2
The Constitutional Money Problem
Brian Galle
Professor of Law and Agnes Williams Sesquicentennial Chair in Tax Policy, Georgetown University Law Center.
Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law, The University of Chicago Law School, supported by the Frank J. Cicero Fund.

Under the Supreme Court’s contemporary approach to constitutional meaning, there is a surprising degree of doubt about whether key aspects of the Federal Reserve (“Fed”)—its independence from Congress and the President, and even its power to create money—are constitutional. In particular, we propose that the structure and monetary authority of the Fed can be justified by Article I, Section 8 borrowing power, and by the Public Debt Clause of the Fourteenth Amendment. In 1935, eight members of the Court agreed that these provisions require credible commitments: to meaningfully exercise the borrowing power, Congress must be able to promise creditors it will not undermine the value of its debts. We argue that judicial enforcement of sovereign promises is unlikely to fulfill this goal. Instead, the exercise of monetary authority by independent central banks is the most promising current solution to the credible sovereign borrower problem.

Print
Essay
Volume 89.2
Symposium Introduction: This Violent City? Urban Violence in Chicago and Beyond
Aziz Z. Huq
Professor of Law, University of Chicago Law School.
John Rappaport
Professor of Law, University of Chicago Law School.

Bartosz Woda provided invaluable help in preparing the charts in this Introduction; we owe him great thanks for his remarkable work. Professor Huq thanks the Frank J. Cicero Fund; Professor Rappaport thanks the Darelyn A. and Richard C. Reed Memorial Fund.

Our modest goal in this Introduction is to assemble some baseline empirics concerning both private violence and state coercion to provide a context for the pieces that follow. In so doing, we aim to mitigate the need for “scene setting” by each paper in the Symposium. Readers of the Symposium will find here a synoptic guide to some basic facts about the distribution and extent of criminal violence, as well as socioeconomic conditions and police activity, in Chicago.

Print
Essay
Volume 89.2
Identifying and Measuring Excessive and Discriminatory Policing
Alex Chohlas-Wood
Executive Director, Stanford Computational Policy Lab
Marissa Gerchick
Data Scientist, Stanford Computational Policy Lab.
Sharad Goel
Professor of Public Policy, Harvard Kennedy School.
Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law, University of Chicago.
Amy Shoemaker
Data Scientist, Stanford Computational Policy Lab.
Ravi Shroff
Assistant Professor of Applied Statistics, New York University.
Keniel Yao
Data Scientist, Stanford Computational Policy Lab.

We describe and apply three empirical approaches to identify superfluous police activity, unjustified racially disparate impacts, and limits to regulatory interventions.

Print
Essay
As Brown Has Waned
Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law, The University of Chicago Law School.

My thanks to the Frank J. Cicero Fund for support and to the editors of the Law Review for their careful editing.

Toward the end of the 1970s, the pioneering scholar and advocate Derrick Bell published two landmark articles. Both reflected critically on the school-desegregation litigation he had pursued as a young NAACP lawyer.

2
Essay
87 Special
The Double Movement of National Origin Discrimination
Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law, The University of Chicago Law School.

My thanks to the Frank J. Cicero Fund for support, and to the editors of the Law Review for their careful editing.

Print
Essay
85.2
Terrorism and Democratic Recession
Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law, The University of Chicago Law School

Thanks to symposium participants for helpful responses and conversations, and to Brent Cooper and other editors at the Review for excellent edits. Support for this work was supplied by the Frank J. Cicero, Jr. Fund.

The act of terrorism and the state of democracy are related in complex, dimly understood ways.

Print
Article
85.2
The Coming Demise of Liberal Constitutionalism?
Tom Ginsburg
Leo Spitz Professor of International Law and Ludwig and Hilde Wolf Research Scholar, The University of Chicago Law School
Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law, The University of Chicago Law School.
Mila Versteeg
Class of 1941 Research Professor of Law, University of Virgina School of Law

In the wake of World War II, liberal constitutionalism emerged as a default design choice for political systems across Europe and North America. It then diffused more widely across the globe as a whole.

Print
Article
85.1
Institutional Loyalties in Constitutional Law
David Fontana
Associate Professor of Law, George Washington University

Our thanks to Michael Abramowicz, Joseph Blocher, Mary Anne Case, Justin Driver, Alison LaCroix, Jonathan Masur, Jon Michaels, Douglas NeJaime, Martha Nussbaum, David Pozen, David Schleicher, Paul Schied, Naomi Schoenbaum, Micah Schwartzman, Michael Selmi, Ganesh Sitaraman, Lior Strahilevitz, and Laura Weinrib for thoughtful comments and suggestions. Lael Weinberger, Brent Cooper, and other editors at the Review also supplied useful critical thoughts. We also received helpful feedback from workshops at the George Washington Law School and the University of Chicago Law School. Support for one of us (Huq) was supplied by the Frank J. Cicero, Jr. Fund. Our errors are our responsibility alone.

Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law, University of Chicago Law School

The Constitution’s separation of powers implies the existence of three distinct and separate branches.

2
Book review
79.2
Binding the Executive (by Law or by Politics)
Aziz Z. Huq
Assistant Professor of Law, University of Chicago Law School

Thanks to Daniel Abebe, Bernard Harcourt, Rick Hills, Trevor Morrison, Eric Posner, and Adrian Vermeule for their insightful and helpful comments, and to Eileen Ho for excellent research assistance. I am especially grateful to Professor Posner for graciously suggesting that I look closely at one of his books. I am pleased to acknowledge the support of the Frank Cicero, Jr Faculty Fund. All errors herein are mine alone.