Aziz Z. Huq - The Collapse of Constitutional Remedies
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- Book:The Collapse of Constitutional Remedies
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- Publisher:Oxford University Press
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- Year:2021
- City:Oxford
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OTHER BOOKS IN THE SERIES:
Not a Suicide Pact
The Constitution in a Time of National Emergency
Richard A. Posner
Out of Range
Why the Constitution Cant End the Battle over Guns
Mark V. Tushnet
Unfinished Business
Racial Equality in American History
Michael J. Klarman
Supreme Neglect
How to Revive Constitutional Protection for Private Property
Richard A. Epstein
Is There a Right to Remain Silent?
Coercive Interrogation and the Fifth Amendment after 9/11
Alan M. Dershowitz
The Invisible Constitution
Laurence H. Tribe
Uninhibited, Robust, and Wide Open
A Free Press for a New Century
Lee C. Bollinger
From Disgust to Humanity
Sexual Orientation and Constitutional Law
Martha C. Nussbaum
The Living Constitution
David A. Strauss
Keeping Faith with the Constitution
Goodwin Liu, Pamela S. Karlan, and Christopher H. Schroeder
Cosmic Constitutional Theory
Why Americans Are Losing Their Inalienable Right to Self-Governance
J. Harvie Wilkinson III
More Essential Than Ever
The Fourth Amendment in the Twenty-First Century
Stephen J. Schulhofer
On Constitutional Disobedience
Louis Michael Seidman
The Twilight of Human Rights Law
Eric A. Posner
Constitutional Personae
Heroes, Soldiers, Minimalists, and Mutes
Cass R. Sunstein
The Future of Foreign Intelligence
Privacy and Surveillance in a Digital Age
Laura K. Donohue
HATE
Why We Should Resist It with Free Speech, Not Censorship
Nadine Strossen
Democracy and Equality
The Enduring Constitutional Vision of the Warren Court
Geoffrey R. Stone and David A. Strauss
Beyond Belief, Beyond Conscience
The Radical Significance of the Free Exercise of Religion
Jack Rakove
The Religion Clauses
The Case for Separating Church and State
Erwin Chemerinsky and Howard Gillman
Liars
Falsehoods and Free Speech in an Age of Deception
Cass R. Sunstein
Saving the News
Why the Constitution Calls for Government Action to Preserve Freedom of Speech
Martha Minow
The Collapse of Constitutional Remedies
Aziz Z. Huq
series editor
Geoffrey R. Stone
Lee C. Bollinger
President
Columbia University
Alan M. Dershowitz
Felix Frankfurter Professor of Law
Harvard Law School
Laura K. Donohue
Professor of Law
Georgetown University Law Center
Richard A. Epstein
Laurence A. Tisch Professor of Law
New York University School of Law
Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law
University of Chicago Law School
Pamela S. Karlan
Kenneth and Harle Montgomery Professor of Public Interest Law
Stanford Law School
Alexander Keyssar
Matthew W. Stirling, Jr., Professor of History and Social Policy
JFK School of Government, Harvard University
Michael J. Klarman
Kirkland & Ellis Professor of Law and History
Harvard Law School
Larry D. Kramer
Richard E. Lang Professor of Law and Dean
Stanford Law School
Lawrence Lessig
Edmund J. Safra Professor of Law
Harvard Law School
Goodwin Liu
Professor of Law
University of California at Berkeley School of Law
Michael W. McConnell
Richard and Frances Mallery Professor of Law
Stanford Law School
Martha C. Nussbaum
Ernst Freund Distinguished Service Professor, Philosophy, Law, Divinity, South Asian Studies
The University of Chicago
Eric A. Posner
Kirkland & Ellis Distinguished Service Professor of Law
University of Chicago Law School
Richard A. Posner
Judge
US Court of Appeals for the Seventh Circuit
Jack N. Rakove
William Robertson Coe Professor of History and American Studies
Stanford University
Christopher H. Schroeder
Charles S. Murphy Professor of Law
Duke Law School
Stephen J. Schulhofer
Robert B. McKay Professor of Law
New York University School of Law
Louis Michael Seidman
Carmack Waterhouse Professor of Constitutional Law
Georgetown University Law Center
Geoffrey R. Stone
Edward H. Levi Distinguished Service Professor
University of Chicago Law School
David A. Strauss
Gerald Ratner Distinguished Service Professor of Law
University of Chicago Law School
Kathleen M. Sullivan
Stanley Morrison Professor of Law
Stanford Law School
Cass R. Sunstein
Robert Walmsley University Professor
Harvard Law School
Laurence H. Tribe
Carl M. Loeb University Professor of Law
Harvard Law School
Mark V. Tushnet
William Nelson Cromwell Professor of Law
Harvard Law School
J. Harvie Wilkinson III
Judge
US Court of Appeals for the Fourth Circuit
Kenji Yoshino
Chief Justice Earl Warren Professor of Constitutional Law
New York University School of Law
Geoffrey Stone and Oxford University Press gratefully acknowledge the interest and support of the following organizations in the Inalienable Rights series: The ALA The Chicago Humanities Festival The American Bar Association The National Constitution Center The National Archives
Oxford University Press is a department of the University of Oxford. It furthers the Universitys objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries.
Published in the United States of America by Oxford University Press
198 Madison Avenue, New York, NY 10016, United States of America.
Oxford University Press 2021
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above.
You must not circulate this work in any other form and you must impose this same condition on any acquirer.
Library of Congress Cataloging-in-Publication Data
ISBN 9780197556818
eISBN 9780197556832
DOI: 10.1093/oso/9780197556818.001.0001
To
Robert D. Sack
and Fritz A. O. Schwarz,
i migliori fabbri
...
...
I am grateful to Andrew Coan, Seth Davis, Neal Devins, Gerald Magliocca, Tara Leigh Grove, Alon Harel, Jon Michaels, Jim Pfander, Aziz Rana, Shalev Roisman, and Gerry Rosenberg. All read parts of the manuscript and gave me valuable feedback. Geof Stone read a proposal and the whole draft. At both stages, he gave thoughtful and useful reactions. Genevieve Lakier and I wrote a piece together that spun out some ideas related to this book; in the process, we had many thought-provoking conversations. Deans Michael Schill and Tom Miles of the University of Chicago Law School nurtured a robust intellectual home for work on this volume. The
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