Baher Azmy

Professor
of Law

SETON HALL LAW SCHOOL


(973)642-8291
SSRN Site

 
 
Biography & Scholarship
Biography
Publications
Courses & Syllabi
Constitutional Law
Civil Litigation Clinic


“The deeply troubling aspect of Guantánamo is its mutual reinforcing combination of secrecy and lawlessness. Transparency and adherence to the rule of law is crucial to democracy, and even more so at a time when we are trying to demonstrate to the world the superiority of democracy as an instrument of progress and reform. I hope to teach our students that litigation and appeals to higher constitutional values are enormously important mechanisms to hold governmental authorities accountable to their stated ends and to force institutions to take notice of these traditionally disfavored or ignored persons who are otherwise most likely to suffer from its abuses.”
 

Biography
 

Professor Azmy received his B.A., magna cum laude, with a distinction in American History from the University of Pennsylvania before pursuing a master’s degree from Columbia University’s School of International and Public Affairs.  He received his J.D. from the New York University School of Law, magna cum laude, where he distinguished himself as a Root-Tilden-Snow Public Interest Scholar and as a member of the Order of the Coif upon graduation.  After clerking for Honorable Dolores K. Sloviter, then Chief Judge of the Third Circuit Court of Appeals in Philadelphia, he entered private practice in New York City. 

Professor Azmy joined the Seton Hall faculty full-time in 2000 as a clinical professor.  His Civil Litigation Clinic focuses primarily on civil rights and consumer litigation cases; he and his students have pursued a range of innovative impact litigation cases in federal and state courts including: 

  • challenging the termination of an aviation security expert from the TSA on the grounds of his Arab and Muslim heritage
  • amicus brief on behalf of 300+ Guantánamo detainees to the United State Supreme Court, urging the Court to grant cert before judgment;
  • a constitutional challenge to the adequacy of mental health treatment for certain civilly committed persons in New Jersey facilities;
  • amicus briefs to the U.S. Supreme Court challenging the propriety of state and local police enforcement of federal immigration laws and to the Third Circuit Court of Appeals demonstrating the connection between predatory mortgage lending practices and mandatory arbitration agreements. 
  • Lawsuits against United Nations diplomats and employees seeking damages and back wages for acts of human trafficking and involuntary servitude.  
  • a challenge to the statewide late fee collection practices of a major national bank;

Professor Azmy represents Murat Kurnaz, a German resident of Turkish descent who was detained in Guantánamo as an enemy combatant.  His efforts and the plight of his client have been featured in The Washington Post, The New York Times, The Wall Street Journal, The New Yorker and a number of local and international publications.  His client was released from Guantánamo to his home country in August 2006, never having been charged with a crime.

Professor Azmy also teaches Constitutional Law.  He writes and speaks on issues related to civil liberties, equal rights, consumer fraud and predatory lending. 

 

Publications
 
Law Review Articles
 
Rasul v. Bush and the Intra-territorial Application of the Constitution, forthcoming 62 Annual Surv. Amer. Law (2006.) 

Squaring the Predatory Lending Circle:  A Case for the States as Laboratories of Experimentation, 57 Florida L. Rev. 295 (2005)

Modeling a Response to Predatory Lending: The New Jersey Home Ownership Security Act of 2002, 35 Rutgers L. J. 645 (2004) (co-authored with David Reiss)

Unshackling the Thirteenth Amendment: Modern Slavery and a Reconstructed Civil Rights Agenda, 71 Fordham L. Rev. 981 (2002)

Other Articles
 

 Detainees Denied Either Way, Op Ed., New Jersey Star Ledger (September 20, 2006).

Hold the Line Against Diluting Anti-Predatory Lending Law,
New Jersey L. J., (January 26, 2004).

Lenders Threaten to Gut Protections to NJ Predatory Lending Law, Op Ed., Philadelphia Inquirer (December 18, 2003).