This course will survey a wide range of current national security law issues and is designed to provide students, particularly those with no background in the topic, with an overview of the American legal architecture for its security enterprise, and to acquaint them with the breadth of its impact on U.S. society. While of obvious interest to those considering government (to include military) and nongovernmental organization service, the course aims to provide a general background and context useful to everyone in the legal profession. The class will also examine related issues that arise "in the news" with special emphasis on the impact of national and international security matters on domestic and global business.
The course begins with an analysis of the Constitutional structure governing national security matters, and the role played by the three branches of government (with special emphasis on Presidential power). The seminar will also relate the domestic effect of international law to the American national security law regime. It will examine governmental authorities to conduct surveillance, as well as the legal parameters of the investigation and prosecution of national security cases in both Article III courts, and by military commission. Further, public access to national security information in civil litigation, and restraints on disclosing and publishing national security information will be addressed. In addition, domestic security issues (to include the domestic use of the armed forces), security-based travel restrictions, the role of the Centers for Disease Control, the military justice system, as well as civil-military relations will be reviewed.
There is no examination for this course, but a 30-page research paper (constituting 65% of the grade) is required on a topic chosen by the student and approved by the instructor. With instructor approval, the course paper may fulfill Upper-Level and possibly other writing requirements. The remainder of the grade (35%) is based on the quality and frequency of class participation. In connection with class participation, each student should expect to be assigned at least one short written or oral assignment to be shared with the class. Students should be aware that this course may include discussion and visual depictions (still and video) of armed conflict and other acts of extreme violence. The textbook for the course is Dycus, et. al. National Security Law (6th ed., 2016) (there may also be a supplement), and additional material will be provided by the instructor electronically. Because this course is presented in classes two-hours in length, it is not necessary to meet twice every week. Consequently, it is anticipated (subject to change) that during the fall of 2017, there will be no classes on the following dates (which include holidays): September 4, 6, 20, 25; October 9, 11 and 16, and November 15 and 22. This course will offered only in the fall.
LAW 120 CONSTITUTIONAL LAW is recommended, but not required, as a prerequisite for one-year LLM students.
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