588.01 Investigating and Prosecuting National Security Cases

National security cases present unique challenges to prosecutors and defense attorneys. From the outset of an investigation, and before charges are brought, prosecutors and investigators must take into account a number of considerations, including coordination with the intelligence community and potential conflicts that may arise between law enforcement and intelligence gathering. After a case is charged, such cases frequently present other challenges, such as complying with discovery obligations while protecting classified information and obtaining testimony from foreign witnesses who may be beyond the reach of the U.S. government. This course will provide an in-depth examination of the unique issues that lawyers face in national security prosecutions and the substantive and procedural tools used to navigate those issues.  We will also examine the advantages and limitations of civilian prosecutions and consider the effectiveness of current procedures and criminal statutes in addressing modern national security threats.  An emphasis will be placed on case-specific examples and hypotheticals, drawing in part on the instructor’s experience and pending public cases.  The course will culminate in a simulation in which students are presented with a rapidly unfolding national security incident in which they are asked to address various hypotheticals at different stages of the case.

Students will be expected to complete a final paper of 10-15 pages in length on a topic approved by the instructor.  Students who wish to use the paper to satisfy the JD ULWR should enroll in a 1 credit Independent Study with Professor Stansbury and will be expected to write a final paper of 25-30 pages in length.  The Independent Study will be graded on a credit/no-credit basis.

Spring 2021

Course Number Course Credits Evaluation Method Instructor Meeting Day/Times Room
Course Credits
Reflective Writing
Research and/or analytical paper(s), 10-15 pages
Class participation
Shane Stansbury Th 8:55 AM-10:45 AM
Sakai site: https://sakai.duke.edu/portal/site/LAW.588.01.Sp21
Email list: LAW.588.01.Sp21@sakai.duke.edu
Degree Requirements
Course Requirements - JD
Course Requirements - LLM-ICL
Course Requirements - Public Interest
Course Areas of Practice
Course Areas of Practice