Study

This fall-only survey course is designed to provide students (particularly those with no background in the topic) with an overview of the American legal architecture related to the U.S. security enterprise. The class will also examine related issues that arise "in the news." It is aimed not only at students considering a career in government or the military but also for those headed to private practice, including those who appreciate that the U.S.’s $849 billion ($2 trillion in defense outlays worldwide) impacts virtually all potential clients.

The course includes analyzing the constitutional structure governing national security matters and the role played by the three branches of government (with special emphasis on Presidential power). It will also examine domestic authority for the use of force overseas, governmental surveillance, the investigation and prosecution of national security cases, as well as First Amendment issues and environmental matters related to national security. In addition, homeland security issues (to include the domestic use of the armed forces), security-based travel restrictions, public health emergencies, civil-military relations, and the impact of national security issues on business transactions will be reviewed. The textbook for this course will be Dycus, et al., National Security Law (8th ed., 2024). Other materials may be provided as necessary. The instructor will offer practical, real-world perspectives on the issues discussed based on their extensive careers in government.

There is one assigned time block for the course, but the structure of classes may vary, and students may be divided into sections, discussion groups, and panels.

The course is expected to include guest speakers. There may be occasional asynchronous content, including short lectures, podcasts, and some documentary footage. Students will have advance notice of all required participation elements.

Given this is a course in national security, class instruction will likely include written, oral, and visual depictions of physical force and violence—and occasionally extreme representations of the same.

There is no examination for this course, but a 30-page research paper (constituting 60% of the grade) is required on a topic chosen by the student and approved by the instructors. The course paper may fulfill the Substantial Research and Writing Project with instructor approval, provided all SRWP requirements are met. The remainder of the grade (40%) is based on the quality and frequency of class participation (which may include short papers and/or brief oral presentations).

Enrollment Pre-/Co- Requisite Information

LAW 120 CONSTITUTIONAL LAW is highly recommended, but not required, as a prerequisite for one-year LLM students.

Fall 2024

Course Number	Course Credits	Evaluation Method	Instructor
582.01	Course Credits 3	Research paper, 25+ pages Oral presentation Class participation	Charles J. Dunlap, Jr.
Canvas site: https://canvas.duke.edu/courses/41610