National Security Law
This course examines national security law, particularly but not exclusively as asserted and developed in U.S. federal courts. It is not a course about policy; it is a course about the law, including: separation of powers issues, the statuory and regulatory framework for U.S. national security and conterterrorism decisions, litigation challenges to national security programs, and civilian and military prosecutions. We will study the role of Article III courts and will seek to understand how national security law has developed. We will review litigation challenges to the government's security policies and programs, limits on the court's jurisdiction, and the defenses that are available to the government. We will also study investigative and prosecutorial methods in the national security context. We will discuss whether (and if so, how) recent national security case law should be applied to other current and future national security problems. Students will learn litigation skills in the context of national security law. Conversations throughout the semester will focus on litigation strategy, and course assignments will encourage the honing of litigation skills including case analysis, research, and writing. In some ways this course resembles a curriculum of advanced civil and criminal procedure. But it is more than that. We will aim to better understand the relationship between security, liberty, justice, and the law. The course will be participatory, meaning that students are expected to contribute to class discussion each week.