National Security and U.S. Foreign Relations

6870   National Security Law (2 or 3)   Dickinson, Raven-Hansen, Altenburg, Apperson, Warren

U.S. law (and incorporated international law) affecting national security. Topics may include the use of armed force abroad (general war, defensive war and reprisal, peace and stabilization operations); intelligence operations abroad (history, organization and oversight, legal issues in the field); selected issues of counterterrorism; and access to and protection of classified information (classification, Freedom of Information Act (FOIA), state secrets privilege, leak control, prior restraints on publication). Students who have previously taken or are concurrently enrolled in Law 6875 must have the instructor’s permission to enroll in this course. (Examination)

6871   U.S. Foreign Relations Law (2 or 3)   Matheson, Murphy, Swaine

The nature and origins of the federal government’s foreign relations powers; cooperation and competition between the executive and legislative branches; the role of the courts in foreign affairs; limitations on state powers touching on foreign affairs; treaties, executive agreements, and customary international law and their relationship to U.S. domestic law; the extraterritorial application of U.S. law; and sovereign and official immunities. (Examination)

6872   National Security Law Seminar (2 or 3)   M. Smith, E. Wallach

Selected topics in national security law to be announced at the time of registration. Enrollment is limited. (Research paper)

6873   Military Justice (2 or 3)   Schenck

The military justice system as a separate criminal justice system established by Congress due to the unique nature and mission of the U.S. Armed Forces. Policies, principles, standards, and rules governing the military justice process from investigation through trial and the appellate process. Review of the commander’s role throughout the system. Detailed review of substantive military criminal law and peculiarly military offenses. Analysis of military criminal procedure as well as alternate actions available to dispose of criminal misconduct cases, including administrative separations from the Armed Forces. LL.M. students with prior military law experience may enroll only with the permission of the instructor. (Examination)

6874   Comparative Military Law (2)   Gilligan

Analysis and critique of the broad concept of a separate military justice system; similarities between rules of evidence and rules of criminal procedure in the military and civilian systems; the role of Congress in overseeing the military criminal system; application of the First, Fourth, Fifth, and Sixth Amendments to service members; and broad policy issues such as the systemic challenges to the military justice system. (Examination or research paper with permission of the instructor)

6875   Counterterrorism Law (2 or 3)   Letter

Analysis of legal mechanisms in the fields of criminal, civil, military, immigration, and administrative law used by the U.S. government to combat domestic and international terrorism. The effectiveness of government actions and alternatives for achieving public safety goals; the effect of such actions on U.S. citizens and citizens of other countries; and the reaction of federal courts and Congress to executive branch actions.  Students who have previously taken or are concurrently enrolled in Law 6870 must have the instructor’s permission to enroll in this course. (Examination or take-home examination)

6876   Homeland Security Law and Policy (2)   Robertson, M. Rosen

Legal issues related to homeland security before September 11, 2001, and the adoption of the Homeland Security Act of 2002. Protection of critical infrastructure; information sharing; liability for terrorist attacks; risk insurance; attempts to prevent the use of weapons of mass destruction; threats to electronic infrastructure; and combating the financing of terrorism. (Examination or take-home examination)

6877   Nuclear Nonproliferation Law and Policy (2 or 3)   Jonas

The use of international agreements, legislation, and regulations to deter acts of nuclear terrorism. Major international agreements, programs, and efforts to stop nuclear proliferation. (Take-home examination)

6878   Intelligence Law (2)   Richard

Identification and analysis of current legal questions that face intelligence practitioners. Constitutional, statutory, and executive authorities that govern the intelligence community; intelligence structures of other countries; the natural tension between law enforcement and intelligence activities. U.S. person protections, covert action, FISA, and data mining. The course may include application of intelligence law to hypothetical scenarios and student-generated legislative approaches to intelligence law problems. Recommended: Law 6870 or 6875. (Class presentation and research paper)

6879   Cybersecurity Law and Policy (2)   Rosenzweig

Issues relating to the organization of the Internet and the federal government’s response to cyberthreats. Legal concepts relating to the private sector and civilian government engagement in cyberspace. Application of traditional laws of armed conflict in the new cyberdomain. (Research paper or take-home examination with permission of the instructor)

6880   Disaster Law (2)   Abbott

The U.S. law applicable to natural and man-made catastrophes, including those caused by terrorist attacks and public health emergencies. Topics may include the role of federalism; pre-disaster mitigation and prevention programs; the National Response Framework; the role of the military; the tension between individual rights and government action in emergencies; disaster resistance, compensation, and insurance; long-term recovery; and international disasters. (Research paper)

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