Dycus, et al, National Security Law, 4th Edition (2006) and the supplement! (The text is available used, but make sure it is the 4th edition. The supplement is new, do not get a used version.)
Raise and support armies
Regulation of the military
Calling up the militia
Governing state militias
Commander in Chief
You should check the WWW site for assignment information and course changes every day before class.
Class participation can affect your final grade.
We may have quizzes that will count toward the final grade.
Pages 1-26, and the constitutional provisions on pages 1113-1119. We will return to these constitutional provisions throughout the course. Study Questions (These will help you parse the reading and prepare for the discussion in class. They will usually be provided at least a day before class.) Slides
Secrecy News Blog (free subscription) - an excellent source of information about national security issues.
Read Chapter 3 - slides
The Office of Homeland Security & the Homeland Security Council - example of an executive order
Read chapter 4. We will start the discussion, but we will break at 10:45 to allow you to view the inauguration. Slides
National Security Law Blog - set an RSS feed on this if you are interested in national security law beyond the class.
Finish Chapter 4. Slides
Executive Orders on National Security. Read these and chapter 5. Slides - use these to make sure you understand the key issue in the chapter. What we do not finish we will hold over until next class.
Review of Detention Policy Options, January 22, 2009.
Ensuring Lawful Interrogations, January 22, 2009. Replacing: Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency, Executive Order 13440, July 20, 2007
Review and Disposition of Individuals Detained at the Guantanamo Bay Naval Base and Closure of Detention Facilities, January 22, 2009.
Chapter 6 - Slides - given the holdover of material from Tuesday, we will only cover to Political Questions on page 144. This is a short chapter because you will learn that the courts do not have war powers and do not want to referee between Congress and the president.
Project on National Security Reform, Forging a New Shield, November 2008. A sweeping review of the current national security system and recommendations for reform. This is not assigned, but if you are interested in national security, you should look at this report.
Presidential Directives and Where to Find Them
Finish Chapter 6 - slides
Look at the Kent State Chronology as background for the Kent State case in the readings. Four Dead in Ohio
(We are going to be reading through the book for the next few weeks, so just keep reading as you have time.)
Chapter 7 - we will discuss through p. 182. Slides
Interesting essay on the Department of Homeland Security - not assigned at this point.
On Wednesday, January 28, 2009, the University of Texas School of Law and the Robert S. Strauss Center for International Security and Law hosted a panel discussion about the task of reforming the government’s approach to military detentions. See here for more details.
The event was recorded and can be viewed online: [stream] [download] 1:40 running time.
Finish Chapter 7. Slides for Chapter 7. Start reading chapter 8. Correction - Reid v. Covert involved two joined cases, one in Japan and one in England. When I said the case was in Germany, I was thinking of Madsen v. Kinsella, 343 U.S. 341 (1952), which upheld a trial by military commission for a crime committed in Germany.
Alien Tort Claim Act
50 USC 1541 Notes
If time allows, I will begin a review of the Vietnam War.
CRS - Closing the Guantanamo Detention Center: Legal Issues. January 22, 2009 - not assigned at this point.
Finish reading Chapter 8 - Slides - and read Chapter 9. Slides - War Powers Resolution - large type
Viet Nam War Resources:
Vietnam - History - Historical Atlas - War Timeline - Robert S. McNamara - Gulf of Tonkin Resolution
Indonesia - Map of Indonesia - 1950-1965 - 1965-1998
This is war week. War is legally pretty simple, even if morally and politically difficult. Read Chapters 10 - slides - and 11 - slides. Correction on Vietnam war movie - We Were Soldiers - first US battle, not Dien Bien Phu.
Read Chapters 12 (remember to look the supplement for Chapter 12) - slides - and 13 - slides.
National Security Law Internship in DC.
Think about these chapters in the context of Pakistan - what could the president do to help without specific Congressional approval? Google a map of Pakistan and you will better understand the problems.
Think about Charlie Wilson's War - how can congress, or even a powerful congressman, usurp presidential power and profoundly affect foreign policy?
Chapter 14 - slides
Global incident map - an ongoing map of global terrorism incidents and other national security information.
Presidential Study Directive-1 (pdf), issued February 23, 2009, is entitled "Organizing for Homeland Security and Counterterrorism"
The new PPD and PSD documents will succeed and replace directives known as National Security Presidential Directives (NSPDs) in the previous Administration.
Chapter 15 through page 404. Slides
Newly released OLC Opinions
Finish Chapter 15 - Slides
National Security Archives - The Family Jewels
Air America from the CIA's Perspective
Detailed timeline of larger context of events related to Iran-Contra - read through this to get a sense of how complex the situation was.
Chapter 16 - slides
If you need a refresher on Bivens, see: Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971)
Chapter 17 (slides) and Chapter 18, through p. 481 (slides).
Understanding Administrative Searches: Camara V. Municipal Court City And County, 387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. 2d 930 (1967); New York v. Burger, 482 U.S. 691 (1987)
Slides on Administrative Searches.
Breaking news - In re Guantanamo Detainee Litigation (Mar. 13, 2009)
Newly released documents - Declassified documents show U.S. Embassy knew that Guatemalan security forces were behind wave of abductions of students and labor leaders
Read to p. 510. Slides - Slides
Read to p 546, plus Mayfield on p. 31 of the supplement. - slides
Finish Chapter 19, American Civil Liberties Union v. National Security Agency in the supplement, and scan the FISA amendments in the supplement. Read Chapter 20 through p. 559, paying close attention to the Letter from William E. Moschella starting on 548, and Warshak v. United States from the supplement.
Chapter 19 - slides, part III
Chapter 20 - Slides, part I
Drugs in NY
Finish chapter 20 - slides (including Doe V)
Doe V - replaces case in the supplement. Sorry about the late posting, but I wanted permission to use this edited version which has been made available by the authors, rather than just link to the full text case.
Chapter 21 and materials from the supplement for Chapter 21. (Remember, McWade from the supplement replaces McWade in the book) - Slides
Another view of Guantanamo
New Chapter 22 (replaces chapter in the book) - slides
Chapter 23 to 650. - Slides
The Attorney General's Guidelines for Domestic FBI Operations, 1 December 2008. (not required reading)
Red Cross Report on Treatment of Detainees
Finish Chapter 23: In re Terrorist Bombings replaces United States v. Bin Laden in the book. - slides
Chapter 24, do not forget Iqbal v. Hasty from the supplement. - Slides
Interested in military law? - Student military law writing competition.
Chapter 25, cases from supplement for Chapter 25. Slides
Boumediene on remand. Slides
Chapter 26 to 742, and Eisentrager from the supplement. Slides
The real torture memos - see the last 4, the "how to do it" memos. Also look at: Military Interrogation of Alien Unlawful Combatants Held Outside the United States - 2003 memo (the torture memo) Skim these memos and be prepared to talk about them in class, as well as what you think the proper role of the attorney is in these situations.
Finish Chapter 26, Al-Marri v. Pucciarelli from the supplement. - slides
More torture news!
We are skipping Chapter 27. we have covered the key info last class.
Read this for your own education - Senate Armed Services Committee Inquiry into the Treatment of Detainees in U.S. Custody (Executive Summary), Dec. 11, 2008.
We will have a general discussion of national security law and the exam.
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