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National Security Law (5461)
Spring 2010

Exam Blog

Exam Materials

Old exams - these are administrative guidence, not precedent

Review Question Chapters 1-3

Review Question Chapters 4-7

Review Question Chapters 8-10

Review Question Chapters 11-14

Review Question Chapters 15-26

Review Question Chapter 27

Case List - shortened from last term.:-)

Course Information

Required Text (You can buy this online if they are not available.)

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.)

Resources

Constitutional Powers

Congressional Powers

Declaring war

Raise and support armies

The navy

Regulation of the military

Calling up the militia

Governing state militias

Presidential Powers

Commander in Chief

Ambiguous Powers

Habeas corpus

National Security Law Cases and Materials

Bioterrorism Resources

Secrecy News Blog (free subscription) - an excellent source of information about national security issues.

Assignments

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.

12 Jan 2009

Pages 1-26, and the constitutional provisions on pages 1113-1119. We will return to these constitutional provisions throughout the course. Slides

14 Jan 2009

Surveillance drones on the US border

Read chapter 3. Slides

Korean Maps

EXECUTIVE ORDER 10340 - Steel seizure

The Office of Homeland Security & the Homeland Security Council - example of an executive order

19 Jan

Finish discussion of Chapter 3, read chapter 4. We will pick up with the slides from Chapter 3, at Justice Jackson's opinion. We will start Chapter 4, but will stop at In re Nagle.Slides

21 Jan

Finish Chapter 4. Slides.

Chpater 5 to 112. Slides

Hot Topics - DOJ OIG, “A Review of the Federal Bureau of Investigation's Use of Exigent Letters and Other Informal Requests for Telephone Records, January 2010”

Breaking News - The Supreme Court has ruled that corporations may spend freely to support or oppose candidates for president and Congress, easing decades-old limits on their participation in federal campaigns.

By a 5-4 vote, the court overturned a 20-year-old ruling that said corporations can be prohibited from using money from their general treasuries to pay for campaign ads. The decision, which almost certainly will also allow labor unions to participate more freely in campaigns, threatens similar limits imposed by 24 states. The justices also struck down part of the landmark McCain-Feingold campaign finance bill that barred union- and corporate-paid issue ads in the closing days of election campaigns.

26 Jan

Wittes, Benjamin, Chesney, Robert and Benhalim, Rabea, The Emerging Law of Detention: The Guantanamo Cases as Lawmaking (January 22, 2010). A Report Published by the Brookings Institution (Governance Studies). - just released, not for class, at least not yet.

Finish Chapter 5 Slides

Good show on NSA electronic surveillance: http://www.pbs.org/wgbh/nova/spyfactory/program.html

28 Jan

Finish Chapter 5. Read Chapter 6 - Slides This is not a long chapter, but it is dense, so we will probably not get through all of it.

Look at the Kent State Chronology as background for the Kent State case in the readings. Four Dead in Ohio. This is the the most recent use of military deadly force against protesters in the US.

2 Feb

Chapter 7 to p. 170 - Slides

4 Feb

Finish Chapter 7. Slides

AG Holder's Letter to Senator McConnell et al concerning the decision to interrogate and try Abdulmutallab in the criminal justice system (Feb. 3, 2010)

Nuremberg Code

Nuremberg Trials

OLC Torture Memos

Holocaust Museum

Holocaust Memorial

9 Feb

Playing politics with national security

There were good points raised last class about the representation of detainees and the problems raised by not treating them as illegal combatants. Think about the lawyer's role in representing a criminal client and how that conflicts with the state's need to interrogate illegal combatants. Can this be resolved?

Finish the discussion of Chapter 7. Read Sosa v. Alvarez-Machain carefully, it is an important case that reviews many of the key issues in the chapter.

Alien Tort Claim Act (and Torture Victim Protection Act of 1991)

50 USC 1541 Notes

Chapter 8, to page 219

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

11 Feb

Finish Chapter 8 - slides

The Trial: Eric Holder and the battle over Khalid Sheikh Mohammed:

http://www.newyorker.com/reporting/2010/02/15/100215fa_fact_mayer#ixzz0f9vWzACq

Duck and Cover! MPEG4

18 Feb

Since we have a week off, we are going to read a little more. Chapters 9 + 10. Slides 9 / Slides 10

Conflicts between troop safety and protecting civilians in Afghanistan

23 Feb

Chapters 11, (Slides) 12, (slides) & 13 (slides). These are related and we will go through them fairly quickly.

New York Terror Suspect Admits Guilt and Cooperates - another example of a successful law enforcement investigation.

25 Feb

Chapter 14 - slides, subject revision. This is where we move from the etherial to the down and dirty, from international human rights law to the NSA peeping in your bedroom window.

2 March

A Perfectly Framed Assassination - read for class.

Chapter 15 to 404 - there are materials in the supplement as well for this. The major addition is the new Executive Order No. 12,333. Skim this, but do worry about studying it in detail. Slides

4 March

Finish Chapter 5 Slides

Is Obama Tough Enough?

9 March

Chapter 16 - slides / Chapter 17 - slides

Monday the 8: “Trying Terrorism” (4 PM / ROOM 106)

The Law Center is privileged to host Denny LeBoeuf, Director of the ACLU’s John Adams Project today for an event discussing the appropriateness of civilian trials for individuals charged with acts of terrorism.  The John Adams Project is spearheading the representation of “high-value” detainees held at Guantanamo Bay including Khalid Sheikh Mohammed, the alleged planner of the September 11 attacks against the United States.  

Experts Urge Keeping Civilian and Military Options in Terror Trials

9 March

Air America from the CIA's Perspective

Chapter 18, through p. 483 (slides)

Understanding Administrative Searches: Camara V. Municipal Court City And County, 387 U.S. 523 (1967) Slides

National Security Archives - The Family Jewels

Local craziness

I got the shotgun, you got the briefcase

Interested in knowing more about administrative searches for dangerous people?

16 March

New York v. Burger, 482 U.S. 691 (1987) Slides

Chapter 18 to 495. Slides

18 March

Finish Chapter 18 - Slides

Chapter 19 to 532 - Slides

23 March

Finish Chapter 19 -Slides

IMPORTANT - we are now getting into the areas where there is new law. The first 18 chapters deal with traditional issues which have not really changed much. As we get into electronic surveillance and counter terrorism, there has been an explosion of cases in the last 5 years. That means there is important material in the supplement that you must read. When you finish chapter 19 there are two important cases in the supplement to read. There is also the text of the 2008 amendments to FISA, which we will skim. You need to be checking the supplement with each reading to see if there is supplement material.

25 March

Chapter 20 and Warshak from the supplement. Slides We will read Doe V next class. We will do our discussion about the packet-switched world as part of the class, and integrate the discussion of the materials into that discussion. Study the slides and the questions they pose. Also be prepared to talk about how you use technology and your expectations of privacy.

29 March

DOJ National Security Division statistical report on terrorism-related convictions, 9/11/01 – 3/18/10 - Letter explaining the report - The Justice Department, responded to a congressional request for data on terrorism-related prosecutions and convictions, recently provided the most-recent iteration of an internal National Security Division report containing such statistics.

Finish Chapter 20 - Doe V from supplement. Slides NSL from page 560

Chapter 21 and MacWade and Tabbaa from the supplement. (McWade from the supplement replaces McWade in the book) - Slides

1 April

Finish Chapter 21 and supplement materials- slides Your papers please.

New Chapter 22 from the supplement (replaces the chapter in the book) - Slides

Breaking News: Al-Haramain Islamic Foundation v. Obama (N.D. Cal. Mar. 31, 2010) - Judge Walker today granted summary judgment to the plaintiffs in this much-discussed civil suit arising out of alleged NSA warrantless surveillance. We will discuss this in a later class. It finds that FISA preempts the state secrets privilege.

Google shut down by China - Cyberwar?

6 April

Chapter 23: In re Terrorist Bombings from the supplement replaces United States v. Bin Laden in the book. Slides

Shooting news reporters

Hutaree Militia

"Which is worse for Michigan's battered reputation: The allegation that a group of religious fanatics headquartered here planned to incite an anti-government uprising by killing police officers? Or the revelation that, in parts of our glorious state, having some buddies over for live military exercises in your backyard apparently elicits no more raised eyebrows than a Rotary Club meeting?"

8 April

Chapter 24, and Iqbal I & II from the supplement. Slides

13 April

La. Guardsman on trial in Bandidos investigation

SHADOWS IN THE CLOUD: Investigating Cyber Espionage 2.0 - general reading

Al-Kidd v. Ashcroft, 580 F.3d 949 (CIR9 2009) - Slides - a different take from Iqbal on the AG's culpability.

Chapter 25, Eisentrager and Boumediene from the supplement. - Slides

15 April

Boumediene remand from the supplement. Slides

Chapter 26 to p. 743. (The rest is now superceded.) Slides

What does an actual Guantanamo habeas corpus case look like? - Al-Bihani v. Obama.

20 April

Chapter 27 - Slides, plus Arar v. Ashcroft - This replaces the case in the book. Slides

The Office of Legal Counsel Memos

22 April

Finish Arar.

Money! Travel! National Security Law writing competition


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