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Old exams - these are administrative guidence, not precedent
Review Question Chapters 11-14
Review Question Chapters 15-26
Case List - shortened from last term.:-)
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.)
Congressional Powers
Presidential Powers
Ambiguous Powers
Secrecy News Blog (free subscription) - an excellent source of information about national security issues.
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. Slides
Surveillance drones on the US border
Read chapter 3. Slides
The Office of Homeland Security & the Homeland Security Council - example of an executive order
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
Finish Chapter 4. Slides.
Chpater 5 to 112. Slides
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.
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
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.
Chapter 7 to p. 170 - Slides
Finish Chapter 7. Slides
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)
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
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
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
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.
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.
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
Finish Chapter 5 Slides
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
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
I got the shotgun, you got the briefcase
Interested in knowing more about administrative searches for dangerous people?
New York v. Burger, 482 U.S. 691 (1987) Slides
Chapter 18 to 495. Slides
Finish Chapter 18 - Slides
Chapter 19 to 532 - Slides
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.
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.
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
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?
Chapter 23: In re Terrorist Bombings from the supplement replaces United States v. Bin Laden in the book. Slides
"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?"
Chapter 24, and Iqbal I & II from the supplement. Slides
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
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.
Chapter 27 - Slides, plus Arar v. Ashcroft - This replaces the case in the book. Slides
The Office of Legal Counsel Memos
Finish Arar.
Money! Travel! National Security Law writing competition
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