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National Security Law (5461)
Fall 2012

New Exam Materials!! - First 9 study questions. Final 3 study questions.

Course Information

Exam materials - 2011 Exam

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

Dycus, et al, National Security Law, 5th Edition (2011). I am checking on the supplement. I will update this as I get more information. The text is available used, but make sure it is the 5th edition. It has been massively rewritten since the 4th edition.

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.

Interesting Links

http://www.npr.org/2012/05/09/152296621/cyber-briefings-scare-the-bejeezus-out-of-ceos?sc=17&f=1001

The Twitter ruling, standing for the defendant, and Twitter's motion to quash.

http://www.propublica.org/article/how-many-millions-of-cellphone-are-police-watching

http://www.propublica.org/article/classified-in-gitmo-trials-detainees-every-word

http://www.saltlaw.org/blog/2012/07/19/targeted-killings-urgent-autopsy-egypts-spymaster-omar-suleiman-bring-light-on-al-aulaquis-and-khan/

Rand Paul on drones and bathing suits

Assignments

14 Aug

Review the interesting links and think about current national security issues in your life.

Chapter 1 (organization of the book)

Chapter 2 (pre-constitutional history) - We will discuss this in general terms and how the constitutional framework no longer fits political reality.

Slides

16 Aug

News

Continue our discussion from class 1.

Chapter 3 This focuses on the Steel Seizure Case, which you read in Constitutional law. We will look at the particular issue of the different formulations of the law when the president wants to act in the absence of law, and in opposition to law.

Korean War

EXECUTIVE ORDER 10340 - Steel seizure

21 Aug

News

http://lens.blogs.nytimes.com/2012/08/14/criminalizing-photography/

Chapter 4 to p. 83. Slides

23 Aug

83 through Chapter 5, page 110. (revised) - study questions Slides (4) Slides (5)

28 Aug - cancelled

30 Aug - cancelled

4 Sept

Other news

Finish material from last class.

110 through 114. (statutory emergency powers - perfect timing) Study Questions Slides

Hurricane Surge

National Emergency Powers

Discuss emergency powers to deal with hurricanes

Hurricane Isaac - 2012

Florida Governor's Executive Order triggering emergency powers.

Florida DOH implementation of the order

Florida Emergency Powers Laws doc

South East Louisiana Evacuation Guide

LA Emergency Response

Office of the Governor

Governor declares public health emergency to allow entry on private land

Governor takes control of motels and hotels

What it is all about

NFIP

 

6 Sept

Finish discussion of the nationals security and emergency issues posed by ocean rise in Louisiana.

11 Sept

Finish Chapter 5. Study Questions Slides

Chapter 6 to page 142. Study Questions Slides (revised)

El-Shifa Pharmaceutical Industries Co. v. United States is the Wag the Dog case: (Clinton Timeline)

 

13 Sept

Revised assignment. Finish Chapter 6. Discuss Libyan attack and US response alternatives. Review Questions

Coverage of Libya A little history A little more

Holder Memo on state secrets Drones as state secrets

FYI - CRS, Pilotless Drones: Background and Considerations for Congress Regarding Unmanned Aircraft Operations in the National Airspace System, September 10, 2012

18 Sept

Finish material from last class. Slides

Updates from the national security law conference on national security and international relations. This was so important that it makes sense to talk about it about before we do the chapter on international materials.

20 Sept

News

Chapter 7 to 195. Review Questions

25 Sept

Finish Chapter 7. - review questions

Read Chapter 8. review questions

27 Sept

Chapter 9. Review Questions - temp - Nuremberg - Torture?

Legal Support to the Operational Army, January 2012 - the structure of legal services in the Army.

2 Oct

News

Finish our discussion of Chapter 9 - be prepared to discuss how you might advise soldiers in the field as to what these rules mean to them.

Chapter 10 to 286 and this short piece: The CIA's explaination of its confusion in Vietnam - review questions

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

Movie about the beginning of the US involvement

Judgment at Nuremberg

4 Oct

Law firm salaries Turkey in Syria

Syria: Dozens Killed In Series Of Suicide Bombings In Aleppo: via HuffPost http://huff.to/SC7x0p - freedom fighters or terrorists?

Finish chapter 10 - review questions

The fall of Saigon

Chapter 11 - Review Questions

Watergate timeline

9 Oct

CHAPTER 14. Targeting Terrorists - questions

NYTimes: Private Army Formed to Fight Somali Pirates Leaves Troubled Legacy
http://nyti.ms/VoaQ1Z

11 Oct

CHAPTER 16. Organization and Authority of the Intelligence Community - review questions

Org chart

Example of joint task force on terrorism activity

16 Oct

Chapter 17 - Review Questions

18 Oct

Chapter 18 - Review Questions

NYTimes: Man Is Charged With Plotting to Bomb Federal Reserve Bank in Manhattan
http://nyti.ms/V7Lr8f

23 Oct

Chapter 19 - review questions

Go see Argo. A great covert action movie.

Discussion of the Cuban Missle Crisis. Worth listening to, it changed my opinion of Kennedy.

25 Oct

Remind me to talk about the exam.

Finish discussion of Chapter 19.

30 Oct

Upcoming Supreme Court arguments on the 2008 warrantless wiretap law for international calls. The argument is Monday.

We are going to do an intensive dip into administrative search theory before we return to the book. This is going to be mostly lecture, but please read the cases for your own edification. If you want to read more about this in the public health context, try this article.

Camara v. Municipal Court City and County, 387 U.S. 523 (1967)

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

Slides (subject to revision)

1 Nov

Transcript of the argument from the FISA case at the USSC on Monday.

Good example of how terrorists are usually caught

Chapter 20. - Review Questions - While we will likely not get to most of it, it will be very useful to have it in your mind when we talk about how administrative searches set up FISA.

Read to B. The FISA Amendments Act and the Future of Programmatic Surveillance, p.619

Questions, Chapter 21

6 Nov

Wiretap Law

Analysis of the 2008 FISA amendments - CRS, Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015

Finish Chapter 22 - Review questions

Read Chapter 23. We will only go through Doe (I) today. Review questions

8 Nov

Current Statutes

Doe was the owner of the small ISP that got the NSL. It just happened that the NYC ACLU was one his ISP clients. Or maybe that was not just conincidence, but we cannot know because he still cannot tell you want the FBI wanted. Here is the record of the lititgation, and here is his interview on On the Media. Read the interview for class.

The militarization of America

Chapter 23 questions with added notes after Doe.

Chapter 24 Review Questions

13 Nov

Chapter 25. Review Questions

Chapter 42 to page 1262 Review Questions

NYTimes: Concern Grows Over Top Military Officers’ Ethics http://nyti.ms/RQfAek

Why they investigated the emails.

15 Nov

Be sure to check the top of the page for exam info that was posted Sunday.

Remainder of the study question for Chapter 42.

Read to page 1300 review questions

20 Nov

Finish Chapter 43. review questions

 

 

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