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Fall 2020
5325 National Security Law - BERMAN- 16400

Professor(s): Emily Berman (FACULTY)

Credits: 3

Course Areas: Constitutional and Criminal Law 
International Law

Time: 10:30a-12:00p  MW  Location: 144  BLB

Course Outline: This course is an introduction to national security law that will cover presidential and congressional national security powers under the Constitution as well as relevant statutes-such as the Foreign Intelligence Surveillance Act and the USA Patriot Act-regulations, and guidelines. Though the course is not limited to terrorism, terrorism-related issues-particularly post-9/11 counterterrorism policies-will feature heavily. Topics will include the use of military force; domestic and overseas intelligence collection; detention, interrogation, and prosecution (both civilian and military) as national security tools; and access to national security information. We will cover such themes as the allocation of power between Congress and the President on matters of foreign policy and war making, as well as the role of the judiciary in checking the political branches. Grades will be based on an open-book in-class exam.

Course Syllabus: Syllabus REVISED 08-18-2020

Course Notes: HyFlex  The instructor for this course has expressed a preference to teach in a physical classroom. The extent to which that room will be used during the semester is up to the instructor and may vary during the semester. When the classroom is used by an instructor, those class sessions will be operated in “HyFlex” mode: remote presence is available to any student via internet videoconferencing, and recordings will be available. More details should be made available from the instructor via their syllabus or via other means as the start of the semester nears.


First Day Assignments: First Day Assignments:
August 24: Introduction to National Security Powers
The Class Syllabus
Select Provisions of The U.S. Constitution - [NSL 7-10; 1419-25]
The Spectrum of the President’s National Security Powers - Handout #1: pp.26-54 (on Blackboard)

Final Exam Schedule: 12/07 9am - noon     

This course will have:

Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: No

Bar Course: No

DistanceEd ABA 306:

Pass-Fail Student Election: Unavailable (Instructor Preference)

Course Materials (4/7/2020 3:56:44 PM)

Book(s) Required

National Security Law (Dycus et al. eds, 6th ed. 2016).

ISBN: 9781454868323