Syllabus Law 384: National Security Law. Antonin Scalia Law School Fall Profs. Darren M. Dick & Arthur Rizer
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1 Brief Course Description: Syllabus Law 384: National Security Law Antonin Scalia Law School Fall 2018 Profs. Darren M. Dick & Arthur Rizer This lecture course will explore the distribution of national security powers amongst the three coordinate branches of government and engage students in understanding the laws and policies that govern the legality of war, military operations in wartime, intelligence collection, protection of national security information, foreign intelligence surveillance, covert action, special military operations, offensive counterterrorism operations, the detention, interrogation, and prosecution of terrorism suspects, including military commissions, the domestic use of the military, homeland security, cybersecurity, and other current issues in the national security area. The class will also include discussion of materials recently declassified relating to foreign intelligence collection and offensive counterterrorism operations, as well as materials previously declassified, and will examine the legal analysis supporting these specific efforts and the policy questions raised by them. Class Format: Lecture class of up to 50 students; three credits; two classes per week, each an hour and fifteen minutes. Active participation in class discussions is required and students are expected to be fully prepared for each class session. Grading: Grades will be based on an in-class final exam and class participation consistent with the law school grading policy. We will also be taking class attendance, consistent with the law school policy. Class Details: Tuesdays and Thursdays: 8:00 pm 9:15 pm. Exam Details: To be confirmed. Office Hours: By appointment only. 1
2 Faculty Contact Information: Prof. Dick Prof. Dick Phone: Prof. Rizer TBD Prof. Rizer Phone: TBD Course Materials: The core text for this class will be: 1. Dycus, Berney, Banks, Raven-Hansen National Security Law, 6th Edition, Wolters Kluwer Law & Business, ISBN: ( Dycus ) Additional course materials will be posted on TWEN. Please be sure to check TWEN regularly at least once a week for syllabus and course material updates. Course Assignments: Class 1 Introduction to National Security Law Worldwide Threat Assessment, Office of the Director of National Intelligence Unclassified-SSCI.pdf (TWEN) 2. Dycus pp. 1-10, (beginning on p. 13 with Locke recognized and including Notes and Questions), (portions of U.S. Constitution) Class 2 Introduction to Separation of National Security Powers 1. Dycus pp Class 3 National Security Powers of the President 1. Dycus pp , 62-67, 73-85, 87-92, (summary box only) Class 4 National Security Powers of Congress 1. Dycus pp , , (summary box only) Class 5 National Security Powers of the Courts 1. Dycus pp ,
3 Class 6 International Law and Treaties 1. Dycus pp , Class 7 Legality of War (Jus ad Bellum) 1. Dycus pp Class 8 Law of War (Jus in Bello) 1. Dycus pp , , , (summary box only) Class 9 Entering Into War I: Collective and Individual Self-Defense, Preemption, and Rescue 1. Dycus pp (note: this is a long assignment; but the text is fairly straightforward and should be a quick read, so please do read through the whole thing) Class 10 Entering Into War II: Peacekeeping and Humanitarian Interventions 1. Dycus pp Class 11 The War Powers Resolution: Legislative and Executive Competition 1. Dycus pp , , 375 (inset box only) 387, (inset boxes only). 2. August and September 2014 War Powers Reports of the President (TWEN) 3. Sept. 10, 2014 Presidential Speech on Iraq and Syria (TWEN) 4. June 2016 War Powers Report of the President, pp. 3-4 (TWEN) Class 12 Case Study: Vietnam War 1. Dycus pp , including Notes & Questions. Class 13 Introduction to Intelligence Collection and Operations 1. Dycus pp , , (summary box only), , , , 2. Dycus pp (skim), (skim) 3
4 Class 14 Covert Action and Sensitive Military Operations 1. Dycus pp , , (note: this is a long assignment; but the text is fairly straightforward and should be a quick read, so please do read the full assignment) 2. Dycus pp (skim) Class 15 Targeting Terrorists 1. Dycus pp Class 16 Interrogation of Terrorism Suspects 1. Dycus pp , , , (summary box only) Class 17 U.S. Person Detention and Habeas in National Security Cases 1. Dycus pp , , , , , 855 (summary box only), , (summary box only) Class 18 Non-U.S. Person Detention and Habeas in National Security Cases 1. Dycus , , (summary box only), , 954 (summary box only), Class 19 Federal Prosecution of National Security Cases I 1. Dycus pp , , 1094 (summary box only), , , 1122 (summary box only) Class 20 Federal Prosecution of National Security Cases II 1. Dycus , , , 1159 (summary box only) Class 21 Military Commissions 1. Dycus , , , (summary box only) 4
5 Class 22 Domestic Use of the Military 1. Dycus pp , , OLC Memorandum on the Authority for Use of Military Force to Combat Terrorist Activities within the United States (Oct. 23, 2001) pp (TWEN) 3. OLC Memorandum re: Oct. 23, 2001 OLC Opinion on Domestic Use of Military Force (Oct. 6, 2008) pp. 1-2 (TWEN) Class 23 Access to Classified Information and National Security Leak 1. Dycus pp , , , , 1382 (summary box only), , Class 24 Introduction to National Security Surveillance and FISA 1. Dycus pp , , , , , (summary box only) 2. FISA Applications file:///c:/users/bfkintern/downloads/fisa%20applications.pdf (skim) (TWEN) Class 25 The STELLAR WIND PROGRAM Bulk Metadata and Content Collection for Counterterrorism Surveillance 1. Dycus pp , , , 705 (summary box only), , (summary box only) 3. FISA Amendments Reauthorization Act of 2017, Pub. L (TWEN) Class 26 Cyber Threats and Cyber Operations 1. Prepared Statement of Jamil N. Jaffer on Foreign Cyber Threats: Small Business, Big Target (July 6, 2016), pp (TWEN) 2. Dycus pp Prepared Statement of Gen (Ret.) Keith B. Alexander on Digital Acts of War: Evolving the Cybersecurity Conversation (July 13, 2016) Digital-Acts-of-War-7-13.pdf (TWEN) Class 27 TBD 5
6 1. Readings TBD Class 28 Review Session 1. Prior Sample Exam Questions to Be Provided (TWEN) 6
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