National Security Law: Use of Force (LAW-635-001)
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Welcome! You have chosen a seminar in which we will grapple with some of the most contested issues of our time, focusing on the state’s use of force for the purposes of national security. We will begin the semester with an overview of the constitutional separation of national security powers. Laying the foundation for our subsequent discussions we will look at the various sources of national security power and the constraints upon it. National Security Law is an expansive (and ever-expanding) field. Rather than providing a superficial survey, this course will offer a more in-depth analysis of only two issues: the use of force, and the detention and interrogation power of the U.S. government. Our readings for this course are based around the latest edition of an excellent casebook. Relative to most of your other courses, you may notice that the sources of national security law are diverse, and case law accounts for only a portion. The casebook does a good job of integrating other important materials including statutes, speeches, and authorizations. But no casebook can keep up with the rapid developments that characterize this area of law, so I will also be posting additional materials on myWCL throughout the semester. In addition, I expect you to follow the news and to familiarize yourself with blogs such as Lawfare (http://www.lawfareblog.com/) and Just Security (http://justsecurity.org/) that analyze and report on policy debates of relevance to the issues dealt with in this seminar. Grades will be based on a two-hour exam, completion of postings regarding the readings (described below), and class participation. Please see the syllabus for further details.
Textbooks and Other Materials
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First Class Readings
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