Fall 2014
    Law No.: LAW9067
    Sched. No.: 114820929

Anti-Terrorism, Law and the Role of Intelligence*
Section 1
Hitz, Frederick P.

Administrative Information:
During SIS enrollment, check on SIS for real-time enrollment numbers
Days, Times (Room):W, 1600-1800 (WB116)
Capacity:16 **This information is current as of 05/22/2015 06:14:34 AM**
Current Enrollment:11 **This information is current as of 05/22/2015 06:14:34 AM**
Syllabus: View Syllabus (requires LawWeb account)

Course Description:

This seminar will open with accepted legal definitions of terrorism; proceed with Richard Clarke, “Against All Enemies,” and Steve Coll, “Ghost Wars,” to define the threat of religion-based, non-state terrorism; read Phil Heymann’s studies on the appropriate legal and constitutional responses to terrorism; study the USA Patriot Act for the congressional response; Hamdi, Padilla, Rasul, and Hamdan for the courts’ responses to the president’s military order and the notion of “unlawful combatants”; read the 9/11 Commission Report and the report of the Senate Select Committee on Intelligence on Iraqi WMD reporting; and study the Silberman/Robb report on intelligence analysis. The seminar will venture some judgments on the proper balance between anti-terrorism measures and the constraints of a constitutional democracy on such issues as coercive interrogations, pre-emptive incarcerations, and intrusive surveillance. We shall read the OLC torture memos. Finally, the seminar will also consider the legality and propriety of targeted assassinations of terrorists by the U.S. Intelligence Community, using the Predator drone and whether the US should set forth its aims and conditions for such use.

ATTENDANCE REQUIREMENT: Enrolled students who do not attend the first class session will be dropped. Students seeking to enroll in this course must attend the first class session.
COURSE REQUIREMENT: A substantial research pap

This course is on the approved upper-level writing requirement course list.