Anti-Terrorism, Law and the Role of Intelligence

Section 1, Fall 16

Schedule Information

Enrollment: 12/16
Credits: 3

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.

Course Requirements

Exam Info:
Midterm Type (if any): None
Description: None

Final Type (if any): Due Date Only
Description: The substantial research paper will be due to be submitted to LawWeb by 4:30 pm (EST) on the last day of the Fall examination period.
Final Exam Notes:

The substantial research paper will be due to be submitted to LawWeb by 4:30 pm (EST) on the last day of the Fall examination period.


Written Work Product
Written Work Product:

Other Work

Other Course Details
Prerequisites: None Concurrencies: None
Mutually Exclusive With: None
Laptops Allowed: Yes
First Day Attendance Required: Yes
Course Notes: ATTENDANCE: 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.

Graduation Requirements

*Satisfies Writing Requirement: Yes
**Credits For Prof. Skills Requirement: No
Satisfies Professional Ethics: No

*Yes means professor requires everyone in the course to submit a substantial research paper (which is the requirement standard in Academic Policies), so no paperwork required to be submitted to SRO. No means student must timely submit paperwork to SRO if intending to use a paper in this course to satisfy the Writing Requirement.

**Yes indicates course credits count towards UVA Law’s Prof. Skills graduation requirement, not necessarily a skills requirements for any particular state bar.

General Information

Schedule No.
116819776
Law No.
LAW9067
Modified Type
Seminar
Cross Listed: No
Cross-Listed Course Mnemonic:
Public Syllabus Link: None
Evaluation Portal Via LawWeb Opens:
Evaluation Portal Via LawWeb Closes: