This course will address various aspects of the law governing national security. Topics will include electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act (FISA), detention and interrogation of suspects, covert action, investigative tools authorized under the USA PATRIOT Act, and related topics. National security law is often inaccessible, and can be particularly hard to follow when divorced from the context of historical tradition, governmental structures, and the operational reality in which it functions. The course will aim to present national security law in context, exposing students as much as possible to the real-world effects of applicable legal standards and rules. Participation in an investigative exercise and a final exam are required.
The class is not open to 1Ls.