Curriculum Guide · Courses
National Security Law & the Private Sector
Professor Mark Plotkin
LL.M Seminar 967 (cross-listed) | 1 credit hours
This seminar will examine how the U.S. government regulates and addresses national security in a global economy in which data and money flows freely and sensitive assets in the United States and abroad are owned or controlled by commercial actors. The concept of “national security” in U.S. legal doctrine and regimes is hardly new, but the impact of national security law on the private sector has expanded dynamically since September 11, 2001. The course will trace this history of national security law as it relates to the private sector and the principles for the application of national security to private actors. The focus of the seminar then will be on how these principles apply in two practice areas: (i) national security reviews of foreign investment conducted by the Committee on Foreign Investment in the United States; and (ii) anti-money laundering regulations administered by the Financial Crimes Enforcement Network of the Department of Treasury. The course will use functional examples (i.e., real world cases) to explore fundamental policy questions -- e.g., what is the proper balance between security and openness in a commercial world -- as well as to evaluate the legal and practical considerations of private and commercial actors, which may have fiduciary duties to shareholders and important reputational considerations, when confronted with national security issues.
This course will meet on the following days during the Spring 2016 semester: 1/21, 1/28, 2/4, 2/11, 2/25, 3/3, and 3/17. Withdrawals are permitted up until the last class for this specific course. The take-home exam in this course may be administered mid-semester and the specific exam date will be provided by the professor after the add/drop period.