Curriculum Guide · Courses

Professor Donohue

J.D. Course 849 | 3 credit hours

Increasing concern about terrorist threats, the proliferation of biological weapons and nuclear material, and pandemic disease have transformed the law in the United States. This course focuses on the changes that have been made in the rules governing national security investigations, consequence management, and prosecution. Topics include electronic surveillance, physical search, the production of business records, pen registers/trap and trace orders, national security letters, disease monitoring, quarantine authorities, and the handling of state secrets and classified information at trial. It places each of these areas in their historical context to consider how power is distributed between the branches, who decides when to act, how oversight is conducted, and state versus federal authority. Of particular importance throughout is the role played by emerging technologies. Participation in a tabletop simulation and a final exam are required.

Students may not receive credit for this course and the J.D. course, National Security Crisis Law or the LL.M. course, National Security Investigations and Litigation.