Curriculum Guide · Courses

Professors Alan Cohn and Laura Donohue

J.D. Course 1031 (cross-listed) | 5 credit hours

How do national security law and national security lawyers operate in the midst of a crisis? What legal, political, and institutional pressures are brought to bear on those tasked with making local, state, and national decisions? This course focuses on the authorities and processes that shape decisionmakers’ responses. It takes into account both conventional and non-conventional threats, such as terrorist use of biological weapons, cyber attacks, and the detonation of radiological dispersal devices, to examine the constitutional, statutory, and administrative contours of the government’s response. The course is divided into three sections: the national security inter-agency process; intelligence law (collection, analysis/dissemination, counterintelligence, covert action, and liaison); and homeland security—particularly disaster response and managing the cross-border movement of people and goods. In lieu of an examination, students will take part after the 20th lecture in a two day virtual exercise and a full day crisis simulation at the law school, in which they will have the opportunity to assume positions within the federal Executive Branch, Congress, the media, and state and local government. Enrollment is limited to 30 students.

Prerequisite: Constitutional Law I: The Federal System (or Democracy and Coercion). Prior or concurrent enrollment in either Constitutional Law II: Individual Rights and Freedom, Criminal Justice or Criminal Procedure.

Students may not receive credit for this course and Domestic Preparedness: Law, Policy and National Security or National Security Investigations and Litigation or National Security Law: Investigations and Prosecution

This course will meet three days a week. The course will meet in Fall 2013 every Monday, Wednesday, and Friday, 11:10 a.m. – 1:10 p.m. on the following dates: 9/4, 9/6, 9/9, 9/11, 9/13, 9/16, 9/18, 9/20, 9/23, 9/25, 9/27, 9/30, 10/2, 10/4, 10/7, 10/9, 10/11, 10/15 (Monday classes meet), 10/16, 10/18, 10/21, 10/23, 10/25, 10/28, 10/30, 11/1, 11/4, and 11/6. There will be an eight-hour crisis simulation exercise in this course held on Saturday, 10/26/13 from 8:00 a.m.-4:00 p.m. Attendance at the 10/26 simulation exercise is mandatory.