Curriculum Guide · Courses

Professor John Bates

J.D. Course 1094 | 2 credit hours

This course will address the evolving law governing surveillance in the national security arena. The focus will be on electronic surveillance in the foreign intelligence and counter-terrorism fields with special emphasis on the Foreign Intelligence Surveillance Act (FISA). Topics will include background examination of the national security structure, the Fourth Amendment and domestic surveillance, and the intelligence community, and in-depth examination of the origins of national security surveillance and its operation through FISA and other intelligence collection programs since September 11, 2001. The use of national security surveillance in court and constitutional challenges to various aspects of national security surveillance will also be explored. The course is designed for both the J.D. and national security LL.M. curricula. It is a two-credit course meeting once a week for two hours. There is no casebook. Readings will include relevant statutory materials, executive orders and other directives, and significant judicial decisions. Grading for the course will be based primarily on an open-book final examination, with some adjustment for class participation.

Recommended: Although there are no formal course prerequisites, it is recommended that students have completed Constitutional Law I; a survey national security course might be helpful but is not essential.

Students may not receive credit for this course and National Security Investigations and Litigation.