Michael Scudder : Courses and Seminars
Current Issues in Criminal and National Security Law
This seminar covers a series of current issues in criminal and national security law, often comparing and contrasting the two approaches, with a particular focus on challenges arising from acts of terrorism and other national security prosecutions (including a focus on substantive terrorism offenses, espionage offenses as well as the leaking of classified information), a discussion of criminal and intelligence investigative tools (comparing Title III electronic surveillance with Foreign Intelligence Surveillance Act ), application of constitutional principles to terrorism investigations and prosecutions (particularly the First, Fourth, Fifth and Sixth Amendments and the application of Miranda, Quarles and Corley decisions and certain state bar rules in that context), the President's war powers and congressional oversight (including discussions of drone strikes, law of war detention, and Presidential and Congressional authority to use military force), and in other select areas, including the Classified Information Procedures Act, and economic sanctions, and national security leaks. Each class will focus on a different topic, with advance reading assigned around each topic, and grading on the basis of two short reflection papers (3-5 pages each) and a final paper preferably written in the form of a U.S. Supreme Court opinion (20-25 pages, including a majority and dissent) on a select issue in criminal and national security law. Guest speakers will help facilitate discussion on certain topics. Pre-requisites: Criminal Law and Constitutional Law I.
Patrick Fitzgerald, Michael Scudder