Robert A. Helman : Courses and Seminars
National Security Issues, Public Policy and the Rule of Law, and the Fostering of Students' Skills in Analysis and Presentation
LAWS 70703
My purpose in offering this seminar is to further the students' understanding of the application of Constitutional, treaty and statutory provisions to current national security issues, and, of equal importance (particularly in this period of a tighter job market for law school graduates), to help students improve their skills in analysis, research and presentation - skills necessary to succeed in any aspect of the legal profession. This is not a survey class; topics covered will be selected from among: the process required by the Constitution and applicable treaties and statutes for determining the status, treatment, and ultimate disposition of detainees being held within and outside the U.S., particularly at Guantanamo Bay, and in Afghanistan; indefinite incarceration without trial; the state secrets doctrine; claims against present or former government employees; the scope of the President's power under Article II of the Constitution and applicable statutes to act unilaterally in the 'war on terror', and the proper role of courts and lawyers in connection therewith; the absolute and relative capacity of Federal District Courts and Military Commissions to act lawfully and effectively in criminal cases involving alleged terrorists; torture and harsh interrogation techniques; electronic surveillance; implications for the rule of law of an asymmetrical, open-ended 'war on terror'; assassination; and rendition.
Students will form teams of 2-4 persons; each team will select, or be assigned to, a topic or realistic fact setting or case to analyze, research, write about, and present to the class, which will be expected to respond and participate on an informed basis. Each team will submit a paper after its class presentation, elaborating on the presentation, with citations to, and analysis of, the relevant authorities.
Prerequisite: Constitutional Law, or its equivalent.
Grades will be based upon the oral presentation, the paper, classroom participation, and team work.
All topics will be adjusted, as appropriate, to take account of current events.
Spring 2012
Robert A. Helman
