SMNR: Emerging Issues in National Security Law

Class Unique: 29225
This seminar provides a comprehensive introduction of developing issues in national and international law relating to insuring the national security. It is a study of the separation of powers in national security matters; presidential war powers; congressional and presidential emergency powers; the domestic effect of international law; the use of military force in international relations; investigating terrorism and other national security threats; prosecuting terrorists; access to national security information in the federal courts; and restraints on disclosing and publishing national security information. This course, for second and third year students, builds upon a strong foundation of constitutional law and goes much farther in its treatment of the fundamental tension that exists in our foreign and domestic affairs by virtue of the constitutional separation of powers between the respective branches of government. This seminar should appeal to any student who either has an interest in national security matters, including military law, or to one who is considering possible employment with the federal government in any capacity. Assessment by: class preparation and participation (30%); the required written work is in the form of a well-crafted Circuit Court opinion or legal note of interest at least 30 double-spaced pages in length (40%); and, evaluation of small group hypothetical (30%).
  • Week 1 Introduction and Overview: Historical and Legal
  • Week 2 Policy and Implementation: Congress, the President, and U.S. Agencies
  • Week 3 Presidential war powers
  • Week 4 Congressional national security powers
  • Week 5 The role of the Judiciary in national security matters
  • Week 6 National Security Act, FISA, and the Joint Inquiry into the Attacks of 9/11
  • Week 7 National Defense and the Persian Gulf Wars
  • Week 8 Homeland Security and Law Enforcement
  • Week 9 The National Intelligence community
  • Week 10 Prosecuting terrorists
  • Weeks 11-15 In-class hypothetical: immigration law and national security

Class Details

Meeting Days Time Location
Friday 10:30 am - 12:20 pm TNH 3.115
Evaluation Method Date Time Alpha Range Room

Additional Information

Course Type


Lashus, Kevin R Lashus, Kevin R