This course addresses the legal aspects of the U.S. government's "war" on terrorism. It examines the crimes and special approaches to criminal procedure (including bases for extended detention and special rules of investigation) that are being used in that effort that differ from much of ordinary criminal process. Problems of legality, constitutionality, application and the appropriateness of using particular policy approaches are addressed. The main emphasis is on U.S. domestic law, not on the use of international adjudicative process or international agencies. The course plays off of the tension between a criminal or law enforcement approach, on the one hand, and a wartime, military basis, on the other. The goal of the course is to examine how much and to what extent the steps taken by the government in this "war" may take away from us elements of our traditional civil liberties. A casebook containing the relevant recent cases, statutes and other materials is used in the course.
Criminal Law and Procedure;
International & Comparative Law - International Human Rights;