Law 790 (45093)

Counterterrorism and the Law

Syracuse University College of Law
Visiting Assistant Professor William C. Snyder
Spring 2015

Next: For Monday, 2/2/15, Lesson 6.

Course Description:

This three-credit course is about the law and legal policy used to counter terrorism, not about its history, ideology, or grand strategies.  As the authors of our textbook (including our own Professor William Banks) explain, the course is designed to help you “reflect intensively on how to protect national security under the rule of law; whether civil rights and civil liberties must be traded for security, and, if so, how much; and what roles each of the three branches of government should play in making these decisions and trade-offs.”  Special attention will be paid to the dynamic quality of counterterrorism law – that is, most classes will begin with a review of developments since last we met.  Included specific topics can be found in the Assignments section, below.  There are no prerequisites for enrollment.

I am willing to adjust the syllabus to address the needs and interests of students in the course.

Required Reading:

Please see "About" page.

Assignments:

The reading assignments are not long.  Yet, the material is fairly challenging, and we may not be able to keep the pace outlined here.  Thus, these assignments are subject to change.  If the class as a group is not comfortable with its understanding of a section, we will spend extra time upon it.  We also make a point of following current developments, which are tracked on our course blog at www.nationalsecuritylaw.info.

Unless otherwise indicated, assigned pages are from Dycus, Banks & Raven-Hansen, Counterterrorism Law 2d. (Aspen 2012).

Lesson

Topic

Assignment

 

Part I. Introduction

1
1/12/15
&

2 1/14/15

Defining Terrorism and Counterterrorism
Supplemental readings:

Ch. 1.
plus Supplement

 

Part II. Authorities and Limits in the War on Terrorists

3
1/21/15

 

Terrorism and International Humanitarian Law

Supplemental:

  • McNeal, Gregory S., The U.S. Practice of Collateral Damage Estimation and Mitigation (November 9, 2011). Available at SSRN: http://ssrn.com/abstract=1819583 or doi:10.2139/ssrn.1819583 or here.
  • Audio file of Lesson #2.

Ch. 2.

4
1/26/15

Waging War on Terrorists

Supplemental material (not assigned):

Ch. 3.
(PDF)

plus Supp. pp. 38-52

Lesson 5
1/28/15

&
Lesson 6
2/2/15

Targeting Terrorists

Supplemental material:

  • Fact sheet on Predator.
  • Testimony of William C. Banks before the Subcommittee on National Security and Foreign Affairs, Committee on Oversight and Government Reform, United States House of Representatives, on "Rise of the Drones," 4/28/10.
  • Page of this site on targeted killing.
  • Audio file of old Lesson 4 on 1/30/12.
  • Audio file of old Lesson 5 on 2/6/12.

Ch. 4
plus Supp. at 57, 60, 64, 73

(PDF of Chapter)

 

Part III. Detecting and Preventing Terrorism

Lesson
7
2/4/15

 

Organizing for Intelligence Collection

Supplemental materials:

  • PowerPoint slides used in class on 2/6/13 and start of 2/11.
  • Audio file.

Chapter
5

8
2/9/15

The Fourth Amendment and Counterterrorism

Supplemental materials:

  • audio file of Lesson 7.
  • outline for class.

Ch. 6 plus Supplement

9
2/11/15

 

Congressional Authority for Foreign Intelligence Surveillance

Supplemental Material:

Ch. 7 plus Supplement

Lessons 10 & 11 on 2/16/15

Programmatic Electronic Surveillance for Foreign Intelligence 

Supplemental materials:

  • outline for class.
  • handout referred to during class.
  • audio file of Lesson 10.

Ch. 8 plus Supplement

12

&
13

Third-Party Records and Data Mining

Supplemental Material:

Ch. 9 plus Supplement

14

Screening for Security

  • Audio file of Lesson 14.

Ch. 10 plus Supplement

15

Surveilance Abroad

  • [Class on Monday, 3/18/13 is cancelled.]
  • Supplemental Material:
  • outline for class.
  • Audio file of Lesson 1*.
  • Handout on Eisentrager.

Ch. 11 plus Supplement

 
Part IV. Detaining Terrorist Suspects
16

Preventive Detention by Civil Authorities 

Supplemental materials:

  • audio file of Lesson 1*.

12

17

The Great Writ: Habeas Corpus Before 9/11

  • PowerPoint slides used in class.
  • Audio file.

13

18

The Great Writ: Habeas Corpus After 9/11

[class on 4/1/13 was cancelled]

Supplemental materials:

  • Audio file of Lesson 1*.

Ch. 14 plus Supplement

19

Military Detention Before 9/11

  • The Response was shown in class, 4/8/12
  • Audio file of Lesson 1*.

15

20

Military Detention After 9/11

Supplemental materials:

  • outline for class.
  • Audio file of Lesson 1*.

Ch. 16 plus Supplement

Part V. Interrogating Terrorist Suspects
21

Interrogating Terrorist Suspects

Supplemental materials:

  • Dedicated page of this website.
  • Skeletal outline for class.
  • Audio file of Lesson 1*.

17

2*


Case Study: Coercive Interrogation by U.S. Forces After 9/11

Supplemental materials:

Ch. 18 plus Supplement

2*


Extraordinary Rendition

Supplemental materials:

  • audio file of Lesson **.

Ch. 19 plus Supplement

 
Part VI. Prosecuting Threats to National Security


Criminalizing Terrorism and Material Support

Supplemental materials:

  • summary of extraterritorial jurisdiction.
  • audio file of Lesson 21.

Ch. 20 plus Supplement

2*

cyber

Prosecuting Accused Terrorists and Their Supporters in Criminal Courts

Supplemental materials:

  • audio file of Lesson 22.
  • handout on Sections 2339A & 2339B.
      

Ch. 21 plus Supplement

[2*]

cyber

&
[2*]


Trial by Military Commission

Supplemental materials:

 

Ch. 22 plus Supplement

online

Does Cyberspace Change Counterterrorism Law and Policy?

Handout

Tuesday, May 5, 2015

Morning EXAMINATION – in class, closed book with statutory supplement.

For review:

 

 

 

* * *

[Out-of-date syllabus from Spring 2014 can be found here.]

 

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About INSCT

The Institute for National Security and Counterterrorism (INSCT) -- a joint venture of Syracuse University's College of Law and of its Maxwell School of Citizenship and Public Affairs -- provides cutting-edge interdisciplinary research, graduate-level education, and public service on law and policy challenges related to national and international security.

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