Law 790 Counterterrorism Law - Professor William C. Snyder

Law 790 (41309)
Counterterrorism and the Law
Syracuse University College of Law
Visiting Assistant Professor William C. Snyder
Spring 2012

Next: For Monday, 1/30/12, Lesson 4, please read Chapter 4 (PDF).

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 1/18/12	Defining Terrorism and Counterterrorism Supplemental readings: Department of State Country Reports on Terrorism 2010 (updated August 2011), referenced in text at pp.4-5). Department of State Country Reports on Terrorism 2006. The United Nations Global Counter-Terrorism Strategy, 20 September 2006, referenced in text at p.5. Debate entitled Are Terrorists Criminals Or Enemy Combatants? [video, audio and transcript available].	Ch. 1.
	Part II. Authorities and Limits in the War on Terrorists
2 1/19/12	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.	Ch. 2.
3 1/25/12	Waging War on Terrorists Supplemental reading: Audio file of Lesson 3 on 1/25/12. Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications, Congressional Research ServiceReport RL31133 (March 17, 2011 version, March 8, 2007 version).	Ch. 3. (PDF)
4 1/30/12	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.	4 (PDF)
	Part III. Detecting and Preventing Terrorism
5	Organizing for Intelligence Collection	5
6	The Fourth Amendment and Counterterrorism	6
7	Congressional Authority for Foreign Intelligence Surveillance Supplemental reading: From note 1 on page 116: Kerr article on Internet surveillance law and Solove article on electronic surveillance. The Pen Register Act.	7
8	Programmatic Electronic Surveillance for Foreign Intelligence	8
9	Third-Party Records and Data Mining Supplemental Reading: RL32880 referenced in textbook: Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments, updated April 15, 2005. RL31798 referenced textbook: Data Mining and Homeland Security: An Overview, updated January 18, 2007. RL31730 referenced in textbook: Privacy: Total Information Awareness Programs and Related Information Access, Collection, and Protection Laws, updated March 21, 2003. RL33424 referenced in textbook: Government Access to Phone Calling Activity and Related Records: Legal Authorities, updated January 25, 2007.	9
10	Screening for Security	10
11	Surveilance Abroad	11
	Part IV. Detaining Terrorist Suspects
12	Preventive Detention by Civil Authorities	12
13	The Great Writ: Habeas Corpus Before 9/11	13
14	The Great Writ: Habeas Corpus After 9/11	14
15	Military Detention Before 9/11	15
16	Military Detention After 9/11	16
	Part V. Interrogating Terrorist Suspects
17	Interrogating Terrorist Suspects	17
18	Case Study: Coercive Interrogation by U.S. Forces After 9/11	18
19	Extraordinary Rendition	19
	Part VI. Prosecuting Threats to National Security
20	Criminalizing Terrorism and Material Support	20
21	Prosecuting Accused Terrorists and Their Supporters in Criminal Courts	21
22	Trial by Military Commission Supplemental readings: Prof. Goldsmith on National Security Courts How Significant is the "Military" in the Military Commission Debate? Jurist Columnist on Military Commissions Act White House Fact Sheet on Military Commissions Act President's signing statement on Military Commissions Act Center for Constitutional Rights position on Military Commissions Act Military Commissions Act key provisions collected by WCS for another course Full text of Military Commissions Act of 2006 Full Text of Hamdan USSC decision. Judge Mukasey on the problem with criminal courts trying terrorists. USA Mary Jo White testimony on the same.	22
	Part VII. Homeland Security
23	Homeland Security	23
24	The Military’s Domestic Role	24
	Part VIII. Noncriminal Sanctions Against Terrorists and Their Sponsors
25	Public Sanctions Against Terrorists and Their Sponsors	25
26	Suing Terrorists and Their Sponsors Supplemental reading: CRS report "Suits Against Terrorist States by Victims of Terrorism, Updated May 1, 2008.	26
27	Does Cyberspace Change Counterterrorism Law and Policy?	Handout
28	Exam review
5/?/12	EXAM – in class, closed book with statutory supplement.

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