Counterterrorism and the Law - Syracuse University Law 790
Law 790
Counterterrorism and the Law
Syracuse University College of Law
Visiting Assistant Professor William C. Snyder
Spring 2008
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. The course is less of a practical “how to” course than Law 779 Prosecuting Terrorists in Article III Courts and less of a policy course than Law 744 Perspectives on Terrorism. There are no prerequisites for enrollment.
Required Reading:
The primary text is Dycus, Banks & Raven-Hansen, Counterterrorism Law (Aspen 2007). More materials will be provided in class. All materials other than the primary text will be available on this course website. All required readings are essential. Many supplemental materials will be available for anyone who wants to delve into a subject more deeply. Anything projected during class will be available on the course website. Recommended supplemental books are Bruce Hoffman's Inside Terrorism (ISBN 978-0-231-12699-1) and Leonard Weinberg's A Beginner's Guide to Global Terrorism (ISBN 1-85168-358-5).
Audio Recording:
All lectures will be digitally recorded. Audio files of at least the key lectures will be posted on the course web site. In the past, I have provided CD’s of the lectures to students upon request, and I expect to continue that practice. Typically, I use WMA format, but I can convert to MP3 or M4U or several others. You are welcome to make your own recordings of class, if you prefer.
Note on Passwords:
The username and password to access protected portions of this site remains what was announced in class. The password for the anonymous Google email account has changed, however. The new password will be announced in class.
Tentative 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. The topics that would then be dropped to provide the extra time are marked with superscript numbers in the order that they will be dropped, if necessary.
All documents and linked files are available only to enrolled members of the course with a current user name and password.
Unless otherwise indicated, assigned pages are from Dycus, Banks & Raven-Hansen, Counterterrorism Law (Aspen 2007)
|
Lesson |
Topic |
Assignment (revised 2/1/08) |
|
|
Part I. Introduction |
|
|
1 – 1/15/08 |
Defining Terrorism and Counterterrorism
Supplemental readings:
Audio file of class lecture.
|
Ch. 1. |
|
2 – 1/17/08 |
Overview of the Institutions and Major Legislative Packages Involved in Counterterrorism
|
|
|
|
Part II. Attacking Terrorists Abroad |
|
|
3 – 1/22/08 |
Waging War on Terrorists (no audio file available) Supplemental reading:
|
Ch. 2. |
|
4 – 1/24/08 |
Targeted Killing
Supplemental reading:
|
Ch. 3. |
|
|
Part III. Detecting and Preventing Terrorism |
|
|
5 – 1/29/08 |
The Fourth Amendment and Counterterrorism
Audio file of lecture.
|
Ch. 4. |
|
6 – 1/31/08 |
Congress and Counterterrorism Intelligence: The Foreign Intelligence Surveillance Act (FISA)
Supplemental reading:
Audio file of lecture.
|
Ch. 5., Parts A, B & C. |
| 7 - 2/5/08 |
Continue with FISA mechanics, then
on to in re Sealed Case.
Audio file of lecture.
|
repeat Ch. 5., Parts A, B & C. |
|
8 – 2/7/08 |
Temporary FISA Provisions and the Future of Foreign Intelligence Electronic Surveillance
Audio file of lecture.
|
Ch. 5, Part D plus Handout |
|
9 – 2/12/08 |
Third-Party Records and Data Mining
Supplemental Reading:
|
Ch. 6. |
|
9 – 2/12/08 |
Screening for Security 1 |
|
|
10 – 2/14/08 |
Organizing and Coordinating Counterterrorism Investigations |
|
|
10 – 2/14/08 |
Investigating Abroad
|
Ch. 9. |
|
|
Part IV. Detaining and Interrogating Terrorist Suspects |
|
|
11 – 2/19/08 |
Civil Detention of Terrorist Suspects 3
|
Ch.
10 |
|
2/21/08 |
Class was cancelled |
|
| 12 – 2/26/08 |
Suspending the Great Writ
|
Ch. 11. |
|
13 – 2/28/08 |
Military Detention of Terrorist Suspects
|
Ch. 12. |
|
14 & 1/2 of 15 – 3/4/08 extended class |
Interrogating Terrorist Suspects
|
Ch.
13, pp. 399- |
|
|
The “Torture” Debate |
|
|
15 & 1/2 and 16 – 3/6/08 |
Extraordinary Rendition
(not recorded)
|
443-451 plus Ch. 14. |
|
|
Part V. Arresting, Prosecuting, and Removing Terrorists |
|
|
17 – 3/18/08 |
Criminalizing Treason, Terrorism, and Material Support
|
Ch. 15. |
|
18 – 3/20/08 |
Criminalizing Cyber Terrorism
|
Handout |
|
19 – 3/25/08 |
Apprehending Terrorists
|
Ch. 16. |
|
20 – 3/27/08 |
Trying Suspected Terrorists as Criminals
|
Ch. 17. |
|
21 – 4/1/08 |
Trying Suspected Terrorists as Unlawful Enemy Combatants
|
Ch. 18. |
| 22 -- 4/3/08 |
2nd class on MCA
Supplemental readings:
|
|
|
23 – 4/8/08 |
Trying Suspected Terrorists as “Special Interest” Immigrants 2
|
Ch. 19. |
|
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Part VI. Managing Terrorist Attacks |
|
|
24 – 4/10/08 |
Responding to a WMD Attack
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Ch. 20. |
|
25 – 4/15/08 |
The Military’s Domestic Role in Counterterrorism
|
Ch. 21. |
|
|
Part VII. Noncriminal Sanctions Against Terrorists and Their Sponsors |
|
|
26 – 4/17/08 |
Public Sanctions Against Terrorists and Their Sponsors
|
Ch. 22. |
|
27 – 4/24/08 |
Suing Terrorists and Their Sponsors
|
Ch. 23. |
|
28 – 4/29/08 |
Exam review
|
|
|
May 13, 2008, 9:00 a.m. |
EXAM
|
|
Department
of State Country Reports on Terrorism 2005, referenced in text at
p.5.
1, 2, 3 – These are the topics, in order, that will be dropped if necessary in order to allow more time on other topics, if the class as a group needs more time to master a particular subject.
Navigation :
Links :
- Institute For National Security & Counter-Terrorism
- Law 759 Computer Crimes
- Counterterrorism Blog
- National Security Advisor's Blog
- National Counterterrorism Center
- CIA News
- National Security Division
- Prof. Snyder's Homepage
- CNN
- West Point Counter Terrorism Center
- Prosecuting Terrorists in Article III Courts