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Course Details

Investigating & Prosecuting National Security (Williams/Zebertavage)

Fall 2021   LAW 594-001  

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Additional Information
Experiential Course

Yes

Skills Training
Drafting Legal Documents
Other Professional Skills: Strategic legal thinking

Grading
20% Participation,
80% Other (Assignment 1, 20%; Assignment 2, 20%; Assignment 3, 40%)

Satisfies Senior Writing Requirement

No

Location

Class meets in person.

Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.

I offer the following to students who miss class due to illness:

- Class sessions are regularly recorded. If you are absent due to illness or some other unavoidable circumstance, email me and I can send you an email with instructions for accessing the recording for the class session(s) you missed.

- I will make PowerPoint slides or other class materials routinely available on the course site to everyone in the class.

Meeting Times/Location
T 6:40PM - 8:30PM
Silverman Hall 280

Category
Upper-Level

Credits
2.0

Investigating and Prosecuting National Security Matters This co-taught course will introduce students to the unique challenges associated with national security investigations and prosecutions. Students will work through a proactive national security investigation and a reactive post-incident investigation. Students will learn about a variety of investigatory tools available in national security investigations and will discuss the impact classified information has on a criminal prosecution, including how to protect classified information under the Classified Information Procedures Act. The class will discuss various criminal charges applicable to national security offenses and will review the Electronic Communications Privacy Act, the Right to Financial Privacy Act, and the Foreign Intelligence Surveillance Act (FISA), as well as relevant case law. The course will culminate in each student drafting a prosecution memorandum in which the student will advocate for a proposed prosecution, including appropriate charges, the recommended handling of classified evidence, and anticipated evidentiary challenges. It will be helpful to have taken (or be taking) Constitutional Criminal Procedure, but this is not a prerequisite. Enrollment is limited to JD students. Grading: 20% participation; 80% other (Assignment 1, 20%; Assignment 2, 20%; Assignment 3, 40%)

Course Concentrations

Skills Learning outcomes: Demonstrate an understanding of the individual course skill; Demonstrate the ability to receive and implement feedback; Demonstrate an understanding of how and when the individual course skill is employed in practice.

Criminal Law and Procedure Learning outcomes: Demonstrate a core understanding of criminal law and procedure; Perform legal analysis in the context of criminal law and procedure; Communicate effectively on topics related to criminal law and procedure; Demonstrate an understanding of the role criminal law and procedure play in society and their impact on other areas of law and society.