National Security Law (Finkelstein)
Faculty
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| Claire Finkelstein Algernon Biddle Professor of Law and Professor of Philosophy; Director, Center for Ethics and the Rule of Law cfinkels@law.upenn.edu |
Additional Information
Skills Training
Oral Presentations
Team Projects
Grading
10% Participation,
70% Exam,
20% Other (I base 20% of the grade on participation in the group activity of preparing the briefing at the Pentagon. This is a collaborative and highly rewarding experience.)
Exam
Essay,
Take Home,
Open-Book (The exam is an open book, take home exam. Chat GPT may not be used.)
With Permission of Instructor
Senior writing is available to 2L and 3L students with permission of instructor.
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
TR 3:00PM - 4:20PM
Tanenbaum Hall 345
Category
First-Year
Credits
3.0
Course Description – National Security Law Professor Claire Finkelstein, Spring Semester 2023
This course will survey central themes in national security law, with a focus on the perceived tension between rule of law values and national security imperatives. Topics will include: the nature of presidential power to protect the homeland and the scope of the Commander-in-Chief power, the role of Congress in developing and implementing national security priorities, the role of courts in protecting individual constitutional rights, international law and the law of armed conflict, 9/11 and the legal changes that became part of U.S. law in its aftermath, the war on terror and its impact on national security practice, the development of new technologies such as autonomous weapons systems and the changing nature of the battlefield, developments in intelligence law and the impact on civil liberty and privacy, as well as recent developments relating to the militarization and weaponization of outer space.
Grading will be based on the assessments as follows: 70 % take home final exam; 30 % participation in class activities, including engagement in a visit to the Pentagon at which students present a briefing to senior military leaders. Senior writing credit - available for 2L and 3Ls students with permission of instructor.
International and Comparative Law Learning outcomes: Demonstrate a core understanding of international and comparative law, both substantively and procedurally; Perform legal analysis in the context of international and comparative law; Communicate effectively on topics related to international and comparative law; Demonstrate an understanding of the role of international and comparative law, and their interconnection with domestic law.
Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.
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.
Public Interest Learning outcomes: Demonstrate a core understanding of the varied legal aspects of public interest law; Perform legal analysis in the context of public interest law; Communicate effectively on topics related to public interest law; Demonstrate an understanding of how public interest law is connected to and affected by a wide variety of legal and regulatory structures and doctrines.
Textbooks
"National Security Law and the Constitution" by Corn, Geoffrey S. / Gurule, Jimmy / Kahn, Jeffrey / Corn, Gary |