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
Multiple Choice,
Essay,
In Class,
Partial Open Book (The exam is a partial open book exam. The first half of the exam is multiple choice. This portion of the exam is closed book. The second half is an essay exam. This portion may be taken with a (non) commercial outline, as well as the casebook.)
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
Silverman Hall 240B
Category
First-Year
Credits
3.0
Course Description – National Security Law Professor Claire Finkelstein, Spring Semester 2026
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 Commander-in-Chief authority; the role of Congress in developing and implementing national security priorities and delegating authority to the president; the role of courts in protecting individual constitutional rights during national security emergencies; international law and the law of armed conflict; the war on terror and its impact on national security and intelligence practice; the introduction of new technologies, such as autonomous weapons systems, onto the battlefield; the deployment of U.S. troops domestically and restrictions on the use of the National Guard; the implementation of the laws of war in the cyber domain; and many other topics of both historical and contemporary relevance.
Grading will be based on the assessments as follows: 70 % in-class final exam; 30 % participation in class activities, including engagement in a "briefing" at a U.S. facility or service academy, at which students present a briefing to senior military leaders. Senior writing credit is available for 2L and 3Ls students with permission of instructor.
T.A.'s for the course will be Megan Erdman and Roither Gonzales.
Office Hours: Professor Finkelstein's Office Hours will be on Thursdays from 1:30 - 2:30 and by appointment.
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.
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 |