Law 369 - Anti-Terrorism and Criminal Enforcement
This course addresses the legal aspects of the U.S. government's efforts to prevent terrorism and investigate and prosecute terrorists. It examines the crimes and special approaches (including prevention methods, bases for extended detention and rules of investigation) that are being used in those efforts that differ from commonly used processes. Problems of legality, constitutionality, application and the appropriateness of particular policy approaches are addressed. The main emphasis is on U.S. domestic law, not on the use of international adjudicative process or international agencies. The course plays off of the tension between a criminal or law enforcement approach, on the one hand, and a wartime, military basis, on the other. It also examines the extent to which change in the national administration has led to changes in policy and approach. The goal of the course is to examine how much and to what extent the steps taken by the government in these efforts are warranted and how much they may take away elements of our traditional civil liberties. Up-to-date casebook materials are used in the course.