• National Security Cases in Federal Court – 6711

    Spring 2014




  • Prerequisites

    Criminal Procedure or readings chosen by the instructor

    Grad. Requirements
    • Upper Division Legal Writing
    Subject Area
    • Civil Litigation *
    • Criminal Justice *
    • Litigation, Alternative Dispute Resolution & Advocacy
    Student Year
    Upper Division
    Course type
The objective of this two credit seminar is to use structured readings, class discussions, and student presentations to give its participants a thorough grounding in the unique investigative and legal tools that are used in the investigation and trial of a criminal national security case in federal district court. After analyzing the main statutes in the field, such as material support to a foreign terrorist organization, topics covered will include the use of the Foreign Intelligence Surveillance Act as an investigative tool; the extraterritorial application of U.S. criminal laws, and the legal structure applicable to U.S. law enforcement agents when they are working outside the United States; the challenges posed by the existence of classified information that may be relevant to a criminal case and whether the Classified Information Procedures Act adequately remedies those challenges; the choice between military commissions and federal criminal trials for terrorism defendants; and a critical examination of the various legal rationalizations that have been advanced for the detention of terrorism suspects.Class participation is important to a thorough and educational examination of these issues. Students’ grades will be based one-third on class participation, and two-thirds on the writing of a paper, approximately twenty pages long, and that paper’s presentation and defense to their fellow seminar participants. Topics for the paper/presentation can be of the students’ choosing (with the instructor’s approval), or can be selected from a list to be provided by the instructor.Participants in the seminar must either have completed Criminal Procedure or be willing to read, before the first seminar session, a set of readings chosen by the instructor on the topics of search and seizure, the Fourth Amendment’s warrant clause and its exceptions, and the exclusionary rule.

Contact Information

University of Minnesota Law School

Walter F. Mondale Hall | 229 19th Avenue South | Minneapolis, MN 55455

P: 612-625-1000

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