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LAW Terrorism and the Courts

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LAW 593

Terrorism and the Courts

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[ Academia ] [ Litigation ] [ Regulatory & Policy ] International Law: General

Why it is relevant for ...

[ Academia ] [ Litigation ] [ Regulatory & Policy ] as a Related Elective for those interested in International Security : Students interested in civil liberties and national security should consider 1 or more courses on the constitutional issues raised by governments’ responses to terrorism. This course examines some of the novel questions raised for courts, such as the use of military commissions as alternatives to criminal prosecution, separation of powers issues, and methods of compensation for victims of terrorism.

General course Description:

The emergence of international terrorism and governments¿ responses to it have led to novel questions for courts at the intersection of constitutional, criminal, international, and procedural law. This seminar will consider a series of interrelated problems that have arisen in federal courts over the treatment and punishment of suspected terrorists and compensation for victims. Topics will include habeas litigation by detainees; the creation and use of non-Article III courts such as military commissions as alternatives to criminal prosecution; congressional attempts to withdraw jurisdiction from federal courts over litigation involving terrorism; separation of powers issues involving the roles of the President, Congress, and the courts in the treatment and punishment of suspected terrorists; compensation claims by victims of terrorism (through statutory compensation funds, litigation against foreign states under the Foreign Sovereign Immunities Act, and tort litigation against individuals and entities); techniques for handling complex litigation involving terrorism; the Alien Tort Statute; and civil litigation by detainees over their treatment.

Course Style: A Substantive/ Perspective course looks at law from an external or non-traditional standpoint.

Course Frequency: Offered once a year

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