Course Description

Civil Liberties in an Age of Terrorism - LAW939
2 Credits

This course will explore how the United States has responded to the tension between a commitment to protecting civil liberties and a need for enhancing national security. Among the issues that will be discussed are: the use and definition of torture; the indefinite detention of persons thought to be linked to terror; the practice of targeted killing; the constitutionality of limits on speech and press; the warrantless use of surveillance; and the legality of various military measures aimed at destroying the terrorism infrastructure and preventing further terrorist attacks. Central to our study will be an exploration of the appropriateness of judicial review of issues affecting national security and the extent to which the courts should defer to executive decisions in times of war. The approach of the US courts will be compared and contrasted with the approach of courts of other nations, particularly the Israeli Supreme Court. (No prerequisite.)