the topic must be related to a specific chapter in the Dykus textbook and should be placed on the top portion of your term paper in a note. The term paper should be a policy-based discussion of existing laws, its pros and cons and suggestions for improving the law to better achieve social and moral goals.
the term paper must be at least 15 pages with a minimum of 35 different research cites, mainly from primary sources following the Blue Book standards.
THE TOPIC MUST BE RELATED TO A SPECIFIC CHAPTER IN THE TEXTBOOK!
This paper is based on the New haven approach:
New haven approach :the New Haven approach is based on the idea that law derives from decision processes that are both consistent with expectations among. community members of what is right (authoritative decision) and those that are effective (controlling decision)
It is Policy based jurisprudence
The paper should consist of 5 or more elements:
1st element: identify and decide a legal problem.
(not a survey not pros and cons of a policy) (drugs, illegal immigrants are examples of problems.) you must pick a specific problem that the law has already presented. what the authorities think is the solution to that law by passing a law
2: what are the competing interests?
IT MUST BE A POLICY QUESTION!!!
(Ex. Supreme Court problem of abortion–Should the country allow abortion or forbid it? Abortion legal up to so many weeks. What are the interest involved. Religious people, other ppl who believe women own their body it is her property! WHAT ARE THE INTEREST.)
3: what is the current legal solution that you think is wrong?
4 why is that solution wrong?
Be critical thinkers and think about laws that are wrong in your opinion. Explain why they have the wrong solution to the problem.
5: bring your own solution! Create a solution. must be Policy based law!!
what are the objections to your solutions? What are the opponents going to say about your solution. What objections will there be. You must answer the objections.
Look in the book at the end of each chapter under the notes and questions section there are good choices of topics to choose.
My personal idea for a possible topic: the fourth amendment and national security.
Chapter 18 authority for intelligence activity.
Hiding government errors and hiding government secrets.
-National Security laws are controversial because they apply to every American yet are secret. Many wars were decided upon without consideration of the public. Decisions made on behalf of the people but without the peoples consent or vote are controversial.
CLASS SYLLABUS: READING ASSIGNMENTS:
Week 1 Monday, August 22
Introduction, p.XXXIV- Law, Policy and Politics, p. 1-3.
President’s National Security Powers, p.25-28, 36-54, President’s Emergency Powers, p.68-71.
Wednesday, August 24
Congressional National Security Powers: a. Congressional Authorization for War, p.87- (1)(3)(4), p.88-89- War Powers Resolution, p.90-93, p.95 (2) (3), b. Delegations and Ap- propriations for National Security, p.100. What Congress Can Do with Its War Powers, p.100-103, c. Sierra Club v. Trump, p. 108-122. Lowell Principle, p.123. Chadha Principle, p. 124. No more Legislative Vetoes, p.126 (5).
Week 2 Monday, August 29
Court’s National Security Powers; Standard, p. 132-139; Political Question, p.140. Espe- cially Baker v. Carr, p.146 (4) (5) (6). Ripeness, p.148; Cause of Action 4 Statutes, p. 149. Bivens, p.149-152, Hernandez v. Mesa; State Secrets, p.154-156, Qualified Immunity, p.152-153
Wednesday, August 31
Extra-Territorial Reach of U.S. law, p. 209-240.
Monday, September 5 LABOR DAY- NO CLASSES
Wednesday, September 7
Targeting Terrorists. Death by Drones, p.375-412.
Monday, September 12
Cyber-operations, page 413-435.
New York Times article, U.S. Carried Out Cyber-Attacks on Iran, June 22, 2019. Department of Justice News, July 2021, Four Chinese Nationals Working with Ministry of State Security
Wednesday, September 14
Intelligence Community Organization and Authority, p.505-512 (Examine graphs), p.513 (1)(2)(5).
Halkin v. Helms, p. 518 (1), p.520-530 (Examine the 6 questions of Reading Executive Order Number 12,333, p.520, p.533- 4 Attorney General and FBI Guidelines, p.537(3)(5).
Monday, September 19
Fourth Amendment and National Security, p.577-610.
Wednesday, September 21
Congress Authorizes FISA, p.611-640.Read New York Times, June 2, 2021- What is America’s Spy Court Hiding from the Public? Daniel Cole.
Monday, September 26
CHOOSE A TOPIC FOR YOUR TERM PAPER (EXAMINE THE ENTIRE SYLLABUS BEFORE CHOOSING THE TOPIC). THE PAPER MUST BE RELATED TO A SPECIFIC CHAPTER IN THE TEXTBOOK.
Electronic Surveillance, p.641-642.
Third Party Doctrine, p.679-705.
Wednesday, September 28
Targeted Collection of Third-Party Records, p. 707-738.
Monday, October 3
Screening for Security, p. 743-756, 770-775
Congressional Research Service, The Terrorist Screening Database and Preventing Ter- rorist Travel, November 2016, J. Bjelopera, p.1-10.
Wednesday, October 5- YK
Interrogating Terrorist Subjects, p.973-996.
Concentrate on US v. Charles Emanuel, p.980; What role does the Army Field Manual have in obtaining military intelligence?
Monday, October 10
Military Detention of US Persons, p.875-908. Concentrate on Hamdi v. Rumsfeld.
Wednesday, October 12 Preventive Detention, p.937-970.
Monday, October 17
Coercive Interrogation of Detainees in US Custody, p. 997-1028. DRAFT OF TERM PAPER DUE
Wednesday, October 19
Criminalizing Terrorism and Its Precursors, p. 1031-1042 (Rahman).
US v. Stone, p.1043-1047.
Material Support Crimes, Humanitarian Law Project, p. 1048-1068, 1080-1081.
Monday, October 24
Terrorism Trials: Procedure and Evidence, Secret Evidence, p.1083-1113. Students can consult me for the next two weeks concerning their Term Paper.
Wednesday, October 26
Safeguarding National Security Information, p.1217-1254.
Monday, October 31
Access to National Security Information, p.1255-1287. Freedom of Information Act.
Wednesday, November 2 Censorship, p.1299-1324.
Monday, November 7
Homeland Security, p.1161-1183.
Your own research: events of domestic terrorism and Homeland Security
Wednesday, November 9
Military’s Domestic Role, p. 1185-1213.
Make reference to the January 6, 2021 (Insurrection and Military Role)- your own re- search.
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