[The] Wartime Practice of National Security Law (20667). 2 or 3 units. This course will examine current legal issues surrounding covert action and the overt use of military force by the United States since September 11, 2001. The course is taught by Professor Oona Hathaway with Stephen Preston, who for the past six years has served as General Counsel of the Department of Defense and, before that, CIA General Counsel. The course will examine national security law from the perspective of a government lawyer who has to make tough decisions regarding how to advise clients as they seek to counter real threats to U.S. national security. The class will review the substance of legal issues that are currently under debate, as well as consider the practical challenges that face a lawyer practicing in the context of ongoing armed conflict. Among the topics to be covered are the law governing covert action, the bin Laden raid, the President's constitutional powers as Commander in Chief versus Congressional authorization to use military force, the emergence of the threat posed by Daesh (also known as ISIL, ISIS and IS), defining the enemy and associated forces, the American citizen who takes up arms against his country, limitations on U.S. counterterrorism operations under international law, use of remotely piloted aircraft, responsibility for the conduct of partner forces, determining the end of the conflict, and secrecy versus transparency. Students who write a paper, with permission of the instructors, may earn a third unit. Enrollment limited to twenty-four. Permission of the instructors required. O. Hathaway and S.W. Preston.
Course Selection: In addition to listing this course among permission-of-the-instructor selections, students should submit a brief statement of interest and a CV by 4:30 p.m. on June 25. Listing this course as a permission-of-instructor selection constitutes permission for the Registrar's Office to release a copy of the student's YLS transcript to the instructors.