National Security & U.S. Foreign Relations Law Concentration

Ethical and legal problems involved in civil and criminal counseling and litigation; focus on professional identity development through an exploration of the attorney’s role as agent of the client. Rules of Professional Conduct and legal discipline; roles of bar associations and courts in regulating lawyer conduct; the values and competencies of the legal profession including cross-cultural competency; and the lawyer’s role in creating a just legal system that eliminates bias, discrimination, and racism in the law. Credit may not be earned for both Law 6218 and Law 6343. (Examination)

Major substantive aspects of litigation with the federal government. Topics include analysis of statutory schemes that permit and limit judicial remedies against federal agencies and officials; nonstatutory remedies; judicial review; monetary recoveries from the United States; special rules, including those pertaining to discovery and application of equitable principles; and consideration of the continued vitality of federal sovereign immunity. (Examination)

Exploration of the responsibilities and powers of the federal prosecutor. The effect of legal, ethical, policy, and practical considerations on the prosecutor’s decision-making throughout various stages of the criminal justice system. The potentially competing interests of federal, state, and foreign jurisdictions in investigation and prosecution of criminal activity. Enrollment is limited and includes students from other area law schools. (Examination or research paper)

This course examines the interplay between criminal law and civil immigration law. Discussion of the legal and constitutional implications of criminal immigration issues, specifically the consequences of criminal and terrorism activities and convictions for foreign-born individuals, immigration detention, U.S. citizenship laws and denaturalization, removal proceedings, and relief from removal. Examination of how crimes and convictions will impact an individual’s immigration status and the civil and criminal consequences that can stem from an arrest, conviction, or violation of our immigration laws. Corequisite: Law 6538 or permission from the instructor. (Examination)

The legal issues that judges, legislators, and prosecutors confront in response to computer-related crime. How computer crimes challenge traditional approaches to the prohibition, investigation, and prosecution of criminal activity. Topics include computer hacking, threatening communications, malware, encryption, online undercover operations, the Fourth Amendment in cyberspace, laws governing access to email, and international cooperation in the enforcement of computer crime laws. (Examination)

An examination of the law that governs the interrelations of the three branches of the federal government. Topics include the constitutional history of our governmental structure, the immunities of members of Congress and of executive officers, impeachment, congressional power over federal jurisdiction, executive orders and the limits of presidential “lawmaking,” presidential and legislative vetoes, executive privilege, executive and congressional oversight of policy through supervision of the bureaucracy, controls on spending including impoundment, limits on presidential discretion to enforce the laws (e.g., special prosecutors), Congress’ and the president’s roles in foreign affairs (executive agreements, claims settlements, treaty powers), and congressional and presidential war powers. Emphasis will be placed on the role of the lawyer as government adviser, a role performed by many attorneys at all levels of government. (Examination)

Legislative process and the construction and legal effect of statutes. Topics that may be considered include representational structures, lobbying, judicial review, direct democracy, legislative fact-finding and drafting, and the preparation and significance of legislative history. This course is a prerequisite to several advanced public law courses. (Examination)

Instruction in the basic skills necessary for translating the specifications of the policymaker into legislation. Topics include determining policy objectives and an appropriate legislative scheme for their achievement; an overview of the legislative process; typical provisions in legislation; organizational issues in drafting; and the structural component of legislation. Enrollment is limited. (Examination and drafting assignments) (E)

Congressional investigations — whether to oversee the executive branch, scrutinize private parties, or collect information for lawmaking — constitute an essential element of federal power. This course will cover the history, law, and practice of congressional investigations. Topics include the scope of and limits on Congress’s investigative powers; the practice and procedure of congressional investigations, such as developing investigative plans, issuing document subpoenas, and responding to them; questioning witnesses and preparing them for questioning; and the political contexts of congressional investigations, including their relationship with other investigative efforts, their use as forms of political leverage and political campaigning, and the role of the press. (Writing assignments)

Because of its isolation from judicial review for more than 20 years, the uniquely pro-claimant veterans benefits system has procedures with no direct analogies to other legal areas and has different approaches to familiar legal issues. The history and politics of veterans’ benefits. The system’s ideals and the burden of processing more than one million claims per year. (Examination)

This course will focus on appellate advocacy before the U.S. Court of Appeals for Veterans Claims (CAVC). Understanding the rules that govern the Department of Veterans Affairs (VA) and the agency appeals process is integral to advocacy before the CAVC, so the course will provide an overview of the agency as well. In addition to any field placement, throughout the semester students will review a case file and decision of the Board of Veterans’ Appeals, identify issues, and draft documents and pleadings related to CAVC representation. (Writing assignments) (E)

Information privacy law, including the development of constitutional, tort, contract, property, and statutory law to address emerging threats to privacy. Privacy and the media, privacy and law enforcement, workplace privacy, privacy and online transactions, medical and genetic privacy, and privacy and personal records and information. (Examination)

This course will cover domestic and international anti-corruption laws. Domestically, this course will examine traditional U.S. bribery and gratuity laws, the U.S. Foreign Corrupt Practices Act, the Procurement Integrity Act, fraud actions under the False Claims Act, contractor compliance programs, mandatory disclosure rules, the suspension and debarment regime—and the implementation and enforcement of these laws and programs. The course will also cover international anti-corruption efforts both in enforcement and through international instruments, such as the Organization for Economic Cooperation and Development Anti-Bribery Convention, the UK Bribery Act, and other emerging anti-corruption regimes. (Examination and in-class activities).

Introductory survey of the legal system governing relations among states and its expansion to non-state actors, such as international organizations, natural and juridical individuals, indigenous groups, and proto-states. Analysis of the sources of international law, including the formation of customary norms and techniques of treaty interpretation; the application and enforcement of international law in domestic courts, international tribunals, organizations, and diplomacy; doctrines of jurisdiction and immunities; the impact of emerging states and new technologies on doctrine; the use of force; human rights; constitutional aspects of international law; and recurring political and jurisprudential issues. (Examination)

Interrelationships among money laundering, corruption, and terrorism, their threat to global peace and prosperity, and the convergence of international law efforts to confront them. Because the detection and recovery of concealed assets are essential to deterring these crimes, students will study the fundamentals of financial investigation and “mutual legal assistance” between countries through a five-week computerized gaming exercise. (Examination or paper and examination)

Theory and application of the Immigration and Nationality Act and 8 Code of Federal Regulations. Examination of practice before the Executive Office for Immigration Review, Citizenship and Immigration Services, Immigration and Customs Enforcement, Customs and Border Protection, Department of State, and Department of Labor. Removal, political asylum, adjustment of status, naturalization, and other issues. Enrollment is limited. (Examination)

Selected topics from the areas of international law pertaining to the protection of refugees and domestic law of political asylum. Enrollment is limited. (Examination)

An overview of international and regional human rights instruments and institutions, focusing on the manner in which the United Nations, Inter-American, European, and African human rights systems seek to protect individual and group rights. Examination of the problems these systems have encountered in discharging their mandate, and exploration of ways to strengthen international and regional governmental and nongovernmental efforts in the human rights field. Prerequisite or concurrent registration: Law 6520. (Examination)

International law related to the use of outer space. Analysis of space treaties in force, the role of intergovernmental and nongovernmental international organizations, and space laws and regulations of various nations. The relationship of space law to air law. Issues of liability resulting from space activities, military use of space, pollution and contamination of outer space, and earth observations and remote sensing. Enrollment is limited. (Writing assignments)

International law related to the use of ocean space. Development of international law concerning internal waters, territorial sea, contiguous zone, high seas, continental shelf, fisheries, exclusive economic zone, maritime boundaries, marine environment, marine scientific research, deep seabed, and settlement of disputes. Current legal and policy issues associated with these areas. (Examination)

Human rights law in international and internal armed conflict, examining the origins of the law of war, the 1949 Geneva Conventions for the Protection of War Victims, the Geneva Protocols of 1977, the 1980 Geneva Conventional Weapons Convention, other treaties and customary international law relating to means and methods of warfare, the role of the International Committee of the Red Cross, war crimes and enforcement mechanisms, and current problems in the regulation of hostilities. Prerequisite: Law 6520. GW degree candidates may not receive credit for both Law 6552 and 6838. (Examination or research paper)

This course introduces students to laws and implementing regulations for U.S. export controls and economic sanctions. Export controls include limitations on exporting defense articles, as well as “dual-use” goods and technologies with both civilian and military applications. Economic sanctions may be comprehensive (an entire country or region) or targeted (specific parties or industries) restrictions. Export control and economic sanctions violations may entail criminal charges, based on the criminal penalties portions of the Arms Export Control Act, the Export Control Reform Act, the International Emergency Economic Powers Act, and the Trading with the Enemy Act. Students will examine the U.S. government’s use of these tools to protect national security and promote foreign policy objectives, as well as international law implications from their use. (Examination)

Prosecution of international crimes and application of national criminal law across international boundaries. The use of criminal sanctions to serve the objectives of the international community, particularly with respect to peace, national security, and human rights. Prior enrollment in Law 6520 is recommended. (Examination)

Legal norms and techniques used to help stabilize and rebuild societies emerging from violent conflict. Clarifying and reforming laws, reconstructing and staffing Judicial and law enforcement institutions, and establishing mechanisms to deal with past atrocities. Prior enrollment in Law 6520 or 6532 is recommended. (Research paper)

Selected topics in public international law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, research paper, or writing assignments) (Select sections announced at registration-E)

Selected topics in the theory and practice of international law to be announced at the time of registration. Enrollment is limited. May be repeated for credit if topic differs. Prerequisite: Law 6520 or permission of instructor. (Research paper)

Examination of federal, state, and international laws and policies used to combat human trafficking. Study of U.S. anti-slavery and peonage laws to determine how those laws proved insufficient to curb modern trafficking and led to the passage of the Trafficking Victims Protection Act. In-depth analysis of federal laws prohibiting sex and labor trafficking crimes and consideration of how such laws are used to investigate and prosecute offenses in domestic courts. Examination of the international counter-trafficking legal framework established under the Palermo Protocol and study of global implementation of the Protocol by state parties. Assessment of the significant role of diplomacy in legislative reform and counter-trafficking generally. Study of ground-breaking cases decided by international courts and efficacy of cross-border initiatives to combat human trafficking. Prerequisites: Law 6210; Corequisite: Law 6520. (Writing assignments)

Students learn the fundamental skills necessary to draft litigation and transactional documents. Practical application of the drafting process to the preparation of litigation documents, such as pleadings and motions, and transactional documents, such as contracts, deeds, wills, or other agreements. Topics include planning and structuring a document, legal research strategies, the role of procedural rules, plain language initiatives, and ethical principles that affect the drafting process. Specialized sections of this course are offered in areas such as litigation, transactional, and intellectual property; students are encouraged to discuss course coverage with the professor prior to enrollment. Ordinarily, students will be limited to registration in one section of legal drafting while enrolled at the Law School. With the permission of the Dean of Students Office, students may enroll in a second section of legal drafting, provided that the second section is a different specified section. (Drafting projects and short writing exercises) (E)

Students earn academic credit for externships with qualifying judicial, government, and non-profit (501(c)) organizations. Students may participate in the Field Placement program in the fall, spring, or summer semester after they have successfully completed the law school’s full-time first-year curriculum. Students who have not completed the entire full-time first-year curriculum may be eligible to participate in the program if they can demonstrate that their placement will provide sufficient contemporaneous training to ensure the quality of the student educational experience in the Field Placement Program. Students must complete two full academic years of law school prior to receiving credit for an international placement. Students who have previously taken a corequisite course in conjunction with a previous placement (for which they earned Field Placement credit) may be eligible to participate in Advanced Field Placement (See Law 6667). Preference distance sections will be given to students with externships outside of the DC area. Field Placement students are not permitted to concurrently enroll in Law 6668 and the Clinical Program without the express permission of both the assistant dean of field placement and the director of the clinic. This course is graded on a CR/NC basis and requires students to complete 60 hours of work and 5 pages of original and substantive writing per Field Placement credit. Additional information about the Field Placement Program, including a detailed description of the application process, permissible externship formats, externship and placement site supervisor eligibility (including international externships), program requirements, policies, and procedures, is located in the Field Placement Program Student Handbook. Students are responsible for reading the Field Placement Program Student Handbook, reading any applicable policy supplement, and complying with all program policies and procedures. (E) (BCR)

Selected topics in national security law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, research paper or writing assignments) (Select sections announced at registration-E)

Selected topics in national security law to be announced at the time of registration. Enrollment is limited. (Research paper)

The military justice system as a separate criminal justice system established by Congress due to the unique nature and mission of the U.S. Armed Forces. Policies, principles, standards, and rules governing the military justice process from investigation through trial and the appellate process. Review of the commander’s role throughout the system. Detailed review of substantive military criminal law and peculiarly military offenses. Analysis of military criminal procedure as well as alternate actions available to dispose of criminal misconduct cases, including administrative separations from the Armed Forces. (Examination)

Analysis of legal mechanisms in the fields of criminal, civil, military, immigration, and administrative law used by the U.S. government to combat domestic and international terrorism. The effectiveness of government actions and alternatives for achieving public safety goals; the effect of such actions on U.S. citizens and citizens of other countries; and the reaction of federal courts and Congress to executive branch actions. (Examination)

Legal issues related to homeland security before September 11, 2001, and the adoption of the Homeland Security Act of 2002. Protection of critical infrastructure; information sharing; liability for terrorist attacks; risk insurance; attempts to prevent the use of weapons of mass destruction; threats to electronic infrastructure; and combating the financing of terrorism. (Examination)

The use of international agreements, legislation, regulations, and policy to stop the spread of nuclear weapons and to deter acts of nuclear terrorism. Review of the U.S. interagency process and how international organizations, intelligence, sanctions, diplomacy, foreign assistance, and the threat or use of force work to stop nuclear proliferation. This class will consider major international agreements such as the Treaty on the Non-Proliferation of Nuclear Weapons, the Comprehensive Test Ban Treaty, and Nuclear Weapon Free Zones, among others. The roles of the United Nations, International Atomic Energy Agency, and Conference on Disarmament will be reviewed, as well as nuclear arms control and how deterrence figures into the nonproliferation regime. (Take-home examination)

Identification and analysis of current legal questions that face intelligence practitioners. Constitutional, statutory, and executive authorities that govern the intelligence community; intelligence structures of other countries; the natural tension between law enforcement and intelligence activities. U.S. person protections, covert action, FISA, and data mining. The course may include application of intelligence law to hypothetical scenarios and student-generated legislative approaches to intelligence law problems. Recommended: Law 6870 or 6875. (Class presentation and research paper)

Issues relating to the organization of the Internet and the federal government’s response to cyberthreats. Legal concepts relating to the private sector and civilian government engagement in cyberspace. Application of traditional laws of armed conflict in the new cyber domain. Students who receive credit for Law 6890 Cybersecurity Law and Technology may not enroll in this course. (Research paper or examination)

The legal framework and implementation challenges faced by federal, state, local, individuals, and private sector entities in the preparedness for and recovery from destructive events such as hurricanes, wildfires, terrorist attacks, climate change, and pandemics. Topics may include the role of federalism; pre-disaster mitigation and prevention programs; the National Response Framework; the role of the military; the tension between individual rights and government action in emergencies; disaster resistance, compensation, and insurance; and long-term recovery; and international disasters. (Research paper or examination)

This course explores the cross-disciplinary legal and policy aspects of artificial intelligence (AI) and machine learning (ML). Analysis of the impact of AI on society and the ability of current legal and regulatory frameworks to address issues arising from the use and deployment of AI systems. Introduction to emerging technology and evaluation of the complex and evolving set of legal, ethical, and social issues presented by their use. Topics include the technology of AI, its development in the broader context of historical developments in technology, its growth and impact across various sectors in society, and evaluation of its impact on national and global security, and comparative analysis of different local, national, and international regulatory approaches. (Take-home examination or research paper)

This course provides an in-depth study of the Foreign Intelligence Surveillance Act (FISA), its amendments, Section 215 of the U.S. PATRIOT ACT, and the USA Freedom Act. Examination of how these laws have evolved over the past 40 years into the current legal framework utilized by the national security community today. Study of the historical underpinnings for FISA and how similar laws have been reexamined. Topics also include identifying the circumstances for pursuing different types of FISAs, discerning the specific provisions of FISA that apply to a set of circumstances and the requirements for an application to the Foreign Intelligence Surveillance Court. This course also includes the study of the significant tension between balancing national security interests with U.S. citizens’ Privacy and Civil Liberty Rights. (Examination and exercises)

This course is designed to provide an overview of counterintelligence aspects of national security law. Topics covered will include traditional espionage, foreign agent activity, leaks and mishandling of classified information, nation-state cyber crimes (including economic espionage), export control violations, court-authorized foreign intelligence surveillance, and the handling of classified information in criminal cases in Article III courts via the Classified Information Procedures Act. There are no prerequisites, though general knowledge of and interest in criminal law will be useful. (Writing assignments)

This course examines basic technical concepts relevant to the law. It is designed as a foundational course that will introduce students to key terms and concepts related to cybersecurity. The course will provide a basic understanding of cybersecurity topics that will empower students to more easily identify, understand, and analyze associated legal issues. This course is recommended for students who have little to no technical knowledge but intend to enroll in cyber-related courses as part of their academic curriculum. Students who have prior technical knowledge should not enroll in this course. This course is graded on a CR/NC basis. Students who receive credit for Law 6890 Cybersecurity Law and Technology may not enroll in this course. (Mid-term examination and final examination)

This course is designed to provide an overview of key transnational threats (including terrorism and transnational organized crime) and the legal frameworks used by state actors to counter them. Students will learn about the key actors and institutions used for international cooperation and the challenges faced in pursuing evidence and fugitives across national boundaries. (Examination, class presentation, and class participation)

This course will examine the legal architecture that undergirds domestic terrorism investigations and prosecutions and the policy consequences that flow from that framework. Students will consider domestic terrorism in context, assess its historical evolution, and evaluate the resulting legal and policy implications. Students will better understand the distinctions between international and domestic terrorism and appreciate the singular peculiarities of domestic terrorism investigations and prosecutions. This course also will assess the broader impact of domestic terrorism on the public in general. Students will consider how domestic terrorism is understood by the media, by advocacy organizations, and by academic institutions. We will evaluate efforts to study domestic terrorism, consider the conclusions drawn from these studies, and weigh their impact on policymaking in this area of national security. Finally, this course will provide insights into the ever-shifting crosscurrents between law and policy as our nation charts a course between liberty and security. Domestic terrorism uniquely illustrates the many challenges and obstacles in navigating this terrain. (Research paper and class participation or examination)

A focus on trial techniques for prosecution of international and domestic terrorism crimes when tried in Article III courts, including the use of the “material support” statute. This course examines the art and mechanics of addressing a number of recurring issues that are common in terrorism prosecutions, including constitutional issues, the use of classified information in investigations, the reliance on foreign evidence, the use of electronic surveillance and undercover information, pretrial publicity issues, and use of expert witnesses. Prerequisite or concurrent registration: Law 6230. (Writing assignments) (E)

Examination of fundamental legal issues that have arisen in regard to the mission of the Central Intelligence Agency (CIA), focusing on a series of issues, key events, and policy decisions that have had significant impact on the legal structure under which the Intelligence Community operates. Review of several major policy decisions that the CIA was charged with implementing, and identifying and analyzing associated legal issues and risks (to include separation of powers issues) that were a consequence of these policy decisions. (Writing assignments)

Examination of the field of aviation law, in particular as it applies to national security. An overview of the domestic and international legal frameworks governing aviation, initial debates over state security and freedom of the air, and the developments that led to the Chicago Convention on Civil Aviation. A review of U.S. air law and federal statutes and regulations that govern U.S. airspace and its air transportation system; air law through international treaties and relevant organizations and subsequently how they apply to several acts by state and non-state actors; the relationship between aviation and individual rights under the Constitution; and emerging issues in air law and national security. Recommended: prior or concurrent enrollment in Law 6870. (Examination or research paper)

Issues relating to the organization of the Internet and the federal government’s response to cyberthreats. Legal concepts relating to the private sector and civilian government engagement in cyberspace. Application of traditional laws of armed conflict in the new cyber domain. Also, examination of basic terms and concepts relevant to cybersecurity technology required to identify, understand, and analyze associated legal issues. Students who receive credit for Law 6879, Cybersecurity Law and Policy, or Law 6884, Technology Foundations for Cybersecurity may not enroll in this course. (Writing assignments or examination)

The fundamental U.S. legal, policy, and regulatory framework restricting foreign access to U.S. technology, an area that implicates commercial, trade, and national security laws and policies. Restriction on foreign investment in the United States and access to U.S. technological and other assets, including the respective roles and powers of the Executive and Legislative branches of the federal government; related commercial, legal and policy issues surrounding critical technologies; and, how foreign access to U.S. technology straddles commercial, trade and national security law and policy. Increased United States restriction of foreign access to U.S. technology, such as through Defense Production Act amendments and expanded authority of the Committee on Foreign Investment in the United States to review foreign investment involving technology and personal data, targeted export controls and sanctions enforcement, criminal prosecutions, and curbs on foreign participation in U.S. academic and research settings. (Examination)

Selected topics in cybersecurity law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, research paper, or writing assignments) (Select sections announced at registration-E)

The increasing use of technology to spread disinformation and exert influence, combined with the ever-growing receipt of news/information from non-traditional sources, such as podcasts and social media poses real and potential national security risks, but regulating disinformation spread via technology presents complex legal challenges. This course focuses on national security ramifications of disinformation spread via technology, and the efficacy and viability of specific legal/policy approaches countries take to combat it. Students who receive credit for Law 6351, Reading Group: Disinformation and National Security: Legal Approaches may not enroll in this course. (Writing assignments)

This course is designed to provide an overview of blockchain law and technology, including the privacy and cybersecurity implications of blockchain. Students will obtain a basic understanding of cryptocurrencies and tokens, blockchain consensus mechanisms, key management and cybersecurity issues relating to blockchain, current and anticipated use cases, and significant projects in the blockchain space today. Building off this learning, students will gain exposure to the current state of the laws implicated by blockchain projects, including the securities laws, commodities laws, tax laws, and other selected federal and state laws. No technical background is required for this course. Students who receive credit for Law 6351, Reading Group: Blockchain: Law and Policy may not enroll in this course. (Writing assignments)

This seminar will introduce the student to the fundamental concepts of privacy, as well as U.S., European, and other regional privacy frameworks. Then topics will cover identifying how differences in those frameworks have created legal and policy conflicts challenging cross-border flows of data with particular emphasis on how national security concerns and human rights have injected tension in the transatlantic space, and will identify how those conflicts have been addressed through international agreements. Students will become familiar with significant international privacy agreements including multilateral instruments on data privacy. Students will gain an understanding of how data privacy law intersects with international law, national security and law enforcement, human rights, and global commerce. (Research paper)

Study of the law of foreign investment in U.S. businesses and property, through close attention to the Committee on Foreign Investment in the United States (CFIUS). Topics include national security risk analysis and mitigation; limits on the Committee’s authority; preemption and federalism; how other branches of government “check” CFIUS’s work; “outbound” investment; and how CFIUS attorneys practice in both the private and public sectors. (Examination and class participation)

This course explores the law and best practices for cybersecurity risk management and incident response, with particular reference to critical infrastructure systems such as the electric grid. A series of tabletop exercises will give students hands-on training in counseling board members and organizational senior leadership and working with technical and administrative managers, law enforcement, and regulators. This course will also address the increasing role of artificial intelligence in cybersecurity. Students who have enrolled in Law 6892 Selected Topics in Cybersecurity Law: Protecting Critical Infrastructure: Meeting Cybersecurity and National Security Threats or Law 6892, Selected Topics in Cybersecurity Law: Risk Management and Incident Response: Legal Approaches may not take this course. Prerequisites or concurrent registration: Law 6879 and 6884 or 6890. (Examination and class participation or writing assignments and class participation)

This course trains future practitioners for careers in government oversight and internal investigations. Students will gain the knowledge and skills necessary to succeed at the various offices of the inspector general and investigative agencies established throughout the federal government. The course will focus on national security issues and the departments and agencies charged with ensuring national security safety, including the role of the Department of Homeland Security, Office of Inspector General, as well as oversight mechanisms within the Department of Justice, the Department of Defense, and the Office of the Director of National Intelligence. Topics covered include the September 11, 2001 attacks, congressional investigations, aviation security, border enforcement, domestic intelligence gathering, disaster assistance and response, national security investigations, intelligence oversight, and domestic military operations. Students will acquire a firm understanding of interviewing techniques, investigative legal authorities, and the importance of inter/intra-departmental collaboration. (Examination or research paper)