Course Description
An examination of how United States law both constrains and is constrained by United States foreign relations and the foreign policy-making process. The course covers issues relating to separation of powers, federalism, individual rights, and the influence of international norms on United States constitutional development.
Additional Requirements for Graduate Students:
Graduate law students will not be doing any extra work beyond
that required of the Juris Doctor students. J.D. students are
post-baccalaureate students and the workload expected of them is
the same workload expected of post-baccalaureate graduate students.
Athena Title
Foreign Affs Natl Security
Prerequisite
JURI 4180/6180
Semester Course Offered
Offered spring
Grading System
A - F (Traditional)
Course Objectives
To familiarize the student with the interaction between foreign relations and domestic law and how each has an impact on the other. Students will be exposed to primary and secondary authorities concerning international law and treaties, separation of powers, national security issues and the war powers outlined in the United States Constitution.
Topical Outline
1. War Powers and the Use of Force: History Over Text 2. Treaties and Other International Agreements: Choice of Instruments and Interpretation 3. Federalism and Foreign Relations: Constitutional Constraints on State Capacities 4. The Outward-Looking Constitution: Importing International Standards 5. U.S. Law and Human Rights Abroad 6. The Constitution's Boundaries 7. National Security and Individual Rights: Detention & Anti-Terrorism Practices 8. Ceding Authority Upward: Delegation and International Institutions, with a Focus on the International Criminal Court