S. Law and Politics of Spying and Lying

Course Information

Course Number
L9283
Curriculum Level
Upperclass
Areas of Study
Administrative Law and Public Policy, Constitutional Law, International and Comparative Law, National Security and Privacy
Type
Seminar
Additional Attributes
New Course

Section 001 Information

Instructor

Section Description

As far back as the Revolutionary War, American citizens have been engaged in secret intelligence operations in wartime. Over the past eighty years, the US government has made secret intelligence and covert operations a regular part of its toolkit for dealing with foreign challenges or domestic threats in peacetime as well as wartime. Reconciling these secret activities and the institutions and individuals responsible for them with a democratic Republic based on checks and balances and electoral accountability has been a ceaseless work-in-progress, whose tempo increases or decreases depending on world and domestic events. Regardless of the tempo, however, the overarching question is unchanged: Can secret intelligence activities–including lying to deny or mask the government’s involvement–be reconciled with American democracy? This seminar examines the law, policy, and history of U.S. intelligence activities. It explores such issues as the constitutional allocations of power for intelligence, the evolution of American intelligence organizations over time, dilemmas created by new surveillance technologies and ways to address them (or not), congressional oversight of covert action–including lethal force–in which the U.S. government intends to hide its hand, and the roles of courts and the press as checks. This is a joint offering between SIPA and the Law School, because the history, policy, and law of American intelligence activities are so intertwined. To understand the future in this area, one must understand those interconnections. In addition to active – very active – class participation, students will be required to submit several memoranda throughout the semester in response to specific prompts.  

This seminar is strictly limited to 10 law students. To apply for admission, students should send to Prof. Waxman's assistant Brandon Sandoval ([email protected]) their (1) current CV; (2) current transcript with their grades for the most recent semester included if possible; and (3) a half-page, single-spaced statement (*maximum*) of their interest in the class. Applications are due no later than NOON on October 25, so that students can be notified the following week, prior to pre-registration, whether they are admitted. No late applications will be accepted. Applicants who are waitlisted or who have not yet been admitted will be notified about admission decisions during the Add/Drop period.

Instructors: Matthew Waxman & Timothy Naftali

School Year & Semester
Spring 2025
Location
JGH 546
Schedule
Class meets on
  • Wednesday
10:10 am - 12:00 pm
Points
2
Method of Evaluation
Paper
J.D Writing Credit?
Minor (automatic)

Learning Outcomes

Primary
  • At the end of the course, students will have acquired understanding of and/or facility in a specific body of law, including major policy concerns
  • At the end of the course, students will have acquired understanding of and/or facility in statutory and regulatory analysis, including close reading of statutes and regulations, and application to facts
  • At the end of the course, students will have acquired understanding of and/or facility in the historical development of law and legal institutions
  • At the end of the course, students will have acquired understanding of and/or facility in ethical and professional issues

Course Limitations

Instructor Pre-requisites
None
Instructor Co-Requisites
None
Requires Permission
Yes
Recommended Courses
None
Other Limitations
This course is registrable by permission only. Please see course description for further details.