Select Topics in Judicature: Executive Branch Lawyering

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This course, to be co-taught by Judge David Barron of the U.S. Court of Appeals for the First Circuit and Professor Diane Marie Amann, will explore the role of Executive Branch lawyers. It will focus on the question of detaining presumed terrorists, particularly at the U.S. military base at Guantánamo Bay, Cuba. Readings will include Executive pronouncements, statutes, judicial decisions, policy reports, and legal commentaries. Students will consider not only legal and ethical issues, but also the interactions among lawyers in U.S. agencies, other governments, and nongovernmental entities. Grading of this pass-fail course will be based on demonstrated engagement with the readings and issues, as well as participation in class discussion and role-playing exercises.

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