 New Law Class Explores Legal Issues of War
Exploring both domestic and international law, a new class at the University of San Francisco School of Law attempts to sort out the legal ramifications of America’s war on terrorism.
Titled “Legal Issues of America’s Twenty-First Century War,” the class will look at the United States’ position on a number of fronts, including military commissions, detentions and eavesdropping, airport security, and racial profiling.
“I created the class for several reasons, one of which is it is so urgent that law students understand issues that concern all of us,” said Law Professor Peter Jan Honigsberg. “Some of this comes from my own experience when I did civil rights work and work against the Vietnam War. Those issues came up in class and many professors did not address those issues. So it’s important to me that someone address the issues of the day.”
Students in the class, who are all specializing in different areas, will listen to lectures and represent opposing sides of national security issues and their legal precedents. The first lecture, on Jan. 15 by USF Law Professor Dede Donovan, discussed the precedent and constitutionality of military commissions. A commission was authorized by President George W. Bush to try the 158 Taliban and al Qaeda prisoners currently held at the U.S. Navy Base in Guatanamo Bay, Cuba. That order—which has generated strong criticism from civil liberties groups—is currently awaiting finalization by the Defense Department.
“In my opinion we should carve out something that protects national security interests and ensures court protections,” Donovan said, explaining that the commissions offer none of the legal protections offered in a civil or military court. “The reasoning behind these commissions is gone. They were created for actions on a battlefield but we don’t have that anymore.”
Concern over protection for people at home was taken up by Law Professor Steven Shatz on Jan. 29. More than 1,200 people with visa violations were rounded up, “Dragnet style,” by the Justice Department and held without charges after Sept. 11, Shatz said. “The question is, can they do this and should they do this?” he said, likening it to the arrests in 1919 by Attorney General Mitchell Palmer of thousands of immigrants suspected of being Communist sympathizers.
“At that time, lawyers representing Communists would be put on a Communist list. Today they would be put on a ‘terrorist list,’” Shatz said.
Other lecturers for the class include Professor Maria Ontiveros on airport security and undocumented workers on Feb. 12. Professors John Adler and Henry Brown will discuss free speech in times of war on Feb. 26. Professor Susan Freiwald will address anti-terrorism legislation on March 12. Donovan and Professor Connie de la Vega will speak again on military commissions and human rights on March 26.
|
