Terrorism and the Courts
The emergence of international terrorism and governments¿ responses to it have led to novel questions for courts at the intersection of constitutional, criminal, international, and procedural law. This seminar will consider a series of interrelated problems that have arisen in federal courts over the treatment and punishment of suspected terrorists and compensation for victims. Topics will include habeas litigation by detainees; the creation and use of non-Article III courts such as military commissions as alternatives to criminal prosecution; congressional attempts to withdraw jurisdiction from federal courts over litigation involving terrorism; separation of powers issues involving the roles of the President, Congress, and the courts in the treatment and punishment of suspected terrorists; compensation claims by victims of terrorism (through statutory compensation funds, litigation against foreign states under the Foreign Sovereign Immunities Act, and tort litigation against individuals and entities); techniques for handling complex litigation involving terrorism; the Alien Tort Statute; and civil litigation by detainees over their treatment.