What Would Bauer Do?
Course Uses '24' to Study Counterterrorism Law
"The following takes place between 5:45 p.m. and 7:45 p.m. on Tuesdays of the spring semester during the 2008 U.S. presidential election."
Does this sound vaguely familiar? Although Kiefer Sutherland is not reading the words, all fans of the Fox television show "24" should recognize the distinctive opening to each episode. But more importantly, it's an apt start to Walter Gary Sharp's syllabus for his new Law Center course, The Law of 24.
Sharp, an adjunct professor of law and Department of Defense career man, is mixing the Hollywood storylines of "24" into his newest class on U.S. counterterrorism efforts and the rule of law.
But students in the class, which began Jan. 15, shouldn't expect to sit around and swoon at protagonist Jack Bauer's heroic -- though often legally and morally questionable -- tactics to save the United States from certain destruction.
"'24' presents a very wide range of contentious legal issues around counterterrorism," said Sharp, an avid fan who has watched the show since its 2001 start. "This is a very serious course looking at those issues. We're going to look at a range from how do we detect and prevent terrorism … to whether detainees have a right to habeas corpus."
Through it all, Sharp said, Jack Bauer provides a fictional model that gets the job done, but plays fast and loose with legal boundaries.
Sharp noted most courses do have something in common with his "24" course -- they use accessible examples to teach legal theories. But while another professor might use the reality of waterboarding at secret overseas U.S. prisons to discuss interrogation tactics, Sharp is more likely to discuss the fictional Bauer shooting off the kneecap of a terrorist who won't talk.
"You have to use hypotheticals and examples in the classroom," Sharp said. "But here you have a running hypothetical of a TV show, and that's the major difference. This is a very exciting, entertaining and fun way to teach a course."
According to Sharp, there are a number of shows that deal with counterterrorism sporadically, but few address legal questions week in and week out like "24." The show's use of utilitarian responses to terrorism -- which have included nuclear and nerve gas threats, presidential assassinations and suicide bombings -- provide a framework to discuss domestic and international legal themes.
"'24' raises issues we all read about almost every day," Sharp explained. "When we have detainees, how do we treat them? What rights do civil or military detainees have?"
This semester is Sharp's first back at the Law Center since 2000, when he ended a five-year adjunct career there to focus on his doctorate. His main job is as the associate deputy general counsel for international affairs at the Department of Defense, where Sharp deals with international and domestic legal issues every day. He also works with national and international security law issues in regard to operations and activities of the armed forces. A retired Marine lieutenant colonel who once worked in Somalia, he has been on the ground dealing with U.S. policies overseas before.
Sharp also holds multiple degrees, including master's of laws from Georgetown Law Center and the U.S. Army Judge Advocate General's School and a J.D. from the University of Virginia School of Law.
His credentials helped convinced "24" producers to let him use the show in the classroom.
"One of the co-creators is an attorney, and he actually contacted me to see if he could come out and co-teach," Sharp said.
The two are still picking a date for television executive to guest lecture. In the meantime, students will find plenty of "24" references to keep them busy -- from the note on the syllabus that states "lectures and classroom discussions occur in real-time" (just as the show does) to viewing clips about relevant counterterrorism issues such as targeted killing or apprehending terrorists.
"I'm glad Georgetown took a chance on this class since it's different from what is normally offered," said Jessica Cox (L'08), who is looking forward to the course's mix of fictional aspects with serious legal questions. "I'd like to look at how the legal system deals with issues of terrorism and how the U.S. can use legal systems, both here and internationally, to address terrorism."
Cox has seen only one season of "24," but she isn't rushing to watch the other five seasons yet.
"I asked professor Cox if I should do that," she laughed, "but he said not to worry about it."
(January 14, 2008)
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''24' presents a very wide range of contentious legal issues around counterterrorism... We're going to look at a range from how do we detect and prevent terrorism … to whether detainees have a right to habeas corpus.' -- Walter Gary Sharp, adjunct law professor
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