Kristen Eichensehr

Member, Board of Editors

Kristen Eichensehr (@K_Eichensehr) is the David H. Ibbeken ’71 Research Professor of Law at the University of Virginia School of Law and a faculty senior fellow at UVA’s Miller Center. For the 2024-25 academic year, she is the Samuel Williston Visiting Professor of Law at Harvard Law School. Eichensehr writes and teaches about cybersecurity, foreign relations, national security and international law. Her recent work addresses national security screening of investments, separation of powers in the national security state, the attribution of state-sponsored cyberattacks, and the interaction of the Supreme Court’s major questions doctrine with U.S. international agreements.

Eichensehr is a member of the U.S. State Department’s Advisory Committee on International Law, and she serves as an adviser on the Restatement (Fourth) of the Foreign Relations Law of the United States. She also serves on the editorial boards of Just Security and the Journal of National Security Law & Policy. Eichensehr received the 2018 Mike Lewis Prize for National Security Law Scholarship for her article “Courts, Congress, and the Conduct of Foreign Relations,” and her article on “National Security Creep in Corporate Transactions” (with Cathy Hwang) was selected as one of the best corporate and securities articles of 2023 by Corporate Practice Commentator.

Prior to entering academia, Eichensehr clerked for Justices Sandra Day O’Connor and Sonia Sotomayor of the Supreme Court of the United States and for then-Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. She also served as special assistant to the legal adviser of the U.S. Department of State and practiced at Covington & Burling in Washington, D.C.

 

Articles by this author:

Frictionless Government and the National Security Constitution

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Oct 28th, 2024

Foreign Affairs Deference After Chevron

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Jun 28th, 2024

National Security Creep in Cross-Border Investments

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Sep 13th, 2022

Friction, Framing & U.S. Cybersecurity-Related Actions Against Russia

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Apr 7th, 2022

SolarWinds: Accountability, Attribution, and Advancing the Ball

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Apr 16th, 2021

“Strategic Silence” and State-Sponsored Hacking: The US Gov’t and SolarWinds

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Dec 18th, 2020

Cyberattack Attribution and International Law

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Jul 24th, 2020

Expert Summaries of Mueller Report: A Collection

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Aug 20th, 2019

Cyberattack Attribution and the Virtues of Decentralization

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Jul 3rd, 2019

What to Do with Vetoed Bills

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Mar 27th, 2019

Microsoft, Ireland, and the Rest of the World

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Feb 21st, 2018

Introducing Just Security’s Symposium on United States v. Microsoft

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Feb 15th, 2018

Three Questions on the WannaCry Attribution to North Korea

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Dec 20th, 2017

Would the United States Be Responsible for Private Hacking?

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Oct 17th, 2017

Political Parties as Critical Infrastructure?

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Jun 22nd, 2017

Will Election Hacking Split NATO?

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Mar 13th, 2017

Trump’s Dangerous Attribution Message on Russian Hacking—and How to Counter It

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Jan 10th, 2017

White House Retaliation for Russian Hacking

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Dec 29th, 2016

The Economic Incentives for International Cybersecurity Coordination

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Dec 6th, 2016

Cybersecurity, Elections, and Critical Infrastructure at Home and Abroad

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Aug 4th, 2016

Giving Up on Cybersecurity — Strategically

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Jun 6th, 2016

Deterrence by Indictment?

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Mar 24th, 2016

Security and the Internet of Things

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Feb 11th, 2016

“Your Account May Have Been Targeted by State-Sponsored Actors”: Attribution and Evidence of State-Sponsored Cyberattacks

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Jan 11th, 2016

The Supreme Court’s Foreign “Friends”

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Nov 3rd, 2015

The US-China Cyber Agreement: What’s In and What’s Out

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Sep 28th, 2015

“International Cyber Stability” and the UN Group of Governmental Experts

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Jul 14th, 2015

The OPM Hack and the New DOD Law of War Manual

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Jun 17th, 2015

DOJ Guidance on Cybersecurity Carrots and Sticks

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May 21st, 2015

Rebooting DOD’s Cyber Strategy

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Apr 27th, 2015

The Cyber Sanctions Executive Order: What Will It Do and Will It Work?

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Apr 2nd, 2015

Cybersecurity in the Intelligence Community’s 2015 Worldwide Threat Assessment

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Mar 6th, 2015