Experts

Kristen Eichensehr

Fast Facts

  • Former director, National Security Law Center at the University of Virginia School of Law
  • Clerked for Supreme Court Justices Sandra Day O’Connor and Sonia Sotomayor
  • Expertise on cybersecurity, foreign relations, international law, and national security law

Areas Of Expertise

  • Foreign Affairs
  • American Defense and Security
  • Domestic Affairs
  • Law and Justice
  • Science and Technology

Kristen 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 2024-25, she is a visiting professor 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.

Kristen Eichensehr News Feed

Ashley Deeks and Kristen Eichensehr discuss their forthcoming law review article, “Frictionless Government and Foreign Relations,” which focuses on the dangers that can arise in moments where there appears to be broad consensus on a particular set of policies.
Ashley Deeks, Kristen Eichensehr Lawfare
The disappearance of partisan, interbranch, and interagency checks can amplify cognitive biases that often arise in decision making, including groupthink, and result in governmental actions that spark or escalate conflict, trigger actions by U.S. adversaries that undercut U.S. security goals, and unlawfully target domestic constituencies perceived to be linked to foreign adversaries.
Ashley Deeks, Kristen Eichensehr Just Security
GH America’s lawsuit, as well as the challenges to Montana’s TikTok ban and the Florida law, are “pressing on the question of how much can states do and how much are courts going to allow states to act in an area that’s traditionally quite federal," says Kristen Eichensehr, professor at the University of Virginia School of Law.
Kristen Eichensehr Forbes
Professor Kristen Eichensehr, who directs the school’s National Security Law Center and is a faculty senior fellow at UVA’s Miller Center, said in an op-ed that Loper Bright “may continue the court’s pattern of sending shock waves through parts of administrative law.”
Kristen Eichensehr University of Virginia School of Law
The Supreme Court has overruled Chevron v. Natural Resources Defense Council, finally interring a doctrine of statutory interpretation that it had narrowed and largely abandoned in recent years
Kristen Eichensehr Just Security
University of Virginia School of Law professors Kristen Eichensehr and Cathy Hwang’s paper analyzing the growing role of national security in corporate transactions has been named one of the top 10 corporate and securities law articles of 2023.
Kristen Eichensehr UVA Law