Kristen Eichensehr

Assistant Professor of Law

  • A.B. Harvard University, 2004
  • M. Phil. University of Cambridge, 2005
  • J.D. Yale Law School, 2008

Kristen Eichensehr is an Assistant Professor at UCLA School of Law. She writes and teaches about cybersecurity, foreign relations, separation of powers, and national security law. Her recent scholarship has appeared or is forthcoming in the University of Pennsylvania Law Review, University of Chicago Law Review, Virginia Law Review, Texas Law Review, and Georgetown Law Journal. She received the 2018 Mike Lewis Prize for National Security Law Scholarship for her article, "Courts, Congress, and the Conduct of Foreign Relations."

Before joining the UCLA faculty, Eichensehr clerked for Justices Sandra Day O’Connor and Sonia Sotomayor of the Supreme Court of the United States and for Chief Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. Eichensehr also served as Special Assistant to the Legal Adviser of the U.S. Department of State and practiced at Covington & Burling LLP in Washington, D.C., where she specialized in appellate litigation, international and national security law, and cybersecurity issues.

Eichensehr received her J.D. from Yale Law School, where she served as executive editor of the Yale Law Journal and articles editor of the Yale Journal of International Law. She holds an A.B. in Government from Harvard University and an M.Phil. in International Relations from the University of Cambridge. Eichensehr is a former term member of the Council on Foreign Relations, a former visiting fellow at the Hoover Institution, an affiliate at the Stanford Center for International Security and Cooperation, and an affiliate scholar at the Center for Internet and Society at Stanford Law School. She is a frequent contributor to and member of the editorial board of the national security blog, Just Security.

Bibliography

  • Selected Publications & Works In Progress
    • The Law & Politics of Cyberattack Attribution, 67 UCLA Law Review (forthcoming 2020). Full Text
    • Digital Switzerlands, 167 Univ. of Pennsylvania Law Review (2019). Full Text
    • Decentralized Cyberattack Attribution, 113 American Journal of International Law Unbound (2019). Full Text
    • International Decision, Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (U.S. 2018), 112 American Journal of International Law (2019). Full Text
    • Courts, Congress, and the Conduct of Foreign Relations, 85 Univ. of Chicago Law Review (2018). Full Text
    • Data Extraterritoriality, 95 Texas Law Review See Also (2017). Full Text
    • Public-Private Cybersecurity, 95 Texas Law Review (2017). Full Text
    • Giving Up on Cybersecurity, 64 UCLA Law Review Discourse (2016). Full Text
    • Foreign Sovereigns as Friends of the Court, 102 Virginia Law Review (2016). Full Text
    • The Cyber-Law of Nations, 103 Georgetown Law Journal (2015). Full Text
    • Cyberwar and International Law Step Zero, 50 Texas International Law Journal (2015). (Invited symposium contribution.) Full Text
    • Review of The Tallinn Manual on the International Law Applicable to Cyber Warfare (Michael N. Schmitt ed., 2013), 108 American Journal of International Law 585 (2014).  Full Text | EScholarship
    • Treaty Termination and the Separation of Powers, 53 Virginia Journal of International Law (2013). Full Text
    • Treason in the Age of Terrorism: An Explanation and Evaluation of Treason’s Return in Democratic States, 42 Vanderbilt Journal of Transnational Law (2009). Full Text
    • (edited by Kristen Eichensehr and W. Michael Reisman, Brill, 2009).
    • Note, Defending Nationals Abroad: Assessing the Lawfulness of Forcible Hostage Rescues, 48 Virginia Journal of International Law (2008). Full Text
    • Comment, On Target? The Israeli Supreme Court and the Expansion of Targeted Killings, 116 Yale Law Journal (2007). Full Text
    • Treason’s Return, 116 Yale Law Journal Pocket Part (2007). Full Text
    • Note, Targeting Tehran: Assessing the Lawfulness of Preemptive Strikes Against Nuclear Facilities, 11 UCLA Journal of International Law & Foreign Affairs (2007). Full Text