China
Mapping the China Debate
Ganesh Sitaraman Tue, May 26, 2020, 9:00 AM
To better understand the conversation on U.S. policy toward China, it’s helpful to break down hawks and doves into more precise categories.
Ganesh Sitaraman is a Professor of Law and Director of the Program on Law and Government at Vanderbilt Law School. His most recent book is The Great Democracy: How to Fix our Politics, Unrig the Economy, and Unite America.
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Trade and Security
The Power to Declare Trade War
Timothy Meyer, Ganesh Sitaraman Fri, Mar 23, 2018, 1:58 PM
On March 22, President Trump announced that his administration would impose draconian tariffs on a wide range of Chinese products, as well as restrictions on Chinese investments in the United States.
Travel Ban
National Security Exceptionalism and the Travel Ban Litigation
Ganesh Sitaraman, Ingrid Wuerth Thu, Oct 12, 2017, 3:00 PM
The focus of the travel ban litigation has shifted back to the federal district courts after Monday’s decision to dismiss Trump v. Hawaii as moot.
Counterterrorism
The National Security Consequences of Deregulation
Ganesh Sitaraman Mon, Apr 3, 2017, 8:39 AM
When most people think about regulations, they think about health, safety, and environmental rules. As part of their efforts to deregulate in these areas, the House of Representatives has passed sweeping bills that would completely transform the process that every federal agency uses to issue regulations: the Regulatory Accountability Act and the Regulations from the Executive in Need of Scrutiny (REINS) Act.
War Powers
Psychology and War Powers
Ganesh Sitaraman, David Zionts Thu, May 28, 2015, 4:00 PM
The common denominator of nettlesome war powers questions is who should make the difficult and freighted decisions about whether the nation goes to war, how it fights a war, and when it ends a war. Surprisingly, however, scholars and commentators rarely (if ever) discuss how psychological research on decisionmaking impacts the constitutional design and doctrine around war powers issues. In the last four decades, psychologists have demonstrated systematic biases in individual and group decisionmaking processes.
Scholarship
The Normalization of Foreign Relations Law
Ingrid Wuerth, Ganesh Sitaraman Tue, May 12, 2015, 1:15 PM
Is foreign relations law really so different from the law governing domestic affairs? Should it be? We have a new article out this week in the Harvard Law Review that engages these questions in the context of the arc of foreign relations law over the last quarter-century.
Many, if not most, scholars believe that exceptionalism — the belief that legal issues arising from foreign relations are functionally, doctrinally, and even methodologically distinct from those arising in domestic policy — has defined foreign relations law.
Jus ad Bellum/UN Charter/Sovereignty
War Powers, Red Lines, and Credibility
Lawfare Staff, Ganesh Sitaraman Wed, Jan 15, 2014, 4:30 PM
Last fall, during the debate on airstrikes in Syria, commentators argued that the United States needed to act in order to preserve the credibility of American threats.