Ganesh Sitaraman

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Ganesh Sitaraman is a Professor of Law at Vanderbilt Law School and a Senior Fellow at the Center for American Progress. His new book is The Crisis of the Middle-Class Constitution: Why Economic Inequality Threatens Our Republic.

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Counterterrorism

The National Security Consequences of Deregulation

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

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

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.