National Security Law Center

About the Program

The Law School’s National Security Law Center allows students to study the most pressing issues in national security law and to explore the wide range of career opportunities available in the field. Our course offerings provide the constitutional and statutory foundations of national security law, but also address contemporary challenges flowing from new technologies, terrorism and geopolitical changes. The center is the hub for national security law activities at the Law School, and cooperates with student groups, faculty members, the Public Service Center and Career Development, and outside organizations to coordinate speakers, events, summer and postgraduate employment, and pro bono opportunities. A leader in national security law since 1981, we take advantage of our proximity to the Judge Advocate General’s Legal Center and School and the wide range of national security practitioners in Washington, D.C., to enrich the Law School’s course offerings with expert speakers from government and policy groups.

Tax Sanctions and the Russia/Ukraine Conflict

Andrew Hayashi

Ashley S. Deeks

The Russian invasion of Ukraine in 2022 provoked the imposition of economic sanctions that are unprecedented in their swiftness, severity, and novelty...

National Security AI and the Hurdles to International Regulation

Ashley S. Deeks

States are increasingly turning to artificial intelligence systems to enhance their national security decision-making. The real risks that states will...

National Security Creep in Corporate Transactions

Kristen Eichensehr

Cathy Hwang

National security review of corporate transactions has long been a relatively sleepy corner of regulatory policy. But as governments merge economic...

Seizing Russian Assets

Paul B. Stephan

This article analyses those hurdles, which are different for privately owned property such as oligarch yachts and state property such as bank deposits...

Coding the Law of Armed Conflict: First Steps

Ashley S. Deeks

Machine learning algorithms hold out the promise of making sense of vast quantities of information, detecting patterns, and identifying anomalies...

Defend Forward and Cyber Countermeasures

Ashley S. Deeks

When a state suffers an internationally wrongful act at the hands of another state, international law allows the injured state to respond in a variety...

Faculty Director

Kristen Eichensehr

Professor of Law

Director, National Security Law Center

Resident Faculty

Aditya Bamzai

Administrative law, civil procedure, computer crime, federal courts, national security law

Served as an attorney-adviser in the Office of Legal Counsel at the Department of Justice
Practice appellate litigation privately and for DOJ's National Security Division
Clerked for Justice Antonin Scalia at the U.S. Supreme Court

Kristen Eichensehr

Cybersecurity, foreign relations, international law and national security law

Clerked for U.S. Supreme Court Justices Sandra Day O’Connor and Sonia Sotomayor and for Judge Merrick Garland of the U.S. Court of Appeals for the D.C. Circuit
Served as a special assistant to the State Department legal adviser and practiced appellate and national security law, including advising on cybersecurity issues, at Covington & Burling in Washington, D.C.
Eichensehr’s recent scholarship focuses on the constitutional powers of the president and Congress in foreign relations law, the role of private actors in cybersecurity, and the development of international law to govern state behavior in cyberspace

Ashley S. Deeks

International law and litigation, national security, law of war

Served as White House associate counsel and deputy legal adviser to the National Security Council, 2021-22
Served as the assistant legal adviser for political-military affairs in the U.S. Department of State’s Office of the Legal Adviser
Embassy legal adviser at the U.S. embassy in Baghdad in 2005, during Iraq’s constitutional negotiations
Since joining the Law School in 2012, has been frequently quoted in the national media on topics such as legal justifications for war, the Edward Snowden affair and the use of cyber and drone warfare.

John C. Harrison

Administrative law, constitutional law and history

Clerked for Judge Robert Bork on the U.S. Court of Appeals for the District of Columbia Circuit
Served as counselor on international law in the Office of the Legal Adviser, U.S. Department of State (2008)
Worked with the Department of Justice in numerous capacities, including deputy assistant attorney general in the Office of Legal Counsel (1990-93)
A text-based interpreter of the Constitution, in 2009 Harrison testified before Congress about the legality and powers of the White House policy advisers referred to as "czars."

Thomas B. Nachbar

Constitutional law, antitrust and communications regulation, national security

Clerked for Judge Frank H. Easterbrook of the U.S. Court of Appeals for the Seventh Circuit
Practiced with what is now Mayer Brown in Chicago
Is a U.S. Army Reserve judge advocate, and was a principal editor and contributor for the first three editions of "The Rule of Law Handbook: A Practitioners’ Guide" (2007-09)
Before he went to law school, Nachbar spent five years as a systems analyst, working for both Andersen Consulting and Hughes Space and Communications.

Saikrishna Prakash

Separation of powers, presidential powers, constitutional law

Clerked for U.S. Supreme Court Justice Clarence Thomas and for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit
A frequent commentator in the media on presidential power, Prakash is the author of "Imperial from the Beginning: The Constitution of the Original Executive."
Among Prakash's articles are "How to Remove a Federal Judge," and "The Executive Power Over Foreign Affairs." (Scholarship Profile)

George Rutherglen

Employment discrimination, civil rights and admiralty, civil procedure and international civil litigation

Clerked for U.S. Supreme Court Justices William O. Douglas and John Paul Stevens, and forJudge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit
Chaired the advisory committee on Fourth Circuit Rules
Rutherglen's book, "Civil Rights in the Shadow of Slavery," discusses the dynamics of legislative and judicial enforcement over the entire history of the Civil Rights Act of 1866. (Story)

Lawrence B. Solum

Legal theory, constitutional theory, procedure, philosophy of law

His series of articles on constitutional originalism have shaped contemporary thinking about the debate between originalism and constitutional theory
Editor of Legal Theory Blog, an influential weblog that focuses on developments in contemporary normative and positive legal theory
Also works on problems of law and technology, including Internet governance, copyright policy and patent law

Paul B. Stephan

International law, business and economics

Clerked for U.S. Supreme Court Justice Lewis F. Powell, Jr. and for Judge Levin Campbell of the U.S. Court of Appeals for the First Circuit
Has taught extensively abroad (Story)
Worked on a variety of projects involving law reform in former socialist states after the collapse of the Soviet Union, including Russia, Georgia, Ukraine, Albania and Slovakia on behalf of the U.S. Treasury, and in Kazakhstan and Azerbaijan on behalf of the International Monetary Fund
Helped win case against Russian government's seizure of oil company (Story)
Is the coordinating reporter on the Fourth Restatement, providing guidance on foreign relations law (Story)

Danielle K. Citron

Privacy, First Amendment, feminism and the law, civil rights, administrative law

Named a 2019 MacArthur Fellow for her work on cyberstalking and intimate privacy
Adviser to then-California Attorney General Kamala Harris on privacy issues and a member of her Cyber Exploitation Task Force (2014-16)
Vice president of the Cyber Civil Rights Initiative, a nonprofit dedicated to protecting civil rights and liberties in a digital age
Gave TED talk “How Deepfakes Undermine Truth and Democracy” that has had over 1.9 million views
Clerked for U.S. District Court Judge Mary Johnson Lowe of the Southern District of New York

Other Faculty

Brian J. Bill

Abraham Sutherland

Courses and Seminars

The following is a list of courses offered during the current and two previous academic years. Numbers in parentheses indicate which academic year(s) the courses were offered, i.e., 2020-21 is coded (21), 2021-22 is coded (22) and 2022-23 is coded (23). (SC) stands for short course and (YR) stands for yearlong.

Admiralty (SC) (21,22)

Advanced Topics in the Law of Armed Conflict (JAG) (SC) (21,22)

An American Half-Century (21,22,23)

Border Policy and Politics (22,23)

Building the Rule of Law (SC) (21)

Cryptocurrency Regulation (SC) (21)

Cybersecurity Law and Policy (23)

Foreign Relations Law (21,22,23)

Innovating for Defense (21,22,23)

International Human Rights Law (21,22,23)

International Law (21,22,23)

International Law and the Use of Force (21,23)

International Law of Migration and Refugees (21)

Law of Armed Conflict (21,23)

National Security Law (21,22,23)

National Security Law and Practice (SC) (21)

Personal Data Protection in Europe (SC) (23)

Presidential Powers (21,22)

Sanctions and Boycotts (SC) (21,22,23)

War by Other Means: The Law of Economic and Financial Sanctions (SC) (23)

World War I (21,22)

Schools and Research Centers

U.S. Army Judge Advocate General’s Legal Center and School

UVA Law students can take certain courses at the neighboring Judge Advocate General’s Legal Center and School, and JAG officers serving in Charlottesville frequently coach UVA Law students serving on trial advocacy teams and in other kinds of competitions.

Professor Thomas B. Nachbar, senior fellow with the center, is a judge advocate in the U.S. Army Reserve, where he has, among other assignments, edited an Army handbook on the development of legal systems, trained Palestinian security forces in the West Bank and deployed to Iraq.

Related UVA Schools and Centers

Frank Batten School of Leadership and Public Policy

The Batten School is committed to solving the world’s toughest policy challenges. Its multidisciplinary approach to problem-solving and emphasis on ethics reinforce the school’s focus on how leadership works, why context matters in decision-making and which actions lead to tangible results. J.D.-M.P.P. Program

School of Data Science

The School of Data Science — the first of its kind in the nation — is guided by common goals: to further discovery, share knowledge, and make a positive impact on society through collaborative, open, and responsible data science research and education. Founded in 2019 through the largest gift in UVA history, the school positions the University and the community to play a national and international leadership role in the global digital future.

The Miller Center

The Miller Center is a nonpartisan affiliate of the University of Virginia that specializes in presidential scholarship, public policy and political history, and strives to apply the lessons of history and civil discourse to the nation's most pressing contemporary governance challenges.

Student Organizations

John Bassett Moore Society of International Law

The J.B. Moore Society is a driving force in international law activities at the Law School. Each year the society hosts a symposium on topics such as the war on terror or corruption in foreign governments, as well as a lunch lecture series in which international law faculty and foreign graduate students present papers. The society also sponsors the Jessup International Law Moot Court team and pro bono human rights projects. Website

Law, Innovation, Security & Technology

LIST focuses on the novel legal, policy and business problems caused by the recent proliferation of emerging technologies. It educates students about issues in the area; prepares them with practical skills and experience to enter the legal workforce; connects them to a network of mentors, experts and resources; and collaborates with the policy, business and technology communities. Recent areas of focus have included cyber crime, net neutrality and autonomous vehicles, among others. Website

National Security Law Forum

National Security Law Forum connects UVA law students with national security law and broader government issues by hosting speakers, educating students about career opportunities and facilitating student work on national security problems during law school. The forum seeks to produce the next generation of national security law leaders by engaging the school’s faculty, alumni network and connections with the national security community.

Virginia Journal of International Law

Now in its fifth decade, the Virginia Journal of International Law is the oldest continuously published, student-edited law review in the United States devoted exclusively to the fields of public and private international law. It is the most frequently cited student-edited journal of international and comparative law, and the third-most-frequently cited student-edited specialty journal of any kind. Website

Virginia Journal of Law & Technology

UVA Law's only e-journal, VJoLT, provides a forum for students, professors and practitioners to discuss emerging issues at the intersection of law and technology. Recent issues of the journal have included articles on biotechnology, telecommunications, e-commerce, internet privacy and encryption. Website

Virginia Law Veterans

Virginia Law Veterans supports student members of the military community and serves as an information resource for anyone conducting research on national security or international law and policy issues. Membership is open to any interested person and does not require any past or present tie to the military. Website

Career Opportunities

Students have access to a range of job opportunities relating to national security law, and in the past have worked for the following employers during the summer or immediately after graduation:

CIA
National Security Agency
U.S. Department of Defense Office of General Counsel
U.S. Department of Defense, Office of Military Commissions
U.S. Department of Justice, National Security Law Division
U.S. Department of Justice, Criminal Division (various sections)
U.S. Department of State
U.S. Court of Appeals for the Armed Forces
U.S. Army
U.S. Navy
ACLU National Security Project
U.S. Transportation Security Administration
U.S. Department of Homeland Security (Homeland Security Investigations, Human Rights Violator and War Crimes Center)

Students and graduates also benefit from an extensive alumni network.

Fellowships

Monroe Leigh Fellowship in International Law

The fellowship provides a total of $10,000 for one or more students to pursue a public international law project of their own choosing during the summer following the first or second year, during the fall and/or spring of the third academic year, or for a postgraduate internship. Application Information

Summer Public Service Opportunities

The Law School, in conjunction with the student-run Public Interest Law Association, offers $3,750 to $6,500 grants to help fund a broad array of summer public interest opportunities, including with federal agencies. Where Recent Fellows Worked

Virginia-Duke Foreign Relations Roundtable

The President’s Delegated Foreign Affairs Powers

Friday, Feb. 26, 2021

This roundtable will explore the general tradeoffs between the need for Congress to delegate authority in the foreign relations sphere and the difficulty that Congress and the courts face in ensuring that the Executive remains faithful to those delegations. More

2021 Cybersecurity Speaker Series

Sponsored by the National Security Law Center; Law, Innovation, Security & Technology; and the National Security Law Forum

A cybersecurity speaker series will explores the challenges cybersecurity poses for governments, private actors, and civil society and how U.S., foreign and international law tackle cybersecurity problems. The series will discuss what to expect on cybersecurity law and policy in the new Biden administration, and will feature current and former U.S. government officials, in-house and outside counsel, and academic and civil society experts. This series is open to the UVA community as well as invited national security law faculty and professionals.

U.S. Government Perspectives on Cybersecurity

Monday, Feb. 8
10:45 a.m.-12:15 p.m. EST

Zoom details

Experts will discuss the tools the U.S. federal government has deployed to address cybersecurity threats, including indictments, sanctions and the U.S. Department of Defense “defend forward” strategy and consider how government policy may change in the near term.

Panelists:

Gary Corn, Director, Tech, Law & Security Program, American University Washington College of Law; former Staff Judge Advocate to U.S. Cyber Command
Andrew Grotto, William J. Perry International Security Fellow at Stanford University and Director of the Program on Geopolitics, Technology and Governance at the Stanford Cyber Policy Center; former Senior Director for Cyber Policy, National Security Council
Kimberley Raleigh, Deputy Chief of the Office of Law and Policy, National Security Division, U.S. Department of Justice

The Private Sector’s Role in Cybersecurity Challenges

Monday, Feb. 15
11 a.m.-12:15 p.m. EST

Zoom details

This panel will highlight the role that in-house and outside counsel play in addressing cybersecurity threats to the private sector, as well as considering applicable U.S. and foreign (especially EU) regulatory regimes and the relationship between the private sector and governments more broadly.

Panelists:

Cristin Goodwin, Assistant General Counsel of the Digital Security Unit, Microsoft Corp.
Sean Joyce, Principal, U.S. and Global Cybersecurity and Privacy Practice Leader, PwC; former Deputy Director, FBI
Ronald Lee, Partner, Arnold & Porter; former General Counsel, U.S. National Security Agency
Kimberly Peretti, Partner; Co-Chair of Privacy, Cyber and Data Stratagy Team and National Security and Digital Crimes Team, Alston & Bird; former litigator in U.S. DOJ’s Computer Crime and Intellectual Property Section

Cybersecurity and Emerging Technologies

Monday, Feb. 22
11 a.m.-12:15 p.m. EST

Zoom details

This panel will explore the cybersecurity challenges posed by emerging technologies and how new technologies might improve cybersecurity, while also examining related issues like disinformation and artificial intelligence.

Panelists:

Nathaniel Gleicher, Head of Cybersecurity Policy, Facebook; former Director of Cybersecurity Policy, National Security Council
Brenda Leong, Senior Counsel and Director of Artificial Intelligence and Ethics, Future of Privacy Forum
Riana Pfefferkorn, Research Scholar, Stanford Internet Observatory; former Associate Director of Surveillance and Cybersecurity, Stanford Center for Internet and Society
Moderator: Kristen Eichensehr, Martha Lubin Karsh and Bruce A. Karsh Bicentennial Professor of Law; Director, National Security Law Center; University of Virginia School of Law

National Security Law Center

Virginia-Duke Foreign Relations Roundtable

The President’s Delegated Foreign Affairs Powers

Friday, Feb. 26, 2021

2021 Cybersecurity Speaker Series

U.S. Government Perspectives on Cybersecurity

Monday, Feb. 8 10:45 a.m.-12:15 p.m. EST

The Private Sector’s Role in Cybersecurity Challenges

Monday, Feb. 15 11 a.m.-12:15 p.m. EST

Cybersecurity and Emerging Technologies

Monday, Feb. 22 11 a.m.-12:15 p.m. EST

Monday, Feb. 8
10:45 a.m.-12:15 p.m. EST

Monday, Feb. 15
11 a.m.-12:15 p.m. EST

Monday, Feb. 22
11 a.m.-12:15 p.m. EST