Lawfare Daily: Frictionless Government and Foreign Relations, with Ashley Deeks and Kristen Eichensehr
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 19 December 2024
⏱️ 48 minutes
🧾️ Download transcript
Summary
For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with Ashley Deeks, a professor at the University of Virginia School of Law, and Kristen Eichensehr, also a professor at the University of Virginia School of Law, but currently a visiting professor at Harvard Law School, to 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.
They discussed what constitutes frictionless government, where it might exist on the present policy terrain, the risks such circumstances can entail, and strategies policymakers can embrace for managing them.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
| 0:04.4 | To access an ad-free version of the Lawfare podcast, become a material supporter of Lawfare |
| 0:10.8 | at patreon.com slash lawfare. That's patreon.com slash lawfare. |
| 0:18.2 | Also, check out Lawfare's other podcast offerings, Rational Security, Chatter, |
| 0:25.2 | Lawfare No Bull, and The Aftermath. |
| 0:31.2 | Is part of the problem locking in the policy at the time that you're locking it in? |
| 0:36.8 | That is, you know, for those historical |
| 0:39.3 | examples, the very short aftermath of the armed conflict. And I think the answer is yes. I do think |
| 0:46.7 | that that's part of the problem that we're concerned about. It's the Lawfare podcast. I'm |
| 0:53.3 | senior editor Scott R. Anderson with Ashley Deeks and |
| 0:56.2 | Kristen Eichens here, both professors at the University of Virginia School of Law. So we're not saying |
| 1:02.3 | that frictionlessness is the only way policy goes bad in foreign relations or national security. |
| 1:06.5 | That's definitely not the case. But we're saying even in cases where we think this is legally simple, |
| 1:12.6 | there's still problematic consequences that can flow from it. |
| 1:16.1 | Today, we're talking about their new article on the risks of fictionless government in foreign relations. |
| 1:22.1 | So we are here to discuss a very interesting article on a topic that is, I think, on a lot of people's minds as we |
| 1:29.4 | approach this next Congress in January where we're getting a new presidential administration, |
| 1:33.5 | although maybe not in the same way people are thinking. We're entering into this era of |
| 1:38.4 | single-party government where both houses of Congress and the White House are going to be controlled |
| 1:43.4 | by the same party. |
| 1:44.9 | Not an unknown phenomenon, something we had just two cycles ago, one Congress ago, on the other |
| 1:49.9 | side with the Democrats, now it's going to be with the Republicans. |
... |
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