Elena Chachko
@ElenaChachko
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Assistant Professor of Law @BerkeleyLaw. Former Inaugural Rappaport Fellow @Harvard_Law, @perryworldhouse, @BelferCenter
New York, NY
Joined July 2016
After many fulfilling and challenging years at @Harvard_Law, I will be joining @BerkeleyLaw to become an assistant professor of law. I am thrilled and grateful to so many friends and mentors that got me here. And Adam already seems to like campus!
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Spoke with @NPR about presidential use of emergency authority and our present moment @BerkeleyLaw.
"This is what happens when you take an instrument that has been very useful for many administrations, for many years, and now you overextend it," says UC Berkeley Law assistant professor of law @elenachachko on presidential use of emergency powers: @NPR.
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RT @BerkeleyLaw: "This is what happens when you take an instrument that has been very useful for many administrations, for many years, and….
npr.org
Trump invoked emergency powers more times in his first 100 days than any other modern president has in that time. Experts worry it could lead to an upending of the constitutional balance of power.
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RT @nicholas_bagley: Is it a coming out party for the Law of Abundance? Or another turn on the anti-environment crank?. Last Thursday's Sup….
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RT @ZaringDavid: @ElenaChachko, @Claussen_K, and I recently completed a project assessing international regulatory cooperation by the execu….
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RT @lawfare: .@curtisabradley, @jacklgoldsmith, and @oonahathaway explore how a transparency statute for international agreements passed in….
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RT @bykatiebuehler: BREAKING: A 5-4 Supreme Court *grants* the Trump administration's emergency request to stay a Massachusetts court order….
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RT @OrinKerr: DC Circuit denies the motion for an emergency stay in the Boasberg case 2-1, with a brief order and 92 pages of concurrences….
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RT @colleen_chien: What’s happening in Federal AI law, policy & governance? We discussed @BerkeleyLaw's recent conference, covering AI EOs….
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RT @bykatiebuehler: BREAKING: A 5-4 Supreme Court won 't ax an order requiring the Trump administration to releae nearly $2 billion in froz….
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RT @nicholas_bagley: My word. Per the USAID decision: Justice Alito's dissenting opinion, taken seriously, would effectively neuter the abi….
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RT @stevenmazie: BREAKING: Supreme Court DENIES President Trump‘s emergency bid to cancel nearly $2 billion in USAID spending. The vote is….
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And yet there are serious precedent-setting effects to consider, as well as implications for European and American assets in other countries—frozen or not. The exigencies of the Ukraine situation should not obscure these concerns.
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Are we about to see this line in sanctions policy crossed? Would not be a surprise in the wake of the Trump-Zelenskyy meeting. Transferring frozen assets in the Ukraine case could strike many as an instance of “unlawful but legitimate”.
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Under international law, sanctions are supposed to be temporary and reversible. That’s why the assets are frozen, not permanently seized. Issues arise under U.S. law too. So far, sanctioning countries agreed to let Ukraine take out a loan against proceeds from the seized assets.
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Calls are getting louder to allow the transfer of Russian frozen assets to support Ukraine as the U.S. pulls back. About 250B (of roughly 300) are held in EU. When this proposal was debated before many—Biden officials included—concluded that such transfer would likely be.
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RT @jacklgoldsmith: I had forgotten until this morning about Justice Alito’s dissent in United States v. Texas, and about the Biden’s admin….
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“the executive order asserts a maximalist view of the president’s constitutional foreign affairs authority… it implies, incorrectly, that Congress has little to no role to play in the conduct of foreign affairs… The Supreme Court has long declined to affirm that view”.
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New from me and @S_R_Anders on the “one voice” executive order and presidential foreign affairs powers:.
President Trump's "One Voice for America's Foreign Relations" EO risks damaging the type of diplomatic corps previously seen as best serving U.S. interests: one loyal to the law and open to dissent, writes @S_R_Anders and @ElenaChachko.
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