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Elena Chachko

@elenachachko.bsky.social
4K followers 466 following 30 posts

Law professor @Berkeley Law. Inaugural Rappaport Fellow @Harvard Law. Writing and teaching about law, geopolitics, administration and technology.

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Reposted by Elena Chachko
Ben Heath @jbentonheath.bsky.social · 17/08/2026
I've posted my first systematic attempt to make sense of the past 20 months, as well as what came before. It's a work in progress, so please do hit me up with comments, objections, and screeds. The abstract (w/ alt text) is here. Some acknowledgments & refs in 🧵.1/x papers.ssrn.com/sol3/papers....
This paper argues that the second Trump administration is crystallizing a new phase of U.S. state-building-the Chokepoint State. In the Chokepoint State, state capacity is directed toward creating and controlling key nodes in financial and data networks, with the aim of using that control to punish adversaries, reward allies, and set new rules of the road. This stage in American state-making builds on earlier legal and administrative innovations, but it operates according to its own logic. In the Chokepoint State, actors that control nodes in economic and information networks can use their power to impose new, quasi-legal norms that do not derive from any ordinary lawmaking process. The second Trump administration's grab for power has depended heavily on the techniques of the Chokepoint State, but those techniques precede Trump and have been used by administrations from both major U.S. parties. The paper further argues that resistance in the Chokepoint State requires a combination of strategies to tame the state's discretion from within, while using countervailing power to build zones of sanctuary that exist outside the state's unbridled control.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7300179
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UC Berkeley Law @ucberkeleylaw.bsky.social · 06/04/2026
Join Andrew Tutt (Counsel at Arnold & Porter) and Professors @elenachachko.bsky.social and David Singh Grewal for a discussion on the Learning Resources v. Trump case and its implications for presidential power & U.S. trade. Lunch provided on a first come, first served basis: bit.ly/4dsAsbe
law.berkeley.edu
Emergency Powers & Trade after the Supreme Court's Learning Resources Decision
In the landmark case of Learning Resources v. Trump, the Supreme Court held that the President could not rely on an emergency statute to implement his aggressive tariff policies. Join […]
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Just Security @justsecurity.org · 20/01/2026
When is it justified for the EU to rely on emergency measures to protect Ukraine and counter Russia? @elenachachko.bsky.social and Katerina Linos present a framework for answering that question: www.justsecurity.org/129157/eu-em...
justsecurity.org
The EU Discovers Emergency Powers: Russian Assets Edition
When is it justified for the EU to rely on emergency measures to protect Ukraine and counter Russia?
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UC Berkeley Law @ucberkeleylaw.bsky.social · 17/12/2025
“There are serious questions on both the domestic law front and international law front,” Professor Elena Chachko (@elenachachko.bsky.social) told @reuters.com: www.reuters.com/world/americ... #BerkeleyLaw
reuters.com
Trump orders 'blockade' of sanctioned oil tankers leaving, entering Venezuela
This is Washington's latest move to increase pressure on Nicolas Maduro's government, targeting its main source of income.
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Francisco J. Quintana @fjquintana.com · 07/11/2025
Delighted to see JIEL 28(3) out in the world, which includes my article 'Dollar Dominance, De-Dollarisation, and International Law'. The rest of the issue is packed with sharp work (inc @jbentonheath.bsky.social, @dcpeat.bsky.social, @elenachachko.bsky.social). academic.oup.com/jiel/article...
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Elena Chachko @elenachachko.bsky.social · 20/10/2025
The great @abenewman.bsky.social and I have a new paper in JIEL titled Building Norms of Economic coercion. It's a roadmap for thinking about the legitimacy of different instances of economic coercion, from unilateral sanctions to the tariff wars. Link below
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UC Berkeley Law @ucberkeleylaw.bsky.social · 02/09/2025
Listen: Assistant Professor Elena Chachko @elenachachko.bsky.social on BBC's Wake Up to Money discussing the recent U.S. Court of Appeals ruling on President Trump's tariffs: www.bbc.com/audio/play/m... #UCBerkeleyLaw
bbc.com
BBC Audio | Wake Up to Money | Drug costs and tariffs lost?
Will Bain has the latest after an another eventful weekend for trade and geopolitics.
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Lawfare @lawfaremedia.org · 14/07/2025
On Friday, the State Department began firing over 1,000 employees. In Feb, @SrAnderson.bsky.social and @ElenaChachko.bsky.social explained President Trump's "One Voice" executive order which asserted broad presidential prerogative over foreign affairs. www.lawfaremedia.org/article/one-...
lawfaremedia.org
‘One Voice’ and the Trump Administration’s Conduct of Foreign Affairs
A new executive order deploys a contested theory of presidential authority—and uses it to target the public servants responsible for conducting America’s foreign relations.
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Elena Chachko @elenachachko.bsky.social · 09/06/2025
Spoke with @npr.org about presidential use of emergency authority and our present moment @ucberkeleylaw.bsky.social
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UC Berkeley Law @ucberkeleylaw.bsky.social · 09/06/2025
"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 @elenachachko.bsky.social, assistant professor of law at UC Berkeley Law on presidential use of emergency powers www.npr.org/2025/06/09/n... @npr.org
npr.org
What Trump's national emergencies could mean for American democracy
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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Steve Vladeck @stevevladeck.bsky.social · 05/03/2025
By 5-4 vote, #SCOTUS *denies* Trump’s emergency application in foreign aid funding cases, but in a way that sends things back to the district court *before* the payments will have to be made: www.supremecourt.gov/opinions/24p...
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Elena Chachko @elenachachko.bsky.social · 04/03/2025
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 unlawful.
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Executive Functions @execfunctions.org · 02/03/2025
Read today's Executive Functions Morning Roundup: the next round in the battle over the admin's effort to fire Hampton Dellinger, more demotions for DOJ prosecutors, commentary from @sranderson.bsky.social and @elenachachko.bsky.social, and more (first three stories below). tinyurl.com/a9pz5834
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UC Berkeley Law @ucberkeleylaw.bsky.social · 28/02/2025
‘One Voice’ and the Trump Administration’s Conduct of Foreign Affairs www.lawfaremedia.org/article/one-... by Prof @elenachachko.bsky.social and @sranderson.bsky.social @lawfare.bsky.social
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Elena Chachko @elenachachko.bsky.social · 13/02/2025
Interesting choice of language there with “one voice”… www.whitehouse.gov/presidential...
whitehouse.gov
One Voice for America's Foreign Relations
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
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Harlan G. Cohen @harlangcohen.bsky.social · 13/02/2025
Looking to make sense of our world of sanctions and economic statecraft? (Yeah, me too!) Next Friday, February 21 at @fordhamlawnyc.bsky.social, the Fordham International Law Journal symposium on Economic Sanctions: go.activecalendar.com/FordhamUnive...
go.activecalendar.com
The Fordham International Law Journal Spring Symposium : Economic Sanctions and the Law: Goals, Enforcement, and Procedural and Substantive Limits
The Fordham International Law Journal Spring Symposium : Economic Sanctions and the Law: Goals, Enforcement, and Procedural and Substantive Limits
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Eric Lipton NYT @ericlipton.nytimes.com · 11/02/2025
"PAUSING FOREIGN CORRUPT PRACTICES ACT ENFORCEMENT TO FURTHER AMERICAN ECONOMIC AND NATIONAL SECURITY" (?????)
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Elena Chachko @elenachachko.bsky.social · 05/02/2025
For BBC radio, some analysis of President Trump’s executive orders imposing tariffs and eliminating the de minimis exception for products from China, Mexico and Canada (the latter two on hold). Around the halfway point: bbc.co.uk/sounds/play/... @ucberkeleylaw.bsky.social
bbc.co.uk
Wake Up to Money - Not always as easy as ABC - BBC Sounds
Sean Farrington gets reaction to disappointing trading results from Google parent Alphabet
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Bridget Dooling @bridgetdooling.bsky.social · 25/01/2025
Quick blog post to share some great explainers on agency heads, our civil service, and Trump's early actions. Highlighting series from @theconversation.com & @washingtonpost.com and @nicholasbednar.bsky.social's excellent explainers @lawfare.bsky.social. www.yalejreg.com/nc/agency-he...
yalejreg.com
Agency Heads, Civil Servants, and Trump - Yale Journal on Regulation
This is a quick post to share some easy-to-read explainers about what different agency heads and civil servants do, how the civil service works, and Trump’s early and antagonistic actions towards our ...
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Chris Walker @chrisjwalker.bsky.social · 22/01/2025
Attn #adlaw nerds: Call for Papers for Tenth Annual Administrative Law New Scholarship Roundtable here @umichlaw.bsky.social 5/19-5/20: www.yalejreg.com/nc/call-for-...
yalejreg.com
Call for Papers: Tenth Annual Administrative Law New Scholarship Roundtable - Yale Journal on Regulation
The University of Michigan Law School is very pleased to host the Tenth Annual Administrative Law New Scholarship Roundtable on May 19-20, 2025. For the past nine years, the Roundtable has offered adm...
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Elena Chachko @elenachachko.bsky.social · 21/01/2025
Also, among the Biden EOs rescinded: Executive Order 14094 (Modernizing Regulatory Review). Big Biden effort to revamp WH (OIRA) review of significant regulations. @YaleJREG held a symposium on that EO when it was issued in 2023. yalejreg.com/topic/symposiu…
yalejreg.com
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Elena Chachko @elenachachko.bsky.social · 21/01/2025
For ad law folks - among the dozens of EOs issued there’s also one formalizing the structure of what has so far been known as DOGE. It’s going to be an office within the EEOP, not a full fledged agency, with broad access to agency infrastructure. One implication: administrator needn’t be confirmed.
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Jack Goldsmith @jacklgoldsmith.bsky.social · 18/12/2024
Starting a new (free) substack today with Bob Bauer, called "Executive Functions." We're covering executive power issues in detail. Welcome here: executivefunctions.substack.com/p/welcome-to... Please subscribe here: executivefunctions.substack.com/subscribe First substantive piece tomorrow.
executivefunctions.substack.com
Welcome to Executive Functions
Today we begin this (free) Substack newsletter, Executive Functions, devoted to coverage of presidential and broader executive power issues.
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Rick Hasen @rickhasen.bsky.social · 18/12/2024
As Supreme Court Sets TikTok Case for Oral Argument, Senator McConnell, Champion of First Amendment in Citizens United, Files Amicus Brief Saying Government Can Shut Down Platform to stop “deployment of subversive enemy propaganda through algorithmic curation.” electionlawblog.org?p=147883
electionlawblog.org
As Supreme Court Sets TikTok Case for Oral Argument, Senator McConnell, Champion of First Amendment in Citizens United, Files Amicus Brief Saying Government Can Shut Down Platform to stop "deployment ...
Quite the amicus brief from the purportedly free-speech Senator McConnell. The Supreme Court set a very expedited schedule for oral argument in the TikTok case (unlike its dilatory tactics in the Trum...
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UChicago Law @uchicagolaw.bsky.social · 11/12/2024
The Supreme Court has “signalled that entities operating platforms have First Amendment interests,” Prof. Aziz Huq told @financialtimes.com about the TikTok ruling, adding that the Court has also been “open to freedom of speech limits in the context of national security.”
buff.ly
Can Donald Trump save TikTok?
Video app owned by China’s ByteDance is hoping for a lifeline to avoid being sold or shut down in the US
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Harlan G. Cohen @harlangcohen.bsky.social · 11/12/2024
...and logic. Allowing sanctioned states to rebalance would defeat the point of sanctions. FWIW, I wrestle with the problem in academic.oup.com/jiel/article..., suggesting a two track approach, with sanctions fitting better into something like XX.
academic.oup.com
Toward best practices for trade-security measures
Abstract. The global economy is increasingly being weaponized. Citing security concerns from traditional defence to economic competitiveness, health emerge
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Chris Geidner @chrisgeidner.bsky.social · 10/12/2024
BREAKING: Federal judge blocks Biden admin rule allowing DACA recipients to get health insurance on the ACA marketplace exchanges in 19 GOP-led states that sued. Judge Daniel Traynor, a Trump appointee in North Dakota, issued the ruling: storage.courtlistener.com/recap/gov.us...
case captionCONCLUSION
I1 40] The Court has reviewed the record, relevant caselaw, and arguments of the parties. For the above stated reasons, Plaintiffs' Motions for Preliminary Injunction and Stay (Doc. No. 35) are GRANTED. Defendants are preliminary enjoined from enforcing the Final Rule against the 19
Plaintiff States. As a result, Plaintiffs' Motion for Temporary Restraining Order (Doc. No. 105) is
MOOT. Defendants' Motions to Dismiss (Doc. No. 108) are DENIED.
[41] IT IS SO ORDERED.
DATED December 9, 2024.
Daniel M. Traynor, District Judge
United States District Court
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Paul Schwartz @paulschwartz.bsky.social · 10/12/2024
Wall St Journal profile of cybersec expert Brian Krebs. Good overview of state of danger on the Internet. www.wsj.com/tech/cyberse...
wsj.com
He Investigates the Internet’s Most Vicious Hackers—From a Secret Location
In the increasingly dangerous world of cybercrime, Brian Krebs faces threats, manipulation and the odd chess challenge.
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Elena Chachko @elenachachko.bsky.social · 02/12/2024
Thanks, @gwyneth.bsky.social @ucberkeleylaw.bsky.social, for hosting this conversation on Voices Carry!
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UC Berkeley Law @ucberkeleylaw.bsky.social · 02/12/2024
Berkeley Law "Voices Carry" host @gwyneth.bsky.social talks with profs Katerina Linos & @elenachachko.bsky.social about how emergency powers — often associated with overreach and #authoritarianism — can be used in legitimate and transformative ways. www.law.berkeley.edu/podcast-epis...
law.berkeley.edu
'Voices Carry': Professors Katerina Linos and Elena Chachko on ‘Emergency Powers for Good’
Linos and Chachko discuss their newest article, which outlines how these powers — often associated with authoritarianism — can be used in legitimate ways.
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Cristian Farias @cristianfarias.com · 27/11/2024
Out of all publications, I'd expect Beltway mainstay The Washington Post to know that a federal agency created by statute simply cannot "be scrapped" because someone said so. It's gonna be a long four years.
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Abe Newman @abenewman.bsky.social · 27/11/2024
Just as US undermines administrative state, China works to ‘provide legal support for countering hegemonism’. Important reminder that economic warfare rests on bureaucratic competence. www.nytimes.com/2024/11/27/b...
nytimes.com
China Has a New Playbook to Counter Trump: ‘Supply Chain Warfare’
A series of swipes at American companies show how China could take the initiative in a new trade war, using its economic dominance to exact pain.
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Casey Newton @caseynewton.bsky.social · 26/11/2024
Some news: amid rapid growth and some over-enforcement of its community guidelines, Bluesky trust and safety chief @aaron.bsky.team tells me the company will quadruple the size of its content moderation team www.platformer.news/bluesky-grow...

At least one item on his wishlist has been granted: Bluesky has decided to quadruple the size of its contract workforce of content moderators from 25 to 100, the company told Platformer. The move comes in response to Bluesky’s rapid growth since this month’s US presidential election, which triggered a fresh exodus of users away from Elon Musk’s X and over the weekend took the platform past 22 million total users.
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Jack Goldsmith @jacklgoldsmith.bsky.social · 24/11/2024
11/ Relatedly: Will major questions doctrine check Trump’s tariffs pursuant to super-broad congressional authorizations? Many other questions on relationship between MQD and broad presidential statutory authorization in foreign affairs/national security.
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Jack Goldsmith @jacklgoldsmith.bsky.social · 24/11/2024
10/ Will DOGE (as Ramaswamy suggested) corral major questions doctrine and Loper Bright to help kill agency rules? Or will those precedents stand in the way of DOGE’s initiatives? Some of both? (Same questions for other Trump deregulatory initiatives.)
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Noah Rosenblum @narosenblum.bsky.social · 21/11/2024
The most basic problem with this op-ed is that it does not understand how government under law works. It masks this ignorance with buzzwords, but the result is incoherence. For example, it reads “the President owes lawmaking deference to Congress.” But the President participates in lawmaking. (1/6)
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David Bamman @dbamman.bsky.social · 20/11/2024
The Berkeley Info School is hiring an open-rank tenure-track professor in "digital security, safety and trust". Please help get the word out, and if you're working in this space, apply! (Deadline Jan 3.) aprecruit.berkeley.edu/JPF04668
aprecruit.berkeley.edu
Assistant/Associate/Full Professor - Digital Security, Safety, and Trust - School of Information
University of California, Berkeley is hiring. Apply now!
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Curtis Bradley @curtbradley.bsky.social · 19/11/2024
Thanks to @elenachachko.bsky.social for conducting this podcast interview about my new book, “Historical Gloss and Foreign Affairs.” Elena’s questions reflect a close reading of the book and are the perfect mix of encouragement and careful scrutiny. www.law.berkeley.edu/podcast-epis...
law.berkeley.edu
Historical Gloss and Foreign Affairs
Episode 29 of Borderlines features distinguished scholar Professor Curt Bradley (Chicago) discussing his new book, Historical Gloss and Foreign Affairs: Constitutional Authority in Practice (Harvard U...
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Elena Chachko @elenachachko.bsky.social · 19/11/2024
Such a pleasure to host @curtbradley.bsky.social at @ucberkeleylaw.bsky.social and dive into his new book, Historical Gloss & Foreign Affairs. Listen to our conversation on history & constitutional meaning, gloss & originalism, and why the President doesn't always win in a new Borderlines episode:
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Abe Newman @abenewman.bsky.social · 17/11/2024
Biden looks to escalate economic warfare before leaving office.
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Foreign Affairs @foreignaffairs.com · 14/11/2024
To navigate the geoeconomic challenges of today and tomorrow, the European Union must take steps to create a European economic security network—and do so quickly, argue @abenewman.bsky.social and Agathe Demarais.
foreignaffairs.com
Europe Must Unlock Its Geoeconomic Power
The EU needs a new strategy to defend against coercion.
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