Executive Branch Foreign Relations & International Law

Lawfare Daily: The New Command Economy with Kristen Eichensehr and Ashley Deeks

Kristen Eichensehr, Ashley Deeks, Peter E. Harrell
Friday, October 16, 2026, 10:41 AM

Discussing the U.S. government's increasingly activist role in the economy.

Over the past decade, the U.S. has expanded its use of measures including tariffs, sanctions, export controls, and investment screening to regulate the economy in the name of national security. It has also embraced new ones such as government-owned equity stakes in private companies and new stockpiles of critical materials. Kristen Eichensehr, a law professor at Harvard, and Ashley Deeks, a law professor at the University of Virginia—and former legal counsel to the National Security Council—have an article in the Harvard National Security Journal arguing that the U.S. is seeing the emergence of a "new command economy" in which the government plays a much more activist economic role than it has in many decades.

Deeks and Eichensehr join Lawfare Contributing Editor and host of the Security Economics podcast Peter Harrell to unpack what the new command economy is, what it means for companies and the government, and how we should be thinking about incorporating basic legal values like transparency and oversight into this emerging framework.

This episode is part of the Security Economics podcast series, in which Peter Harrell and guests explore the intersection of economics and national security, how countries manage their economies to support national security, and how they deploy economic tools in support of geopolitical objectives.

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Kristen E. Eichensehr is a Professor of Law at Harvard Law School. She is an adviser on the Restatement (Fourth) of the Foreign Relations Law of the United States and serves on the editorial board of Just Security.
Ashley Deeks is the Class of 1948 Professor of Scholarly Research in Law at the University of Virginia Law School and a Faculty Senior Fellow at the Miller Center. She serves on the State Department’s Advisory Committee on International Law. In 2021-22 she worked as the Deputy Legal Advisor at the National Security Council. She graduated from the University of Chicago Law School and clerked on the Third Circuit.
Peter E. Harrell is a Visiting Scholar at Georgetown’s Institute for International Economic law and an attorney in private practice. His scholarly research focuses on the intersection of international economics and U.S. national security. Harrell previously served at the White House in 2021-2022.
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