Can Emergency Powers Be Leveraged to Create Change Beyond a Crisis?
Title: Can Emergency Powers Be Leveraged to Create Change Beyond a Crisis?
Podcast series: Berkeley Law Voices Carry
Host/Moderator: Gwyneth Shaw
Date of Publication: December 2, 2024
Summary: This episode features UC Berkeley Law Professors Katerina Linos and Elena Chachko discussing their paper in the William & Mary Law Review, “Emergency Powers for Good.” In the article and a blog post on “Lawfare,” they argue that emergency powers — often associated with overreach and authoritarianism — can be used in legitimate and transformative ways.
The piece has drawn a strong reaction, including a “Notice & Comment” in the Yale Journal on Regulation from Kevin Schmidt and Thomas Kimbrell from the Americans for Prosperity Foundation found here. Linos and Chachko subsequently responded to this “Notice & Comment” with one of their own, also in the Yale Journal on Regulation, and can be found here.
Katerina Linos is the Irving G. and Eleanor D. Tragen Professor of Law and co-faculty director of the Miller Institute for Global Challenges and the Law. She also hosts the “Borderlines” podcast.
Elena Chachko, who joined the faculty in 2023, explores the intersection of law and geopolitics primarily through the lens of administrative law and theory.
