Assessment of National Security Concerns in the Acquisition of U.S. and U.K. Assets

Ioannis Kokkoris discusses the national security statutory framework and regulatory regimes governing mergers and acquisitions of domestic assets by foreign acquirers in the United States and United Kingdom, contrasting enforcement records and providing criticisms of the two. By placing restrictions on certain types of transactions and outlining clear procedural rules for entities under review, the… Continue reading Assessment of National Security Concerns in the Acquisition of U.S. and U.K. Assets

Information Lawfare: Messaging and the Moral High Ground

The U.S. legal system is known as the envy of the world. Yet law as an instrument of national power has been woefully understudied. Traditional academic frameworks for studying the instruments of national power do not consider the full potential of law to be used as a weapon of war between states, a concept known… Continue reading Information Lawfare: Messaging and the Moral High Ground

Roosevelt’s “Limited” National Emergency: Crisis Powers in the Emergency Proclamation and Economic Studies of 1939

Shortly after Nazi Germany invaded Poland in 1939, President Franklin D. Roosevelt issued a proclamation of a “limited” national emergency. This proclamation cited no statutory or inherent authority. Alden Fletcher looks to the historical record to suggest Roosevelt’s proclamation was relying on ambiguous statutes that provided for executive power to declare emergencies or take emergency… Continue reading Roosevelt’s “Limited” National Emergency: Crisis Powers in the Emergency Proclamation and Economic Studies of 1939