A Bellicose Founding Charter: The US and Providing for the “Common Defence”

In this book review, the author analyzes Akhil Reed Amar’s The Words That Made Us: America’s Constitutional Conversation, 1760-1840. Specifically, the author focuses on Amar’s central thesis—that the fundamental reason behind the US Constitution was national security—and how that should affect our reading of the Constitution today. The author concludes that Amar’s book is noteworthy… Continue reading A Bellicose Founding Charter: The US and Providing for the “Common Defence”

China’s Anti-Monopoly Merger Control and National Security: Interactions with Foreign Investment Law and Beyond

Unlike the United States or the European Union, China has adopted a unique approach that combines foreign investment law and anti-monopoly law to protect national security in merger transactions. Meirong Jin and Qian Li argue that anti-monopoly merger control has been an indispensable part of China’s national security protection framework, with four characteristics that make… Continue reading China’s Anti-Monopoly Merger Control and National Security: Interactions with Foreign Investment Law and Beyond

Lawfare and Sea Power: A Historical Perspective

Four hundred years ago, the United East India Company hired Hugo Grotius, who would later be memorialized as the “father of international law,” to legitimize Dutch sea power in the South China Sea. Dennis Harbin illustrates that Grotius and the legal defense he crafted would have major implications for competition between democracies and autocracies centuries… Continue reading Lawfare and Sea Power: A Historical Perspective