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National Security As A Means To A Commercial End: Call For A New Approach, Yong-Shik Lee

Nebraska Law Review

While corporations do not enjoy unfettered freedom—they are constrained by legal, political, and social requirements and expectations—governments must have legitimate grounds when they compel corporations to act. After investigating the nationwide semiconductor shortage, the U.S. Secretary of Commerce warned that the government might invoke national security to compel semiconductor producers to disclose sensitive business information. The government has also invoked national security to justify extensive tariffs imposed on imported steel and aluminum products, leading to a major trade dispute. Years of neoliberal policy have created a perceived (though not necessarily functional) separation between government and industry. This separation encourages and, …