1. PROTECTING FEDERALLY-FUNDED RESEARCH AND DEVELOPMENT: A PRIMER ON NATIONAL SECURITY DECISION DIRECTIVE 189 FOR LEGAL PRACTITIONERS.
- Author
-
Crandall, Carla
- Subjects
- *
FEDERAL aid to research , *NATIONAL security , *EXECUTIVE orders , *RESEARCH & development , *RESEARCH laws - Abstract
Although there is widespread agreement among U.S. experts that the United States must protect its technological advantage, there is disagreement about how best to do so. The related debate reveals tension between maintaining an unrestricted federally-funded research and development enterprise, on one hand, and countering foreign governments seeking to exploit it, on the other. Although lawyers have engaged with this debate in academic scholarship and in strategic ways like influencing national- level law and policy, legal practitioners have often been absent at the operational level. By way of facilitating such engagement, this Article provides a primer on National Security Decision Directive 189, an executive order issued in 1985 that established national policy favoring openness with respect to federally-funded fundamental research. The Article also considers the legal force the order continues to hold given recent legislative and executive action designed to strengthen the federally-funded research and development enterprise against foreign threats. [ABSTRACT FROM AUTHOR]
- Published
- 2023