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Semiconductors have emerged as a headline in the resurgence of modern industrial policy. This paper explores the political economic history of the sector, the changing nature of the semiconductor supply chain, and the new sources of concern that have motivated the most recent turn to government intervention. It also explores details of that turn to industrial policy by the United States, China, Japan, Europe, South Korea, and Taiwan. Modern industrial policy for semiconductors has included not only subsidies for manufacturing, but also new import tariffs, export controls, foreign investment screening, and antitrust actions. [ABSTRACT FROM AUTHOR]

The United States and China are engaged in an intense security competition that can be described as a new Cold War. What is driving the downturn in US-China relations? Many analysts attribute the cause to decisions made by individual leaders. In contrast, this paper argues that the main cause of the US-China rivalry is structural rather than individual. The changing distribution of power between the two nations is generating structural pressures that push them into strategic competition. Fear of being overtaken by China has prompted Washington to move away from a policy of engagement to a policy of containment. Compared to the last one, this new Cold War will be more dangerous because of China's greater power potential, East Asia's maritime geography, and the fervor of nationalism. [ABSTRACT FROM AUTHOR]

Drawing on the notion of voice, this study examines both textual and contextual voices of translated news narratives relating to the 2014 Hong Kong protests. It analyses narrative voices, including those of primary, secondary and tertiary narrators, comparing the original and translated news texts and discusses the socio-cultural context in which these narrative voices are produced. The analysis draws on translated news reports published between 28 September and 16 December 2014 from three media outlets: Reference News, BBC Chinese and New York Times Chinese, together with their source texts from a range of mainstream global media. The findings show how the media outlets employ a complex interplay of narrative voices in their translated news texts and the extent to which the narrative voices of certain groups have been emphasised or suppressed. This sheds light on the shifts in voice within and between media outlets and the contextual factors which might have contributed to them. [ABSTRACT FROM AUTHOR]

In early 2021, President Xi Jinping introduced a national goal of achieving "common prosperity," which aims to reduce the yawning wealth gap between China's rich and poor. At a time when China's economy is slowing, the implementation of common prosperity involves an unprecedented effort to maintain domestic stability and social quiescence amid intensifying geopolitical tensions. The party-state has sought to avoid provoking public discontent by pooling regional funds for social protection programs rather than pursuing taxation-based redistribution among social classes. [ABSTRACT FROM AUTHOR]

U.S. corporate directors’ obligation to balance risk-taking and profits is complex in ordinary circumstances. But the issue is even more dynamic in the context of the ChinaU.S. power rivalry—directly intersecting with national security, the re-evaluation of corporate purpose, and enhanced oversight obligations particularly for mission critical corporate functions. This Article addresses the need for corporate directors to consider national security a “mission critical” issue under the expanded Caremark doctrine developed over the last several years in Delaware courts. Given the importance of large and strategic corporations to the pillars of hegemonic power, the national securitycorporate governance interface will constitute an increasingly significant issue going forward. The Article opines that the emerging China-U.S. dynamic potentially militates in favor of finding national security as a core critical mission for two reasons. First, mission critical can be understood as conduct that raises the specter of enforcement, fines, and penalties; endangering U.S. security clearly risks Federal prosecution to trigger missioncritical status.Two,the trend towards embracing enhanced-shareholder value governance and ESG similarly militates in favor of finding national security as a “mission critical” function as both the long-term profitability of the corporation as well as U.S. notions of “rights and values” may be at risk should China ultimately prevail in shaping global governance. Furthermore, director oversight is now firmly entrenched as a violation of the duty of loyalty—particularly for “mission critical” functions and therefore not protected by the business judgment rule or entitled to indemnification. Accordingly, Caremark oversight liability grounded on the failure of the board to monitor risks to U.S. national security conceptualized as mission critical may significantly impact corporate decisionmaking and the China-U.S. rivalry. [ABSTRACT FROM AUTHOR]

Policymakers often play a critical role in regulating the use and advancement of technology. Their decisions can have significant positive impacts on the development, adoption, and use of various technologies, but also negative ones if they decide to limit or even block a certain technology. Italy's temporary banning of the Generative Artificial Intelligence (GenAI) platform ChatGPT, much like New York City's Department of Education, demonstrates administrations' and policymakers' reliance on blacklisting and banning. Blacklisting and banning are often used interchangeably. Nevertheless, in the context of regulation, the terms are different and used for different purposes, and it is key to understand why, how, and what consequences are associated with each term, particularly when used in connection with innovative and disruptive technologies, such as GenAI. This Article explores the use of blacklisting as a regulatory tool while differentiating it from the practice of banning. In doing so, this Article examines the impact of any related explicit and implicit sanctions, especially as such sanctions include reputational damage, increased hardship in getting credit, and the potential costs of "doing business." Additionally, the Article makes the important distinction between two rationales for blacklisting: (1) Blacklisting for participating in or advancing an illegal activity or failing to comply with binding legal requirements; and (2) blacklisting for moral or ethical reasons. It also describes why sanctions do not always work. Finally, this Article makes policy recommendations that would help increase the effectiveness of blacklisting as a regulatory tool, while acknowledging the problematic nature of regulation by enforcement. [ABSTRACT FROM AUTHOR]

Amid escalating active kinetic conflicts and the ever-growing and ever-more-severe environmental impacts of climate disruption, along with related and unrelated public health threats, governments worldwide confront increasingly complex choices in addressing simultaneous and sequential crises. Never in human history have so many states juggled so many disasters within such a brief span, yet our governance mechanisms often prove woefully inadequate for this daunting challenge. Trends strongly indicate that the situation will deteriorate further in the years ahead. Successfully managing and ameliorating our deteriorating physical and geopolitical environments demands a significant shift in mindset among global leaders--a fundamental recognition of humanity's unity. This necessitates a departure from short-term, self-centered, nationalistic thinking toward a longer-term, more inclusive perspective that embraces the common needs and interests of all individuals on this planet. [ABSTRACT FROM AUTHOR]

This Article surveys how a growing rivalry between the United States and China is changing the American legal system. It argues that U.S.-China conflict is reproducing, in attenuated form, the same politics of threat that has driven wartime legal development for much of our history. The result is that American law is reprising familiar patterns and pathologies. There has been a diminishment in rights among groups with imputed ties to a geopolitical adversary. But there has also been a modest expansion in rights where advocates have linked desired reforms with geopolitical goals. Institutionally, the new global conflict has at times fostered executive overreach, interbranch agreement, and interparty consensus. Legal-culturally, it has in places evinced a decline in legal rationality. Although these developments do not rival the excesses of America's wartime past, they evoke that past and may, over time, replay it. The Article provides a framework for understanding legal developments in this new era, contributes to our understanding of rights and structure in times of conflict, and reflects on what comes next in the new global conflict, and how best to shape it. [ABSTRACT FROM AUTHOR]

American economic statecraft as a tool to manage competition with China's Space Program is likely to remain contentious as it amplifies enduring debates in U.S. foreign policy: i) the tension between international realism and American liberalism; ii) the questionable benefit of government involvement in picking winners and losers from the private sector; and iii) the difficulty of defining long-term success in foreign policy outcomes. [ABSTRACT FROM AUTHOR]

If the United States and its allies seek to deny Vladimir Putin an objective victory in the Russia-Ukraine War, they must commit to providing sufficient aid to the Ukrainian army soon because the window of opportunity to provide sufficient resources is narrow--and closing. This article argues that the West must articulate a reasonable strategy for Ukrainian victory now, as a failure in Ukraine will weaken relationships between the United States and Western European states and their global partners while emboldening state and non-state actors to threaten the rules-based international order. [ABSTRACT FROM AUTHOR]

This article examines the impacts of the COVID-19 pandemic on resilience. Resilience is not a one-dimensional concept but has different meanings at the levels of the firm (operational efficiency), the global value chain (appropriate governance), and the nation-state (national security). It illustrates resilience dynamics through lessons from case studies of four medical supply products—rubber gloves, face masks, ventilators, and vaccines. It explores how each adjusted to disruptions caused by the COVID-19 pandemic and presents key strategies that can guide managers and policymakers in building resilience for future supply chain disruptions. [ABSTRACT FROM AUTHOR]

The pandemic crisis caused a severe shock to global value chains and led to supply shortages for complex medical goods such as respiratory ventilators. What followed were calls to reshore production for security, and the loss of efficiencies from foreign global value chain (GVC) operations for the multinational enterprise. This article merges internalization and GVC theory to demonstrate a dynamic hierarchy managerial response to these crisis conditions. An optimally configured GVC under hierarchy governance can resiliently eliminate global supply line ruptures yet maintain the benefits of global efficiency. [ABSTRACT FROM AUTHOR]

This paper challenges the optimistic outlook on a near-term economically viable Northern Sea Route (NSR) by delving into the prospective impacts of utilizing the NSR over the traditional Suez Canal for shipping. The paper uses Chinese exports--of paint, computers, and motor vehicles--from Shanghai, China to Rotterdam, Netherlands as a case study to support this argument. The study examines transportation costs under varying sea ice conditions and incorporates icebreaker fees through a sensitivity analysis. Based on the analysis, the paper posits that the NSR will only be commercially viable for select goods when sea ice extent1 reaches 25 percent or less. While projections suggest an icefree Arctic by late mid-century, significant investment is needed for the NSR to compete with the Suez Canal. These investments are most justifiable for Russia, which could capitalize on icebreaker services and port fees as the route becomes more accessible. China may benefit from waiting on Russia's infrastructure development, while icebreaker companies would need to strike competitive rates and shipping liners should adopt a wait-and-see approach. [ABSTRACT FROM AUTHOR]

Should courts have the power to order the federal government to give land rights to particular groups based solely on their religious beliefs? Calls for legal rules requiring such effectual transfers have grown in recent years as Americans have started to confront the country's history of mistreatment of Native nations and other disadvantaged groups. Most recently, Indigenous claimants in a pending Ninth Circuit case want the court to interpret the Religious Freedom Restoration Act of 1993 to entitle them to a remedy resembling a perpetual easement on certain federal land. This would prohibit development on the land to protect a sacred site. At first glance, a law requiring the federal government to give the equivalent of an easement in public land to a singled-out religious party might seem like an appealing way to further important reparative justice or religious freedom goals. However, legal rules requiring such uncompensated property transfers on the basis of religion would also contravene bedrock principles of constitutional and property law and threaten crucial climate change mitigation efforts. This Article is the first to rigorously examine the broader consequences of embracing rules that would compel governments to effectively forfeit public land rights to advance vital reparative justice or religious liberty objectives. It then outlines an alternative approach to preserving Indigenous sacred sites that would respect federal land rights and give Native nations a much stronger voice in site protection decisions. [ABSTRACT FROM AUTHOR]

This article explores the environmental activism of the United Auto Workers (UAW) in the United States under its long-serving president Walter Reuther. While Reuther has been recognised as a powerful figure in post-war liberalism--an industry opponent dubbed him 'the most dangerous man in Detroit' due to the union's bargaining power--important aspects of his environmental activism have been overlooked. In the 1960s, the UAW was America's largest industrial union, and its members worked in an industry that was a major polluter, making Reuther an unlikely environmentalist. Despite this, Reuther--who described himself as an 'ardent conservationist'--carried out pioneering environmental work, reflecting his global travels and commitment to social unionism. Drawing on detailed research in Reuther's papers, this article explores how in the 1960s the UAW fought for expanded public space, particularly national parks, and pressed for clean air and water. In doing so, it often stressed its members' increasing recreational needs. It also established a landmark environmental department and pushed the industry to make small cars at a time when it had little interest in doing so. While there were limits, this article argues that the union was ahead of its time on many issues, especially in supporting stronger government regulation of pollution. For Reuther, environmentalism was a lifelong passion, and he died in 1970 in a plane crash while organising a UN conference on 'Man's Living Environment'. [ABSTRACT FROM AUTHOR]

In the brewing tech war between the United States and China, the quest for tech supremacy is in full force. Through enacting a series of laws and policies, China aims to reach its goal of tech supremacy. If China succeeds, U.S. corporations will face a daunting task in competing against Chinese products and services in core industries and in sectors where artificial intelligence and technological breakthroughs reign. This Article is the first to identify and analyze China's 2022 Law on Science and Technology Progress, Personal Information Protection Law, Made in China 2025, National Intellectual Property Strategies, and digital currency e-CNY; explore their potential impact on U.S. business; and urge immediate attention to the tech war. [ABSTRACT FROM AUTHOR]