Kristen Eichensehr and Cathy Hwang on National-Security Creep

Kristen Eichensehr and Cathy Hwang, professors of law at the University of Virginia, join the Business Scholarship Podcast to discuss their essay National Security Creep in Corporate Transactions. In this essay Eichensehr and Hwang document the expansion of national-security review in mergers and other corporate transactions. They consider the implications of this “national security creep” for contract theory and design and judicial deference to Congress and the executive branch in national-security matters.