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Lawfare Archive: Chinese Property Ownership and National Security

The Lawfare Podcast

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Exploring Federal Preemption in Foreign Affairs Law

This chapter explores the intricacies of federal preemption concerning foreign affairs law, with a focus on the dormant foreign affairs preemption doctrine. It examines the constitutional ambiguities that allow federal authority to emerge without direct legislative or executive actions and considers the implications for future legal battles, possibly elevating the matter to the Supreme Court.

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