Facing the powers that be

Lobbyists, entrenched forces in congress and self-interested friends will try to stymie Clinton's efforts. A look at four key arenas of combat.     

The future of public health law

Developments in medicine and constitutional law dictate modification of public health legislation in the United States. Traditionally overlooked by legislators, present public health laws provide inadequate decision-making criteria and inappropriate procedures for dealing with issues. Revised legislation should provide health care officials and agencies with the tools to balance individual rights against public health necessities. This Article makes four recommendations for legislative reform: (1) remove artificial legislative distinction between venereal and other communicable diseases; (2) provide criteria defining "public health necessity" to limit discretionary exercise of police power by health officials; (3) provide strong confidentiality protections in the collection and storage of public health information; (4) empower public health officials to select from a graded series of less restrictive alternatives in dealing with public health problems.     

Civil Society,Populism and Liberalism

This paper considers the threats that various kinds of populism might be said to pose to the ideal of a civil society that mediates between ‘private’ and family life and the state. Although it is difficult to generalise about populisms, just about all—whether on left or right—share a hostility to ‘intermediate’ powers. Of course civil society is exactly what could be called a forum for intermediate powers. In contrast, populists often tend to emphasise a vision of immediate power in the sense of the possibility of the direct expression of the people’s will in political institutions. Populists, of whatever pitch, often tend to invoke a partisan state that will be on the side of the people (however defined) rather than a putatively neutral ‘liberal’ state that stands over and against civil society. These factors make most populisms more or less generically hostile to liberalism, understood not in ideological terms but more as a doctrine which emphasises the necessity of mediating power through institutions. Very often, populism is a threat to the idea of civil society understood as a concept integral to liberal political theory, as a means of balancing the state and its wider interlocutors. In this paper, various means, largely inspired by the writings of Tocqueville on the one hand and Paul Hirst on the other, are suggested for addressing aspects of this predicament.

     

Stuck in the Middle: Taiwan's Semiconductor Industry,the U.S.-China Tech Fight,and Cross-Strait Stability

The Trump administration has worked to restrict the People's Republic of China's ability to manufacture and acquire semiconductor chips since 2018. Caught in the crossfire of this burgeoning tech war is Taiwan, which is home to Taiwan Semiconductor Manufacturing Company (TSMC), the world's largest semiconductor chip manufacturer. With the United States banning companies that use U.S. technology in their chip manufacturing process from doing business with Huawei, TSMC can no longer do business with the Chinese tech company, one of its most important clients. Until the Trump administration announced the license restriction on Huawei, TSMC had managed to walk the fine line of doing business with both China and the United States, without riling either. This article argues that the TSMC example is indicative of how great power competition between the two countries will play out for the foreseeable future. TSMC has announced that it will build a new factory in Arizona as it faces Chinese firms poaching its employees and Chinese actors hacking its systems and code for trade secrets—all actions demonstrating how great power competition will play out for tech dominance. Avoiding direct live-fire conflict, China and the United States will work to restrict the other's actions and development by forcing important tech companies, such as TSMC, into picking a side.