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Curtis J. Milhaupt

Global stock exchanges today operate in a transformed environment. They remain commercial enterprises competing for listings, but they are also strategic assets deeply embedded in state policy and geopolitical rivalry.

Invoking national security and the economic rivalry with China, the Trump administration is pursuing legally dubious interventions and control of private industry, with potentially high costs for US dynamism. Like the panic over Japan's rise in the 1980s, the administration's response is unwarranted and counterproductive.

The TikTok ban case exposes a new reality: Contrary to widespread predictions that globalization would lead to the statelessness of large corporations, weaponized interdependence has heightened the salience of questions about corporate identity and control, as well as informal channels of state influence over commercial enterprises. TikTok’s identity crisis reveals the limitations of standard corporate law doctrines in satisfying policymakers focused on national security and geopolitical rivalry.