In the final presentation of the Catholic Law Student Scholars Series, third-year law student I-Ching Chiu delivered an insightful analysis of the legal authority surrounding the Outbound Investment Security Program. Chiu's presentation explored the Biden administration's 2023 executive order restricting outbound investments in sensitive technologies under the International Emergency Economic Powers Act (IEEPA). Chiu argued that while the program is unlikely to be overturned on substantive grounds, procedural due process claims could provide a viable avenue for judicial review. She meticulously outlined the historical context of investment screening, the statutory framework of IEEPA, and relevant case law, emphasizing the importance of procedural safeguards in Treasury's determinations. Her analysis highlighted the tension between national security concerns and the need for transparency and fairness in regulatory processes.

Responding to Chiu's presentation, Daniel Kim, Esq., an associate in Dechert’s national security group, praised her work as both timely and well-structured. Kim engaged Chiu in a thoughtful dialogue, raising questions about the evolving judicial approach to IEEPA and the unique challenges posed by the outbound program's forward-looking, sector-wide scope. He noted the practical implications for clients navigating compliance with the program, emphasizing the importance of risk-based, flexible frameworks. The session concluded with a lively Q&A, marking a strong finish to this year's Student Scholars Series.

Catholic Law's Student Scholars Series was instituted in 2009 to recognize notable legal scholarship produced by members of the student body during the academic year and to foster the skills associated with presenting and defending that scholarship in a professional conference-style setting.

Below is a recording of the April 9 program.