Author Archives: Stuart Malawer

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About Stuart Malawer

Distinguished Service Professor of Law & International Trade at George Mason University (Schar School of Public Policy).

Update — 1798 Alien Enemy Act & Migrant Deportations — Anyone Remember History & Basic Constitutional Rights?

Posted on May 18, 2025 by Stuart Malawer

        The Supreme Court again (the second time) ruled against the Trump administration.  It declared that the 1798 Alien Enemies Act requires notice of legal rights to detainees and notice of due process.  There is substantial precedent for … Continue reading →

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China – U.S. Trade Truce? Geopolitics and Law are the Principal Issues — Not Economics, Tariffs nor Trade — Mere Sideshows.

Posted on May 13, 2025 by Stuart Malawer

      Click to access Malawer.De_Minimis_Exemption_RTD_5.11.25_.pdf      New Op-Ed in the Richmond Times-Dispatch on U.S. – China trade generally and the ‘de minimis exemption.’ The revocation by Trump of this exemption has been somewhat altered pending further negotiations … Continue reading →

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Death of De Minimis Exception — Another Dumb Tariff Move by Trump — Hurts Only American Consumers (and Doesn’t Help Anyone.)

Posted on May 3, 2025 by Stuart Malawer

      The De Minimis Exception (that provide no tariffs on imports less than $800 sent directly to individuals) has been terminated by the Trump administration for goods imported from China and Hong Kong.  (This revocation has been somewhat … Continue reading →

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New ‘Trump Tariff Litigation’ & Congressional Action — Undoing Trump’s Tariff Assault? — It’s Beginning.

Posted on April 28, 2025 by Stuart Malawer

      Numerous tariff lawsuits have now been filed against the Trump administration’s numerous tariffs actions. Most interesting, they have been filed by smaller firms, conservative groups and a broad range of other groups (including states and governors). Bigger … Continue reading →

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Yet More Anti-Trump Tariff Litigation: Will They Uphold the Constitution, Yes.

Posted on April 24, 2025 by Stuart Malawer

        Yet another lawsuit (by twelve states) has just been filed contesting the legality of Trump’s tariffs. It contests the validity of various tariffs proclaimed under the 1977 International Emergency Economic Powers Act. Simply stating there was … Continue reading →

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Update — 1798 Alien Enemy Act & Migrant Deportations — Anyone Remember History & Basic Constitutional Rights?

Posted on April 18, 2025 by Stuart Malawer

     The Supreme Court again (the second time) ruled against the Trump administration.  It declared the 1798 Alien Enemies Act requires notice of legal rights to detainees and due process.  There is substantial precedent for this.      The … Continue reading →

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Courts & Congress Begin to Review Legality of Trump’s Tariffs — Are They Unlawful, Yes.

Posted on April 7, 2025 by Stuart Malawer

                                                                           [Post Updated 4.16.25]  … Continue reading →

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Courts (and Congress) Starting to Counter Trump’s Tariffs 2.0.

Posted on March 28, 2025 by Stuart Malawer

      Really obscure laws and legal doctrines are being increasingly utilized by Trump to unleash a growing global trade war — especially for non-economic objectives. (The 1798 Alien Enemies Act, Reciprocal Tariffs from the late 1800’s, and the … Continue reading →

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Trump’s Tariffs — Relying on Really Old Law & Doctrines — The Easier for Federal Courts to Declare Tariffs Void & to Reestablish a Sense of Law & Order.

Posted on March 25, 2025 by Stuart Malawer

     Really obscure laws and legal doctrines are being increasingly utilized by Trump to unleash a growing global trade war — especially for non-economic objectives. (The 1798 Alien Enemies Act, Reciprocal Tariffs from the late 1800’s, and the 1950’s … Continue reading →

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Legality of Trump’s Tariffs on Mexico, Canada and China? — Very Questionable.

Posted on March 4, 2025 by Stuart Malawer

      The legality of Trump’s recent tariffs under U.S. statutory law is very questionable. To me, it’s an abuse of the International Emergency Economics Power Act (‘national emergency’) and Section 301 (‘retaliation’). The Congress needs to reclaim its … Continue reading →

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