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).

Multiple Legal Tools for Trump’s International Economic Warfare — Still Questionable.

Posted on June 3, 2025 by Stuart Malawer

     In addition to IEEPA, Trump’s has multiple legal tools he can utilize in his international economic warfare. Which may, in fact, withstand court challenges. Namely, Section 232 (national security) of the Trade Expansion Act of 1962 and Section … Continue reading →

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Court Declares Trump’s Tariffs Illegal, Finally! At Least for a Few Hours.

Posted on May 29, 2025 by Stuart Malawer

     This is good news, finally. Here’s the conclusion of yesterday’s decision of the Court of International Trade declaring unlawful many of Trump’s tariffs (global tariffs). “The court holds for the foregoing reasons that IEEPA does not authorize any of … Continue reading →

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Surprise! Litigation Against Trump’s Tariffs — Six Interesting Facts (Update).

Posted on May 28, 2025 by Stuart Malawer

     What’s really interesting in tariff litigation against Trump’s tariffs? Six very interesting facts.        One, there is an expanding legal campaign against these tariffs. Two, litigation has been filed by small firms (not large firms or multinational corporations) and various … Continue reading →

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Surprise! Litigation Against Trump’s Tariffs — Led by Small Business, Conservative Funding (Koch) and Western States — Six Interesting Facts.

Posted on May 20, 2025 by Stuart Malawer

     What’s really interesting in tariff litigation against Trump’s tariffs? Six very interesting facts.        One, there is an expanding legal campaign against these tariffs. Two, litigation has been filed by small firms (not large firms or … Continue reading →

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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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