Author Archives: Stuart Malawer

Unknown's avatar

About Stuart Malawer

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

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 →

Tagged , , , , | Leave a comment

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 →

Tagged , , , , | Leave a comment

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 →

Tagged , , , , | Leave a comment

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 →

Tagged , , , , | Leave a comment

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 →

Tagged , , , , | Leave a comment

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 →

Tagged , , , , | Leave a comment

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 →

Tagged , , , , , | Leave a comment

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 →

Tagged , , , , | Leave a comment

Trump’s Unsettling Economic Warfare — Tariffs, Taxes and Financial — “Back to the Future”?

Posted on February 22, 2025 by Stuart Malawer

     Trump is clearly resorting to economic warfare. Threatening U.S. allies and now even Ukraine. Demanding billions of dollars from sale of its rare minerals, to threatening punitive taxation of foreign firms if their countries are discriminating against U.S. … Continue reading →

Leave a comment

Trump’s Tariffs — Legality Under U.S. and WTO Law? — Very Questionable.

Posted on February 19, 2025 by Stuart Malawer

  Two recent CGTN interviews (Feb. 2025) …………………. https://www.youtube.com/watch?v=toarh82Bgfs&t=6s https://www.youtube.com/watch?v=C1I9hsWLb7k        Trump’s reliance on domestic legislation that authorizes tariff and trade actions for either national security or foreign policy reasons is very questionable. Federal courts will eventually review … Continue reading →

Leave a comment