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).

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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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 →

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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 →

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Will U.S. Courts or Congress Stop Trump’s Tariffs? Maybe.

Posted on February 17, 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     It’s my belief that the best avenue to restrain Trump’s use of tariffs and other trade actions (sanctions, investment restrictions, sales restrictions) lie within the federal courts and the … Continue reading →

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Global Trade Panel – Global Trade War? — Is the U.S. Violating U.S. and WTO Law?

Posted on February 16, 2025 by Stuart Malawer

Here’s a link to a recent panel discussion with two leading world authorities on the likelihood of a global trade war. (Feb. 15, 2025) ……. https://www.youtube.com/watch?v=toarh82Bgfs

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Trump & ‘Reciprocal Tariffs’ — Trying to Find U.S. Law to Further Undermine Global Trade Law & the Global System.

Posted on February 14, 2025 by Stuart Malawer

     The Trump administration is scouring U.S. law to find a basis for furthering disrupting the existing global trading system and thus the broader international political and economic system. Legally, his reliance on various domestic laws is very questionable, … Continue reading →

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Trump’s Trade Policies — Continuing to Go Backward, More Unilateral, Confrontational and Unpredictable.

Posted on February 11, 2025 by Stuart Malawer

     The Trump administration continues to upset existing trade relations by imposing universal tariffs on steel and aluminum and by digging deeper into U.S. trade law by relying on older legislation.  In particular, by focusing on national security and … Continue reading →

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