Tag Archives: trump

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 Attack on both the International Trade & Political Systems — Trying to Destroy them? U.S. is now Unpredictable (Domestically and Internationally).

Posted on February 5, 2025 by Stuart Malawer

     At this point China’s retaliatory actions to Trump’s new tariffs on Chinese imports are fairly broad (antitrust, imports, exports, however, no restrictions on agricultural imports). But these actions are not that aggressive.      What is most important, … Continue reading →

Tagged , , , , | Leave a comment

Trump’s Tariffs (China, EU, Mexico & Canada), Little to do with Trade — Broader Goals — More Retaliation, Domestic & International Litigation.

Posted on January 29, 2025 by Stuart Malawer

     Trump is now relying on obscure or little used legislation as a basis for this tariff actions and threats. These will undoubtedly result in domestic and international litigation. Most likely making new domestic law addressing the Congress’ exclusive … Continue reading →

Tagged , , , , | Leave a comment

Is Trump the New McKinley on Tariffs & Protectionism?

Posted on January 20, 2025 by Stuart Malawer

     I taught global trade law many years. I must say no one was very interested in actual tariffs and I discussed them very little. Except perhaps trying to figure out the Harmonized Tariff Schedule, and only in passing. … Continue reading →

Tagged , , , , | Leave a comment

Dr. Stuart Malawer on Int’l Trade & Int’l Law — Op-Eds in Richmond Times-Dispatch (2011-2025).

Posted on January 15, 2025 by Stuart Malawer

Dr. Stuart Malawer — Op-Eds in Richmond Times-Dispatch (2011-2025). Malawer, “Trade Wars and Virginia.” (January 17, 2025).                         Commentary: Virginia must challenge Trump on trade Malawer, “Advisory Group Aided Virginia’s … Continue reading →

Tagged , , , , | Leave a comment

‘Laissez-Faire Globalization’ Needs a Redo (a New Industrial Policy and New China and Global Tax Policies) — So They Say.

Posted on January 14, 2025 by Stuart Malawer

     The Biden administration’s trade policy and Trump 1.0 (and now Trump 2.0) focused on redoing U.S. trade policy and developing a newer industrial policy promoting U.S. industry, workers and national security. (So they say …) Clearly, trade policy … Continue reading →

Tagged , , , , | Leave a comment