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Matthew Schaefer on Trump Administration Trade Policy: A Historical Perspective and Key Questions & Takeaways

The following is an excerpt from a new Yeutter Institute piece by University of Nebraska law professor Matthew Schaefer entitled "Trump Administration Trade Policy: A Historical Perspective and Key Questions & Takeaways," offering a good roundup of a lot of the biggest trade policy issues out there at
Simon Lester 22 Aug 2025 11 min read

Todd Tucker on Tariffs and the Role of Courts

In an op-ed in the FT entitled "Opponents of Trump’s tariffs should be wary of relying on the courts," Todd Tucker argues against U.S. courts striking down Trump's IEEPA tariffs. I have some questions and comments on his views of this issue, focusing
Simon Lester 17 Aug 2025 7 min read

Guest Post: Trump, Trade and Coercion

This is a guest post from Boston College law professor Frank Garcia. (Cross-posted from the Cambridge University press blog) The first year of Trump’s second term has been a chaotic one for trade, as for so much else. Before inauguration, the President had already threatened tariffs against Denmark
Simon Lester 13 Aug 2025 7 min read

What Trump's Trade Representative Got Wrong

Last week, USTR Jamieson Greer wrote an essay in The New York Times entitled, ‘Trump’s Trade Representative: Why We Remade the Global Order’. Simon has already done the heavy lifting by asking some necessary questions about this new order. Out of all the inaccuracies and “too early to tell”
Mona Paulsen 12 Aug 2025 3 min read

New Security Exception Language Establishes a Two-Tiered Approach

Via Mona Paulsen and Devon Whittle, I see that Chapter 28 of the UK-India trade agreement has some interesting new language on security exceptions. It starts off as expected, with the following: Article 28.2 Security Exceptions 1. Nothing in this Agreement shall be construed to: (a) require a
Simon Lester 11 Aug 2025 3 min read

Jamieson Greer on Remaking the Global Trade Order

U.S. Trade Rep. Jamieson Greer had a NY Times op-ed yesterday entitled "Why We Remade the Global Order." I have a few reactions to specific things he said. I'll quote some points from the op-ed and then give a brief response. Greer: Our
Simon Lester 08 Aug 2025 5 min read

Trump Pushes Big Pharma on Controlling U.S. Prices

Following up on a previous post of mine, let's check in on the Trump administration's efforts to lower drug prices in the U.S. market. A White House fact sheet from last week explains that "Trump sent letters to leading pharmaceutical manufacturers outlining the steps
Simon Lester 05 Aug 2025 3 min read

Call for Submissions: “Into the Future of Global Trade: Tackling Fragmentation, Protectionism, Tariffs, and Beyond”

The Trade, Law and Development (TL&D) journal has issued a Call for Submissions for a special issue on  “Into the Future of Global Trade: Tackling Fragmentation, Protectionism, Tariffs, and Beyond.” The call is here. This is an excerpt: While the theme is broad enough to cover a wide
Simon Lester 05 Aug 2025 1 min read

Enforcing the Market Opening Commitments in the Trump Trade Deals

In an interview with Bloomberg last week, U.S. Trade Rep. Jamieson Greer was asked about enforcement of all the recently negotiated trade deals: Question: On implementing those deals ... you mentioned that you would be looking and monitoring them for any violations. How will this administration judge what is a
Simon Lester 03 Aug 2025 2 min read

Will Trump's Trade Deals Increase U.S. Exports?

One of the criticisms of the Biden administration on trade policy was that it didn't put enough effort into improving access for U.S. producers to foreign markets. The Trump administration, by contrast, has made this one of its priorities. But will its approach to market access work?
Simon Lester 31 Jul 2025 4 min read

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

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