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A Few Thoughts on Antitrust and Big Tech

I'm no antitrust expert, but I do have some opinions on it, and I'm going to offer a few of them in this post. As an intro, I want to mention a speech by Notre Dame law professor Roger Alford -- whose Opinio Juris blog posts
Simon Lester 24 Aug 2025 3 min read

Wentong Zheng on Presidential Tariffs

University of Florida law professor Wentong Zheng has posted a new paper called "Presidential Tariffs," in which he argues that the IEEPA should not be interpreted to allow the President to proclaim tariff modifications for the purpose of entering into market-opening trade agreements, given that Congress allowed the
Simon Lester 22 Aug 2025 1 min read

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 on
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 to
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 Party
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 current, nameless
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

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Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

Comparing the Forced Labor Provisions in the New U.S. Trade Deals

Continuing my multi-part blog posting series on comparing provisions in the Trump administration trade agreements, let's look now at the provisions that try to induce U.S. trading partners to take action against imports made with forced labor.
20 Feb 2026 4 min read

AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 4 min read

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