My new article w/ Kathleen Claussen, The Foreign Commerce Power, is now up on SSRN & forthcoming in @califlrev.bsky.social. We examine the relationship b/w Congress's foreign commerce/tariff authorities & POTUS's foreign affairs powers through an originalist lens. 1/ papers.ssrn.com/sol3/papers....

CAFC tariff argument focusing on what interpreting "regulate" to include tax power would do to other statutes. It would also expand the tax power in IEEPA beyond tariffs! Regulate modifies use, transfer, holding, acquisition-gov't argument means IEEPA authorizes sales taxes, property taxes, etc!

NEW from me in a Journal of International Economic Law symposium:

Towards a post-Trump order for the climate crisis.

I lay out why, despite setbacks, industrial policy is still the way to address climate change - and how macro and distributional policy can help.
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academic.oup.com/jiel/advance...

Delighted that Presidential Regulation (w/ @ganeshsitaraman.bsky.social) has been published @ YaleJReg. We argue that presidents increasingly use presidential & foreign affairs powers to regulate the domestic economy in ways that aim to minimize judicial review. /1 www.yalejreg.com/wp-content/u...

Yesterday, the U.S. Court of International Trade ruled Trump’s emergency tariffs illegal, potentially dealing a blow to his trade leverage and ongoing negotiations with 18 countries.

TIMOTHY MEYER @timlmeyer.bsky.social breaks down the legal limits of presidential tariff power.

@lawfaremedia.org, Kathleen Claussen and I discuss a new front in the Trump Administration's efforts to evade meaningful judicial review of its actions: an attempt to expand the "foreign affairs" exception to the Administrative Procedure Act:
www.lawfaremedia.org/article/the-...

In March, Secretary of State Marco Rubio published a notice which purports to regulate economic activity through national security and foreign affairs authorities. Kathleen Claussen and @timlmeyer.bsky.social explore the legality of the notice under the Administrative Procedures Act.

Since taking office, President Trump has imposed – or threatened – a steady stream of tariffs on almost any country that catches his attention.

TIMOTHY MEYER (@timlmeyer.bsky.social) argues that Trump does not have the power to impose most of his tariffs.

verfassungsblog.de/trump-tariff...

AJIL Board member @timlmeyer.bsky.social shares his path into int'l law scholarship, experiences with AJIL early in his career, and how AJIL's review process improves the quality of journal articles.

youtu.be/waZrsu8puB4?...

Looking forward to this Friday's colloquium, which puts @aratojulian.bsky.social in conversation w/ @timlmeyer.bsky.social to see how trade & investment treaties can make commitments sufficiently credible w/o overcoming the state’s ability to regulate in the public interest.

My new paper, Presidential Regulation, w/ @ganeshsitaraman.bsky.social, is up: papers.ssrn.com/sol3/papers..... We argue that recent admins have created a new mode of economic governance that is dramatically different how presidents have traditionally used admin tools to regulate the economy. 1/

Law prof @timlmeyer.bsky.social says political compromise involving protectionist measures is necessary to reduce US carbon emissions.

My response: That approach won't reduce US carbon emissions much, and also creates international conflict when what is needed is coordination.

ICYMI, the American J. Int’l Law hosted a conversation on Addressing Climate Change through International Law, featuring Lavanya Rajani, John Knox, and me, moderated by Monica Hakimi. Check it out: m.youtube.com/watch?v=YGSQ...

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