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Full-Text Articles in Law
Caught In The Net: The Magnuson-Stevens Act, Extraterritorial Jurisdiction, And Pompano Fishery Management In Florida, Thomas Webb
Caught In The Net: The Magnuson-Stevens Act, Extraterritorial Jurisdiction, And Pompano Fishery Management In Florida, Thomas Webb
University of Miami Business Law Review
The Magnuson-Stevens Fishery Conservation and Management Act delegates to regional councils the authority to create Federal Fishery Management Plans that regulate fisheries within the federal Exclusive Economic Zone. Should no federal Fishery Management Plan exist, the act allows for the extraterritorial enforcement of a state’s regulations on fishermen registered from that state and physically within the federal Exclusive Economic Zone. This grant of extraterritorial jurisdiction creates gaps in federal regulations that allows states to implement state fishery management plans in federal waters. These state plans can produce confusing results like criminalizing federally legal behavior under the guise of allowable state …
The Untouchable Executive Authority: Trump And The Section 232 Tariffs On Steel And Aluminum, Arim Jenny Kim
The Untouchable Executive Authority: Trump And The Section 232 Tariffs On Steel And Aluminum, Arim Jenny Kim
University of Miami Business Law Review
In 2018, President Trump championed his way through the imposition of the Section 232 Tariffs—a heavy tax on various imports, including steel and aluminum—by broadcasting a supposedly-imminent threat to the U.S. national security. This plea, however, has been criticized as a veil for President Trump’s economic protectionism policy. Meanwhile, others have questioned the constitutionality of the statute creating the President’s authority to impose these tariffs in the first place. This Comment explores the issues arising from President Trump’s Section 232 Tariffs on steel and aluminum: (1) the validity and justiciability of President Trump’s actions under Section 232 of the Trade …
One Nation Under Trump: More Power To Him?, Jessica Hernandez
One Nation Under Trump: More Power To Him?, Jessica Hernandez
University of Miami Business Law Review
This note examines the following question: to what extent has the Trump administration heralded an expansion of presidential trade powers with respect to Section 232 of the Trade Expansion Act of 1962? It proceeds by first providing an overview of the Trade Expansion Act of 1962. It then looks at the Section 232 investigations which (a) preceded Trump’s assumption of office and (b) resulted in presidential trade action. After reviewing the aforementioned investigations, this note examines the Section 232 investigations initiated under the Trump administration. Attention is paid to how the Trump administration has defined ‘national security’ more broadly. The …