Legality, Next Steps for Canadian Tariffs

Feb 14, 2025

1 min

Julian Ku

Maurice A. Deane School of Law at Hofstra University Professor Julian Ku was quoted in The Globe and Mail article “The best hope for Canada in fighting a trade war with Trump may lie in U.S. courts."



“Using IEEPA to impose tariffs has not been done before, so there has never been a court ruling on this question,” said Julian Ku, who studies the interaction of international law and U.S. constitutional law at Hofstra University.

Mr. Trump has, however, argued that he is responding to external threats, citing the movement of fentanyl and illegal migrants to the U.S. from Canada, Mexico and China. That is likely to prove a potent defense, Prof. Ku said.

“The court has also been deferential to the President on national-security matters, and the language of the statute is very broad, so it is far from clear which way the court would come down on this issue,” he said.
Connect with:
Julian Ku

Julian Ku

Professor of Law and Interim Dean

The Maurice A. Deane Distinguished Professor in Constitutional Law and Professor of Law.

International LawInternational Law in U.S. CourtsConstitutional LawCorporate LawTrans Pacific Partnership

You might also like...

Check out some other posts from Hofstra University

1 min

Julian Ku Writes Article on Logan Act

Maurice A. Deane Distinguished Professor of Constitutional Law Julian Ku recently wrote the article, “Governor Newsom’s tariff gambit risks violating federal law,” for The Daily Journal. Ku argues that Governor Gavin Newsom of California risks prosecution for trying to negotiate tariff exemptions for California companies. His efforts could potentially violate the Logan Act, which prohibits any unauthorized American citizens from negotiating with foreign governments on matters of dispute with the United States.

1 min

Media Appearances by James Sample – Latest Highlights

Professor of Law James Sample provided legal insights on New York City Mayor Eric Adams’ federal corruption case being dismissed “with prejudice,” with CBS News New York. Sample also provided commentary to CBS News Radio on a federal judge’s order to return Kilmar Abrego Garcia from an El Salvador prison, and on Elon Musk’s cash incentives for individuals who vote against “activist judges” with German news network ZDFheute.

View all posts