This article comments on “Is a Broadly Based Mark-to-Market Tax Unconstitutional,” by Gene Magidenko. Magidenko gets all the big points right in questioning the constitutionality of a mark-to-market system of taxation, but this article suggests he did not emphasize one point enough: the...

The attorneys general of New York, Connecticut, New Jersey, and Maryland have filed the complaint in New York v. Mnuchin, challenging the constitutionality of the $10,000 cap on the deduction for state and local taxes established by the Tax Cut and Jobs Act of 2017. This article considers the...

This article examines an influential set of articles, written by Professor John Tiley in the late 1980s, about anti-avoidance doctrines developed by US courts. The trilogy of articles was written for a British audience, as part of Tiley's efforts to resist importation of US doctrines...

Informal proposals to enact a national wealth tax have been around for a while, and Senator Elizabeth Warren, while still a presidential candidate, promoted a specific form of wealth tax: a tax on the net wealth of high-net-worth individuals. Whatever the economic and ethical merits of such a...

This review, reflecting the then youthful skepticism of the reviewer, expressed reservations about the extent to which international law does, can, and should constrain the use of force. The review also contains some incredibly wrongheaded predictions, about, for example, the longevity of the...

Except for a few snotty remarks of the sort a reviewer has to make to keep his union card, this review praises Jonathan Barry Forman's monumental Making America Work (2006). Forman is concerned about (1) perverse incentives that keep Americans from working to full capacity or, in some cases,...

This essay, in a volume honoring the distinguished British tax scholar John Tiley, examines statutory and regulatory developments that are changing American anti-avoidance law. After a look at the nature of tax shelters, the essay discusses several statutory and regulatory methods of dealing...

This article examines the Supreme Court’s 2012 decision in National Federation of Business v. Sibelius (NFIB). That case held that the individual mandate penalty in the Obamacare legislation will be a tax and not a penalty, and that the penalty will therefore be constitutional under the Taxing...

This article discusses the Supreme Court’s decision in National Federation of Independent Business v. Sebelius, which concluded that the penalty in the Obamacare legislation for failure to acquire suitable health insurance will be a tax authorized by the Taxing Clause in the Constitution. The...