The Supreme Court’s decision in United Haulers has already earned a fair share of opprobrium. At the very best, the decision is hard to apply and at worst it is an unprincipled morass. This Article acknowledges the weaknesses of the articulated arguments in United Haulers - especially in light...

The reverberations of the tax revolt that began in California in 1978 remain very much with us. Taxes were cut dramatically first in California, then throughout the country at the state level, and then at the federal level. The tax revolt has generated a huge literature in the legal academy (and...

This essay analyzes whether U.S. state-level taxes on digital advertising — like Maryland’s new tax — are barred by the Internet Tax Freedom Act and argues that the Act’s prohibition against “discriminatory” taxes on electronic commerce should be construed narrowly

This Article analyzes the behavioral economics literatures on how individuals understand taxation (i.e., tax salience). We evaluate how taxpayers respond to different presentations of tax prices both in their roles as market participants and as voters. We aim to combat several naïve notions...