This essay develops three new doctrinal arguments in support of the conclusion that a state-level carbon tax with border adjustments should be permissible under the dormant commerce clause. This essay builds on our prior work to argue against the view that a single state cannot (practically)...

The traditional theoretical literature on fiscal federalism urges cities to finance themselves with taxes on immobile sources. Thus, the literature sees real property taxes as the best source of local revenue; real property, after all, cannot be easily moved. This same literature eschews local...

A centerpiece of the 2017 federal tax legislation’s reforms to international corporate income tax rules is the new global intangible low-taxed income regime (or GILTI). This essay addresses the question of whether U.S. state governments should conform to this new federal GILTI regime. As a...

The Tax Cut and Jobs Act (TCJA) was the most significant piece of federal tax legislation passed in thirty years. Not surprisingly, the TCJA has spurred the states to rethink their tax systems. This rethinking of state taxes was necessary even before the TCJA. To date, the states have primarily...

In most markets, it is considered desirable for consumers to have more choices. But health insurance regulation is different. When it comes to health insurance, giving consumers more choices can result in the market collapsing — leaving the sickest and most needy consumers without any good...

The fiscal constitutions of many states limit the ability of governments to raise taxes. These same constitutions typically do not impose similar limits on the ability of governments to impose a fee, say a building permit fee. But what if a locality chose to levy a gigantic building permit fee...

This essay argues that state governments should act to reform unemployment insurance eligibility and benefits and the taxes funding these programs, to better cope with the budget crises caused by COVID-19 and the economic downturn

This essay reports revised estimates for the tax cannibalization problem with respect to U.S. state-level corporate income taxes. The essay concludes that, although the tax cannibalization generated by state corporate income taxes has been substantially reduced since 2017, the magnitude of the...

This essay argues why more states should take advantage of opportunities under the Tax Cuts and Jobs Act by taxing repatriated income and conforming to the global intangible low-taxed income and the base erosion and anti-abuse tax regimes