The Costs of Uniformity: Federal Foreign Policymaking, State Sovereignty, and the Massachusetts Burma Law

Natsios v. National Foreign Trade Council, 181 F.3d 38 (1st Cir. 1999), cert. granted, 68 U.S.L.W. 3353 (Nov. 29, 1999) (No. 99-474). Last fall\u27s protests at the World Trade Organization (WTO) convention in Seattle evidenced mounting pressure by states and municipalities to retain their authority to further shared values of environmental conservation, labor standards, and human rights through their government procurement policies. As one local commentator lamented, the WTO has had a tremendous chilling effect on jurisdictions. ,, For example the Seattle City Council declined to enact a selective purchasing ordinance targeting human rights abuses in Burma after a similar law in Massachusetts was challenged before the WTO. That law, the Massachusetts Burma Law (MBL), now faces constitutional challenge as well. In Natsios v. National Foreign Trade Council, the Supreme Court will decide the MBL\u27s fate under U.S. law, presumably the validity of at least 31 other municipal selective purchasing laws targeting Burma and other countries and the ex post legality of 117 such laws aimed at apartheid South Africa

The Games They Will Play: Tax Games, Roadblocks, and Glitches Under the 2017 Tax Legislation

The 2017 tax legislation brought sweeping changes to the rules for taxing individuals and business, the deductibility of state and local taxes, and the international tax regime. The complex legislation was drafted and passed through a rushed and secretive process intended to limit public comment on one of the most consequential pieces of domestic policy enacted in recent history. This Article is an effort to supply the analysis and deliberation that should have accompanied the bill’s consideration and passage, and describes key problem areas in the new legislation. Many of the new changes fundamentally undermine the integrity of the tax code and allow well-advised taxpayers to game the new rules through strategic planning. These gaming opportunities are likely to worsen the bill’s distributional and budgetary costs beyond those expected in the official estimates. Other changes will encounter legal roadblocks, while drafting glitches could lead to uncertainty and haphazard increases or decreases in taxes. This Article also describes reform options for policymakers who will inevitably be tasked with enacting further changes to the tax law in order to undo the legislation’s harmful effects on the fiscal system

Maintaining the Strength of American Capitalism

The American economic system has always been the foundation of our national strength. But this foundation is showing cracks—from high levels of income inequality, declining economic mobility, and persistent economic insecurity among low- and middle-income Americans.Many now conclude that our economic system is broken. Recent polling data show that trust in capitalism is declining, especially among younger people. A 2018 Gallup poll found that less than half of respondents (45%) ages 18-29 held positive views of capitalism. This shift represents a 20-point decline since 2010 in the share of young adults' who held positive views of capitalism.The upshot is clear: American capitalism is in trouble. We need to strengthen our system to ensure that more people participate in our economic success. This means updating and adjusting our policies to ensure the outcomes of our market-based economy are consistent with fundamental American values of freedom, opportunity, and equality.Doing so isn't just an imperative for economic reasons. We believe that strengthening capitalism is as important for the health of the American economy as it is for the strength of our democracy. High levels of economic inequality will only contribute to increasing political dysfunction.The essays contained in this volume seek to clarify the lines of debate on some of the greatest economic policy challenges of our time and present evidence- based analysis on how to address them. It examines the hypothesis that growing market concentration is inhibiting a dynamic and competitive economy. Next, it examines the health of America's fiscal situation and what it implies about the continued strength of our market-based economy. Finally, it takes a hard look at recent policy proposals that would dramatically raise taxes on the rich and expand access to public benefit programs in response to high levels of income inequality and declining economic mobility.The perspectives presented in this volume are not intended to represent the consensus view of Aspen Economic Strategy Group members. Our goal is to equip policymakers with the best analysis available to better inform decision making and to help Americans better understand the difficult trade-offs our leaders face in making such decisions.There is no single solution to the challenges facing the American economy. The important role of evidence-based policies with bipartisan appeal, however, is difficult to overstate. This volume cannot claim to represent the end of thinking on ways to strengthen American capitalism, but we believe it provides a useful start

Brief of Tax Law Professors as \u3ci\u3eAmici Curiae\u3c/i\u3e in Support of Petitioner in \u3ci\u3eLoudoun County, Virginia v. Dulles Duty Free, LLC\u3c/i\u3e

Amici are professors of tax law at universities across the United States. As scholars and teachers, they have considered the doctrinal roots and practical consequences of judicial limits on state and local taxation. Amici join this brief solely on their own behalf and not as representatives of their universities. A full list of amici appears in the Appendix to this brief

The Costs of Uniformity: Federal Foreign Policymaking, State Sovereignty, and the Massachusetts Burma Law

Natsios v. National Foreign Trade Council, 181 F.3d 38 (1st Cir. 1999), cert. granted, 68 U.S.L.W. 3353 (Nov. 29, 1999) (No. 99-474). Last fall\u27s protests at the World Trade Organization (WTO) convention in Seattle evidenced mounting pressure by states and municipalities to retain their authority to further shared values of environmental conservation, labor standards, and human rights through their government procurement policies. As one local commentator lamented, the WTO has had a tremendous chilling effect on jurisdictions. ,, For example the Seattle City Council declined to enact a selective purchasing ordinance targeting human rights abuses in Burma after a similar law in Massachusetts was challenged before the WTO. That law, the Massachusetts Burma Law (MBL), now faces constitutional challenge as well. In Natsios v. National Foreign Trade Council, the Supreme Court will decide the MBL\u27s fate under U.S. law, presumably the validity of at least 31 other municipal selective purchasing laws targeting Burma and other countries and the ex post legality of 117 such laws aimed at apartheid South Africa

Reforming Tax Incentives Into Uniform Refundable Tax Credits

Each year the US federal individual income tax delivers over $500 billion worth of tax incentives intended to encourage socially beneficial activities. Currently the vast majority operate through deductions or exclusions, which link the size of the subsidy to the taxpayer's marginal tax bracket. This article argues that uniform refundable credits are a more efficient approach for tax incentives intended to correct for positive externalities, absent evidence that positive externalities exist or that externalities or elasticities associated with the subsidized activity vary by income class. Moreover, some type of refundable credit should almost always be the most efficient subsidy even if externalities or elasticities rise with income. Their efficiency benefits are further magnified by their tendency to automatically smooth household income and macroeconomic demand. This article thus proposes a dramatic change in how the government provides tax incentives for socially valued activities: the default for all such tax incentives should be a uniform refundable tax credit.