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Full-Text Articles in Law
Tax Cannibalization And Fiscal Federalism In The United States, David Gamage, Darien Shanske
Tax Cannibalization And Fiscal Federalism In The United States, David Gamage, Darien Shanske
Northwestern University Law Review
We began this project pondering a riddle. Most state governments have adopted what we—and many others—view as clearly suboptimal tax policies, especially in regard to the taxation of corporate income and capital gains. Yet, with the notable exception of those who oppose progressivity and the taxation of capital, state-level tax policymakers have had remarkably little appetite for reform. This Article provides one major explanation for this riddle by identifying and demonstrating a phenomenon that we label as “tax cannibalization.” We argue that flawed state-level tax policies derive in part from perverse incentives inadvertently created by the federal government.
In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy
In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy
Northwestern University Law Review
Over the last twenty years, domestic asset protection trusts have risen in popularity as a means of estate planning and asset protection. A domestic asset protection trust is an irrevocable trust formed under state law which enables an independent trustee to allocate money to a class of
persons, which includes the settlor.
Since Alaska first enacted domestic asset protection legislation in 1997, fifteen states have followed its lead. The case law over the last twenty years addressing these trust mechanisms has, however, been surprisingly sparse. A Washington bankruptcy court decision, In re Huber, altered this drought, but caused more confusion …
The Moonscape Of Tax Equality: Windsor And Beyond, Anthony C. Infanti
The Moonscape Of Tax Equality: Windsor And Beyond, Anthony C. Infanti
Northwestern University Law Review
No abstract provided.
Does Federal Spending "Coerce" States? Evidence From State Budgets, Brian Galle
Does Federal Spending "Coerce" States? Evidence From State Budgets, Brian Galle
Northwestern University Law Review
No abstract provided.
Did The Sixteenth Amendment Ever Matter? Does It Matter Today?, Erik M. Jensen
Did The Sixteenth Amendment Ever Matter? Does It Matter Today?, Erik M. Jensen
Northwestern University Law Review
No abstract provided.