David Gamage

Indiana University Maurer School of Law

Professor of Law

211 S. Indiana Avenue

Bloomington, IN 47405

United States

http://www.law.indiana.edu/about/people/bio.php?name=gamage-david

SCHOLARLY PAPERS

51

DOWNLOADS

12,368

CITATIONS

8

Scholarly Papers (51)

1.

Perverse Incentives Arising from the Tax Provisions of Healthcare Reform: Why Further Reforms are Needed to Prevent Avoidable Costs to Low- and Moderate-Income Workers

65 Tax Law Review 669 (2012), UC Berkeley Public Law Research Paper No. 2067138
Number of pages: 54 Posted: 27 May 2012 Last Revised: 03 Jan 2013
David Gamage
Indiana University Maurer School of Law
Downloads 980 (14,350)

Abstract:

tax, health, healthcare, affordable care act, Obamacare, effective taxes, tax credit, individual mandate, adverse selection, tax penalties, tax administration, social welfare

2.

Three Essays on Tax Salience: Market Salience and Political Salience

Tax Law Review, Vol. 65, p. 19, 2011
Number of pages: 80 Posted: 08 Mar 2011 Last Revised: 14 Nov 2012
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 632 (24,218)
Citation 2

Abstract:

tax salience, taxation, tax, behavioral public finance, behavioral economics, hidden taxes, fiscal illusion

3.

Preventing State Budget Crises: Managing the Fiscal Volatility Problem

California Law Review, Vol. 98, p. 749, 2010, UC Berkeley Public Law Research Paper No. 1505283
Number of pages: 63 Posted: 14 Nov 2009 Last Revised: 01 Mar 2011
David Gamage
Indiana University Maurer School of Law
Downloads 576 (36,891)
Citation 1

Abstract:

4.

Commodification and Contract Formation: Placing the Consideration Doctrine on Stronger Foundations

University of Chicago Law Review, Vol. 73, 2006, U of Texas Law, Law and Econ Research Paper No. 062
Number of pages: 87 Posted: 17 Sep 2005
David Gamage and Allon Kedem
Indiana University Maurer School of Law and Independent
Downloads 544 (37,815)
Citation 1

Abstract:

Consideration, contract, law, game theory, signaling, social norms, commodification, Aghion, Hermalin, norms, prisoner's dillema

5.

A Better Way Forward for State Taxation of E-Commerce

92 Boston University Law Review 483 (2012), UC Berkeley Public Law Research Paper No. 1948792
Number of pages: 52 Posted: 25 Oct 2011 Last Revised: 01 Feb 2014
David Gamage and Devin J. Heckman
Indiana University Maurer School of Law and affiliation not provided to SSRN
Downloads 514 (32,301)

Abstract:

Tax, e-Commerce, Quill, Internet Tax, Amazon

6.

Coping through California's Budget Crises in Light of Proposition 13 and California's Fiscal Constitution

PROPOSITION 13 AT 30, Jack Citrin & Isaac Martin, eds., 2009
Number of pages: 20 Posted: 31 Aug 2008 Last Revised: 24 Feb 2009
David Gamage
Indiana University Maurer School of Law
Downloads 456 (47,144)

Abstract:

state budget, budget crisis, fiscal constitution, budgetary, california, initiative, referendum, proposition 13

7.

Taxation: Law, Planning, and Policy (Second Edition)

TAXATION: LAW, PLANNING, AND POLICY (SECOND EDITION), Anderson, 2010
Number of pages: 107 Posted: 31 May 2011 Last Revised: 11 Jun 2011
David Gamage and Michael A. Livingston
Indiana University Maurer School of Law and Rutgers Law School
Downloads 368 (50,131)

Abstract:

tax, casebook, taxation, tax planning, tax policy, tax law

8.

Why the Affordable Care Act Authorizes Tax Credits on the Federal Exchanges

State Tax Notes, Vol. 71, No. 4, 2014, UC Berkeley Public Law Research Paper No. 2389446, UC Davis Legal Studies Research Paper No. 368
Number of pages: 7 Posted: 01 Feb 2014 Last Revised: 08 Nov 2014
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 338 (44,178)

Abstract:

Obamacare, healthcare reform, health, tax credits, Adler, Cannon, Pruitt, Halbig, Sebelius, Affordable Care Act, ACA

9.

Taxing Political Donations: The Case for Corrective Taxes in Campaign Finance

Yale Law Journal, Vol. 113, p. 1283, 2004
Number of pages: 49 Posted: 12 Oct 2005 Last Revised: 25 Nov 2014
David Gamage
Indiana University Maurer School of Law
Downloads 334 (72,798)
Citation 3

Abstract:

Campaign finance, political donations, election law, contribution ceilings, campaign regulation, election, donation, McCain, Feingold, BCRA, contribution taxes

10.

Experimental Evidence of Tax Salience and the Labor-Leisure Decision: Anchoring, Tax Aversion, or Complexity?

Public Finance Review, Vol. 41, pp. 203, 2013 , UC Berkeley Public Law Research Paper No. 2067157, NYU Law and Economics Research Paper No. 12-14
Number of pages: 37 Posted: 28 May 2012 Last Revised: 25 Feb 2013
University of Virginia - School of Law, University of California, Berkeley and Indiana University Maurer School of Law
Downloads 293 (60,234)

Abstract:

experiment, framing, partitioned pricing, labor supply, taxation, tax salience

11.

How Should Governments Promote Distributive Justice?: A Framework for Analyzing the Optimal Choice of Tax Instruments

Tax Law Review, Vol. 68, 2014, UC Berkeley Public Law Research Paper No. 2411272
Number of pages: 88 Posted: 20 Mar 2014 Last Revised: 23 Nov 2015
David Gamage
Indiana University Maurer School of Law
Downloads 288 (48,668)

Abstract:

double distortion, distribution, tax instrument, legal rule, tax, optimal tax, Ramsey, Atkinson, Stiglitz, sufficient statistic

12.

The Case for Taxing (All of) Labor Income, Consumption, Capital Income, and Wealth

68 Tax Law Review 355 (2015), UC Berkeley Public Law Research Paper No. 2465522
Number of pages: 88 Posted: 14 Jul 2014 Last Revised: 23 Nov 2015
David Gamage
Indiana University Maurer School of Law
Downloads 274 (41,947)

Abstract:

optimal tax, tax law, income tax, value added tax, VAT, capital income tax, wealth tax, capital tax

13.

Preventing Government Shutdowns: Designing Default Rules for Budgets

David Scott Louk & David Gamage, Preventing Government Shutdowns: Designing Default Rules for Budgets, 86 U. Colo. L. Rev. 181 (2015)., UC Berkeley Public Law Research Paper No. 2339314
Number of pages: 79 Posted: 13 Oct 2013 Last Revised: 22 Oct 2015
David Scott Louk and David Gamage
University of California, Berkeley, School of Law, Students and Indiana University Maurer School of Law
Downloads 240 (102,062)

Abstract:

government shutdown, default budget, automatic continuing appropriations, fiscal politics, state budget, federal budget

14.

A Potential Game Changer in E-Commerce Taxation

State Tax Notes, Vol. 67, No. 10, 2013, UC Berkeley Public Law Research Paper No. 2233751
Number of pages: 5 Posted: 16 Mar 2013
Andrew J. Haile, David Gamage and Darien Shanske
Elon University School of Law, Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 219 (76,116)

Abstract:

e-commerce, internet commerce, sales tax, Quill

15.

On Tax Increase Limitations: Part I - A Costly Incoherence

State Tax Notes, Vol. 62, No. 12, 2011
Number of pages: 5 Posted: 21 Dec 2011
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 214 (113,647)

Abstract:

tax increase, tax, balanced budget, tax expenditure, state and local tax. budget, fiscal policy

16.

Experimental Evidence of Tax Framing Effects on the Work/Leisure Decision

Number of pages: 32 Posted: 25 Jun 2010 Last Revised: 07 Mar 2011
Indiana University Maurer School of Law, University of Virginia - School of Law and University of California, Berkeley
Downloads 210 (94,820)

Abstract:

Experiment, Framing, Labor Supply, Taxation

17.

The Saga of State ‘Amazon’ Laws: Reflections on the Colorado Decision

State Tax Notes, Vol. 65, No. 3, 2012, UC Berkeley Public Law Research Paper No. 2111433
Number of pages: 6 Posted: 18 Jul 2012 Last Revised: 02 Dec 2014
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 181 (77,699)

Abstract:

tax, e-commerce, Amazon laws, injunction act, colorado, huber

18.

On Tax Increase Limitations: Part II — Evasion and Transcendence

State Tax Notes, Vol. 64, No. 4, 2012
Number of pages: 6 Posted: 24 Apr 2012
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 167 (145,115)

Abstract:

tax increase, tax, balanced budget, tax expenditure, state and local tax. budget, fiscal policy

19.

Taxation and Incentives in the Business Enterprise

ENTERPRISE LAW: CONTRACTS, MARKETS, AND LAWS IN THE US AND JAPAN, Zenichi Shishido, ed., Forthcoming, U of Maryland Legal Studies Research Paper No. 2013-3
Number of pages: 14 Posted: 07 Dec 2012 Last Revised: 16 Jul 2013
David Gamage and Shruti Rana
Indiana University Maurer School of Law and Indiana University Bloomington - School of Global and International Studies
Downloads 163 (97,861)

Abstract:

tax law, enterprise law, U.S., Japan

20.

Managing California's Fiscal Roller Coaster

State Tax Notes, Vol. 49, No. 10, 2008
Number of pages: 10 Posted: 11 Sep 2008 Last Revised: 24 Feb 2009
David Gamage
Indiana University Maurer School of Law
Downloads 139 (170,081)
Citation 1

Abstract:

21.

The Case for a State-Level Debt-Financing Authority

State Tax Notes, Vol. 67, No. 3, 2013
Number of pages: 6 Posted: 25 Jan 2013
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 135 (96,280)

Abstract:

22.

Which is Worse, Tax Fluctuations or Spending Fluctuations?

National Tax Association, Proceedings of the 102nd Annual Conference, 2009
Number of pages: 7 Posted: 09 Jun 2010 Last Revised: 16 Jan 2013
David Gamage
Indiana University Maurer School of Law
Downloads 123 (184,679)

Abstract:

fiscal volatility

23.

On the Future of Tax Salience Scholarship: Operative Mechanisms and Limiting Factors

Florida State University Law Review, Vol. 41, No. 173, 2013
Number of pages: 32 Posted: 18 Feb 2014 Last Revised: 25 Nov 2014
David Gamage
Indiana University Maurer School of Law
Downloads 121 (100,764)

Abstract:

tax salience, cognition, psychology, perception, tax rates, voter, economics, fiscal

24.

The Trouble with Tax Increase Limitations

6 Albany Government Law Review 50 (2012)
Number of pages: 33 Posted: 19 Mar 2013
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 104 (215,469)

Abstract:

tax increase limitations, tax expenditure limitations, balanced budget rules, tax expenditures

25.

Vendor Compensation as an Approach for State ‘Amazon’ Laws: Part 1

State Tax Notes, Vol. 65, No. 6, p. 385, August 2012, UC Berkeley Public Law Research Paper No. 2126198
Number of pages: 11 Posted: 08 Aug 2012
David Gamage and Devin J. Heckman
Indiana University Maurer School of Law and affiliation not provided to SSRN
Downloads 91 (230,692)

Abstract:

26.

Managing Fiscal Volatility by Redefining ‘Tax Cuts’ and ‘Tax Hikes’

State Tax Notes, Vol. 58, No. 2, 2010, UC Berkeley Public Law Research Paper No. 1690614
Number of pages: 12 Posted: 12 Oct 2010
David Gamage and Jeremy Bearer-Friend
Indiana University Maurer School of Law and University of California at Berkeley
Downloads 88 (229,086)

Abstract:

Fiscal Volatility

27.

Enterprise Law Conference of 2014: Edited Transcript

Number of pages: 202 Posted: 26 Sep 2014
Hitotsubashi University Graduate School of International Corporate Strategy, University of California, Berkeley - School of Law, Hitotsubashi University, Indiana University Maurer School of Law, University of California, Berkeley - School of Law, University of Tokyo - Graduate School of Law and Politics, University of California, Berkeley, Independent, Gakushuin University, Kobe University, Graduate School of Law, Waseda Business School, University of Tokyo, Tokyo Institute of Technology, Nagoya University, Graduate School of law, Columbia Law School, Independent, Waseda University - Graduate School of Commerce, Nomura Institute of Capital Markets Research, Harvard Law School, Indiana University Bloomington - School of Global and International Studies, Yale Law School, Waseda University, Independent, Doshisha University, Faculty of Law, Hitotsubashi University Graduate School of International Corporate Strategy, Independent, Independent, Independent, Independent, University of Virginia School of Law, Waseda University - School of Law and University of Tokyo - Faculty of Economics
Downloads 83 (116,770)

Abstract:

28.

Comments on Daniel Shaviro’s Tax Reform Implications of the Risk of a U.S. Budget Catastrophe

50 University of Louisville Law Review 599 (2012)
Number of pages: 3 Posted: 21 May 2012
David Gamage
Indiana University Maurer School of Law
Downloads 78 (185,821)

Abstract:

budget, tax, shaviro

29.

Vendor Compensation as an Approach for State ‘Amazon’ Laws: Part 2

State Tax Notes, Vol. 65, No. 7, 2012, UC Berkeley Public Law Research Paper No. 2128897
Number of pages: 18 Posted: 14 Aug 2012
David Gamage and Devin J. Heckman
Indiana University Maurer School of Law and affiliation not provided to SSRN
Downloads 77 (249,513)

Abstract:

tax, e-commerce, internet, cybertax, Quill, tax compliance costs

30.

The Case for Reducing the Market Salience of Taxation

National Tax Association, Proceedings of the 103rd Annual Conference, 2010
Number of pages: 6 Posted: 23 Mar 2012 Last Revised: 14 Nov 2012
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 77 (230,692)

Abstract:

tax salience

31.

Minimizing the Harm of State Fiscal Volatility

State Tax Notes, Vol. 57, No. 10, p. 633, 2010
Number of pages: 14 Posted: 11 Sep 2010 Last Revised: 07 Mar 2011
Jeremy Bearer-Friend and David Gamage
University of California at Berkeley and Indiana University Maurer School of Law
Downloads 74 (249,513)

Abstract:

32.

Brief of Interested Law Professors as Amici Curiae Supporting Respondent in Direct Marketing Association v. Brohl

Stanford Public Law Working Paper No. 2516159, San Diego Legal Studies Paper No. 14-71, UC Davis Legal Studies Research Paper No. 400, UC Berkeley Public Law Research Paper No. 2516159, UCLA School of Law Research Paper No. 14-19
Number of pages: 38 Posted: 31 Oct 2014 Last Revised: 07 Nov 2014
University of California, Davis - School of Law, George Washington University - Law School, Stanford Law School, University of San Diego School of Law, Stanford Law School, Indiana University Maurer School of Law, Elon University School of Law, University of California, Los Angeles (UCLA) - School of Law, University of Arizona - James E. Rogers College of Law and University of California, Davis - School of Law
Downloads 68 (151,347)

Abstract:

sales and use tax, third-party reporting, tax injunction act, dormant commerce clause, Quill v. North Dakota

33.

A Way Forward for Tax Law and Economics? A Response to Osofsky's 'Frictions, Screening, and Tax Law Design'

61 Buffalo Law Review 189, 2014, UC Berkeley Public Law Research Paper No. 2438141
Number of pages: 4 Posted: 22 Jun 2014
David Gamage
Indiana University Maurer School of Law
Downloads 64 (164,403)

Abstract:

34.

On Double-Distortion Arguments, Distribution Policy, and the Optimal Choice of Tax Instruments

106 PROCEEDINGS OF THE NATIONAL TAX ASSOCIATION ANNUAL CONFERENCE ON TAXATION, Forthcoming
Number of pages: 19 Posted: 01 Sep 2014
David Gamage
Indiana University Maurer School of Law
Downloads 55 (158,870)

Abstract:

double-distortion, Kaplow, Shavell, Atkinson, Stiglitz, consumption tax, distribution

35.

Testimony Before the California State Assembly, Committee on Revenue and Taxation, Informational Hearing on Academic Perspectives on the Tax Recommendations of the Commission on the 21st Century Economy

UC Berkeley Public Law Research Paper No. 1608504
Number of pages: 6 Posted: 16 May 2010 Last Revised: 12 Oct 2014
David Gamage
Indiana University Maurer School of Law
Downloads 44 (303,713)

Abstract:

36.

California’s Tax System in Crisis and Beyond: Testimony Before the California State Assembly, Committee on Revenue and Taxation

Number of pages: 4 Posted: 16 May 2010 Last Revised: 12 Oct 2014
David Gamage
Indiana University Maurer School of Law
Downloads 38 (343,706)

Abstract:

37.

O Que É Pior, Flutuações Fiscais Ou Flutuações De Gastos? (in Portuguese) (Which is Worse, Tax Fluctuations or Spending Fluctuations?) (in English)

Revista Tributaria das Americas, Vol. 2, p. 245, 2011
Posted: 13 Sep 2011 Last Revised: 20 Sep 2011
David Gamage
Indiana University Maurer School of Law
Downloads 33 (370,395)

Abstract:

38.

Using Taxes to Improve Cap and Trade, Part I: Distribution

75 State Tax Notes 99 (2015), UC Davis Legal Studies Research Paper No. 425
Number of pages: 5 Posted: 20 Mar 2015 Last Revised: 18 Apr 2015
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 29 (171,061)

Abstract:

cap and trade, carbon tax, state tax, AB 32, California tax

39.

The Implications of Alabama Department of Revenue v. CSX Transportation Inc. and Direct Marketing Association v. Brohl

State Tax Notes, Vol. 76, No. 6, 2015, UC Berkeley Public Law Research Paper No. 2616561, UC Davis Legal Studies Research Paper No. 441
Number of pages: 5 Posted: 11 Jun 2015 Last Revised: 15 Dec 2015
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 25 (161,558)

Abstract:

40.

Memorandum on California State Proposition 1A

Number of pages: 3 Posted: 14 May 2010 Last Revised: 12 Oct 2014
David Gamage
Indiana University Maurer School of Law
Downloads 22 (401,927)

Abstract:

rainy day funds

41.

How States Can Respond to the AHCA: Using the Mccarran-Ferguson Act

State Tax Notes, Vol. 85, No. 4, 2017
Number of pages: 5 Posted: 09 Aug 2017
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 0 (502,876)

Abstract:

health care, health care reform, state tax, dormant commerce clause, McCarran-Ferguson Act

42.

A New Theory of Equitable Apportionment

State Tax Notes, Volume 85, Number 3, page 267, July 2017
Number of pages: 5 Posted: 02 Aug 2017 Last Revised: 12 Aug 2017
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 0 (472,129)

Abstract:

43.

The American Health Care Act Would Toss the States a Hot Potato

State Tax Notes, Vol. 84, No. 6, 2017, UC Davis Legal Studies Research Paper
Number of pages: 5 Posted: 24 May 2017
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 0 (251,382)

Abstract:

tax, healthcare, health, obamacare, affordable care act, american health care act

44.

A State-Level Carbon Tax with Border Adjustments

State Tax Notes, Vol. 83, No. 11, 2017
Number of pages: 8 Posted: 03 Apr 2017
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 0 (363,394)

Abstract:

carbon tax, border adjustments, state and local tax, state tax, carbon tax

45.

Why a State-Level Carbon Tax Can Include Border Adjustments

State Tax Notes, Vol. 83, No. 7, 2017
Number of pages: 6 Posted: 06 Mar 2017
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 0 (215,469)

Abstract:

Tax, State and Local Tax, SALT, Border Adjustment, Carbon Tax, Cap and Trade, AB 32

46.

Brief of Interested Law Professors As Amici Curiae Supporting Petitioner in Brohl v. Direct Marketing Association

Indiana Legal Studies Research Paper No. 361
Number of pages: 29 Posted: 20 Dec 2016 Last Revised: 20 Jan 2017
University of Connecticut - School of Law, Stanford Law School, University of San Diego School of Law, Indiana University Maurer School of Law, Elon University School of Law, University of Richmond - School of Law, University of California, Davis - School of Law, University of California, Los Angeles (UCLA) - School of Law, University of Arizona - James E. Rogers College of Law, University of California, Davis - School of Law and Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 0 (306,328)

Abstract:

47.

Tax Cannibalization and State Government Tax Incentive Programs

State Tax Notes, Vol. 82, No. 3, October 2016, Indiana Legal Studies Research Paper No. 364
Number of pages: 6 Posted: 16 Nov 2016 Last Revised: 20 Jan 2017
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 0 (238,928)

Abstract:

tax law, tax policy, fiscal federalism, tax cannibalization

48.

Using Taxes to Improve Cap and Trade: Efficient Pricing

State Tax Notes, Vol. 81, No. 10, 2016, Indiana Legal Studies Research Paper No. 363
Number of pages: 5 Posted: 04 Oct 2016 Last Revised: 20 Jan 2017
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 0 (277,852)

Abstract:

Cap and Trade, Tax, Global Warming, Carbon Tax, AB 32, Greenhouse Gas, Environmental Tax

49.

The Federal Government's Power to Restrict State Taxation

81 STATE TAX NOTES 547 (2016), Indiana Legal Studies Research Paper No. 362
Number of pages: 8 Posted: 13 Sep 2016 Last Revised: 20 Jan 2017
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 0 (158,870)

Abstract:

tax law, tax policy, fiscal federalism, tax cannibalization

50.

Tax Cannibalization and Fiscal Federalism in the United States

111 Northwestern University Law Review 295 (2017)
Number of pages: 82 Posted: 21 Mar 2016 Last Revised: 01 Mar 2017
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 0 (92,198)

Abstract:

state and local tax, vertical externalities, horizontal externalities, fiscal federalism, tax

51.

Foreword: King v. Burwell Symposium: Comments on the Commentaries (and on Some Elephants in the Room)

2015 Pepperdine Law Review 1
Number of pages: 5 Posted: 25 Oct 2015 Last Revised: 25 Nov 2015
David Gamage
Indiana University Maurer School of Law
Downloads 0 (184,679)

Abstract:

Other Papers (1)

Total Downloads: 19    Citations: 0
1.

Prompt on the King v. Burwell Case

Columbia Journal of Tax Law, Tax Matters, Vol. 6, No. 1, 2015
Number of pages: 2 Posted: 30 Mar 2015 Last Revised: 12 Sep 2016
David Gamage
Indiana University Maurer School of Law
Downloads 14

Abstract: