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Darien Shanske

University of California, Davis - School of Law

Professor

400 Mrak Hall Dr

Davis, CA CA 95616-5201

  • University of California, Davis - School of Law

SCHOLARLY PAPERS

51

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3

Scholarly Papers (51)

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1.

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 (24,098)
Citation 2

Abstract:

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

2.

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 (43,533)

Abstract:

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

3.

The Philosophy of Tax: A Review of David Foster Wallace’s The Pale King

Law, Culture and the Humanities, Forthcoming
Number of pages: 18 Posted: 28 Jul 2012 Last Revised: 15 Oct 2013
Darien Shanske
University of California, Davis - School of Law
Downloads 252 (75,870)

Abstract:

David Foster Wallace, The Pale King, boredom, Heidegger

4.

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 (74,403)

Abstract:

e-commerce, internet commerce, sales tax, Quill

5.

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 (114,550)

Abstract:

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

6.

Hegel and the Justification for Arbitration in a Modern State

Yearbook on Arbitration and Mediation, Vol. 1, p. 445
Number of pages: 46 Posted: 30 Apr 2007 Last Revised: 14 Nov 2012
Darien Shanske
University of California, Davis - School of Law
Downloads 201 (114,550)

Abstract:

arbitration, Hegel, social contract

7.

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 (75,870)

Abstract:

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

8.

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 (146,232)

Abstract:

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

9.

A New Theory of the State Corporate Income Tax: The State Corporate Income Tax as Retail Sales Tax Complement

66 Tax Law Review 305 (2013)
Number of pages: 51 Posted: 06 Jun 2012 Last Revised: 29 Oct 2013
Darien Shanske
University of California, Davis - School of Law
Downloads 165 (119,337)

Abstract:

state corporate income tax, single sales factor, formulary apportionment, destination basis

10.

What the Original Property Tax Revolutionaries Wanted (and it is Not What You Think) - Review of Isaac William Martin, the Permanent Tax Revolt: How the Property Tax Transformed American Politics (Stanford University Press, 2008)

California Journal of Politics and Policy, Vol. 1, No. 1, Article 18, 2009
Number of pages: 17 Posted: 24 Feb 2009 Last Revised: 14 Nov 2012
Darien Shanske
University of California, Davis - School of Law
Downloads 137 (165,687)

Abstract:

Proposition 13, tax revolt, Tiebout, property tax

11.

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 (94,036)

Abstract:

12.

Revitalizing Aristotle's Doctrine of Equity

Journal of Law, Culture and the Humanities, Vol. 4, p. 352, 2008
Number of pages: 31 Posted: 25 May 2006 Last Revised: 14 Nov 2012
Darien Shanske
University of California, Davis - School of Law
Downloads 132 (160,930)

Abstract:

Aristotle, equity, epieikeia, arbitration, Heidegger, rhetoric

13.

Thucydides and Lawfulness

Thucydides - a violent teacher? History and its representations (Georg Rechenauer & Vassiliki Pothou, eds.) 2011
Number of pages: 18 Posted: 19 Apr 2012
Darien Shanske
University of California, Davis - School of Law
Downloads 111 (169,381)

Abstract:

14.

Revitalizing Local Political Economy Through Modernizing the Property Tax

Tax Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 374
Number of pages: 53 Posted: 23 Mar 2014 Last Revised: 23 Apr 2014
Darien Shanske
University of California, Davis - School of Law
Downloads 105 (162,778)

Abstract:

property tax, withholding, salience, state and local public finance, circuit breakers

15.

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 (216,992)

Abstract:

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

16.

Above All Else Stop Digging: Local Government Law as a (Partial) Cause of (and Solution to) the Current Housing Crisis

University of Michigian Journal Law Reform, Vol. 43, p. 663
Number of pages: 50 Posted: 22 Aug 2008 Last Revised: 08 May 2015
Darien Shanske
University of California, Davis - School of Law
Downloads 103 (203,098)

Abstract:

Tiebout, property tax, Mello-Roos tax, assessment districts, residential segregation, housing crisis

17.

Public Tax Dollars for Private Suburban Development: A First Report on a National Phenomenon

Virginia Tax Review, Winter 2007
Number of pages: 59 Posted: 09 Oct 2006
Darien Shanske
University of California, Davis - School of Law
Downloads 86 (229,060)

Abstract:

capitalization, property tax, Proposition 13, Mello-Roos tax, tax-exempt financing, suburban development

18.

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 (232,369)

Abstract:

tax salience

19.

The Supreme Court and the New Old Public Finance: A New Old Defense of the Court’s Recent Dormant Commerce Clause Jurisprudence

Urban Lawyer, Vol. 43, p. 659, 2011
Number of pages: 64 Posted: 20 Sep 2010 Last Revised: 14 Nov 2012
Darien Shanske
University of California, Davis - School of Law
Downloads 74 (259,027)

Abstract:

20.

The Feds are Already Here: The Federal Role in Municipal Debt Finance

33 Review of Banking and Financial Law 795 (2014), UC Davis Legal Studies Research Paper No. 383
Number of pages: 18 Posted: 19 May 2014 Last Revised: 17 Jun 2014
Darien Shanske
University of California, Davis - School of Law
Downloads 71 (257,041)

Abstract:

municipal debt, municipal securities law, tax exempt bonds, land secured debt

21.

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
Darien Shanske, Alan B. Morrison, Joseph Bankman, Jordan M. Barry, Barbara H. Fried, David Gamage, Andrew J. Haile, Kirk J. Stark, John A. Swain and Dennis J. Ventry Jr.
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 (150,874)

Abstract:

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

22.

Four Theses: Preliminary to an Appeal to Equity

Stanford Law Review, Vol. 57, p. 2053, 2005
Number of pages: 45 Posted: 25 May 2006 Last Revised: 14 Nov 2012
Darien Shanske
University of California, Davis - School of Law
Downloads 64 (273,236)
Citation 1

Abstract:

Aristotle, equity, epieikeia, hegel, kant,

23.

How Less Can Be More: Using the Federal Income Tax to Stabilize State and Local Finance

31 Virginia Tax Review 413 (2012)
Number of pages: 58 Posted: 21 Oct 2011 Last Revised: 14 Nov 2012
Darien Shanske
University of California, Davis - School of Law
Downloads 63 (255,143)

Abstract:

24.

Local Fiscal Autonomy Requires Constraints: The Case for Fiscal Menus

Stanford Law & Policy Review, Forthcoming, UC Davis Legal Studies Research Paper No. 356
Number of pages: 21 Posted: 15 Oct 2013 Last Revised: 19 Oct 2013
Darien Shanske
University of California, Davis - School of Law
Downloads 62 (275,350)

Abstract:

fiscal federalism, municipal finance, local debt, local taxes

25.

State-Level Carbon Taxes and the Dormant Commerce Clause: Can Formulary Apportionment Save the World?

Chapman Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 387
Number of pages: 17 Posted: 05 Jun 2014 Last Revised: 16 Aug 2014
Darien Shanske
University of California, Davis - School of Law
Downloads 59 (224,458)

Abstract:

carbon taxes, dormant commerce clause, formulary apportionment, subnational taxation

26.

Clearing Away Roadblocks to Funding California’s Infrastructure

54 State Tax Notes 567 (2009)
Number of pages: 12 Posted: 02 Mar 2009 Last Revised: 16 Jul 2012
Darien Shanske
University of California, Davis - School of Law
Downloads 59 (293,568)

Abstract:

Infrastructure finance, public private partnerships, P3, assessment districts, demand management, Proposition 218

27.

Engquist and the Erosion of the Equal Protection Clause: An Attempt to Stop the Creep of Irrational Dicta

Hastings Law Journal, Vol. 61, p. 969
Number of pages: 30 Posted: 16 Nov 2009 Last Revised: 14 Nov 2012
Darien Shanske
University of California, Davis - School of Law
Downloads 57 (305,877)

Abstract:

28.

Going Forward by Going Backward to Benefit Taxes

California Journal of Politics and Policy, vol. 3, iss. 2, art. 14 (2011)
Number of pages: 21 Posted: 24 Jan 2011 Last Revised: 14 Nov 2012
Darien Shanske
University of California, Davis - School of Law
Downloads 56 (295,883)

Abstract:

29.

What Would the Delegates Talk About? A Rough Agenda for a Constitutional Convention

Hastings Constitutional Law Quarterly, Vol. 37, p. 641
Number of pages: 20 Posted: 05 Mar 2010 Last Revised: 14 Nov 2012
Darien Shanske
University of California, Davis - School of Law
Downloads 50 (316,460)

Abstract:

30.

Brief of Interested Law Professors in Direct Marketing Association v. Brohl (10th Circuit)

UC Davis Legal Studies Research Paper No. 429, Stanford Public Law Working Paper No. 2608807
Number of pages: 45 Posted: 23 May 2015 Last Revised: 03 Aug 2015
Darien Shanske, Alan B. Morrison, Kirk J. Stark, Joseph Bankman, Jordan M. Barry, Barbara H. Fried, John A. Swain and Dennis J. Ventry Jr.
University of California, Davis - School of Law, George Washington University - Law School, University of California, Los Angeles (UCLA) - School of Law, Stanford Law School, University of San Diego School of Law, Stanford Law School, University of Arizona - James E. Rogers College of Law and University of California, Davis - School of Law
Downloads 40 (259,027)

Abstract:

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

31.

Municipal Finance and Asymmetric Risk

Downloads 37 (372,977)

Municipal Finance and Asymmetric Risk

Belmont Law Review, Forthcoming
Number of pages: 20 Posted: 02 Feb 2017 Last Revised: 08 May 2017
Lori Raineri and Darien Shanske
Government Financial Strategies Inc. and University of California, Davis - School of Law
Downloads 28 (420,056)

Abstract:

Municipal Finance and Asymmetric Risk

Belmont Law Review, Vol. 4, p. 65 (2017), Belmont University College of Law Research Paper No. 2017-19
Number of pages: 20 Posted: 03 Jun 2017
Lori Raineri and Darien Shanske
Government Financial Strategies Inc. and University of California, Davis - School of Law
Downloads 9 (527,804)

Abstract:

Municipal Finance, Auction Rate Securities (ARS)

32.

How Should We Govern Ourselves at Home?

Journal of Law, Culture and the Humanities, Forthcoming
Number of pages: 19 Posted: 09 Sep 2009 Last Revised: 14 Nov 2012
Darien Shanske
University of California, Davis - School of Law
Downloads 35 (352,465)

Abstract:

Athens, democratic theory, open access orders, municipal incorporation

33.

Attention Carbon Auditors: There is Low-Hanging Fruit in the Private Activity Bond Regulations

Tax Notes, Vol. 127, No. 693, 2010
Number of pages: 17 Posted: 17 Jul 2010
Darien Shanske
University of California, Davis - School of Law
Downloads 33 (362,363)

Abstract:

assessments, private activity bonds, land-secured finance, sprawl

34.

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 (170,366)

Abstract:

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

35.

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 (160,022)

Abstract:

36.

Using Taxes to Support Multiple Health Insurance Risk Pools

State Tax Notes, Vol. 85, No. 9, 2017
Number of pages: 5 Posted: 19 Sep 2017
David Gamage and Darien Shanske
Indiana University Maurer School of Law and University of California, Davis - School of Law
Downloads 0

Abstract:

affordable care act, adverse selection, health care tax

37.

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 (428,337)

Abstract:

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

38.

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 (418,400)

Abstract:

39.

Interpreting State Fiscal Constitutions: A Modest Proposal

Rutgers Law Review, Forthcoming
Number of pages: 22 Posted: 20 Jun 2017 Last Revised: 22 Jul 2017
Darien Shanske
University of California, Davis - School of Law
Downloads 0 (342,833)

Abstract:

Taxes versus Fees, State Fiscal Constitutions, Tax and Expenditure Limitations, Direct Democracy

40.

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 (237,213)

Abstract:

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

41.

The (Now Urgent) Case for State-Level Monitoring of Local Government Finances (or, One Way to Protect Localities from Trump's 'Potemkin Villages of Nothing')

NYU Journal of Legislation & Public Policy, Forthcoming
Number of pages: 39 Posted: 10 May 2017
Darien Shanske
University of California, Davis - School of Law
Downloads 0 (433,477)

Abstract:

Municipal Finance, Municipal Debt, Financial Regulation, Local Government Law, Local Tax Policy

42.

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 (349,221)

Abstract:

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

43.

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 (215,495)

Abstract:

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

44.

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
Richard D. Pomp, Joseph Bankman, Jordan M. Barry, David Gamage, Andrew J. Haile, Hayes R Holderness, Darien Shanske, Kirk J. Stark, John A. Swain, Dennis J. Ventry Jr. and Edward A. Zelinsky
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 (300,815)

Abstract:

45.

Solving 'Problems No One Has Solved': Courts, Causal Inference, and the Right to Education

University of Illinois Law Review, Vol. 2018, 2018
Number of pages: 65 Posted: 17 Dec 2016 Last Revised: 16 Mar 2017
Christopher S. Elmendorf and Darien Shanske
University of California, Davis - School of Law and University of California, Davis - School of Law
Downloads 0 (262,877)

Abstract:

right to education, state constitutional law

46.

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 (230,719)

Abstract:

tax law, tax policy, fiscal federalism, tax cannibalization

47.

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 (279,798)

Abstract:

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

48.

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 (160,022)

Abstract:

tax law, tax policy, fiscal federalism, tax cannibalization

49.

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 (92,585)

Abstract:

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

50.

Local Government Finance as Integrated System: The Uneasy Case for Using Special Districts in Real Estate Finance (A Response to Odinet's Super-Liens to the Rescue? A Case Against Special Districts in Real Estate Finance)

Washington and Lee Law Review Online, Vol. 72, No. 191, 2015, UC Davis Legal Studies Research Paper No. 475
Number of pages: 14 Posted: 31 Oct 2015 Last Revised: 14 Dec 2015
Darien Shanske
University of California, Davis - School of Law
Downloads 0 (362,363)

Abstract:

special assessments, special district, real estate finance

51.

Thucydides and Law: A Response to Leiter

19 Legal Theory 282 (2013)
Number of pages: 24 Posted: 19 Apr 2012 Last Revised: 28 Jan 2017
Darien Shanske
University of California, Davis - School of Law
Downloads 0 (515,394)

Abstract:

Thucydides, Brian Leiter, Legal Realism, Jurisprudence, Dworkin, Epieikeia

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