USC Gould Search

Faculty

Edward McCaffery

Edward McCaffery

Robert C. Packard Trustee Chair in Law and Professor of Law, Economics and Political Science

Last Updated: Wednesday, April 26, 2017

Email:
Telephone: (213) 740-2567
699 Exposition Blvd. Los Angeles, CA 90089-0074 USA Room: 420
Personal Website: Link

Download vCard
Download Curriculum Vitae

Academic Paper Websites:

An internationally recognized expert in tax law, Professor McCaffery studies tax policy, tax structures, public finance theory including behavioral public finance, as well as property law and theory, intellectual property, and law and economics.  He teaches Federal Income Taxation, Property, Intellectual Property, and Tax Law and Policy at USC.

Professor McCaffery also teaches Corporate Taxation, Federal Income Taxation, Partnership Taxation, Property and a Tax Policy seminar.

Professor McCaffery's scholarship has been widely cited by economists, government officials, journalists and policy analysts.  Among his publications are his recent books, Behavioral Public Finance (which McCaffery co-edited); Fair Not Flat:  How to Make the Tax System Better and Simpler, which proposes a tax system based on taxing spending rather than income; and Taxing Women, which examines how working women suffer under current tax laws.  Other publications include Rethinking the Vote:  The Politics and Prospects of American Election Reform, which he co-edited.  Another book, A New Understanding of Property, will be published later this year. 

Professor McCaffery is a frequent commentator on a variety of tax issues in the news.  To read his pieces that have been posted on CNN and The Huffington Post, please click on the links below:

CNN

Huffington Post

Recent commentary:

Trump's Billionaire Friendly Tax Plan

Trump Wants to Cut Your Taxes? Here's How He Should Do it

Trump's Tax Trick, Explained

Trump's Huge Tax Break: Was is Legal?

Why Trump’s Tax Revelation is Stunning

His other writings include "Cognitive Theory and Tax," "Framing the Jury: Cognitive Perspectives on Pain and Suffering Awards" (with Daniel Kahneman and Matthew Spitzer), and "Slouching Towards Equality: Gender Discrimination, Market Efficiency, and Social Change."  Dean McCaffery has served as an official consultant to the Russian Federation to help design a comprehensive tax code.  Prior to joining the USC faculty, Professor McCaffery practiced law with a San Francisco law firm.

A summa cum laude graduate of Yale University, Professor McCaffery received his J.D. magna cum laude from Harvard Law School and a master's degree in economics from USC.  He served as a clerk to Chief Justice Robert N. Wilentz of the New Jersey Supreme Court and was an attorney with Titchell, Maltman, Mark, Bass, Ohleyer & Mishell before joining the USC Law faculty in 1989.  He held the Maurice Jones, Jr., Professorship in Law from 1998 to 2004 and has served as a visiting professor of law and economics at the California Institute of Technology since 1994.  He has chaired the USC Institute on Federal Taxation since 1997, and he found the USC-Caltech Center for the Study of Law and Politics and served as its director from 2000 to 2003.  He is an elected fellow of the American Law Institute (ALI) and the American College of Tax Counsel.  Professor McCaffery also is counsel to the Los Angeles office of Seyfarth Shaw LLP.

Works in Progress

  • "Explorations in the Theory of Optimal Consumption taxes," with James R. Hines, Jr., work in progress.

Books

  • Fiscal Confusion: How Citizens Misunderstand Tax and Spending Programs, and Why it Matters, with Jon Baron (in progress).
  • A New Ownership Society (University of Chicago Press, forthcoming).
  • The Oxford Introductions to U.S. Law.  Income Tax Law:  Exploring the Capital-Labor Divide (Oxford University Press, 2012). - (www)
  • Behavioral Public Finance, co-editor, with Joel Slemrod (Russell Sage Press, 2006). - (www)
  • Rethinking the Vote: The Politics and Prospects of American Election Reform (edited with Ann N. Crigler and Marion R. Just) (Oxford University Press, 2004). - (www)
  • Fair Not Flat: How to Make the Tax System Better and Simpler (University of Chicago Press, 2002). - (www)
  • Taxing Women (1997) (Paperback edition with new preface, University of Chicago Press, 1999). - (www)

Articles and Book Chapters

  • “Distracted from Distraction by Distraction: Reimagining Estate Tax Reform,” Symposium: Tax Advice for the Second Obama Administration, 40 Pepperdine Law Review 1235 (2013).
  • “A Progressive’s Silver Linings Playbook: Repeal Stepped-Up Basis,” 138 Tax Notes 969 (2013).
  • “What Sports Can Teach Us: Lessons from the Luxury Tax,” 135 Tax Notes 1646 (2012).
  • "Where's the Sex in Fiscal Sociology? Taxation and Gender in Comparative Perspective," in Isaac Martin, Ajay K. Mehrota, and Monica Prasad, editors, Taxation in Perspective; Comparative and Historical Approaches to Fiscal Sociology, under submission. - (SSRN)
  • "Commentary on David Weisbach: Consumption Tax Implementation Methods," in Essays in Honor of David Bradford (Alan Auerbach and Daniel Shaviro, eds.) (forthcoming MIT Press). - (SSRN)
  • "Starving the Beast: The Psychology of Budget Deficits," with Jon Baron, in Fiscal Challenges: An Interdisciplinary Approach to Budget Policy (Elizabeth Garrett, Elizabeth Graddy and Howell Jackson, eds.) (MIT Press, 2009). - (SSRN)
  • "Sex Differences in the Acceptability of Discrimination" (with Timur Kuran) Political Research Quarterly (2008). - (SSRN)
  • "Behavioral Economics and Fundamental Tax Reform," in Fundamental Tax Reform: Issue, Choices, and Implications (John W. Diamond and George R. Zodrow, eds.) (MIT Press, 2008). - (SSRN)
  • "The Uneasy Case for Capital Taxation," in Taxation, Economic Prosperity, and Distributive Justice (Ellen Frankel Paul, Fred D. Miller, Jr., and Jeffrey Paul, eds.) (Cambridge University Press, 2006). - (SSRN)
  • "Toward an Agenda for Behavioral Public Finance," with Joel Slemrod, in Behavioral Public Finance (McCaffery and Slemrod, eds.) (Russell Sage Press, 2006). - (SSRN)
  • "Isolation Effects in Action: Uncovering Hidden Taxes" (with Jon Baron). 19 Journal of Behavioral Decision Making 1-14 (2006).
  • "Isolation Effects in Action: Uncovering Hidden Taxes" (with Jon Baron). 19 Journal of Behavioral Decision Making 1-14 (2006).
  • "The Uneasy Case for Capital Taxation." 23 Social Philosophy and Policy 166-14 (Summer 2006). - (SSRN)
  • "Shakedown at Gucci Gulch: The New Logic of Collective Action" (with Linda Cohen). 84 North Carolina Law Review 1159-1252 (2006). - (Hein)
  • "Thinking about Tax" (with Jon Baron). 12 Psychology, Public Policy & Law 106 (2006). - (SSRN)
  • "Masking Redistribution (and its Absence)," with Jon Baron, in Behavioral Public Finance (McCaffery and Joel Slemrod, eds.) (Russell Sage Press, 2006). - (SSRN)
  • "Three Views of Tax." 18 Canadian Journal of Law & Jurisprudence 153 (2005) (Special issue on tax, Edward J. McCaffery, guest editor). - (Hein)
  • "The Political Psychology of Redistirbution" (with Jon Baron). 52 UCLA Law Review 1745-1792 (2005). - (Hein)

FACULTY IN THE NEWS

Los Angeles Times
April 26, 2017
Re: Edward Kleinbard

Edward Kleinbard was cited about the limited economic benefits for Americans when tax breaks encourage companies to repatriate foreign income. After the tax holiday, U.S. corporations even stepped up their sequestering of profits abroad, figuring that sooner or later a new administration would offer them yet another break — as Trump is proposing. That hoard of what Kleinbard calls “stateless income” now tops $2 trillion.

RECENT SCHOLARSHIP

Hannah Garry
February, 2017

Hannah Garry moderated "Humanity in War: An International Humanitarian Law Workshop," USC Gould School of Law, Los Angeles, CA.

Gillian Hadfield
February, 2017

“The Problem Of Social Order: What Should We Count As Law?” Law and Social Inquiry 42 (2017): 16.

David B. Cruz
February, 2017

David B. Cruz spoke on "Equal Protection? Current Issues of Sexual Orientation and Gender Identity Discrimination" on a panel on "Challenges and Controversies in Constitutional Law," 2017 Central District of California Judicial Conference, La Quinta, CA.