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Jeff Gordon

@jeffgordon.bsky.social
1.7K followers 820 following 163 posts

Tax law, industrial policy, decarbonization, between state and market in American law. Assistant Professor at Vanderbilt Law School.

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Jeff Gordon @jeffgordon.bsky.social · 07/08/2026
Pleased to have Blaine Saito review my new article, on TaxProf Blog: taxprofblog.aals.org/2026/08/07/s...
taxprofblog.aals.org
SSRN Review & Roundup: Saito Reviews Gordon's Tax and the Law of Market Cycles • TaxProf Blog
This week, Blaine Saito (Ohio State) reviews Jeff Gordon (Vanderbilt), Tax and the Law of Market Cycles (July 28, 2026). One of the major goals of economic policy is to allow for economic growth while...
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Luke Herrine @lookheron.bsky.social · 04/08/2026
Forgot about this classic @lpeblog.bsky.social symposium with some absolute bangers. lpeproject.org/symposia/lpe...
lpeproject.org
Symposia: LPE Methods
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Brian Galle @bdgesq.bsky.social · 04/08/2026
This whole long-ass thread is a great read for two interesting (and not necessarily mutually exclusive) takes on what's wrong with U.S. production capacity across many industries. (I'd love to see the author add a climate externalities layer, too!)
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Steve Randy Waldman @interfluidity.com · 01/08/2026
Great paper! A few comments — first overall meta-praise: we really need to develop methods of economic dirigisme that are consistent with the western liberal democratic tradition and that take into account both the imperfection of markets and of state guidance. This is right in that alley. 1/
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Jeff Gordon @jeffgordon.bsky.social · 04/08/2026
Steve (@interfluidity.com) wrote a very helpful and provocative thread in response to this draft: bsky.app/profile/inte.... My response is here: bsky.app/profile/jeff...
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Jeff Gordon @jeffgordon.bsky.social · 03/08/2026
Bumping this essay to note that the underlying article is now out for submission to journals: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Industrial Policy as Competition Policy
<p>Throughout U.S. history, and especially in the present era, the government has shaped markets by giving advantages to some firms over others<span>—a version
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Jeff Gordon @jeffgordon.bsky.social · 31/07/2026
Whoops, failed to post the one with the proposal: I propose a countercyclical excise tax/subsidy on new capacity additions, the core procyclical behavior. You can think of this as reversing current depreciation incentives. Firms should get negative depreciation at the top, bonus at the bottom.
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Jeff Gordon @jeffgordon.bsky.social · 31/07/2026
I have a new working paper up on SSRN, Tax and the Law of Market Cycles. The core idea is: what if we applied everything we've learned about countercyclical macroprudential regulation to the boom-bust cycles of physical commodities and heavy industries? papers.ssrn.com/sol3/papers....
papers.ssrn.com
Tax and the Law of Market Cycles
<p>The signature development in financial regulation over the past two decades has been the macroprudential turn: the recognition that healthy financial conditi
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Luke Herrine @lookheron.bsky.social · 29/06/2026
Great piece, which, among other things, illustrates the value of reading across disciplines and putting heterodox economic traditions in conversation with the mainstream on pragmatic terms
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Jeff Gordon @jeffgordon.bsky.social · 29/06/2026
Industrial policy is often in tension with competition - a problem I call "the dilemma of picking winners." In this essay and the associated working paper, I propose a framework for doing industrial policy without entrenching the winners. lpeproject.org/blog/the-dil...
lpeproject.org
The Dilemma of Picking Winners
Industrial policy will often require picking winners: if there were already many domestic firms capable of producing the desired output, there would be no compelling reason for subsidy or special…
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Harlan G. Cohen @harlangcohen.bsky.social · 06/05/2026
Totally concur with the "highly recommended." @donibloomfield.bsky.social and @jeffgordon.bsky.social's sophisticated analysis of the the value of export controls is a must-read for anyone in the national security and innovation space.
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Jeff Gordon @jeffgordon.bsky.social · 01/04/2026
New draft! "Picking Winners: Industrial Policy and Monopoly." Govts inevitably funnel industrial policy to a handful of firms. I propose "anti-entrenchment industrial policy," a framework for picking winners without getting stuck with them.
t.co
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6433579
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Jeff Gordon @jeffgordon.bsky.social · 27/03/2026
Oil crisis is a fitting moment to share that my paper with Doni Bloomfield, The Law and Economics of Resilience, is now live: wustllawreview.org/2026/03/25/t...
wustllawreview.org
Exploring the Law and Economics of Resilience in Business
Explore the interplay of law and economics in enhancing corporate resilience against supply chain disruptions and external market pressures.
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Ilmi @ilmi.bsky.social · 23/05/2025
I'll continue to make the case that policy resilience doesn't mean invincibility, and we shouldn't overinterpret when an otherwise effective policy succumbs to American Maosim. bsky.app/profile/ilmi...
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Ilmi @ilmi.bsky.social · 23/05/2025
This is a logical fallacy. A resilient strategy is not an invincible one. IRA may fail but note it's over the shocked objections of the market. One cannot ignore the decades of tax credit extension, for example, and then cherry pick a black swan data point.
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Jeff Gordon @jeffgordon.bsky.social · 23/05/2025
Awesome stuff in here. Turns out a lot of my favorite people are “LPE-adjacent”
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Jeff Gordon @jeffgordon.bsky.social · 06/05/2025
Great reporting. For more detail on the public-private electricity generation structures available under new Mexican laws, I found this helpful: www.projectfinance.law/publications...
projectfinance.law
Mexico Enacts New Laws for the Power Sector | Norton Rose Fulbright
The Mexican government has implemented sweeping legislation for the energy sector Mexico, including a new electric sector law -- called the LESE
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Jeff Gordon @jeffgordon.bsky.social · 06/05/2025
I like a number of the people involved in this, but it's amusing to see the Tax Foundation folks (who are ideologically aligned) ripping apart the tax policy chapter (by Oren Cass) over on Twitter for a number of basic factual and conceptual errors. Cass is reminding us all the value of expertise...
rebuilding.tech
The Techno-Industrial Policy Playbook
Policies for kickstarting America’s techno-industrial renaissance
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Jeff Gordon @jeffgordon.bsky.social · 29/04/2025
Very DC, even the grocery stores getting in on abundance discourse
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Jeff Gordon @jeffgordon.bsky.social · 24/04/2025
Excellent essay by @joeldodge07.bsky.social. "Everything bagel liberalism" might be a useful critique in theory but the examples critics have relied on (like childcare in CHIPS) are super weak. The firms got a good deal and the public got basic protections. washingtonmonthly.com/2025/04/24/i...
washingtonmonthly.com
In Defense of Everything-Bagel Liberalism | Washington Monthly
Critics warned that the Biden administration put so many conditions on the grants it offered to semiconductor manufacturers that the centerpiece of its industrial policy would fail. Those conditions t...
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Jeff Gordon @jeffgordon.bsky.social · 23/04/2025
Remarkable graph from Berkeley Lab's annual report on solar deployment (through 2023). PPA prices have closely tracked the cost of electricity, suggesting very low profit margins for merchant generators. Tempting to call it cost of service regulation.
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Jeff Gordon @jeffgordon.bsky.social · 10/04/2025
@lingchenscholar.bsky.social chatgpt is absolutely convinced that you have published an article about the local politics and regional rivalries of China's semiconductor industry. While this seems totally hallucinatory, I'm sure many of us would be grateful for such an article!
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Jeff Gordon @jeffgordon.bsky.social · 04/04/2025
Amazing opportunity for a creative litigator with interests in private law to break into legal academia and work with one of the smartest and most generous mentors imaginable (Daniel Markovits)
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Sander Tordoir @sandertordoir.bsky.social · 02/04/2025
Wow this is wild. James: "The Trump team didn't actually calculate tariff rates + non-tariff barriers, as they say they did. Instead, for every country, they just took our trade deficit with that country and divided it by the country's exports to us."
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Jeff Gordon @jeffgordon.bsky.social · 31/03/2025
Happy to see commentary on industrial policy from people who were in the room. Sam rightly argues that Congress should allow agencies more iterative processes rather than linear waterfalls.This complements Bharat Ramamurti's point that incumbents lobbied for a slower process in the first place.
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Anthony Michael Kreis @anthonymkreis.bsky.social · 27/03/2025
Using the arm of the state to punish people for writing op-eds the government disagrees with is tyranny.
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Jeff Gordon @jeffgordon.bsky.social · 27/03/2025
Obviously “current policy” is incoherent…but if it means you don’t need to cut the IRA and Medicaid…
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Jeff Gordon @jeffgordon.bsky.social · 26/03/2025
Extremely @nathantankus.bsky.social / @lookheron.bsky.social style report on the administrative complexity of lithium pricing. There is supply and demand if you zoom out far enough, but not sufficient to describe what's going on in the details. www.oxfordenergy.org/wpcms/wp-con...
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Jeff Gordon @jeffgordon.bsky.social · 26/03/2025
Why do we need to derisk investment in renewables? Because moving to renewables (here, exploiting variation in RPS) raises electric price volatility, which widens credit spreads. Better storage will mitigate the volatility, but price-smoothing policy can help too. papers.ssrn.com/sol3/papers....
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Steve Randy Waldman @interfluidity.com · 26/03/2025
Figuring out how to reshape governance incentives towards high-output, low-margin strategies strikes me as a key desideratum, undoing perhaps the elimination of what shareholders take to be managerial agency costs. 19/
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Jeff Gordon @jeffgordon.bsky.social · 26/03/2025
Just one example from this thread where @interfluidity.com annotates @donibloomfield.bsky.social and my "Law and Economics of Resilience" paper with observations that we should obviously borrow
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Jeff Gordon @jeffgordon.bsky.social · 24/03/2025
I had missed this excellent post from @interfluidity.com "The core of an abundance agenda, I posit, would be to reshape American capitalism so that overcapacity, rather than capacity nearly fully employed, becomes the norm." drafts.interfluidity.com/2024/09/17/a...
drafts.interfluidity.com
Abundance is overcapacity
drafts @ interfluidity
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Bridget J. Crawford @profbcrawford.bsky.social · 22/03/2025
Jeff Gordon, Fellow @ Yale Law School, presenting on universal vs. selective “carrots” / “sticks” deployed in tax frameworks via credits for fuel, hydrogen, electricity. Complex Qs of tech neutrality, counting emissions, carbon accounting, carbon “shelters.” Need for anti-abuse rules. #ecotaxlaw25
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Jeff Gordon @jeffgordon.bsky.social · 21/03/2025
It is really striking how most panelists so far remain committed to a carbon price as the One True Path. Even after recent rollback in Canada. Do you think 20+ House Rs would be signing a letter against cutting the carbon tax? I'll be over here in the world of the second best...
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Jeff Gordon @jeffgordon.bsky.social · 21/03/2025
Excited to be at Pace NYC the next two days for the Tax Law and Climate Change Symposium. I’ll be presenting on carbon shelters, the unintended consequences of the IRA’s green credits: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Carbon Shelters: Carbon Accounting as Tax Law
This Article provides the first comprehensive account of the reconstruction of energy tax law that occurred under the Biden administration. In the past, federal
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Jeff Gordon @jeffgordon.bsky.social · 20/03/2025
Powerful slides from NextEra, via @zeitlin.bsky.social. New solar + storage is just beating new gas.
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Jeff Gordon @jeffgordon.bsky.social · 20/03/2025
My view on abundance as conceived by Klein/Thompson: (1) good normative ideal, (2) much better politics than even its supporters seem to think, but (3) underbaked as policy because the links between corporate power and scarcity have been poorly theorized
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Jeff Gordon @jeffgordon.bsky.social · 19/03/2025
We’ve all been there: you come up with a fun theory, then find one great example (zoning), one ok example (permitting), and one bad example (CHIPS)
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Jeff Gordon @jeffgordon.bsky.social · 17/03/2025
USAspending.gov data is amazing. Bet you wouldn't have guessed that United Health eked ahead of Lockheed for contracting in 2024 (mostly for its role as third party administrator of VA community care networks)
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Jeff Gordon @jeffgordon.bsky.social · 12/03/2025
This is really thorough
democracyjournal.org
“Tragedy” of a One-Sided Biden Critique
Gene Sperling responds to Jason Furman's questionable crusade against Biden economic policy.
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Jeff Gordon @jeffgordon.bsky.social · 05/03/2025
Alito USAID dissent suggests proper remedy would have been Tucker Act claims for money past due in the Court of Federal Claims. Do procedure folks think it would be hard to certify a class in this context? Other reasons to doubt that strategy in future cases?
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Jeff Gordon @jeffgordon.bsky.social · 04/03/2025
This is a really fun paper. Doux commerce for the relationship between humans and AIs.
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Jeff Gordon @jeffgordon.bsky.social · 03/03/2025
I'm excited to share that I'll be starting a new job this summer as assistant professor at Vanderbilt Law School. I couldn't have picked a better set of colleagues to support and challenge my work. I started grad school in 2015--thanks to all who supported me on this long road!
Vanderbilt Law School building
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Jeff Gordon @jeffgordon.bsky.social · 27/02/2025
Really good analysis of how gas turbine manufacturers are slow-rolling capacity expansion because scared of prices falling. Shareholder-driven capital discipline is a headwind to investing for resilience, as we discuss in a new paper: papers.ssrn.com/sol3/papers....
papers.ssrn.com
The Law and Economics of Resilience
The field of law and economics has long studied externalities, the costs and benefits actors create and yet fail to internalize. But scholars have largely overl
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Jeff Gordon @jeffgordon.bsky.social · 25/02/2025
I'm quite proud of this project (with Doni Bloomfield): The Law and Economics of Resilience, forthcoming at Wash U. L. Rev., and would love your reactions. This is our attempt at theorizing how law could systematically mitigate supply chain crises and underinvestment. papers.ssrn.com/sol3/papers....
papers.ssrn.com
The Law and Economics of Resilience
<div> The field of law and economics has long studied externalities, the costs and benefits actors create and yet fail to internalize. But scholars have largel
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Jeff Gordon @jeffgordon.bsky.social · 25/02/2025
I'm quite proud of this project (with Doni Bloomfield): The Law and Economics of Resilience, forthcoming at Wash U. L. Rev., and would love your reactions. This is our attempt at theorizing how law could systematically mitigate supply chain crises and underinvestment. papers.ssrn.com/sol3/papers....
papers.ssrn.com
The Law and Economics of Resilience
<div> The field of law and economics has long studied externalities, the costs and benefits actors create and yet fail to internalize. But scholars have largel
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Jeff Gordon @jeffgordon.bsky.social · 25/02/2025
Two new papers listed among these! taxprof.typepad.com/taxprof_blog...
taxprof.typepad.com
TaxProf Blog: New Tax Papers
Ellen Aprill (Loyola-L.A.; Google Scholar), Unpacking the Most Important Paragraph in Loper Bright Douglas Berman (Ohio State; Google Scholar), Jana Hrdinova (Ohio State) & Dexter Ridgway (Ohio State)...
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Jeff Gordon @jeffgordon.bsky.social · 21/02/2025
Great summary of argument in NIH indirects case
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Jeff Gordon @jeffgordon.bsky.social · 21/02/2025
More gerontocracy stats @samuelmoyn.bsky.social
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