In the News

Mark Gergen in the news:

2014 Tax Fairness Survey

Mark Gergen quoted in Wallet Hub, May 30, 2014

“As a practical matter investment income is very difficult to tax. My own preference is a wage or consumption tax and wealth tax with a very low rate, such as 0.5%”

A better direction for California’s climate change policy

Mark Gergen and David Gamage write for The Sacramento Bee, March 22, 2014

The proposed carbon tax is a much better mechanism for making those who burn fossil fuels pay for the privilege of doing so. The carbon tax is more transparent, specifying the sums that must be paid for the privilege of emitting greenhouse gases. And unlike cap and trade’s auction proceeds, revenue from a carbon tax can be returned to Californians through direct tax relief.

Suspect’s death puts reward in question

Mark Gergen quoted in The New York Times, March 29, 2013

Mark Gergen, a professor at the University of California, Berkeley, School of Law, said he did not know of any previous litigation in California over whether rewards should be paid if the suspect dies before conviction…. “Looking beneath the surface, in many of these cases there are qualms about whether the person claiming the reward really played an instrumental role,” he said.

Tax debtors owe state billions but rarely face sanctions

Mark Gergen quoted in The Bay Citizen, October 16, 2012

Mark Gergen, a professor at the UC Berkeley School of Law who studies federal income tax and tax shelters, questioned the value of publicly humiliating tax debtors when many do not have the means to pay their debt. “I suspect a lot of these companies are beyond despair. Some of them simply can’t pay,” Gergen said. “If somebody goes bankrupt, they are already embarrassed. If you want to have this public disclosure as a way of embarrassing people, you aren’t doing a big service by adding them to this list.”

Mark Gergen Comments on Suits Against Law Schools

Above the Law, February 27, 2012 by David Lat

“People going to bottom-tier law schools ought to know that they won’t go like hot cakes on the job market. But that doesn’t mean you’re allowed to exploit their vulnerability.”

Mark Gergen Suspects Foul Play by Chesapeake Energy

Reuters, December 28, 2011 by Joshua Schneyer and Brian Grow

The near-blanket cancellation of the contracts raises the question of whether Chesapeake ever intended to pay if it failed to find oil or gas immediately, says Mark Gergen, a contract law professor at the University of California-Berkeley law school.

Mark Gergen Comments on Constitutionality of Internet Use Tax

CNET News, Politics and Law, April 14, 2010 by Declan McCullagh

Mark Gergen, a tax law professor at the UC Berkeley School of Law, says he’s not aware of any previous cases that would resolve whether a state can “impose an information reporting requirement on a foreign merchant if there is insufficient nexus to require the merchant to collect and remit a use tax.” It’s “difficult to predict how a court would come out on the question,” Gergen says.

Mark Gergen Considers Impact of Wyeth v. Levine Pre-emption Ruling

Inside Counsel, May 1, 2009 by Melissa Maleske

“They haven’t closed the door on implied pre-emption, but it’s not a very wide open door,” says Mark Gergen, a Berkeley Law School professor who co-authored an amicus brief in support of Levine.

Mark Gergen Opposes University’s Move to Bar Legal Clinic from Cases against School

Haaretz, Dec. 11, 2008 by Ruth Sinai

In a letter, Gergen said the decision would harm Tel Aviv University’s reputation. It is crucial, he wrote, that universities do not intervene in law clinic decisions about which clients to represent.