The Normative Foundations of the Market - TAU 2023
Academic Organizers and presenters:
Hanoch Dagan |
The Buchmann Faculty of Law, Tel Aviv University |
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Hanoch Dagan is the Stewart and Judy Colton Professor of Legal Theory and Innovation and the Director of the Edmond J. Safra Center for Ethics at Tel-Aviv University. Professor Dagan is a former Dean of Tel Aviv University Faculty of Law and also served as the founding director of the Zvi Meitar Center for Advanced Legal Studies, the director of The Cegla Center for Interdisciplinary Research of the Law, and the Editor in Chief of Theoretical Inquiries in Law. Among his many publications are over 90 articles in major law reviews and journals, such as Yale Law Journal, Columbia Law Review, New York University Law Review and more. Professor Dagan has also written seven books, including Property: Values and Institutions (Oxford University Press, 2011), Reconstructing American Legal Realism & Rethinking Private Law Theory (Oxford University Press, 2013), and The Choice Theory of Contracts (with Michael A. Heller) (Cambridge University Press, 2017). His new book – A Liberal Theory of Property – is forthcoming this year with Cambridge University Press. Professor Dagan has been a visiting professor at Yale, Columbia, Michigan, Cornell, UCLA, and Toronto. Dagan delivered keynote speeches and endowed lectures at Singapore, Alabama, Toronto, Queensland, Cape Town, Monash (Melbourne), and Oxford. He is a member of the American Law Institute and the International Academy of Comparative Law. Dagan obtained his LL.M. and J.S.D. from Yale Law School after receiving his LL.B., summa cum laude, from Tel Aviv University. |
Amy Sepinwall |
Wharton School of the University of Pennsylvania |
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Amy Sepinwall is a tenured associate professor in the Department of Legal Studies and Business Ethics at the Wharton School of the University of Pennsylvania. Her research proceeds along two streams. The first is connected to responsibility for corporate and financial wrongdoing, and the second addresses constitutional rights as they arise in commercial contexts. Her work has appeared in The Chicago Law Review, Washington University Law Review, Journal of Corporation Law, and Business Ethics Quarterly, in addition to other forums. She holds a Ph.D. in Philosophy from Georgetown University and a law degree from the Yale Law School. Prior to joining the faculty at Wharton, she served as an adjunct professor at Georgetown University Law Center and a law clerk for the Honorable Louis H. Pollak of the Eastern District of Pennsylvania. |
Participants:
Abbye Atkinson |
Berkeley Law |
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Abbye Atkinson is the Class of 1965 Assistant Professor of Law, and her research focuses on the law of debtors and creditors as it affects marginalized communities. Her work is forthcoming in the California Law Review and has been published in the Duke Law Journal, Columbia Law Review, Stanford Law Review, Vanderbilt Law Review, Arizona Law Review, Michigan Journal of Race & Law, the N.Y.U. Law Review Online, and the Texas Law Review Online. She has testified before the United States Senate Committee on Banking, Housing, and Urban Affairs, and she is the inaugural recipient of the Ruth Bader Ginsburg Scholar Award. Before joining Berkeley Law, Atkinson was a Thomas C. Grey Fellow and Lecturer in Law at Stanford Law School and the Reginald F. Lewis Fellow at Harvard Law School. Previously she worked as an associate attorney in the San Francisco office of Gibson Dunn, and she served as a law clerk to the Honorable Ronald M. Gould of the United States Court of Appeals for the Ninth Circuit and for the Honorable Marilyn Hall Patel of the United States District Court for the Northern District of California. She graduated cum laude from Harvard Law School and earned her undergraduate degree from the University of California, Berkeley. At Berkeley, Atkinson teaches Contracts, Poverty Law, Debt, Discrimination, and Inequality, and the Consumer Law and Economic Justice workshop. |
Thomas Christiano |
Philosophy, University of Arizona |
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Thomas Christiano is a philosopher at the University of Arizona. He writes books and articles on moral and political philosophy and regularly teaches both graduate and undergraduate courses. Christiano's current research is mainly in moral and political philosophy with emphases on democratic theory, distributive justice and global justice. |
Chiara Cordelli |
Political Science, University of Chicago |
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Chiara Cordelli is an associate professor in the Department of Political Science at the University of Chicago. Her main areas of research are social and political philosophy, with a particular focus on theories of distributive justice, political legitimacy, normative defenses of the state, and the public/private distinction in liberal theory. She is the author of The Privatized State (Princeton University Press, 2020), which was awarded the 2021 ECPR political theory prize for best first book in political theory. She is also the co-editor of, and a contributor to, Philanthropy in Democratic Societies (University of Chicago Press, 2016). Cordelli’s articles and contributions to symposia appeared in the American Political Science Review, Ethics, Journal of Political Philosophy, Journal of Politics, Political Theory, Political Studies, British Journal of Political Science, Critical Review of Social and Political Philosophy, and Political Studies Review, as well as in several edited volumes, including NOMOS. One of her articles, “Justice as Fairness and Relational Resources” was included in the Philosopher’s Annual as one of the ten best articles published in philosophy in 2015 and her chapter “Philanthropy as a Duty of Reparative Justice” won the 2018 Review of Politics Award. |
Nicolas Cornell |
University of Michigan Law School |
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Nicolas Cornell is a professor of law and philosophy. He teaches and writes in the areas of contract law, moral philosophy, remedies, and private law theory. His work seeks to connect issues in normative ethics with questions about the foundations of private law doctrine. His work has appeared both in peer-reviewed philosophy journals—including "The Possibility of Preemptive Forgiving" (Philosophical Review, 2017) and "Wrongs, Rights, and Third Parties" (Philosophy & Public Affairs, 2015)—and in top law reviews—including "Competition Wrongs" (Yale Law Journal, 2016) and "A Complainant-Oriented Approach to Unconscionability and Contract Law" (University of Pennsylvania Law Review, 2016). Prior to joining the faculty at Michigan, he was an assistant professor of legal studies and business ethics at the Wharton School, University of Pennsylvania. He previously served as a law clerk to Justice John Dooley of the Vermont Supreme Court. Professor Cornell holds a JD from Harvard Law School, a PhD in philosophy from Harvard University, and an AB in philosophy from Harvard College. |
Tsilly Dagan |
Faculty of Law, Oxford University |
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Tsilly Dagan is Professor of Taxation Law at Oxford University and a Fellow of Worcester College. Professor Dagan’s main fields of research and teaching are tax law and policy (both domestic and international) and the interaction of the state and the market. Her book International Tax Policy: Between Competition and Cooperation (Cambridge University Press) is the winner of the 2017 Frans Vanistendael Award for International Tax Law. Professor Dagan studied law at Tel Aviv University (LL.B., S.J.D.) and New York University (LL.M in Taxation) and joined Bar-Ilan University where she served as Associate Dean for Research as well as Editor-in-Chief of the law review and was appointed the Raoul Wallenberg Professor of Law. Professor Dagan has taught and researched as a scholar in residence at the University of Michigan, University of Western Ontario, and Columbia University, and was a member of the Group on Global Justice at the Institute of Advanced Studies, Jerusalem. |
Avihay Dorfman |
The Buchmann Faculty of Law, Tel Aviv University |
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Dorfman is a professor of law at Tel Aviv University Faculty of Law. He works in the theoretical foundations of law. He has written articles on various basic questions in private law theory and doctrine as well as on the morality of public ordering, including research on why privatization may sometimes be impermissible and on what might make political authority legitimate. In each of these studies, Dorfman focuses on the non-instrumental values that underlie key legal and political institutions. In that, his studies elaborate the non-contingent implications of the law for the possibility of establishing forms of valuable interactions between, and among, persons. His work has appeared in Philosophy & Public Affairs, Columbia Law Review, Oxford Journal of Legal Studies, University of Toronto Law Journal, Legal Theory, Law & Philosophy, Theoretical Inquiries in Law, American Journal of Jurisprudence, Modern Law Review, and more. Dorfman is currently working on three different book projects: a tort theory book titled Conflict between Equals: A Vindication of Tort Law; a private law theory book, with Hanoch Dagan, title Relational Justice: A Theory of Private Law (forthcoming 2025, Oxford UP); and a legal theory book, with Alon Harel, titled Reclaiming the Public (forthcoming 2024, Cambridge UP). Dorfman is a graduate of Yale Law School (J.S.D.) and Haifa University (LL.B. and B.A. in Economics). He was a law clerk for The Honorable Aharon Barak, the (then) Chief Justice of the Supreme Court of Israel and, more recently, a visiting professor at Harvard Law School and Cornell Law School. |
Talia Fisher |
The Buchmann Faculty of Law, Tel Aviv University |
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Talia Fisher is the Anny and Paul Yanowicz Professor of Human Rights, and the former Vice Dean for Research at the Tel Aviv University Faculty of Law. Since joining the Faculty in 2004 she has written on Evidence Law Theory, private supply of legal institutions, empirical analysis of law, and probabilistic applications in procedural law. Fisher has been a visiting professor at the University of Toronto (2009, 2017), a fellow at the Edmond J. Safra center for Ethics at Harvard University (2013), and a visiting scholar at Harvard Law School (2003, 2010, 2013). She holds an LL.B., LL.M. and Ph.D. in law from the Hebrew University). Fisher was awarded the Shneur Zalman Cheshin Award for Academic Excellence in Law (2012) as well as the Zeltner Prize for Young Legal Scholars (2009) and the Fattal Prize for excellence in legal research (2018). She was a member of the Young Academy of Sciences and Humanities since its establishment and until 2017, as well as a member of the international Global Young Academy (GYA). She is currently a member of the academic board of the Israeli Institute for Advanced Studies. |
Mark Gergen |
Berkeley Law |
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Mark Gergen joined the Berkeley faculty in 2008 after teaching at the University of Texas School of Law for over two decades. His current teaching interests are Contracts and advanced tax courses (Partnership Tax Corporate Tax, and Taxation of Financial Products and Institutions) . He has also taught a wide range of other subjects, including, since joining the Berkeley faculty, Torts, Property, and Remedies. Gergen’s current scholarly interests include both private law and tax. Gergen’s current scholarly projects are on debt and its relationship to contract law and contract theory, equitable wrongs, the disgorgement remedy in intellectual property law, and the taxation of capital. Gergen graduated from the University of Chicago Law School in 1982. He clerked for the Hon. Harrison L. Winter, United States Court of Appeal for the Fourth Circuit (1982-1983), and was an associate at Arnold and Porter (1983-1985). He has visited at University College London Faculty of Laws and Harvard Law School. Gergen was Reporter for Restatement Third, Economic Torts and Related Wrongs from 2005 to 2007 and was an Advisor to the Restatement Third, Restitution and Unjust Enrichment. He is author of the chapter on Partnership Interests in Ferguson, Freeland, and Ascher, Federal Income Taxation of Estates, Trusts, and Beneficiaries (Aspen Law & Business). He is the American Editor for the Restitution Law Review. |
Nien-hê Hsieh |
Harvard Business School |
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Nien-hê Hsieh is the Kim B. Clark Professor of Business Administration and Joseph L. Rice, III Faculty Fellow in the General Management Unit. His research concerns ethical issues in business and the responsibilities of global business leaders. Professor Hsieh teaches Leadership and Corporate Accountability (LCA) to first-year MBA students and to Executive Education participants and is the Course Head of LCA at HBS. He joined the faculty from The Wharton School of the University of Pennsylvania, where he was an associate professor of legal studies and business ethics and served as co-director of the Wharton Ethics Program. For the 2021-2022 academic year, he is serving as the Acting Director of the Edmond J. Safra Center for Ethics at Harvard University. Professor Hsieh’s research centers on the question of whether and how managers ought to be guided not only by considerations of economic efficiency, but also by values such as freedom and fairness and respect for basic rights. He has pursued this question in a variety of contexts, including the employment relationship and the operation of multinational enterprises in developing economies. Professor Hsieh also studies foundational aspects of this question, examining principles for rational decision making when choices involve multiple values that appear incomparable. In his current work, he focuses on institutional dimensions of this question. In this research, he investigates standards managers should follow even if not required by legal and public institutions, and how managers should respond when existing institutions make it difficult to meet these standards. Professor Hsieh holds a B.A. in Economics from Swarthmore College, an M.Phil. in Politics from Oxford University, and a Ph.D. in Economics from Harvard University. Before joining the faculty at Wharton in 2001, he was a Postdoctoral Fellow at Harvard Business School, and he has held visiting fellowships at Harvard University, Oxford University, and the Research School for Social Sciences at the Australian National University. |
Roy Kreitner |
The Buchmann Faculty of Law, Tel Aviv University |
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Roy Kreitner teaches courses on private law, legal history, and law and political thought at the law school, where he has been on the faculty since 2001. He received an S.J.D. from Harvard Law School, an LL.B. and an M.A. (Comparative Literature & Semiotics) from Tel-Aviv University, and an A.B. from Brown University. He has been a Visiting Professor at the University of Virginia and at the University of Toronto. He is the author of Calculating Promises: The Emergence of Modern American Contract Doctrine (Stanford University Press, 2007). During 2009-2010 he was a fellow at The Radcliffe Institute for Advanced Study at Harvard University and an American Council of Learned Societies Fellow. In 2010-2011 he was a visiting researcher at the Institute for Global Law and Policy at Harvard Law School. |
Daniel Markovits |
Yale Law School |
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Daniel Markovits is the Guido Calabresi Professor of Law at Yale Law School and the Founding Director of the Center for the Study of Private Law. Markovits publishes widely and in a range of disciplines, including law, philosophy, and economics. His writings have appeared in Science, The American Economic Review, The Yale Law Journal, PNAS, The New York Times, The Washington Post, Time, and The Atlantic. In 2021, Prospect Magazine named him to its list of the world’s top 50 thinkers. His current book, The Meritocracy Trap (Penguin Press, 2019), develops a sustained attack on American meritocracy. The book places meritocracy at the center of rising economic inequality and social and political dysfunction. The book takes up the law, economics, and politics of human capital to identify the mechanisms through which meritocracy breeds inequality and to expose the burdens that meritocratic inequality imposes on all who fall within meritocracy’s orbit. Markovits is also working on a new book, tentatively called The Good Life after the Age of Growth. After earning a B.A. in Mathematics, summa cum laude from Yale University, Markovits received a British Marshall Scholarship to study in England, where he was awarded an M.Sc. in Econometrics and Mathematical Economics from the L.S.E. and a B.Phil. and D.Phil. in Philosophy from the University of Oxford. Markovits then returned to Yale to study law and, after clerking for the Honorable Guido Calabresi, joined the faculty at Yale. |
Colin Mayer CBE FBA |
Saïd Business School, University of Oxford |
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Colin Mayer is Emeritus Professor of Management Studies at the Saïd Business School at the University of Oxford and Visiting Professor at the Blavatnik School of Government at the University of Oxford. He is a Fellow of the British Academy, the Centre for Economic Policy Research and the European Corporate Governance Institute, an Emeritus Fellow of Wadham College, Oxford, an Honorary Fellow of Oriel College, Oxford and St Anne’s College, Oxford, and he has an Honorary Doctorate from Copenhagen Business School. He is co-chair of the Scottish Government Business Purpose Commission, a member of the Board of Trustees of the Oxford Playhouse, and he was a member of the UK Government Natural Capital Committee, the UK Competition Appeal Tribunal and the International Advisory Board of the Securities and Exchange Board of India. He was chairman of Oxera Ltd. between 1986 and 2010 and a director of the energy modelling company, Aurora Energy Research Ltd between 2013 and 2020. He was appointed Commander of the Order of the British Empire (CBE) in the 2017 New Year Honours. Between 2017 and 2021, he led the British Academy enquiry into “the Future of the Corporation” and his most recent book Prosperity: Better Business Makes the Greater Good is published by Oxford University Press. |
Manisha Padi |
Berkeley Law |
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Manisha Padi studies the law and economics of consumer financial contracts. Specifically, she is interested in how the legal treatment of individuals’ granular transactions have an aggregate impact on consumer welfare, financial institutions, and the economy as a whole. Her work uses empirical methods to evaluate the role of regulation on consumers. She focuses broadly on two areas – mortgage regulation and retirement policy. Her working papers include projects on the effect of consumer protection law on homeowners and mortgage lenders, the role of firm private information in the exercise of contract rights, the effect of fiduciary duty on the sale of annuities and the role of Social Security design in implicitly regulating the annuity market. |
Assaf Sharon |
Philosophy Tel Aviv University |
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Assaf Sharon is professor of philosophy at Tel Aviv University and the head of its PPE (Philosophy, Politics, Economics) program. His scholarly interests include the theory of knowledge, political philosophy and ethics. His current research is focused on authority, democracy and manipulation. In addition to academic publications he has published articles in the New York Review of Books, The Boston Review and various other publications. |
Rebecca Stone |
UCLA Law |
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Rebecca Stone is Professor of Law at UCLA School of Law. Her research and teaching interests include law and economics, legal philosophy, contracts, and torts. She is particularly interested in the intersections between law, philosophy, and economics. She holds a J.D. from NYU School of Law, a B.A. in Politics, Philosophy and Economics from Oxford University and an M.Phil. and a D.Phil. in Economics also from Oxford University. Following law school, she clerked for Judge Richard Posner on the U.S. Court of Appeals for the Seventh Circuit and Justice Stephen Breyer on the U.S. Supreme Court. She also spent two years as a Furman Fellow at NYU School of Law. Prior to law school, she was a post-doctoral research fellow at the ESRC Center of Economic Learning and Social Evolution in the Department of Economics at University College London, and then an Assistant Professor in the Department of Economics at the University of Leicester. |
Mikhaïl Xifaras |
SciencesPo Law School |
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Mikhaïl Xifaras has been Professor of Public Law at Sciences Po since September 2008, where he teaches legal philosophy, property and jurisprudence. He has been a Visiting Professor at Harvard Law school (since 2011) and at Keio Law School in Japan (since 2012). He passed the agrégation de l’enseignement supérieur in Public Law in 2004, the agrégation in Philosophy in 1993, and holds a Doctorate in Philosophy from Besançon in 2001. He graduated from the Ecole Normale Supérieure of Fontenay-Saint Cloud in 1990. Before joining the Sciences Po faculty, he was Professor of Public Law at the Université d'Orléans. He was nominated Junior Member of the Institut Universitaire de France (2006-2011), and has been awarded the the Prix Ouverture Internationale of the Université Libre de Bruxelles (Brussels, 2003), as well as a Marie-Curie Grant from the European Commission (2003). He was a Visiting Fellow at Harvard Law School on a Fulbright Scholarship (2000), and the winner of a Fondation Thiers Grant (1999). |