Touro College Jacob D. Fuchsberg Law Center
  •  520
    Analytical jurisprudence and the concept of commercial law
    Penn State Law Review 114 (1): 119-215. 2009.
    Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a le…Read more
  •  55
    When does might make right? Using force for regime change
    Journal of Social Philosophy 40 (3): 343-362. 2009.
    Should states use force to bring about regime change? International law recognizes no such grounds. This article seeks to provide guidance from moral theory. The aim of this paper is to identify the moral grounds for the use of armed force by one state or a group of states, against another state, when the intention of the intervening states is to achieve a fundamental change in the character of the political and legal institutions of the other state. Lawyers tend to place the argument for regime…Read more
  •  37
    Luck, Justice and Systemic Financial Risk
    Journal of Applied Philosophy 34 (3): 331-352. 2017.
    Systemic financial risk is one of the most significant collective action problems facing societies. The Great Recession brought attention to a tragedy of the commons in capital markets, in which market participants, from the first-time homebuyer to Wall Street financiers, acted in ways beneficial to themselves individually, but which together caused substantial collective harm. Two kinds of risk are at play in complex chains of transactions in financial markets: ordinary market risk and systemic…Read more
  •  13
    Global Justice and International Economic Law: Opportunities and Prospects (edited book)
    with Chi Carmody and Frank J. Garcia
    Cambridge University Press. 2011.
    This volume reflects the results of a symposium held at Tillar House, the ASIL headquarters in Washington, DC, in November 2008 which brought together philosophers, legal scholars, and economists to discuss the problems of understanding ...
  •  4
    The Misery of International Law: Confrontations with Injustice in the Global Economy
    with Margot Salomon and M. Sornarajah
    Oxford University Press. 2018.