Recent ​Faculty Scholarship

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USD's community of scholars author leading casebooks and treatises, scholarly monographs published by the finest university presses and influential articles in the nation's leading law reviews. Faculty members come from diverse personal, professional and academic backgrounds and include numerous former judicial clerks, practitioners from the private and public sectors as well as both sitting and former judges.

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Spector, Horacio

Books

  • Rights: Concepts and Contexts (Bix, ed.) (Ashgate Publishing, 2012)
  • Autonomy and Rights: The Moral Foundations of Liberalism (Oxford University Press, 2008)

Chapters of Books or Articles within Books

  • “A Risk Theory of Exploitation” in The Philosophic Foundations of Labor Law (Oxford University Press, 2017)
  • “Derechos Humanos” (In spanish) in Diccionario de Justicia (with Juan Carlos Pereda Failache et al.) (Sage Publications, 2016)
  • “Modern Constitutionalism and Social Values” in Fundamental Rights: Justification and Interpretation p.75 (Kenneth Einar Himma, and Bojan Spaic, eds.) (2016)
  • “The Moral Asymmetry between Acts and Omissions” in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael Moore (Ferzan, and Morse, eds.) (Oxford University Press, 2016)
  • “The Theory of Constitutional Review” in Constitutional Review and Democracy (Jovanovic, ed.) (Eleven International Publishing, forthcoming 2015)
  • “Autonomy” in The Routledge Companion to Social and Political Philosophy (D'Agostino, and Gaus, eds.) (Routledge, 2013)
  • The MMTS Analysis of Causation” in Perspectives on Causation (Goldberg, ed.) (Hart Publishing, 2011)
  • “A Smithian Theory of Public Reason” in The Market Society and Its Morality - 250 Years of Adam Smith's Theory of Moral Sentiments (Petri, and Zöller, eds.) (Bayreuth, 2010)
  • Legal Fictionalism and the Economics of Normativity ” in Theoretical Foundations of Law and Economics (White, ed.) (Cambridge University Press, 2009)
  • “Is the Will Theory of Rights Superseded by the Hybrid Theory?” in Law: Metaphysics, Meaning, and Objectivity (Villanueva, ed.) (Rodopi Philosophical Studies, 2007)
  • “Business, Government, and Law” in A New Economic History of Argentina (della Paolera, and Taylor, eds.) (Cambridge University Press, 2004)
  • “Book Review of "The Representative Claim" by Michael Saward” in Perspectives on Politics (Oxford University Press, forthcoming )
  • “Legal Reasons and Upgrading reasons” in Unpacking Normativity (Kenneth Einar Himma, Miodrag Jovanovic, and Bojan Spaic, eds.) (Oxford University Press, forthcoming )
  • “Philosophy and Law and Economics” in The Methodology of Law Economics (Ulen, ed.) (Edward Elgar Publishing, forthcoming )
  • “The Constitutional Jury as Guardian of the Constitution” in The Neutral Third Party in Conflict Resolution (Elster, and Przeworski, eds.) (Cambridge University Press, forthcoming )

Journal Articles

  • “Decisional Nonconsequentialism and the Risk Sensitivity of Obligation” in 32 Social Philosophy & Policy (2016)
  • “Hume's Theory of Justice” in 5 Rationality, Markets and Morals 47 (2014)
  • “The Reflective Nature of Moral Rights” in 2 Metodo. International Studies in Phenomenology and Philosophy 35 (2014)
  • “The Forgotten Roberto Vacca” in 14 Revista Argentina de Teoría Jurídica (2013)
  • “The Irrelevance of Ideal Morality to International Law” in Philosophy of Law and General Theory of Law (2013)
  • Four Conceptions of Freedom” in 38 Political Theory 780 (2010)
  • Value Pluralism and the Two Concepts of Rights” in 46 San Diego Law Review 819 (2010)
  • Don't Cry for Me Argentina: Economic Crises and the Restructuring of Financial Property” in 14 Fordham Journal of Banking and Financial Law 771 (2009)
  • The Right to a Constitutional Jury” in 3 Legisprudence 111 (2009)
  • Constitutional Transplants and the Mutation Effect” in 83 Chicago-Kent Law Review 129 (2008)
  • “A Contractarian Approach to Unconscionability” in 81 Chicago-Kent Law Review 96 (2006)
  • Philosophical Foundations of Labor Law” in 33 Florida State University Law Review 1119 (2006)
  • “Promises, Commitments, and the Foundations of Contract Law” in 81 Chicago-Kent Law Review 3 (2006)
  • “Fairness and Welfare from a Comparative Law Perspective” in 79 Chicago-Kent Law Review 521 (2004)
  • “Law and Economics and Legal Scholarship” in 79 Chicago-Kent Law Review 345 (2004)
  • “The Future of Legal Science in Civil Law Jurisdictions” in 65 Louisiana Law Review 255 (2004)
  • Judicial Review, Rights, and Democracy” in 22 Law and Philosophy 285 (2003)
  • “Rights, Equality, and Liberty” in 4 The Journal of Ethics 166 (with Pincione) (1999)
  • “An Outline of a Theory Justifying Intellectual Property Rights” in 11 European Intellectual Property Review 8 (1989)