The Freedom Center and Fall 2022 FC Talks series presents Simone Sepe (University of Arizona).


Simone Sepe was appointed as affiliated faculty in the Freedom Center in Spring 2022. Simone is a Professor of Law and Finance at the James E. Rogers College of Law at the University of Arizona. His areas of expertise include business organizations, contract theory, law and economics, law and philosophy, and empirical methods. His main scholarship focuses on theoretical and empirical problems related to corporate governance, although he has recently expanded his research interest to contract law, the theory of institutions, and political philosophy. He holds doctoral degrees in law from the Yale Law School and in economics from the Toulouse School of Economics. His articles are published in journals such as Stanford Law Review, Cornell Law Review, Washington University Law Review, Journal of Financial Economics, and Social Philosophy and Policy.


Consider this case: A is receiving a (pecuniary) benefit from C, and B is (emotionally) suffering in virtue of being excluded by C. However, A and B are independent and not, prima facie, causally connected. Consider this other case: B is suffering for some reasons and A is enjoying a (pecuniary) benefit in virtue of B’s suffering. However, A is not responsible for the reasons that made B to suffer. In both cases, can A legitimately retain her benefits? Does B have a claim against A? The private law answer is just no. This is because the law does not contemplate indemnity mechanisms, when parties’ activities are not causally connected in some specific ways. In this paper, we stress these limitations of private law and make the case for proportional disgorgement as a remedy available to victims against the non-tortfeasors.

Event Contacts
Kaveh Pourvand