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Research handbook of fiduciary law / edited by D. Gordon Smith (Dean and Glen L. Farr Professor of Law, J. Reuben Clark Law School, Brigham Young University), and Andrew S. Gold (Professor of Law, DePaul University College of Law, Illinois, US).
Smith, D. Gordon, 1962- editor.; Gold, Andrew S., 1973- editor.; Edward Elgar Publishing, publisher.
2018
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Edward Elgar
Title
Research handbook of fiduciary law / edited by D. Gordon Smith (Dean and Glen L. Farr Professor of Law, J. Reuben Clark Law School, Brigham Young University), and Andrew S. Gold (Professor of Law, DePaul University College of Law, Illinois, US).
Published
Northampton, MA : Edward Elgar Pub., Inc., 2018.
Call Number
INTERNET
ISBN
9781784714833 (e-book)
Description
1 online resource (480 pages).
System Control No.
eep9781784714833
Summary
Fiduciary duties are widely viewed as essential to myriad private relationships, including guardianships, employment relationships, trusts, business organizations, and professional relationships. Recently, legal scholars and courts have devoted increasing attention to the application of fiduciary principles to public officials and public institutions. Some have argued that fiduciary relationships are unified by a common structure, but courts and commentators typically treat each fiduciary relationship as distinct. As a result, fiduciary law is often viewed as fragmented. The Research Handbook on Fiduciary Law shows that fiduciary law can be a distinctive field of study in its own right. This timely work presents important accounts of fiduciary relationships and new ideas on how fiduciary law can be explained. Coverage includes discussion of fiduciary obligations, fiduciary remedies, the role of equity and trusts, and public fiduciary law. A number of comparative perspectives are introduced to highlight similarities and differences between leading jurisdictions. The chapters in this Research Handbook help to show why this subject has drawn so many distinctive points of view, and sheds new light on a multi-faceted and rapidly growing field of study. This Research Handbook will be of interest to readers concerned with both the theory and practice of fiduciary law, as it incorporates significant new insights and developments in the field. It will also act as a starting point of new inquiry for those looking to contribute to the field themselves.
Note
Includes index.
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text file
Series
Research handbooks in corporate law and governance.
Record Appears in
Remotely Accessible Online Resources
All Resources
Added Author
Smith, D. Gordon, 1962- editor.
Gold, Andrew S., 1973- editor.
Added Corporate Author
Edward Elgar Publishing, publisher.
Contents: Part I: Theories of fiduciary law
1. Fiduciary law's mixed messages / Evan J. Criddle
2. Interpreting fiduciary law / Andrew S. Gold
3. Fiduciary relationships, fiduciary law, and trust / Matthew Harding
4. Delimiting fiduciary status / Julian Velasco
Part II: Fiduciary duties
5. The parable of the talents / Stephen M. Bainbridge
6. Fiduciary law's anti-corruption norm / Sung Hui Kim
7. Competing accounts of fiduciary obligation / Arthur B. Laby
8. Motivation, information, negotiation: why fiduciary accountability cannot be negotiable / Amir N. Licht
9. Dimensions of fiduciary loyalty / Paul B. Miller
Part III: Liability and remedies
10. Punitive damages against trustees? / Samuel L. Bray
11. Culpable participation in fiduciary breach / Deborah A. DeMott
Part IV: Corporations
12. Structural bias, r.i.p.? / Claire A. Hill and Brett H. McDonnell
13. Relating fiduciary duties to corporate personhood and corporate purpose / Lyman Johnson
Part V: Comparative fiduciary law
14. Opting out of fiduciary duties and liabilities in U.S. and U.K. business entities / Christopher M. Bruner
15. Directors' duties and legal safe harbours: a comparative analysis / Matthew Conaglen and Jennifer G. Hill
16. Corporate opportunities in the US and in the UK: how differences in enforcement explain differences in substantive fiduciary duties / Martin Gelter and Genevieve Helleringer
17. The weakening of fiduciary law / Andrew F. Tuch
Part VI: Public fiduciaries
18. Challenges to public fiduciary theory: an assessment / Evan Fox-Decent
19. The core of fiduciary political theory / Stephen R. Galoob & Ethan J. Leib
20. Institutional competence in fiduciary government / D. Theodore Rave
Index.

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