Full Description
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.
Contributors include: S.M. Bainbridge, S.L. Bray, C.M. Bruner, M. Conaglen, E.J. Criddle, D.A. DeMott, E. Fox-Decent, S. Galoob, M. Gelter, A.S. Gold, M. Harding, G. Helleringer, C. Hill, J. Hill, L.P.Q. Johnson, S.H. Kim, A. Laby, E. Leib, A. Licht, B. McDonnell, P. Miller, D.T. Rave, D.G. Smith, A. Tuch, J. Velasco
Contents
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 P.Q. 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
Jennifer G. Hill and Matthew Conaglen
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 and Ethan J. Leib
20. Institutional Competence in Fiduciary Government
D. Theodore Rave
Index
