Research handbook on fiduciary law / edited by Gordon Smith, Andrew Gold.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Smith, Gordon, editor.

Gold, Andrew S., editor.

Series:

Research handbooks in corporate law and governance.

Research handbooks in corporate law and governance series

Language:

English

Subjects (All):

Trusts and trustees--United States.

Trusts and trustees.

Trusts and trustees--Great Britain.

Physical Description:

1 online resource (480 pages).

Place of Publication:

Northampton, MA : Edward Elgar Pub., Inc., 2018.

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.

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 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.

Notes:

Includes index.

Description based on print version record.

ISBN:

1-78471-483-6