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Vol 24 No 4 April/May 2019

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Cover of Professional Conduct Casebook 3rd ed: Digital Pack

Professional Conduct Casebook 3rd ed: Digital Pack

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Fiduciary Government

Edited by: Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim, Paul B. Miller

ISBN13: 9781107194243
Published: January 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £105.00

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The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering.

This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas.

The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.

Constitutional and Administrative Law
Introduction. Fiduciary government: provenance, promise, and pitfalls Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim and Paul B. Miller

Part I. Modes of Governance:
1. Fiduciary representation Paul B. Miller
2. Two problems of fiduciary government D. Theodore Rave
3. Guardians of legal order: the dual commissions of public fiduciaries Evan J. Criddle and Evan Fox-Decent
4. Fiduciary theory: the missing piece for positive rights Laura S. Underkuffler

Part II. Historical Approaches:
5. 'The state is a minor': fiduciary concepts of government in the Roman law of guardianship Daniel Lee
6. Fiduciary government and government officers' incentives Nicholas R. Parrillo

Part III. The Problem of Legitimacy:
7. Fiduciary political theory and legitimacy Stephen R. Galoob and Ethan J. Leib
8. The state as a wrongful fiduciary Andrew S. Gold

Part IV. Corruption and Breach of Trust:
9. The Supreme Court's fiduciary duty to forgo gifts Sung Hui Kim
10. Congressional officials and the fiduciary duty of loyalty: lessons from corporate law Donna M. Nagy
11. The American law of local officials as fiduciaries: lessons on fiduciary government's potential and limits Nadav Shoked

Part V. Skeptical Challenges:
12. Pluralism and the public trust Seth Davis
13. The public trust Timothy Endicott.