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Vol 25 No 2 Feb/March 2020

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Research Handbook on Fiduciary Law

Edited by: D. Gordon Smith, Andrew Gold

ISBN13: 9781784714826
Published: May 2018
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £180.00

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The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law.

Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law.

This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.

Equity and Trusts, Other Jurisdictions , USA
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