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Research Handbook on Fiduciary Law

9781784714826 Edward Elgar Publishing

Research Handbooks in Corporate Law and Governance series

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, Brooklyn Law School, US

Publication Date: 2018 ISBN: 978 1 78471 482 6 Extent: 480 pp

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.

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Critical Acclaim

Contributors

Contents

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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.

Critical Acclaim

‘The Handbook is an impressive and wide-ranging treatment of various aspects of fiduciary law that has a great deal to say that is of interest and value to someone looking at the subject without a particular corporate or governance interest.’
– Daniel J Carr, The Edinburgh Law Review

Contributors

Contributors: S.M. Bainbridge, S.L. Bray, C.M. Bruner, M. Conaglen, E.J. Criddle, D.A. DeMott, E. Fox-Decent, S.R. Galoob, M. Gelter, A.S. Gold, M. Harding, G. Helleringer, C.A. Hill, J.G. Hill, L.P.Q. Johnson, S.H. Kim, A.R. Laby, E.J. Leib, A.N. Licht, B.H. McDonnell, P.B. Miller, D.T. Rave, D.G. Smith, A.F. 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