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Delaware Corporate Fiduciary Law: Searching for the Optimal Balance  

Lawrence A. Hamermesh and Leo E. Strine Jr.

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines Delaware’s corporate fiduciary law, focusing on how the courts have sought to balance concerns about opportunism or carelessness, unchecked by statute, against the ... More

The Economics of Fiduciary Law  

Richard R.W. Brooks

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines the treatment of fiduciary law in the field of law and economics. It begins with a typology of three theoretical tracts that accounts for loyalty in economics: the ... More

Empirical Analysis of Fiduciary Law  

Jonathan Klick and Max M. Schanzenbach

Print publication date:
May 2019
Online publication date:
May 2019
This chapter offers an empirical analysis of fiduciary law, focusing on whether fiduciaries react to changes in fiduciary standards and which fiduciary rules maximize social welfare. ... More

The Fiduciary Duty of Care  

John C. P. Goldberg

Print publication date:
May 2019
Online publication date:
May 2019
Fiduciary duties of care are at once familiar and strange. They partake of many of the characteristics of duties of care in other domains of private law, particularly tort law. But they ... More

The Fiduciary Duty of Loyalty  

Andrew S. Gold

Print publication date:
May 2019
Online publication date:
May 2019
This chapter addresses the fiduciary duty of loyalty. Loyalty is a central concept in fiduciary law, even as scholars differ on whether we should reason from fiduciary relationships to ... More

Fiduciary Law and Corruption  

Sung Hui Kim

Print publication date:
May 2019
Online publication date:
May 2019
This chapter argues that the common law of fiduciary obligation contains an anticorruption norm, which broadly (albeit inconsistently) proscribes and remedies the use of an entrusted ... More

Fiduciary Law and Equity  

Henry E. Smith

Print publication date:
May 2019
Online publication date:
May 2019
This chapter explores the relationship between fiduciary law and equity, focusing on an idea that largely determines the place of fiduciary law in private law: that fiduciary law is ... More

Fiduciary Law and Financial Regulation  

Howell E. Jackson and Talia B. Gillis

Print publication date:
May 2019
Online publication date:
May 2019
This chapter explores the application of fiduciary duties to regulated financial firms and financial services. At first blush, the need for such a chapter might strike some as surprising ... More

Fiduciary Law and Moral Norms  

James Penner

Print publication date:
May 2019
Online publication date:
May 2019
This chapter explores the connection between fiduciary relationships and moral norms or standards. It first considers the distinctions between employee “loyalty,” obligations of good ... More

Fiduciary Law and Pluralism  

Hanoch Dagan

Print publication date:
May 2019
Online publication date:
May 2019
This chapter introduces the idea of a plural legal category, namely, a legal category that is deeply heterogeneous and, nonetheless, legally meaningful. More specifically, it proposes ... More

Fiduciary Law and Psychology  

Tess Wilkinson-Ryan

Print publication date:
May 2019
Online publication date:
May 2019
This chapter considers the psychology of fiduciary law, with particular emphasis on how the principal-agent dynamic affects judgment and decision-making. From a decision-making ... More

Fiduciary Law and Social Norms  

Matthew Harding

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines the relationship between fiduciary law and social norms—norms that guide conduct with reference to social expectations as opposed to universal morality, for example. ... More

Fiduciary Law, Good Faith, and Publicness  

Hillary A. Sale

Print publication date:
May 2019
Online publication date:
May 2019
This chapter uses corporate law as a case study to evaluate the content of the fiduciary duty of good faith. Tracing its development from Van Gorkom through to the present, the chapter ... More

Fiduciary Principles and Public Offices  

Ethan J. Leib and Stephen R. Galoob

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. ... More

Fiduciary Principles and the State  

D. Theodore Rave

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines the fiduciary nature of state authority. It begins with a historical background on how state authority has been conceived in fiduciary terms as far back as Plato, ... More

Fiduciary Principles in Agency Law  

Deborah A. DeMott

Print publication date:
May 2019
Online publication date:
May 2019
This chapter identifies the fiduciary principles that are integral to agency relationships as defined by the common law and explores their implications. In contrast to relationships in ... More

Fiduciary Principles in Banking  

Andrew F. Tuch

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines fiduciary principles in banking law, focusing on both commercial and investment banking. It considers when fiduciary duties exist and what they require, the range of ... More

Fiduciary Principles in Bankruptcy and Insolvency  

John A. E. Pottow

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines fiduciary duties in bankruptcy and insolvency, focusing on the bankruptcy trustee’s duties, which are triggered by virtue of appointment in a case. It first provides ... More

Fiduciary Principles in Charities and Other Nonprofits  

Lloyd Hitoshi Mayer

Print publication date:
May 2019
Online publication date:
May 2019
This chapter provides an overview of the fiduciary principles that apply to charities and other nonprofit organizations. More specifically, it discusses the criteria that trigger a ... More

Fiduciary Principles in Chinese Law  

Nicholas C. Howson

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines the principles of fiduciary doctrine that are found in Chinese law, with a particular focus on developments in law and regulation in the People’s Republic of China ... More

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