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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 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 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 in Fact-Based Fiduciary Relationships  

Daniel B. Kelly

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines how courts apply fiduciary principles when a fiduciary relationship is based on the particular facts of a case. In a fact-based fiduciary relationship, a court must ... More

Fiduciary Principles in Legal Representation  

Richard W. Painter

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines the fiduciary duties of lawyers, and especially how such duties shape—and are shaped by—their other professional responsibilities. It begins with a discussion of the ... More

Fiduciary Principles in Trust Law  

Robert H. Sitkoff

Print publication date:
May 2019
Online publication date:
May 2019
This chapter canvasses the fiduciary principles applicable to a trustee of a donative, irrevocable private trust. The focus is on American law. The chapter examines: (1) the trigger for ... More

Fiduciary Remedies  

Samuel L. Bray

Print publication date:
May 2019
Online publication date:
May 2019
This chapter offers an overview and analysis of fiduciary remedies. The remedies considered are accounting for profits, constructive trust, equitable compensation, injunction, the ... More

The Identification of Fiduciary Relationships  

Paul B. Miller

Print publication date:
May 2019
Online publication date:
May 2019
This chapter provides synthetic analysis of the law on fiduciary relationships, focusing on the identification of fiduciary relationships and fiduciary relationship formation and ... More

Mandatory and Default Rules in Fiduciary Law  

Daniel Clarry

Print publication date:
May 2019
Online publication date:
May 2019
This chapter discusses the nature and operation of mandatory and default rules in fiduciary law, arguing that loyalty is a core element of every fiduciary legal institution. Loyalty is the ... More

New Frontiers in Private Fiduciary Law  

Paul B. Miller

Print publication date:
May 2019
Online publication date:
May 2019
This chapter charts new frontiers of scholarly inquiry in fiduciary law. The chapter first orients the reader by taking stock of the current state of play in fiduciary scholarship. It then ... More

New Frontiers in Public Fiduciary Law  

Evan Fox-Decent

Print publication date:
May 2019
Online publication date:
May 2019
This chapter considers new frontiers in public fiduciary law, frontiers that it argues are vast and open because public fiduciary theory, within the domain of public law, is an ... More

Other Fiduciary Duties: Implementing Loyalty and Care  

Robert H. Sitkoff

Print publication date:
May 2019
Online publication date:
May 2019
This chapter canvasses the fiduciary duties other than the primary duties of loyalty and care. The core claim is that these other, subsidiary duties are field-specific elaborations of the ... More

The Philosophy of Fiduciary Law  

Charlie Webb

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines the philosophy of fiduciary law. It first considers fiduciary law in relation to contract law, examining the claim that fiduciary law is no more than an application ... More

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