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Fiduciaries and Trust

Fiduciaries and Trust
Author: Paul B. Miller (Law teacher)
Publisher:
Total Pages:
Release: 2020
Genre: Trusts and trustees
ISBN: 9781108616225

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"We begin with two bibliographical observations. First, scholarly interest in trust is no recent phenomenon, but lately there has been a flowering of academic literature studying numerous dimensions of trust from the standpoints of philosophy, economics, sociology and psychology. The depth and richness of this literature is impressive but hardly surprising, given that trust itself is a notoriously complex, elusive, and fact-specific phenomenon. Secondly, scholarly interest in the fiduciary principle that plays such a central role in common law legal systems with a tradition of equity was scarce until the late twentieth century. However, that situation has most definitely changed (for the better), and we now enjoy an abundance of scholarship exploring the fiduciary principle in private law. Moreover, there is a growing body of work exploring ideas of fiduciary government and international law. Scholars are puzzling over fiduciaries and trust as never before. Given this, one might expect to see a flourishing of academic interest in the relation of fiduciaries and trust, especially as it is often assumed or asserted that such a relation exists and that it has descriptive or normative significance for fiduciary law and practice. Yet this is not the case. Systematic analysis of fiduciaries and trust is rare. The aim of this volume is to help fill this gap. Our contributors explore the interactions of fiduciary law and trust, drawing on literatures on trust that have been generated in a variety of disciplines. They do so with an eye to the full scope of extension claimed for the fiduciary principle, from its heartland in private law, to its frontiers in public law and government more broadly. Overall, the volume advances an integrated and wide-ranging understanding of the relation of fiduciaries and trust that illuminates key legal and political problems, and challenges and deepens our understanding of fiduciaries and trust themselves"--


A Relational Theory of World Politics

A Relational Theory of World Politics
Author: Yaqing Qin
Publisher:
Total Pages: 415
Release: 2018-04-05
Genre: Philosophy
ISBN: 1107183146

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A reinterpretation of world politics drawing on Chinese cultural and philosophical traditions to argue for a focus on relations amongst actors, rather than on the actors individually.


Trust

Trust
Author: Adriano Fabris
Publisher: Springer Nature
Total Pages: 199
Release: 2020-04-06
Genre: Philosophy
ISBN: 3030440184

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This book presents cutting-edge concepts on the question of trust. Written by leading experts, it investigates a paradoxical feature of contemporary society: while information and communication technologies, on the one hand, and scientific discourses, on the other, can promote more informed participation in public and democratic life, they have also led to a dramatic decline in our communicative and cooperative skills. The book analyzes the notion of trust from an interdisciplinary perspective by combining the normative (continental) and empirical (Anglo-American) approaches and by considering the political, epistemological, and historical transformations in the interpersonal relationships sparked by new technologies. Using trust as a model, it then investigates and clarifies the new types of participation that are made possible by scientific and technological advances.


Losing Twice

Losing Twice
Author: Emily M. Calhoun
Publisher: Oxford University Press
Total Pages: 185
Release: 2011-03-21
Genre: Law
ISBN: 0199838259

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Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Given our adversarial system, the way that rights cases are decided means that regardless of whether a losing side has committed any actions that cause harm to others, they typically suffer unnecessary harm as a consequence of decisions. In areas such as affirmative action and gay rights, the losers are essentially punished for losing despite neither intending nor causing injury. In Losing Twice, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers. But for this to happen, Calhoun contends, the role of judges needs to be reconceptualized. She contends that the Court should not perceive itself simply as an adversarial forum, but also as a 'transactional' one, where losers are not simply losers but participants in a process capable of addressing and ameliorating the effects that come with loss. Filled with lucid discussions of well known cases, Losing Twice offers an intellectually powerful argument for transforming the decision-making process in Constitutional rights disputes.


Fiduciaries and Trust

Fiduciaries and Trust
Author: Paul B. Miller
Publisher: Cambridge University Press
Total Pages: 357
Release: 2020-04-02
Genre: Law
ISBN: 110848042X

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Explores the interactions of fiduciary law and personal and political trust in private, public and international law.


Leadership, Gender, and Organization

Leadership, Gender, and Organization
Author: Mollie Painter-Morland
Publisher: Springer Science & Business Media
Total Pages: 278
Release: 2011-04-23
Genre: Philosophy
ISBN: 9048190142

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This text provides perspectives on the way in which gender plays a role in leadership dynamics and ethics within organizations. It seeks to offer new theoretical models for thinking about leadership and organizational influence. Most studies of women’s leadership draw on an ethics of care as characteristic of the way women lead, but as such, it tends towards essentialist gender stereotypes and does little to explain the complex systemic variables that influence the functioning of women within organizations. This book moves beyond the canon in exploring alternative paradigms for thinking about leadership and gender in organizations. The authors draw on the literature available in systems thinking, systemic leadership, and gender theory to offer alternative perspectives for thinking about the ways women lead. The book offers invaluable theoretical perspectives and insightful narratives to graduate students and researchers who are interested in women’s leadership, gender and organization. It will be of interest to all women in leadership positions, but specifically to those interested in understanding the systemic nature of leadership and their role within it.


The Ethics of Research Involving Animals

The Ethics of Research Involving Animals
Author:
Publisher:
Total Pages: 335
Release: 2005-01-01
Genre: Animal experimentation
ISBN: 9781904384106

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A report of the Nuffield Council on Bioethics working party investigating the ethical issues of research involving animals.


Rebuilding Native Nations

Rebuilding Native Nations
Author: Miriam Jorgensen
Publisher: University of Arizona Press
Total Pages: 392
Release: 2007-12-13
Genre: Social Science
ISBN: 9780816524211

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A revolution is underway among the Indigenous nations of North America. It is a quiet revolution, largely unnoticed in society at large. But it is profoundly important. From High Plains states and Prairie Provinces to southwestern deserts, from Mississippi and Oklahoma to the northwest coast of the continent, Native peoples are reclaiming their right to govern themselves and to shape their future in their own ways. Challenging more than a century of colonial controls, they are addressing severe social problems, building sustainable economies, and reinvigorating Indigenous cultures. In effect, they are rebuilding their nations according to their own diverse and often innovative designs. Produced by the Native Nations Institute for Leadership, Management, and Policy at the University of Arizona and the Harvard Project on American Indian Economic Development, this book traces the contours of that revolution as Native nations turn the dream of self-determination into a practical reality. Part report, part analysis, part how-to manual for Native leaders, it discusses strategies for governance and community and economic development being employed by American Indian nations and First Nations in Canada as they move to assert greater control over their own affairs. Rebuilding Native Nations provides guidelines for creating new governance structures, rewriting constitutions, building justice systems, launching nation-owned enterprises, encouraging citizen entrepreneurs, developing new relationships with non-Native governments, and confronting the crippling legacies of colonialism. For nations that wish to join that revolution or for those who simply want to understand the transformation now underway across Indigenous North America, this book is a critical resource. CONTENTS Foreword by Oren Lyons Editor's Introduction Part 1 Starting Points 1. Two Approaches to the Development of Native Nations: One Works, the Other Doesn't Stephen Cornell and Joseph P. Kalt 2. Development, Governance, Culture: What Are They and What Do They Have to Do with Rebuilding Native Nations? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Joseph P. Kalt Part 2 Rebuilding the Foundations 3. Remaking the Tools of Governance: Colonial Legacies, Indigenous Solutions Stephen Cornell 4. The Role of Constitutions in Native Nation Building: Laying a Firm Foundation Joseph P. Kalt 5 . Native Nation Courts: Key Players in Nation Rebuilding Joseph Thomas Flies-Away, Carrie Garrow, and Miriam Jorgensen 6. Getting Things Done for the Nation: The Challenge of Tribal Administration Stephen Cornell and Miriam Jorgensen Part 3 Reconceiving Key Functions 7. Managing the Boundary between Business and Politics: Strategies for Improving the Chances for Success in Tribally Owned Enterprises Kenneth Grant and Jonathan Taylor 8. Citizen Entrepreneurship: An Underutilized Development Resource Stephen Cornell, Miriam Jorgensen, Ian Wilson Record, and Joan Timeche 9. Governmental Services and Programs: Meeting Citizens' Needs Alyce S. Adams, Andrew J. Lee, and Michael Lipsky 10. Intergovernmental Relationships: Expressions of Tribal Sovereignty Sarah L. Hicks Part 4 Making It Happen 11. Rebuilding Native Nations: What Do Leaders Do? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Nathan Pryor 12. Seizing the Future: Why Some Native Nations Do and Others Don't Stephen Cornell, Miriam Jorgensen, Joseph P. Kalt, and Katherine Spilde Contreras Afterword by Satsan (Herb George) References About the Contributors Index