Theorizing Transnational Fiduciary Law PDF Download
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| Author | : Seth Davis |
| Publisher | : |
| Total Pages | : 14 |
| Release | : 2020 |
| Genre | : |
| ISBN | : |
Download Theorizing Transnational Fiduciary Law Book in PDF, ePub and Kindle
This symposium Article theorizes and assesses transnational legal ordering of fiduciary law. Fiduciary law imposes legally enforceable duties on those entrusted with discretionary authority over the interests of others. The fiduciary law of a state may apply to fiduciary relationships having a transnational (or even global) scope. Fiduciary norms themselves are transnational to the extent that they settle as governing legal norms in ways that transcend and permeate state boundaries. Curiously, however, fiduciary legal theory and transnational legal theory have yet to meet. This symposium takes the first steps towards a comprehensive theory of transnational fiduciary law. To assess transnational legal ordering of fiduciary law, one must study the extent of normative settlement across state boundaries. This can be done in terms of a meta concept of fiduciary law involving a transnational body of law, or in terms of the processes that give rise to discrete domains of fiduciary law to address particular problems as understood by relevant actors. Comparative legal analysis is critical for assessing the extent of concordance and divergence in the development and practice of fiduciary law across states. This Article introduces symposium articles that assess transnational fiduciary law as a meta concept; transnational legal ordering of fiduciary law in discrete domains; and comparative fiduciary law. Together, these articles suggest that processes of transnational legal ordering can give rise to transnational fiduciary law and the potential development of discrete transnational legal orders that transcend and permeate nation-states.
| Author | : Seth Davis |
| Publisher | : Cambridge University Press |
| Total Pages | : 321 |
| Release | : 2024-02-08 |
| Genre | : Law |
| ISBN | : 1009310305 |
Download Transnational Fiduciary Law Book in PDF, ePub and Kindle
This book assesses the conceptualization and legal response to the social problem of abuse of fiduciary authority in transnational context.
| Author | : Evan Fox-Decent |
| Publisher | : Oxford University Press |
| Total Pages | : 302 |
| Release | : 2011-12-08 |
| Genre | : Law |
| ISBN | : 0199698317 |
Download Sovereignty's Promise Book in PDF, ePub and Kindle
Arguing that the state and its people stand in a fiduciary relationship, Sovereignty's Promise puts forward a bold new account of political authority and its legal limits. In doing so it presents a fresh argument for common law constitutionalism and a novel theoretical framework for understanding the requirements of the rule of law.
| Author | : Evan J. Criddle |
| Publisher | : Cambridge University Press |
| Total Pages | : 762 |
| Release | : 2018-11-15 |
| Genre | : Law |
| ISBN | : 1108680011 |
Download Fiduciary Government Book in PDF, ePub and Kindle
The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.
| Author | : D. Gordon Smith |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 480 |
| Release | : 2018 |
| Genre | : |
| ISBN | : 1784714836 |
Download Research Handbook on Fiduciary Law Book in PDF, ePub and Kindle
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.
| Author | : Evan J. Criddle |
| Publisher | : Oxford University Press |
| Total Pages | : 912 |
| Release | : 2019-04-29 |
| Genre | : Law |
| ISBN | : 0190634111 |
Download The Oxford Handbook of Fiduciary Law Book in PDF, ePub and Kindle
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
| Author | : David Kershaw |
| Publisher | : Cambridge University Press |
| Total Pages | : 549 |
| Release | : 2018-08-23 |
| Genre | : Law |
| ISBN | : 1108651135 |
Download The Foundations of Anglo-American Corporate Fiduciary Law Book in PDF, ePub and Kindle
This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.
| Author | : Evan J. Criddle |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
Download Liberty in Loyalty Book in PDF, ePub and Kindle
Conventional wisdom holds that the fiduciary duty of loyalty is a prophylactic rule that serves to deter and redress harmful opportunism. This idea can be traced back to the dawn of modern fiduciary law in England and the United States, and it has inspired generations of legal scholars to attempt to explain and justify the duty of loyalty from an economic perspective. Nonetheless, this Article argues that the conventional account of fiduciary loyalty should be abandoned because it does not adequately explain or justify fiduciary law's core features. The normative foundations of fiduciary loyalty come into sharper focus when viewed through the lens of republican legal theory. Consistent with the republican tradition, the fiduciary duty of loyalty serves primarily to ensure that a fiduciary's entrusted power does not compromise liberty by exposing her principal and beneficiaries to domination. The republican theory has significant advantages over previous theories of fiduciary law because it better explains and justifies the law's traditional features, including the uncompromising requirements of fiduciary loyalty and the customary remedies of rescission, constructive trust, and disgorgement. Significantly, the republican theory arrives at a moment when American fiduciary law stands at a crossroads. In recent years, some politicians, judges, and legal scholars have worked to dismantle two central pillars of fiduciary loyalty: the categorical prohibition against unauthorized conflicts of interest and conflicts of duty (the no-conflict rule), and the requirement that fiduciaries relinquish unauthorized profits (the no-profit rule). The republican theory explains why these efforts to scale back the duty of loyalty should be resisted in the interest of safeguarding liberty.
| Author | : Paul Baron Miller |
| Publisher | : |
| Total Pages | : 532 |
| Release | : 2008 |
| Genre | : Trusts and trustees |
| ISBN | : 9780494398968 |
Download Essays Toward a Theory of Fiduciary Law Book in PDF, ePub and Kindle
Fiduciary liability is conventionally understood as premised upon the fiduciary relationship---the establishment of a fiduciary relationship gives rise to fiduciary duties, violation of which renders the fiduciary liable to the beneficiary. Implicit in the conventional view are two assumptions: the first is that the fiduciary relationship is a distinctive kind of legal relationship, and the second that certain of its distinctive qualities suffice to explain and justify fiduciary obligation. The conventional position has persisted for centuries despite the fact that these assumptions remain unjustified. Reams of case law and commentary have failed to yield a clear conception of the fiduciary relationship capable of securing its claim to distinctiveness. Likewise, the existence of a nexus between fiduciary obligation and the fiduciary relationship is largely taken as an article of faith. In recent years, the conventional position has been subject to challenge. Some have suggested that fiduciary obligation is justified directly on the basis of extrinsic moral, economic or policy goals (e.g., protecting trust, promoting economic efficiency). Others have argued that fiduciary obligation is ultimately contractual in nature, and may be explained and justified accordingly. In the end, both instrumentalist and contractualist theories of fiduciary obligation prove unconvincing. Nevertheless, a basic challenge remains valid: the assumptions implicit in the conventional position must be argued for. This thesis addresses that challenge. It seeks to vindicate the conventional position by securing the assumptions upon which it is based. To that end, I develop an account of the fiduciary relationship that articulates its distinctive qualities and shows how certain among them suffice to explain and justify fiduciary obligation. The resulting theory of fiduciary liability draws strength from the fact that it is built upon institutional practice and resonant with dominant private law theory.
| Author | : Leonard I. Rotman |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : |
| ISBN | : |
Download Fiduciary Law's 'Holy Grail' Book in PDF, ePub and Kindle
Fiduciary law has experienced tremendous growth over the past few decades. However, its indiscriminate and generally unexplained use, particularly to justify results-oriented decision making, has created a confused and problematic jurisprudence. Fiduciary law was never intended to apply to the garden variety of cases. Rather, it was established for use only where the laws of contract, tort and unjust enrichment were silent or deficient. Yet, even in those circumstances, it applied solely in regard to socially or economically important or necessary interactions of high trust and confidence creating implicit dependency and peculiar vulnerability. This Article lays the foundation for developing a more sound fiduciary jurisprudence by identifying the “holy grail” that unites the theory of fiduciary obligations with its practical application. It demonstrates how fiduciary law may properly facilitate situationally-appropriate justice in ways that the ordinary laws of civil obligation cannot. Further, it establishes an enhanced understanding of fiduciary law that both complements the laws of contract, tort, and unjust enrichment and is consistent with fiduciary law's historical and theoretical foundations.
