Transnational Fiduciary Law PDF Download
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Author | : Seth Davis |
Publisher | : Cambridge University Press |
Total Pages | : 321 |
Release | : 2023-10-31 |
Genre | : Law |
ISBN | : 1009310291 |
Download Transnational Fiduciary Law Book in PDF, ePub and Kindle
This book examines addresses a social problem that cuts across legal systems: abuse of authority in decision making. Whether within familial, political, or business relations, all individuals are vulnerable to another's abuse of authority to make decisions for them. This book is about how law may respond to this problem transnationally.
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 | : 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 | : 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 | : Andrew S. Gold |
Publisher | : |
Total Pages | : 449 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0198701721 |
Download Philosophical Foundations of Fiduciary Law Book in PDF, ePub and Kindle
Fiduciary law is one of the most important areas of law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties of loyalty fiduciaries owe to their beneficiaries.
Author | : Tamar Frankel |
Publisher | : |
Total Pages | : 334 |
Release | : 2011 |
Genre | : Law |
ISBN | : 019539156X |
Download Fiduciary Law Book in PDF, ePub and Kindle
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
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 J. Criddle |
Publisher | : Oxford University Press |
Total Pages | : 393 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0199397929 |
Download Fiduciaries of Humanity Book in PDF, ePub and Kindle
Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people. In Fiduciaries of Humanity: How International Law Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority. Under international law today, states serve as fiduciaries of humanity, and their authority to govern and represent their people is dependent on their satisfaction of numerous duties, the most general of which is to establish a regime of secure and equal freedom on behalf of the people subject to their power. International institutions also serve as fiduciaries of humanity and are subject to similar fiduciary obligations. In contrast to the receding classical model of public international law, which assumes an abiding tension between a state's sovereignty and principles of state responsibility, the fiduciary theory reconciles state sovereignty and responsibility by explaining how a state's obligations to its people are constitutive of its legal authority under international law. The authors elaborate and defend the fiduciary model while exploring its application to a variety of current topics and controversies, including human rights, emergencies, the treatment of detainees in counterterrorism operations, humanitarian intervention, and the protection of refugees fleeing persecution.
Author | : Paul B. Miller |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2020-04-02 |
Genre | : Law |
ISBN | : 110848042X |
Download Fiduciaries and Trust Book in PDF, ePub and Kindle
Explores the interactions of fiduciary law and personal and political trust in private, public and international law.
Author | : David Kershaw |
Publisher | : Cambridge University Press |
Total Pages | : 549 |
Release | : 2018-08-23 |
Genre | : Business & Economics |
ISBN | : 1107092337 |
Download The Foundations of Anglo-American Corporate Fiduciary Law Book in PDF, ePub and Kindle
Explores the foundations and evolution of corporate fiduciary law in the United States and the United Kingdom.