The Oxford Handbook of Fiduciary Law (eBook, PDF)

Redaktion: Criddle, Evan J.; Sitkoff, Robert H.; Miller, Paul B.

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 912
• Erscheinungstermin: 29. April 2019
• Englisch
• ISBN-13: 9780190634117
• Artikelnr.: 56823881

Autorenporträt

Evan J. Criddle is a Professor at William & Mary Law School. His books include Fiduciaries of Humanity: How International Law Constitutes Authority (2016) (with Evan Fox-Decent), and Fiduciary Government (2018) (co-edited with Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim, and Paul B. Miller). He has published articles on fiduciary law in leading academic journals, such as the Cornell Law Review, Northwestern University Law Review, Texas Law Review, and UCLA Law Review. Paul B. Miller is Professor, Associate Dean for International and Graduate Programs, and Director of the Notre Dame Program on Private Law at Notre Dame Law School. He is also a member of the Global Faculty at Peking University Law School. He previously held a permanent appointment at McGill University and has had visiting appointments at the University of Melbourne and Tel Aviv University. His books include Philosophical Foundations of Fiduciary Law (2014) and Contract, Status, and Fiduciary Law (both edited with Andrew S. Gold) as well as Fiduciary Government (2018) (co-edited with Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, and Sung Hui Kim). Robert H. Sitkoff is the John L. Gray Professor of Law at Harvard Law School. His work, which focuses on economic and empirical analysis of trusts, estates, and fiduciary law, has been published in leading scholarly journals such as the Yale Law Journal, the Stanford Law Review, and the Journal of Law and Economics. He is the surviving coauthor of Wills, Trusts, and Estates (10th ed. 2017), the most popular American coursebook on trusts and estates. He serves by gubernatorial appointment as a Uniform Law Commissioner from Massachusetts, and he serves as a member of the Council (the Board of Directors) of the American Law Institute.

Inhaltsangabe

* About the Editors
* Contributors
* Acknowledgements
* Introduction
* Part I. The Doctrinal Canon
* 1: Daniel B. Kelly: Fiduciary Principles in Fact-Based Fiduciary
Relationships
* 2: Deborah A. DeMott: Fiduciary Principles in Agency Law
* 3: Robert H. Sitkoff: Fiduciary Principles in Trust Law
* 4: Julian Velasco: Fiduciary Principles in Corporate Law
* 5: Mohsen Manesh: Fiduciary Principles in Unincorporated Entity Law
* 6: Lloyd Hitoshi Mayer: Fiduciary Principles in Charities and Other
Nonprofits
* 7: Andrew F. Tuch: Fiduciary Principles in Banking
* 8: Arthur B. Laby: Fiduciary Principles in Investment Advice
* 9: Dana M. Muir: Fiduciary Principles in Pension Law
* 10: Aditi Bagchi: Fiduciary Principles in Employment Law
* 11: John A.E. Pottow: Fiduciary Principles in Bankruptcy and
Insolvency
* 12: Elizabeth S. Scott and Ben Chen: Fiduciary Principles in Family
Law
* 13: Nina A. Kohn: Fiduciary Principles in Surrogate Decision-Making
* 14: Richard W. Painter: Fiduciary Principles in Legal Representation
* 15: Mark A. Hall: Fiduciary Principles in Health Care
* 16: Ethan J. Leib and Stephen R. Galoob: Fiduciary Principles and
Public Offices
* 17: D. Theodore Rave: Fiduciary Principles and the State
* 18: Evan J. Criddle: Fiduciary Principles in International Law
* Part II. A Conceptual Synthesis of Fiduciary Law
* 19: Paul B. Miller: The Identification of Fiduciary Relationships
* 20: Andrew S. Gold: The Fiduciary Duty of Loyalty
* 21: John C. P. Goldberg: The Fiduciary Duty of Care
* 22: Robert H. Sitkoff: Other Fiduciary Duties: Implementing Loyalty
and Care
* 23: Daniel Clarry: Mandatory and Default Rules in Fiduciary Law
* 24: Samuel L. Bray: Fiduciary Remedies
* Part III. Fiduciary Law across History and Legal Systems
* 25: Joshua Getzler: Fiduciary Principles in English Common Law
* 26: Richard H. Helmholz: Fiduciary Principles in the Canon Law
* 27: David Johnston: Fiduciary Principles in Roman Law
* 28: Mohammad Fadel: Fiduciary Principles in Classical Islamic Law
Systems
* 29: Chaim N. Saiman: Fiduciary Principles in Classical Jewish Law
* 30: Matthew Conaglen: Fiduciary Principles in Contemporary Common Law
Systems
* 31: Martin Gelter and Geneviève Helleringer: Fiduciary Principles in
European Civil Law Systems
* 32: Nicholas C. Howson: Fiduciary Principles in Chinese Law
* 33: Vikramaditya S. Khanna: Fiduciary Principles in Indian Law
* 34: J. Mark Ramseyer and Masayuki Tamaruya: Fiduciary Principles in
Japanese Law
* Part IV. The Future of Fiduciary Law and Theory
* 35: Richard R.W. Brooks: The Economics of Fiduciary Law
* 36: Charlie Webb: The Philosophy of Fiduciary Law
* 37: Tess Wilkinson-Ryan: Fiduciary Law and Psychology
* 38: Jonathan Klick and Max M. Schanzenbach: Empirical Analysis of
Fiduciary Law
* 39: Henry E. Smith: Fiduciary Law and Equity
* 40: Hillary A. Sale: Fiduciary Law, Good Faith, and Publicness
* 41: James E. Penner: Fiduciary Law and Moral Norms
* 42: Matthew Harding: Fiduciary Law and Social Norms
* 43: Sung Hui Kim: Fiduciary Law and Corruption
* 44: Hanoch Dagan: Fiduciary Law and Pluralism
* 45: Howell E. Jackson and Talia B. Gillis: Fiduciary Law and
Financial Regulation
* 46: Lawrence A. Hamermesh and Leo E. Strine, Jr.: Delaware Corporate
Fiduciary Law: Searching for the Optimal Balance
* 47: Paul B. Miller: New Frontiers in Private Fiduciary Law
* 48: Evan Fox-Decent: New Frontiers in Public Fiduciary Law
* Index