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.
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.
Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, this book demonstrates that the popular characterisations of the relationship between them are ...
authorized derivative action) to sue on corporate fiduciary (not just securities fraud) claims. ... in Research Handbook on Partnerships, LLCs and Alternative Forms of Business Organizations 390–411 (Robert W. Hillman & Mark J.
Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives.
Brown 80 N.Y. 527 (1880) 341 Bass v. Feigenspan 96 F.206 (1899) 484 Baumohl v. Goldstein 124 A. 118 (1924) 335 Bayer v. Beran 49 N.Y.S.2d 2 (1944) 75, 360 Beard v. Elster A.2d 731 (1960) 80, 89 Beech-Nut Packing Co v.
Leading scholars analyze key issues in fiduciary duties in business―one of the most salient applications of fiduciary law and theory.
Address crucial issues in the short and long term with this sophisticated analysis of ERISA fiduciary topics as determined by ERISA, the IRC, DOL regulations, and the federal courts.Analysis from 21 of the country's most prominent ERISA ...
Explores the interactions of fiduciary law and personal and political trust in private, public and international law.
In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application.
But rarely are the policies of the fiduciary law examined as such, and rarely are fiduciaries examined together in a systematic manner. This book offers a study of the fiduciary family members and the different rules that govern them.