Fiduciary Obligations in Business

Company Law

Fiduciary Obligations in Business

Edited by Arthur B. Laby · Jacob Hale Russell
Cambridge University Press September 2021

Specifications

ISBN-13
9781108485128
Publisher
Cambridge University Press
Publication
September 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The scholarship on fiduciary duties in business organizations is often pulled in two directions. While most observers would agree that business organizations are one of the key contexts for the application of the fiduciary obligation, corporate law theorists have often expressed disdain for the role of fiduciary duties, with the result that fiduciary law and theory have been out of step with the business world. This volume aims to rectify this situation by bringing together a range of scholars to analyze fiduciary relationships and the fiduciary obligation in the business context. Contributing authors examine fiduciary obligations in fields ranging from entity structure to bankruptcy to investment regulation. The volume demonstrates that fiduciary law can inform pressing corporate governance debates, including discussions over stakeholder models of the corporation that move beyond shareholder interests.

Table of Contents

Part I. Identifying Fiduciaries and Their Duties:
1. Fiduciary duties on the temporal edges of agency relationships
Deborah A. DeMott
2. Extra large partnerships
Christine Hurt
3. The three fiduciaries of Delaware corporate law - and Eisenberg's error
Lyman Johnson
4. Trust, discretion, and ERISA fiduciary status
Arthur B. Laby
5. Examining indenture trustee duties
Steven L. Schwarcz
Part II. Gaps and Alternatives in Fiduciary Regimes:
6. Conflicts of interest in investment advice: an expanded view
Quinn Curtis
7. A system of fiduciary protections for mutual funds
Howell E. Jackson
8. Equitable duty: regulating corporate transactions in the vicinity of insolvency from a comparative perspective
Edward J. Janger
9. Equity, majoritarian governance, and the oppression remedy
Paul B. Miller
10. Fiduciary relationships in employee benefit plans
Dana M. Muir
Part III. Historical and Comparative Perspectives:
11. Delaware corporate law and the 'end of history' in creditor protection
Jared A. Ellias and Robert J. Stark
12. The independent director in Delaware and German corporate law
Christoph Kumpan
13. For whom are non-profit managers trustees? The contractual revolution in charity governance
Jacob Hale Russell
14. Fiduciary law and Japanese nonprofits: a historical and comparative synthesis
Masayuki Tamaruya
Part IV. Stakeholders and Society:
15. Corporations, directors' duties and the public/private divide
Jennifer G. Hill
16. Stakeholder impartiality: a new classic approach for the objectives of the corporation
Amir N. Licht
17. Shareholder primacy in benefit corporations
Julian Velasco
18. Self-interested fiduciaries and invulnerable beneficiaries: when fiduciary duties don't fit
Kelli Alces Williams
Index
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