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Fiduciary Obligations in Business

Fiduciary Obligations in Business

Name: Fiduciary Obligations in Business
Brand: Cambridge University Press
SKU: 9781009387095
Price: 340.47 HKD
Availability: InStock
Author: Arthur B. Laby; Jacob Hale Russell
ISBN: 9781009387095

Edited by Arthur B. Laby · Jacob Hale Russell

Cambridge University Press June 2023

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ISBN-13: 9781009387095
Publisher: Cambridge University Press
Publication: June 2023
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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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.

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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Table of Contents

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