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The Oxford Handbook of Fiduciary Law

The Oxford Handbook of Fiduciary Law

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780190634100
  • Published In: July 2019
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Details

    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.

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

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