The Oxford Handbook of Fiduciary Law

by Evan J. Criddle (Editor), Paul B. Miller (Editor), Robert H. Sitkoff (Editor)

Overview

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.

Product Details

ISBN-13:	9780190941499
Publisher:	Oxford University Press
Publication date:	04/29/2019
Series:	Oxford Handbooks
Sold by:	Barnes & Noble
Format:	eBook
File size:	2 MB

About the Author

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.

Table of Contents

About the EditorsContributorsAcknowledgementsIntroduction, Evan J. Criddle, Paul B. Miller, and Robert H. SitkoffPart I. The Doctrinal Canon1. Fiduciary Principles in Fact-Based Fiduciary Relationships, Daniel B. Kelly2. Fiduciary Principles in Agency Law, Deborah A. DeMott3. Fiduciary Principles in Trust Law, Robert H. Sitkoff4. Fiduciary Principles in Corporate Law, Julian Velasco5. Fiduciary Principles in Unincorporated Entity Law, Mohsen Manesh6. Fiduciary Principles in Charities and Other Nonprofits, Lloyd Hitoshi Mayer7. Fiduciary Principles in Banking, Andrew F. Tuch8. Fiduciary Principles in Investment Advice, Arthur B. Laby9. Fiduciary Principles in Pension Law, Dana M. Muir10. Fiduciary Principles in Employment Law, Aditi Bagchi11. Fiduciary Principles in Bankruptcy and Insolvency, John A.E. Pottow12. Fiduciary Principles in Family Law, Elizabeth S. Scott and Ben Chen13. Fiduciary Principles in Surrogate Decision-Making, Nina A. Kohn14. Fiduciary Principles in Legal Representation, Richard W. Painter15. Fiduciary Principles in Health Care, Mark A. Hall16. Fiduciary Principles and Public Offices, Ethan J. Leib and Stephen R. Galoob17. Fiduciary Principles and the State, D. Theodore Rave18. Fiduciary Principles in International Law, Evan J. CriddlePart II. A Conceptual Synthesis of Fiduciary Law19. The Identification of Fiduciary Relationships, Paul B. Miller20. The Fiduciary Duty of Loyalty, Andrew S. Gold21. The Fiduciary Duty of Care, John C. P. Goldberg22. Other Fiduciary Duties: Implementing Loyalty and Care, Robert H. Sitkoff23. Mandatory and Default Rules in Fiduciary Law, Daniel Clarry24. Fiduciary Remedies, Samuel L. BrayPart III. Fiduciary Law across History and Legal Systems25. Fiduciary Principles in English Common Law, Joshua Getzler26. Fiduciary Principles in the Canon Law, Richard H. Helmholz27. Fiduciary Principles in Roman Law, David Johnston28. Fiduciary Principles in Classical Islamic Law Systems, Mohammad Fadel29. Fiduciary Principles in Classical Jewish Law, Chaim N. Saiman30. Fiduciary Principles in Contemporary Common Law Systems, Matthew Conaglen31. Fiduciary Principles in European Civil Law Systems, Martin Gelter and Geneviève Heelleringer32. Fiduciary Principles in Chinese Law, Nicholas C. Howson33. Fiduciary Principles in Indian Law, Vikramaditya S. Khanna34. Fiduciary Principles in Japanese Law, J. Mark Ramseyer and Masayuki TamaruyaPart IV. The Future of Fiduciary Law and Theory35. The Economics of Fiduciary Law, Richard R.W. Brooks36. The Philosophy of Fiduciary Law, Charlie Webb37. Fiduciary Law and Psychology, Tess Wilkinson-Ryan38. Empirical Analysis of Fiduciary Law, Jonathan Klick and Max M. Schanzenbach39. Fiduciary Law and Equity, Henry E. Smith40. Fiduciary Law, Good Faith, and Publicness, Hillary A. Sale41. Fiduciary Law and Moral Norms, James E. Penner42. Fiduciary Law and Social Norms, Matthew Harding43. Fiduciary Law and Corruption, Sung Hui Kim44. Fiduciary Law and Pluralism, Hanoch Dagan45. Fiduciary Law and Financial Regulation, Howell E. Jackson and Talia B. Gillis46 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. Miller48. New Frontiers in Public Fiduciary Law, Evan Fox-DecentIndex

Editorial Reviews

"The Handbook's forty-eight articles cover an amazingly broad range of topics. ... there can scarcely be a lawyer or legal scholar anywhere who wouldn't benefit by acquiring it." — Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chamber

From the Publisher