The Oxford Handbook Of Fiduciary Law

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The Oxford Handbook of Fiduciary Law

Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff
The Oxford Handbook of Fiduciary Law Book PDF

Author : Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff
Publisher : Oxford Handbooks
Page : 1028 pages
File Size : 45,7 Mb
Release : 2019-05-27
Category : Law
ISBN : 9780190634100

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The Oxford Handbook of Fiduciary Law by Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff Pdf

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.

Fiduciary Law

Tamar Frankel
Fiduciary Law Book PDF

Author : Tamar Frankel
Publisher : Oxford University Press
Page : 334 pages
File Size : 51,9 Mb
Release : 2011
Category : Business & Economics
ISBN : 9780195391565

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Fiduciary Law by Tamar Frankel Pdf

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.

Fiduciaries and Trust

Paul B. Miller,Matthew Harding
Fiduciaries and Trust Book PDF

Author : Paul B. Miller,Matthew Harding
Publisher : Cambridge University Press
Page : 357 pages
File Size : 48,8 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781108480420

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Fiduciaries and Trust by Paul B. Miller,Matthew Harding Pdf

Explores the interactions of fiduciary law and personal and political trust in private, public and international law.

The Oxford Handbook of Private Equity

Douglas Cumming
The Oxford Handbook of Private Equity Book PDF

Author : Douglas Cumming
Publisher : OUP USA
Page : 769 pages
File Size : 50,7 Mb
Release : 2012-03-22
Category : Business & Economics
ISBN : 0195391586

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The Oxford Handbook of Private Equity by Douglas Cumming Pdf

This Handbook provides a comprehensive picture of the issues surrounding the structure, governance, and performance of private equity.

The Oxford Handbook of the New Private Law

Andrew S. Gold,Carter Professor of General Jurisprudence John C P Goldberg,John C. P. Goldberg,Daniel B. Kelly,Frank B Ingersol Professor of Law Emily Sherwin,Henry E. Smith
The Oxford Handbook of the New Private Law Book PDF

Author : Andrew S. Gold,Carter Professor of General Jurisprudence John C P Goldberg,John C. P. Goldberg,Daniel B. Kelly,Frank B Ingersol Professor of Law Emily Sherwin,Henry E. Smith
Publisher : Oxford University Press, USA
Page : 640 pages
File Size : 50,6 Mb
Release : 2020-11-06
Category : Law
ISBN : 9780190919665

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The Oxford Handbook of the New Private Law by Andrew S. Gold,Carter Professor of General Jurisprudence John C P Goldberg,John C. P. Goldberg,Daniel B. Kelly,Frank B Ingersol Professor of Law Emily Sherwin,Henry E. Smith Pdf

"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--

The Oxford Handbook of International Trade Law

Daniel L. Bethlehem,Donald McRae,Rodney Neufeld,Isabelle Van Damme
The Oxford Handbook of International Trade Law Book PDF

Author : Daniel L. Bethlehem,Donald McRae,Rodney Neufeld,Isabelle Van Damme
Publisher : Oxford Handbooks
Page : 856 pages
File Size : 53,9 Mb
Release : 2009
Category : Law
ISBN : 9780199231928

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The Oxford Handbook of International Trade Law by Daniel L. Bethlehem,Donald McRae,Rodney Neufeld,Isabelle Van Damme Pdf

This book examines international trade law and its intersection with states and other aspects of the international system. It covers the economic and institutional context of the world trading system, substantive law of the WTO, dispute settlement, and the interaction between trade and other disciplines in international law.

The Right of Redress

Andrew Gold
The Right of Redress Book PDF

Author : Andrew Gold
Publisher : Oxford University Press
Page : 208 pages
File Size : 55,9 Mb
Release : 2020-07-17
Category : Law
ISBN : 9780192545572

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The Right of Redress by Andrew Gold Pdf

The law enables private parties to undo the wrongs committed against them, allowing victims to seek redress. A distinctive kind of justice governs our legal rights of redress, different from the leading corrective justice approaches. Through analysis of this key idea, The Right of Redress helps to make sense of tort, contract, fiduciary law, and unjust enrichment doctrine. When a wrong is remedied, the authorship of that remedy matters. The justice in private law is sensitive to a right holder's authorship, and understanding how solves a number of legal theory puzzles. Many forms of redress are only available with state assistance, and a full account of private law requires an account of the state's responsibility to assist. It also requires an explanation of those cases in which the state declines to assist. Prior accounts have drawn on Kantian principles or a Lockean social contract theory, where The Right of Redress, drawing on public fiduciary theory, develops a distinctive account of the state's role. This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions. The Right of Redress thus offers a pathbreaking account of the justice in private law, the political theory that underlies it, and the contemporary features that shape our rights of redress today.

Fiduciary Law and Responsible Investing

Benjamin J. Richardson
Fiduciary Law and Responsible Investing Book PDF

Author : Benjamin J. Richardson
Publisher : Routledge
Page : 347 pages
File Size : 53,8 Mb
Release : 2013-08-21
Category : Law
ISBN : 9781135941062

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Fiduciary Law and Responsible Investing by Benjamin J. Richardson Pdf

This book is about fiduciary law’s influence on the financial economy’s environmental performance, focusing on how the law affects responsible investing and considering possible legal reforms to shift financial markets closer towards sustainability. Fiduciary law governs how trustees, fund managers or other custodians administer the investment portfolios owned by beneficiaries. Written for a diverse audience, not just legal scholars, the book examines in a multi-jurisdictional context an array of philosophical, institutional and economic issues that have shaped the movement for responsible investing and its legal framework. Fiduciary law has acquired greater influence in the financial economy in tandem with the extraordinary recent growth of institutional funds such as pension plans and insurance company portfolios. While the fiduciary prejudice against responsible investing has somewhat waned in recent years, owing mainly to reinterpretations of fiduciary and trust law, significant barriers remain. This book advances the notion of ‘nature’s trust’ to metaphorically signal how fiduciary responsibility should accommodate society’s dependence on long-term environmental well-being. Financial institutions, managing vast investment portfolios on behalf of millions of beneficiaries, should manage those investments with regard to the broader social interest in sustaining ecological health. Even for their own financial self-interest, investors over the long-term should benefit from maintaining nature’s capital. We should expect everyone to act in nature’s trust, from individual funds to market regulators. The ancient public trust doctrine could be refashioned for stimulating this change, and sovereign wealth funds should take the lead in pioneering best practices for environmentally responsible investing.

The Oxford Handbook on the Sources of International Law

Samantha Besson,Jean D'Aspremont,Sévrine Knuchel
The Oxford Handbook on the Sources of International Law Book PDF

Author : Samantha Besson,Jean D'Aspremont,Sévrine Knuchel
Publisher : Oxford University Press
Page : 1233 pages
File Size : 48,9 Mb
Release : 2017
Category : Law
ISBN : 9780198745365

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The Oxford Handbook on the Sources of International Law by Samantha Besson,Jean D'Aspremont,Sévrine Knuchel Pdf

This handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.--

Fiduciary Law

Tamar T Frankel
Fiduciary Law Book PDF

Author : Tamar T Frankel
Publisher : Oxford University Press
Page : 334 pages
File Size : 45,6 Mb
Release : 2010-12-17
Category : Law
ISBN : 9780199750276

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Fiduciary Law by Tamar T Frankel Pdf

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 Oxford Handbook of the New Private Law

Andrew S. Gold,John C.P. Goldberg,Daniel B. Kelly,Emily Sherwin,Henry E. Smith
The Oxford Handbook of the New Private Law Book PDF

Author : Andrew S. Gold,John C.P. Goldberg,Daniel B. Kelly,Emily Sherwin,Henry E. Smith
Publisher : Oxford University Press
Page : 880 pages
File Size : 50,6 Mb
Release : 2020-10-27
Category : Law
ISBN : 9780190919672

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The Oxford Handbook of the New Private Law by Andrew S. Gold,John C.P. Goldberg,Daniel B. Kelly,Emily Sherwin,Henry E. Smith Pdf

The Oxford Handbook of the New Private Law reflects exciting developments in scholarship dedicated to reinvigorating the study of the broad field of private law. This field embraces the traditional common law subjects (property, contracts, and torts), as well as adjacent, more statutory areas, such as intellectual property and commercial law. It also includes important areas that have been neglected in the United States but are beginning to make a comeback. These include unjust enrichment, restitution, equity, and remedies more generally. "Private law" can also mean private law as a whole, which invites consideration of issues such as the public-private distinction, the similarities and differences between the various areas of private law, and the institutional framework supporting private law - including courts, arbitrators, and even custom. The New Private Law is an approach to these subjects that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement has begun resuscitating the notion of private law itself in the United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The Handbook embraces a broad range of perspectives to private law - including philosophical, economic, historical, and psychological, to name a few - yet it offers a unifying theme of seriousness about the structure and content of private law. It will be an essential resource for legal scholars interested in the future of this important field.

The Oxford Handbook of Children and the Law

James G. Dwyer
The Oxford Handbook of Children and the Law Book PDF

Author : James G. Dwyer
Publisher : Oxford University Press, USA
Page : 954 pages
File Size : 43,9 Mb
Release : 2020
Category : Law
ISBN : 9780190694395

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The Oxford Handbook of Children and the Law by James G. Dwyer Pdf

The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status of gamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. Most chapters follow a format wherein they first describe the most debated or dynamic issues in each topical area, then explain in depth the law and/or science pertaining to the author's particular focus, and finally offer arguments and recommendations as to law and policy in that area. The normative component aims to advance discussions and debates in vital areas of contemporary child welfare law and policy. The Handbook is an essential resource for scholars and professionals interested in the intersection of children and the law.

Cambridge Handbook of Institutional Investment and Fiduciary Duty

James P. Hawley,Andreas G. F. Hoepner,Keith L. Johnson,Joakim Sandberg,Edward J. Waitzer
Cambridge Handbook of Institutional Investment and Fiduciary Duty Book PDF

Author : James P. Hawley,Andreas G. F. Hoepner,Keith L. Johnson,Joakim Sandberg,Edward J. Waitzer
Publisher : Cambridge University Press
Page : 512 pages
File Size : 49,6 Mb
Release : 2015-07-02
Category : Business & Economics
ISBN : 1107562082

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Cambridge Handbook of Institutional Investment and Fiduciary Duty by James P. Hawley,Andreas G. F. Hoepner,Keith L. Johnson,Joakim Sandberg,Edward J. Waitzer Pdf

The Cambridge Handbook of Institutional Investment and Fiduciary Duty is a comprehensive reference work exploring recent changes and future trends in the principles that govern institutional investors and fiduciaries. A wide range of contributors offer new perspectives on dynamics that drive the current emphasis on short-term investment returns. Moreover, they analyze the forces at work in markets around the world which are bringing into sharper focus the systemic effects that investment practices have on the long-term stability of the economy and the interests of beneficiaries in financial, social and environmental sustainability. This volume provides a global and multi-faceted commentary on the evolving standards governing institutional investment, offering guidance for students, researchers and policy-makers interested in finance, governance and other aspects of the contemporary investment world. It also provides investment, business, financial media and legal professionals with the tools they need to better understand and respond to new financial market challenges of the twenty-first century.

Contract, Status, and Fiduciary Law

Paul B. Miller,Andrew S. Gold
Contract Status and Fiduciary Law Book PDF

Author : Paul B. Miller,Andrew S. Gold
Publisher : Oxford University Press
Page : 350 pages
File Size : 50,5 Mb
Release : 2016-11-17
Category : Law
ISBN : 9780191084782

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Contract, Status, and Fiduciary Law by Paul B. Miller,Andrew S. Gold Pdf

Contractual and fiduciary relationships are the two primary mechanisms through which the law facilitates coordinated pursuit of our personal interests. These fields are often represented in oppositional terms, and many accept the distinction that contract law allows an individual to pursue their interests independently, while fiduciary law allows an individual to pursue their interests in a dependent or interdependent way. Relying on this distinction, however, seems to suggest that the boundaries between the fields of contract and fiduciary law are fixed rather than fluid. Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, Contract, Status, and Fiduciary Law demonstrates that popular characterizations of the relationship between contract and fiduciary law are overly simplistic. By considering how contract and fiduciary law interact, and not just how they differ, the contributors to this volume offer new insights into a range of topics, including: status relationships, voluntary undertakings, duties of loyalty, equity, employment law, tort law, the law of remedies, political theory, and the theory of the firm.

Philosophical Foundations of Fiduciary Law

Andrew S. Gold,Paul B. Miller
Philosophical Foundations of Fiduciary Law Book PDF

Author : Andrew S. Gold,Paul B. Miller
Publisher : Philosophical Foundations of L
Page : 449 pages
File Size : 51,6 Mb
Release : 2014
Category : Law
ISBN : 9780198701729

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Philosophical Foundations of Fiduciary Law by Andrew S. Gold,Paul B. Miller Pdf

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. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.