The Oxford Handbook of Fiduciary Law

by Criddle, Evan J.; Miller, Paul B.; Sitkoff, Robert H.

• ISBN13: 9780190634100
• ISBN10: 0190634103
• Format: Hardcover
• Copyright: 2019-05-27
• Publisher: Oxford University Press

Summary

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.

Author Biography

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 of Law and Associate Dean for International and Graduate Programs as Notre Dame 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 (forthcoming 2018) (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 administration, 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.

Table of Contents

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 Entities Law
Mohsen Manesh
6. Fiduciary Principles in Charities and 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 Benjamin Chen
13. Fiduciary Principles in Surrogate Decisionmaking
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 Public 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 Bray

Part III. Fiduciary Law across History and Legal Systems
25. Fiduciary Principles in English Common Law
Joshua Getzler
26. Fiduciary Principles in Canon Law
Richard H. Helmholz
27. Fiduciary Principles in Roman Civil Law
David Johnston
28. Fiduciary Principles in Classical Islamic Law
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. The Psychology of Fiduciary Law
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. Fiduciary Law and Delaware
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