The Oxford Handbook of Fiduciary Law

Description

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 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 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:Fiduciary Principles in Surrogate Decision-Making, 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