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Academics, lawyers, and judges regularly grapple with difficult questions regarding fiduciary duties in business and how they differ across a range of firms. This volume assembles diverse but complementary perspectives from leading scholars on doctrinal, historical, and policy issues in fiduciary obligations and corporate governance.
List of contents
Part I. Identifying Fiduciaries and Their Duties: 1. Fiduciary duties on the temporal edges of agency relationships Deborah A. DeMott; 2. Extra large partnerships Christine Hurt; 3. The three fiduciaries of Delaware corporate law¿and Eisenberg's error Lyman Johnson; 4. Trust, discretion, and ERISA fiduciary status Arthur B. Laby; 5. Examining indenture trustee duties Steven L. Schwarcz; Part II. Gaps and Alternatives in Fiduciary Regimes: 6. Conflicts of interest in investment advice: an expanded view Quinn Curtis; 7. A system of fiduciary protections for mutual funds Howell E. Jackson; 8. Equitable duty: regulating corporate transactions in the vicinity of insolvency from a comparative perspective Edward J. Janger; 9. Equity, majoritarian governance, and the oppression remedy Paul B. Miller; 10. Fiduciary relationships in employee benefit plans Dana M. Muir; Part III. Historical and Comparative Perspectives: 11. Delaware corporate law and the 'end of history' in creditor protection Jared A. Ellias and Robert J. Stark; 12. The independent director in Delaware and German corporate law Christoph Kumpan; 13. For whom are non-profit managers trustees? The contractual revolution in charity governance Jacob Hale Russell; 14. Fiduciary law and Japanese nonprofits: a historical and comparative synthesis Masayuki Tamaruya; Part IV. Stakeholders and Society: 15. Corporations, directors' duties and the public/private divide Jennifer G. Hill; 16. Stakeholder impartiality: a new classic approach for the objectives of the corporation Amir N. Licht; 17. Shareholder primacy in benefit corporations Julian Velasco; 18. Self-interested fiduciaries and invulnerable beneficiaries: when fiduciary duties don't fit Kelli Alces Williams; Index.
About the author
Arthur B. Laby is Professor of Law at Rutgers Law School and Co-Director of the Rutgers Center for Corporate Law and Governance.Jacob Hale Russell is Associate Professor of Law at Rutgers Law School.
Summary
Academics, lawyers, and judges regularly grapple with difficult questions regarding fiduciary duties in business and how they differ across a range of firms. This volume assembles diverse but complementary perspectives from leading scholars on doctrinal, historical, and policy issues in fiduciary obligations and corporate governance.
Foreword
Leading scholars analyze key issues in fiduciary duties in business―one of the most salient applications of fiduciary law and theory.
