...This chapter examines the fiduciary principles governing surrogate decision-making. Surrogate decision-making relationships arise when one person is appointed to make decisions for another, and are often used to make decisions for individuals with acute medical conditions or cognitive disabilities...

...This chapter focuses on fiduciary principles at work in classical Jewish law. Using modern (Western) legal concepts, it places disparate halakhic rules into a rubric not found in classical Jewish legal sources. The discussion proceeds by examining the origins of fiduciary concepts in the Mishnah...

...This chapter examines the treatment of fiduciary law in the field of law and economics. It begins with a typology of three theoretical tracts that accounts for loyalty in economics: the first tract takes a structural approach to questions of loyalty and disloyalty based on models occupied...

... the question: ‘What are the new risks and rewards in pensions, and what paths can stakeholders chose to solve these problems?’ In doing so, it explores three aspects of the evolution of risk and reward-sharing in retirement in order to offer guidance to pension fiduciaries, plan participants, and policymakers...

...0 18 09 1997 Fiduciaries breach their trust with unfortunate regularity. When this hap pens, equity provides a range of legal responses. Moreover, recourse may be available not only against the fiduciary himself, but against those who assisted him. On the other hand, losses are often incurred...

...0 10 11 2005 The past three decades can be summarized as follows. We reduced the power of morality in the law. We have emasculated the regulation of trusted persons—fiduciaries. We have weakened the laws that govern fiduciaries’ honesty, allowed them more freedom, and called the relaxing rules...

...0 10 11 2005 During the past 25 years, the professions, such as physicians and the lawyers, have undergone a shift. They have become less professional and more like businesses. The impact of this change has been felt in the 1990s. professions distinction Fiduciaries professionals viewed...

..., it traces provisions relating to trustees’ fiduciary responsibilities to beneficiaries, primarily relating to decisions about investments. As this chapter celebrates the positive impact of the Restatements of Trusts on the development of trust law, the chapter also provides suggestions for a Restatement...

... that can inform effective climate governance. It offers advice on how to get started. It raises the notion of having climate competent directors and pension fiduciaries. Such fiduciaries may rely on engaging asset managers and engagement service firms, but they cannot delegate their fiduciary obligations...

... Melbourne Law School. I am grateful to Michael Bryan, Evan Fox-Decent, Rosemary Langford, Paul Miller, Jeannie Paterson, and Andrew Robertson for discussions and comments on this paper. The aim of this chapter is to develop a theoretical account of fiduciary undertakings. The chapter begins...

... Reader in Private Law, King’s College, London. I am grateful to participants in the UNSW Private Law Reading Group and in the UCL–Yale workshop on ‘Fiduciary Law and Contract Law: One or Two Things?’ and, in particular, to Andrew Gold for their helpful comments. All the remaining mistakes are mine...

...This chapter examines the law governing the availability of claims to traceable proceeds. It argues that the language used in the case law—which uses the terminology of property rights and of fiduciary relationships—cannot fully explain the law, since such claims are often available in the absence...

... the ability of a principal to consent to agent conduct that would otherwise be considered as a breach of the agent’s fiduciary duties. In examining issues of conflict of interests, contractual obligation, and the scope of fiduciary duties, the chapter uses the case of art auctions as an illuminating example...

...—that health care professionals have to the public to promote public health, and more narrowly, to foster equitable access to medical care. The author argues that this duty is a type of fiduciary duty, although a different type than the one health care professionals have in their relationships with current...

... nurses, on grounds of conscience, to participate in [these] abortions (Cannold 1994, 80). 8 Introduction certain kind of health care professional, particularly a physician, all of them have power as fiduciaries for their patients and for the public they serve: power in the form of discretionary...

...0 28 04 2025 This chapter principally addresses fiduciary duties in unincorporated business enterprises, including partnerships and limited liability companies (LLCs). To some extent, these duties in the corporate law setting, primarily from a historical perspective, also are examined...

...0 28 04 2025 This chapter focuses on derivative litigation, positing that the statutory and judicial standards that apply in this setting lack fiduciary substance. As a generality, much of the litigation that ensues as a consequence of alleged director and officer misconduct must be brought...

..., the presence of the business judgment rule in many M&A transactions, with its gross negligence culpability standard, evidences the absence of fiduciary standards. Nonetheless, in certain other M&A situations, such as parent–subsidiary mergers, the standards that apply at times have fiduciary substance...

...0 28 04 2025 This chapter addresses concepts of fiduciary duty under the federal securities laws. Although the federal securities laws are premised principally on disclosure rather than substantive fairness, fiduciary duty concepts arise in several contexts. On numerous occasions, the US...

...1 Corporate Directors and Officers Are Discretionaries N ot Fiduciaries I. The Misnomer of Fiduciary Status The principal theme of this book is that corporate directors and officers are not in reality fiduciaries and that the use of this term should be abandoned. This is not to say...