Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...

This chapter in the forthcoming Oxford Handbook of Fiduciary Law provides synthetic analysis of the law on fiduciary relationships, focusing on the identification of fiduciary relationships and fiduciary relationship formation and termination. The chapter discusses status- and fact-based methods...

This essay highlights and pays tribute to Justice Thomas Cromwell’s contributions to Canadian fiduciary jurisprudence on the occasion of his retirement from the Supreme Court of Canada. The essay situates these contributions in the context of points of uncertainty in the Court’s earlier...

Economists who study the theory of the firm strive to draw a line between firms and markets. This line corresponds to the line lawyers draw between fiduciary and nonfiduciary relationships. The Critical Resource Theory (“CRT”) of fiduciary relationships is motivated by the property-rights...

Fiduciary remedies are notoriously potent. Fiduciaries who profit from their disloyalty are liable to be ordered to disgorge all of their gains. It is widely understood that disgorgement deters disloyalty by threatening removal of gains, the prospect of which might incentivize wrongdoing....

The idea of fiduciary government is venerable. However, it has also been developed in new and sometimes provocative ways by contemporary theorists. Partly as a result, the idea is facing fresh criticism. Critics allege that government (in general, or in respect of particular governmental...

Much of fiduciary law is built upon status-based characterization of fiduciary relationships. Thus most fiduciary relationships – indeed, all relationships that we think of as being inherently fiduciary – are so designated as a type or kind of relationship to which fiduciary status attaches...