duties properly are classified as ‘fiduciary’ duties. Here I address the compound duty claim …

This article is the first to demonstrate the important role that fiduciary principles, and the attorneys who adopted ….S. commerce during the nineteenth century, and that (2) their profession’s devotion to fiduciary principles, enabled them to play … this crucial role as intermediaries. We argue that principles of fiduciary law, disseminated by lawyers, helped to solve …

This Article advances the retirement reform debate by looking more closely at the fiduciary relationship that exists …, it evaluates what the fiduciary relation means, or should mean, in the changing legal environment of public retirement … systems. The main objective is to raise issues involving fiduciary law and public pensions that have been undervalued or …

This essay highlights and pays tribute to Justice Thomas Cromwell’s contributions to Canadian fiduciary jurisprudence … of points of uncertainty in the Court’s earlier fiduciary jurisprudence. Justice Cromwell has left the Court with a much …-improved conception of the nature of fiduciary relationships and, in turn, a principled method for defining the scope of fiduciary …

Although there are exceptions, fiduciary theory has paid limited attention to interpretive methodology. Yet methodology … matters, and the distinctive features of fiduciary law offer insights for interpreting private law more generally. Private law … transparency. I will suggest that fiduciary law has important implications for two of these criteria in particular: the coherence …

Trustees and other fiduciaries manage, invest, and distribute trillions of dollars in assets, subject to fiduciary … duties. But the remedies for fiduciary breach, and their justifications, are convoluted. The conventional view, especially in … law and economics, is to characterize most fiduciary relationships, including trusts, as contractual and most fiduciary …

This chapter examines theoretical and practical issues relating to fiduciary administration in social enterprise. It … argues that social enterprise often calls for fiduciary administration on a hybrid model, combining elements of service … will show that, contrary to common opinion, the fiduciary hybridity found in social enterprise is neither unique nor …

relationship that characterizes the attorney/client/fiduciary relationship may warrant more, rather than less, intervention. These … monitoring problems and the underlying issues of conflict of interest are particularly acute when the lawyer acting as fiduciary … drafted the instrument in which he or she was named. Traditional rules of fiduciary and agency law inform the attorney …

The role of fiduciary law in the development of North American capitalism has been overlooked by institutional … economists, who interpret fiduciary law as a form of contract and make the judicial enforcement of contract central to the … transaction-cost theory of economic development. This article argues that the emergence of distinctive, equity-based fiduciary …

This essay discusses the concept of loyalty in fiduciary law. It contrasts fiduciary loyalty with moral conceptions of … loyalty, and argues that the distinctiveness of fiduciary loyalty is best appreciated in light of characteristic features of … fiduciary relationships. The essay establishes the distinctiveness of fiduciary loyalty by examining: (a) the objects of loyalty …