fiduciary obligation to the polity and to the American people. In addition, I suggest that firms have an obligation not to …

Commonwealth that considered the fiduciary duties owed by the Commonwealth to the aboriginal claimants. The broader factual basis … relevant duties stemming from the Crown's general fiduciary relationship with the aboriginal peoples that arose out of …

A significant implication arising out of an increasingly influential view that fiduciary duties are terms expressed or … implied into voluntary undertakings is that all express or implied fiduciary duties can be excluded. This article critiques … through an analysis of the circumstances in which directors' fiduciary duties have been contracted out under English law …

”) towards universal access to health insurance requires us to focus on the fiduciary relationships between large organizations … of a direct, personal relationship. In this Article, I introduce the concept of the collective fiduciary in response to … have focused on the individual whose fortunes or health are controlled by a fiduciary, this has made it difficult to …

fiduciary duties to equity holders, not creditors. We examine whether this slant in fiduciary duties affects the likelihood that … for the benefit of equity holders. We find that a Delaware court ruling that imposed fiduciary duties toward creditors led … lowers the probability that firms will avoid covenants' violation only when directors owe a legal fiduciary duty to creditors …

This chapter explores the extent of contractual freedom to opt out of fiduciary duties and liabilities in U.S. and U … (particularly in Delaware). One cannot comprehensively declare that U.S. law universally deviates further from the "fiduciary …

advisers, robo-advisors are deemed to be “fiduciaries” that owe a fiduciary duty of loyalty to their customers and can be … liable for breach of fiduciary duty. But that is only half of the equation. Merely labeling robo-advisors as “fiduciaries …” does not signify what fiduciary standard of care they are subject to, which should be of most interest to investors and …

are subject to a strict fiduciary standard to act in their clients' best interest while brokers are subject to a less … fiduciary duty on brokers that give advice. This Article is about whether the SEC should exercise its authority. After … explaining the historical context regarding the debate over a fiduciary standard, the Article critiques common arguments for a …

's moral philosophy and this article is an attempt to apply one aspect of Kant's philosophy to the topic of fiduciary … obligation. Law and economics scholars have argued that fiduciary duties can be explained best through the lens of contract …. Courts, however, persist in referring to fiduciary duties as moral duties and insist that a fiduciary has an ethical duty …

Investment managers owe fiduciary duties to clients, including the duty of loyalty and the duty of care. A persistent … much of investment management regulation is a response by regulators to the uncertainty inherent in the fiduciary …, are attempting to specify what precisely is required of investment managers in the context of exercising their fiduciary …