A familiar problem to scholars of fiduciary law is that of definition. Fiduciary law has been called “messy,” “elusive …,” and “unusually vexing.” In part, this is because fiduciary law principles appear in many areas of law, but are applied …

of fiduciary duty reflect the distinctive qualities of this form of investment in securities. The particular contours … that shape fiduciary duty reflect many factors, including the highly prescriptive regulatory context distinctively … applicable to mutual funds. To sharpen its depiction of the fiduciary distinctiveness of mutual funds, I draw contrasts with two …

Scholars, lawyers, judges, and parties to fiduciary relationships struggle to define when an arrangement constitutes a … fiduciary relationship and what fiduciary duties are. While many believe that fiduciary relationships have foundations in … fiduciary duties that give rise to liability are much more precise and predictably applied than broad moral proclamations about …

in 2016 with the Department of Labor's finalization of the fiduciary regulations governing what is “investment advice …, one of the areas to which ERISA lawyers began to gravitate in earnest in the late 1980s was the fiduciary practice. The … includes a survey of where the development of ERISA's fiduciary rules presently stands, and a brief discussion of the way in …

ownership claims that the reported effects, if true, would imply that corporate executives violate their fiduciary duty: whereas … — so the claim. Similarly, mutual fund managers with heterogenous portfolios would violate their fiduciary duty to act in ….These results establish that even if a violation of fiduciary duty could be formally established in a legal sense when firm managers …

The law that defines and regulates fiduciary relationships appears in many legal areas, such as family law, surrogate …. Fiduciary relationships, and the concepts on which they are grounded, appear not only in the law. They appear in other areas of … knowledge: economics, psychology; moral norms and pluralism. Fiduciary law has a very long history. It was recognized in Roman …

shaping the global evolution of the fiduciary norm and examining the doctrinal and conceptual implication that the …

-dealers are fiduciaries when they give such advice. The proposed “best interest” standard on its face is a fiduciary standard, and … brokers operating under it will be fiduciaries under widely recognized common law fiduciary principles. Yet, the Commission … has failed to acknowledge that the proposed “best interest” standard is a fiduciary standard. This paper argues that the …