Bankruptcy Code's exceptions to discharge. One exception involves a debt for defalcation while acting in a fiduciary capacity. In … based on the Model Penal Code's definition of recklessly. The meaning of the term "fiduciary capacity" is not clear … fiduciary capacity in the bankruptcy setting. The most recent opinion on that term was issued in 1934 and provided limited …

This chapter in the forthcoming Oxford Handbook of Fiduciary Law charts new frontiers of scholarly inquiry in fiduciary … law. The chapter first orients the reader by taking stock of the current state of play in fiduciary law scholarship. The … questions of interest to private law theorists and scholars interested in exploring the significance of fiduciary principles …

This chapter offers an overview and analysis of fiduciary remedies. The remedies considered are accounting for profits … unsettled questions: whether the remedial aims of fiduciary law are distinct from other fields, how to think about fiduciary … remedies in light of the law/equity distinction, and the legitimacy of punishment in fiduciary remedies …

Fiduciary duties of care are at once familiar and strange. They partake of many of the characteristics of duties of … care in other domains of private law, particularly tort law. But they also bear the distinctive marks of the fiduciary … context. This chapter identifies two ways in which fiduciary duties of care tend to be distinct from tort duties of care …

fiduciaries to employees, but as yet, employers owe neither fiduciary duties nor any lesser duty of loyalty to employees. Only … employer-related entities such as pension funds and employee stock option programs owe fiduciary duties to employees under the … Employee Retirement Income Security Act (“ERISA”). The doctrinal status and conceptual basis for the fiduciary duties of …

In this chapter, we identify a fundamental contradiction in the law of fiduciary duty of corporate directors across …

Using a Delaware case law that recognized officers' distinct fiduciary duties (OFDs) for the first time in 2009, I …

Fiduciary obligation, und ... …