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Author:   Tamar T Frankel (Professor of Law, Professor of Law, Boston University)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 23.60cm , Height: 2.80cm , Length: 16.30cm
Weight:   0.590kg
ISBN:  

9780195391565

ISBN 10:   019539156
Pages:   334
Publication Date:   03 February 2011
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction Chapter 1 The Nature of Fiduciary Relationships Introduction A. The Recurrent Elements of Fiduciary Relationships B. A Proposed Definition of Fiduciary Relationships C. Examples of Fiduciary Relationships and Their Boundaries D. How Do the Courts Recognize Fiduciary Relationships? E. The Dark Side of Fiduciary Relationships F. The Debate Chapter 2 Where Does Fiduciary Law Come From? Introduction A. The Laws of Hammurabi and Eshnunna B. The New Testament C. The Sharia Islamic Law D. Jewish Law E. Influence of Moral Themes and Religion F. Roman Law G. High Middle Ages H. Recent U.S. History I. The Debate Chapter 3 The Duties of Fiduciaries Introduction A. Fundamentals B. The Main Duties of Fiduciaries C. The Duty of Loyalty D. Duties Implementing the Duty of Loyalty E. The Fiduciaries' Service-Contracts and Compensation F. The Debates G. When Should Fiduciaries Consider Public Interest? H. The Duty of Care I. Serving Entrustors Whose Interests Conflict J. Fiduciaries' Rights and Protections from the Entrustors' Claims K. Fiduciary Duties in Legislation Chapter 4 Default Rules in Fiduciary Law A. Introduction B. The Process of Releasing Fiduciaries from Their Duties under Fiduciary Rules C. The Nature of Consent and Surrogate Consenters D. Default Rules and Contracts E. The Debate Chapter 5 Why View Fiduciary Law as a Separate Category? A. Introduction B. Categories Matter C. Should Fiduciary Law Be Viewed as a Category? D. The Debate Chapter 6 The Courts' Regulation of Fiduciaries, Remedies and Procedures Introduction A. Courts' Use of Judicial Discretion B. Remedies Providing Relief on Violations of Fiduciary Duties C. Equitable Remedies D. Punitive Damages E. Dissolution of a Corporation F. Criminal Sanctions G. Standing to Sue and Procedural Issues. Common Law and Equity H. Liability of the Transferee of Entrusted Property Who Knew of the Entrustment I. Resulting Trusts Chapter 7 The Role of Fiduciary Law in Facilitating Entrustment and Trust A. The Nature and Role of Trust B. The Barriers to Abuse of Trust and Dishonesty C. The Debate Epilogue

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Author Information

Tamar Frankel is a Professor of Law at Boston University. Professor Frankel holds law degrees from the Jerusalem Classes, and LL.M and S.J.D. from Harvard Law School. She is an expert in the areas of fiduciary law, mutual funds, securitization, and corporate governance. She authored The Regulation of Money Managers (2d ed. 2001) (with Ann Taylor Schwing), Fiduciary Law (a teaching book) (2008), Trust and Honesty in the Real World (2007) (with Mark Fagan), Trust and Honesty: America's Business Culture at a Crossroad (2006), Securitization (2d ed. 2006), and about 70 articles on related subjects. She was a visiting scholar at the Securities and Exchange Commission (1995-1997) and at the Brookings Institution (1987). Professor Frankel has taught and lectured in Japan, India, Malaysia, Oxford U.K. and Switzerland. A native of Israel, she served in the Israeli Air Force. She is a member of the Massachusetts Bar, a life member of the American Law Institute, and a member of the board of editors of Regulation and Governance.

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