Overview

The scholarship on fiduciary duties in business organizations is often pulled in two directions. While most observers would agree that business organizations are one of the key contexts for the application of the fiduciary obligation, corporate law theorists have often expressed disdain for the role of fiduciary duties, with the result that fiduciary law and theory have been out of step with the business world. This volume aims to rectify this situation by bringing together a range of scholars to analyze fiduciary relationships and the fiduciary obligation in the business context. Contributing authors examine fiduciary obligations in fields ranging from entity structure to bankruptcy to investment regulation. The volume demonstrates that fiduciary law can inform pressing corporate governance debates, including discussions over stakeholder models of the corporation that move beyond shareholder interests.

Full Product Details

Author:   Arthur B. Laby ,  Jacob Hale Russell
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 18.50cm , Height: 2.50cm , Length: 26.30cm
Weight:   0.890kg
ISBN:  

9781108485128

ISBN 10:   110848512
Pages:   400
Publication Date:   09 September 2021
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

Part I. Identifying Fiduciaries and Their Duties: 1. Fiduciary duties on the temporal edges of agency relationships Deborah A. DeMott; 2. Extra large partnerships Christine Hurt; 3. The three fiduciaries of Delaware corporate law—and Eisenberg's error Lyman Johnson; 4. Trust, discretion, and ERISA fiduciary status Arthur B. Laby; 5. Examining indenture trustee duties Steven L. Schwarcz; Part II. Gaps and Alternatives in Fiduciary Regimes: 6. Conflicts of interest in investment advice: an expanded view Quinn Curtis; 7. A system of fiduciary protections for mutual funds Howell E. Jackson; 8. Equitable duty: regulating corporate transactions in the vicinity of insolvency from a comparative perspective Edward J. Janger; 9. Equity, majoritarian governance, and the oppression remedy Paul B. Miller; 10. Fiduciary relationships in employee benefit plans Dana M. Muir; Part III. Historical and Comparative Perspectives: 11. Delaware corporate law and the 'end of history' in creditor protection Jared A. Ellias and Robert J. Stark; 12. The independent director in Delaware and German corporate law Christoph Kumpan; 13. For whom are non-profit managers trustees? The contractual revolution in charity governance Jacob Hale Russell; 14. Fiduciary law and Japanese nonprofits: a historical and comparative synthesis Masayuki Tamaruya; Part IV. Stakeholders and Society: 15. Corporations, directors' duties and the public/private divide Jennifer G. Hill; 16. Stakeholder impartiality: a new classic approach for the objectives of the corporation Amir N. Licht; 17. Shareholder primacy in benefit corporations Julian Velasco; 18. Self-interested fiduciaries and invulnerable beneficiaries: when fiduciary duties don't fit Kelli Alces Williams; Index.

Reviews

'Encyclopedic, authoritative, and up-to-date, this work immediately establishes itself as the gold standard resource for anyone interested in fiduciary law as applied to all forms of business relationships. Start here, and you might not have to look anywhere else.' Joseph A. Grundfest, The William A. Franke Professor of Law and Business at Stanford Law School and former Commissioner, Securities and Exchange Commission 'The collection illuminates the central role fiduciary duties play in the business context. It presents thoughtful and diverse perspectives on critical problems in governance, such as addressing short-termism, balancing the interests of shareholders and other stakeholders, and minimizing corporate scandals. The book should be read by lawyers, judges, regulators, and businesspeople alike.' Vice Chancellor J. Travis Laster, Delaware Court of Chancery

Author Information

Arthur B. Laby is Professor of Law at Rutgers Law School and Co-Director of the Rutgers Center for Corporate Law and Governance. Jacob Hale Russell is Associate Professor of Law at Rutgers Law School.

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