The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles.
Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology.
Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
Edited by:
Evan J. Criddle (Professor Professor William & Mary Law School),
Paul B. Miller (Professor,
Professor,
Notre Dame Law School),
Robert H. Sitkoff (Professor,
Professor,
Harvard Law School)
Imprint: Oxford University Press Inc
Country of Publication: United States
Dimensions:
Height: 249mm,
Width: 183mm,
Spine: 61mm
Weight: 1.882kg
ISBN: 9780190634100
ISBN 10: 0190634103
Series: Oxford Handbooks
Pages: 1032
Publication Date: 10 June 2019
Audience:
Professional and scholarly
,
College/higher education
,
Undergraduate
,
Further / Higher Education
Format: Hardback
Publisher's Status: Active
About the Editors Contributors Acknowledgements Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff: Introduction Part I. The Doctrinal Canon 1: Daniel B. Kelly: Fiduciary Principles in Fact-Based Fiduciary Relationships 2: Deborah A. DeMott: Fiduciary Principles in Agency Law 3: Robert H. Sitkoff: Fiduciary Principles in Trust Law 4: Julian Velasco: Fiduciary Principles in Corporate Law 5: Mohsen Manesh: Fiduciary Principles in Unincorporated Entity Law 6: Lloyd Hitoshi Mayer: Fiduciary Principles in Charities and Other Nonprofits 7: Andrew F. Tuch: Fiduciary Principles in Banking 8: Arthur B. Laby: Fiduciary Principles in Investment Advice 9: Dana M. Muir: Fiduciary Principles in Pension Law 10: Aditi Bagchi: Fiduciary Principles in Employment Law 11: John A.E. Pottow: Fiduciary Principles in Bankruptcy and Insolvency 12: Elizabeth S. Scott and Ben Chen: Fiduciary Principles in Family Law 13: Nina A. Kohn: Fiduciary Principles in Surrogate Decision-Making 14: Richard W. Painter: Fiduciary Principles in Legal Representation 15: Mark A. Hall: Fiduciary Principles in Health Care 16: Ethan J. Leib and Stephen R. Galoob: Fiduciary Principles and Public Offices 17: D. Theodore Rave: Fiduciary Principles and the State 18: Evan J. Criddle: Fiduciary Principles in International Law Part II. A Conceptual Synthesis of Fiduciary Law 19: Paul B. Miller: The Identification of Fiduciary Relationships 20: Andrew S. Gold: The Fiduciary Duty of Loyalty 21: John C. P. Goldberg: The Fiduciary Duty of Care 22: Robert H. Sitkoff: Other Fiduciary Duties: Implementing Loyalty and Care 23: Daniel Clarry: Mandatory and Default Rules in Fiduciary Law 24: Samuel L. Bray: Fiduciary Remedies Part III. Fiduciary Law across History and Legal Systems 25: Joshua Getzler: Fiduciary Principles in English Common Law 26: Richard H. Helmholz: Fiduciary Principles in the Canon Law 27: David Johnston: Fiduciary Principles in Roman Law 28: Mohammad Fadel: Fiduciary Principles in Classical Islamic Law Systems 29: Chaim N. Saiman: Fiduciary Principles in Classical Jewish Law 30: Matthew Conaglen: Fiduciary Principles in Contemporary Common Law Systems 31: Martin Gelter and Geneviève Heelleringer: Fiduciary Principles in European Civil Law Systems 32: Nicholas C. Howson: Fiduciary Principles in Chinese Law 33: Vikramaditya S. Khanna: Fiduciary Principles in Indian Law 34: J. Mark Ramseyer and Masayuki Tamaruya: Fiduciary Principles in Japanese Law Part IV. The Future of Fiduciary Law and Theory 35: Richard R.W. Brooks: The Economics of Fiduciary Law 36: Charlie Webb: The Philosophy of Fiduciary Law 37: Tess Wilkinson-Ryan: Fiduciary Law and Psychology 38: Jonathan Klick and Max M. Schanzenbach: Empirical Analysis of Fiduciary Law 39: Henry E. Smith: Fiduciary Law and Equity 40: Hillary A. Sale: Fiduciary Law, Good Faith, and Publicness 41: James E. Penner: Fiduciary Law and Moral Norms 42: Matthew Harding: Fiduciary Law and Social Norms 43: Sung Hui Kim: Fiduciary Law and Corruption 44: Hanoch Dagan: Fiduciary Law and Pluralism 45: Howell E. Jackson and Talia B. Gillis: Fiduciary Law and Financial Regulation 46: Lawrence A. Hamermesh and Leo E. Strine, Jr.: Delaware Corporate Fiduciary Law: Searching for the Optimal Balance 47: Paul B. Miller: New Frontiers in Private Fiduciary Law 48: Evan Fox-Decent: New Frontiers in Public Fiduciary Law Index
Evan J. Criddle is a Professor at William & Mary Law School. His books include Fiduciaries of Humanity: How International Law Constitutes Authority (2016) (with Evan Fox-Decent), and Fiduciary Government (2018) (co-edited with Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim, and Paul B. Miller). He has published articles on fiduciary law in leading academic journals, such as the Cornell Law Review, Northwestern University Law Review, Texas Law Review, and UCLA Law Review. Paul B. Miller is Professor, Associate Dean for International and Graduate Programs, and Director of the Notre Dame Program on Private Law at Notre Dame Law School. He is also a member of the Global Faculty at Peking University Law School. He previously held a permanent appointment at McGill University and has had visiting appointments at the University of Melbourne and Tel Aviv University. His books include Philosophical Foundations of Fiduciary Law (2014) and Contract, Status, and Fiduciary Law (both edited with Andrew S. Gold) as well as Fiduciary Government (2018) (co-edited with Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, and Sung Hui Kim). Robert H. Sitkoff is the John L. Gray Professor of Law at Harvard Law School. His work, which focuses on economic and empirical analysis of trusts, estates, and fiduciary law, has been published in leading scholarly journals such as the Yale Law Journal, the Stanford Law Review, and the Journal of Law and Economics. He is the surviving coauthor of Wills, Trusts, and Estates (10th ed. 2017), the most popular American coursebook on trusts and estates. He serves by gubernatorial appointment as a Uniform Law Commissioner from Massachusetts, and he serves as a member of the Council (the Board of Directors) of the American Law Institute.
Reviews for The Oxford Handbook of Fiduciary Law
The Handbook's forty-eight articles cover an amazingly broad range of topics. ... there can scarcely be a lawyer or legal scholar anywhere who wouldnt benefit by acquiring it. * Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chamber *
