The Oxford Handbook of Fiduciary Law

ISBN : 9780190634100

Evan J. Criddle; Paul B. Miller; Robert H. Sitkoff
1032 ページ
171 x 248 mm
Oxford Handbooks

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.


About the Editors
Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff: Introduction
Part I. The Doctrinal Canon
1 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: Elizabeth S. Scott and Ben Chen
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 GeneviAOve Helleringer: 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 Fiduciary Law and Psychology: 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


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.