Fiduciary Obligations in Business

ISBN-13: 9781009387095 / Miękka / 2023 / 373 str.

Opis

Leading scholars analyze key issues in fiduciary duties in business―one of the most salient applications of fiduciary law and theory.

Recenzje

'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

Spis treści

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.