Andrew S. Gold, Bruce W. Nichols Visiting Professor of Law, Harvard Law School; Professor of Law, DePaul University College of Law,Paul B. Miller, Associate Professor, McGill University Faculty of Law
Andrew S. Gold is Bruce W. Nichols Visiting Professor of Law at Harvard Law School and Professor of Law at DePaul University College of Law. His recent scholarship has focused on fiduciary theory, contract theory, civil recourse theory, and corrective justice. He has been a Visiting Scholar at Harvard Law School, and an HLA Hart Visiting Fellow at the University of Oxford. He is also a co-founder of the North American Workshop on Private Law Theory.
Paul B. Miller is Associate Professor at McGill University Faculty of Law. He is a philosopher of private law concentrating on fiduciary law, trusts, corporate law, and the law of unincorporated organizations. He formerly served as a law clerk to the Hon. Justice Ian Binnie of the Supreme Court of Canada and taught law at Queen's University. He is also a co-founder of the North American Workshop on Private Law Theory.
Introduction, Andrew S. Gold and Paul B. Miller Part I. Fiduciary Relationships 1. The Role of Status in the Law of Obligations: Lessons for Fiduciary Duties, The Hon. Justice James Edelman 2. Ascribing and Limiting Fiduciary Obligations: Understanding the Operation of Consent, Joshua Getzler 3. The Fiduciary Relationship, Paul B. Miller 4. Managing our Money: The Law of Financial Fiduciaries as a Private Law Institution, Hanoch Dagan and Sharon Hannes Part II. Fiduciary Duties 5. Fiduciary Loyalty as Kantian Virtue, Irit Samet 6. Can We Be Obliged to Be Selfless?, Lionel D. Smith 7. Is Loyalty a Virtue, and Even If It Is, Does it Really Help Explain Fiduciary Liability?, J.E. Penner 8. The Loyalties of Fiduciary Law, Andrew S. Gold Part III. Economic Theory: Constructive and Critical Perspectives 9. An Economic Theory of Fiduciary Law, Robert H. Sitkoff 10. Sharing Ex Ante and Ex Post: The Non-Contractual Basis of Fiduciary Relations, Daniel Markovits 11. Knowledge in Fiduciary Relations, Richard R.W. Brooks 12. How to Water Down Fiduciary Duties, Tamar Frankel 13. Why Fiduciary Law is Equitable, Henry Smith Part IV. Fiduciary Principles in Context: Private Law 14. Virtue and Utility: Fiduciary Law in Civil Law and Common Law Jurisdictions, Michele Graziadei 15. Constituency Directors and Corporate Fiduciary Duties, Martin Gelter and Genevieve Helleringer 16. The Fiduciary Character of Agency and the Interpretation of Instructions, Deborah A. DeMott 17. On Trust and Transubstantiation: Mitigating the Excesses of Ownership, Avihay Dorfman Part V. Fiduciary Principles in Context: Public Law 18. Fiduciary Authority and the Service Conception, Evan Fox-Decent 19. Mapping Public Fiduciary Relationships, Ethan J. Leib, David L. Ponet, and Michael Serota 20. A Sacred Trust of Civilization: Fiduciary Foundations of International Law, Evan J. Criddle
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