"The chapters in this book were the subject of a two-day workshop held at Rutgers Law School in Camden, N.J. in October 2019"--ECIP asknowledgements." Includes bibliographical references and index.
Contents:
Introduction. Jacob Hale Russell & Arthur B. Laby, the decline and rise of fiduciary obligations in business -- Deborah A. DeMott, Fiduciary duties on the temporal edges of agency relationships -- Christine Hurt, Extra large partnerships -- Lyman Johnson, The three fiduciaries of Delaware corporate law-and Eisenberg's Error -- Arthur B. Laby, Trust, discretion, and ERISA fiduciary status -- Steven L. Schwarcz, Examining indenture trustee duties -- Quinn Curtis, Conflicts of interest in investment advice : an expanded view -- Howell E. Jackson, A system of fiduciary protections for mutual funds -- Edward J. Janger, Equitable duty : regulating corporate transactions in the vicinity of insolvency from a comparative perspective -- Paul B. Miller, Equity, majoritarian governance, and the oppression remedy -- Dana M. Muir, Fiduciary relationships in employee benefit plans -- Jared A. Ellias & Robert J. Stark, Delaware corporate law and the "end of history" in creditor protection -- Christoph Kumpan, The independent director in Delaware and German Corporate Law -- Jacob Hale Russell, For whom are non-profit managers trustees? The contractual revolution in charity governance -- Masayuki Tamaruya, Fiduciary law and Japanese nonprofits : a historical and comparative synthesis -- Jennifer G. Hill, Corporations, directors' duties and the public/private divide -- Amir N. Licht, Stakeholder impartiality : a new classic approach for the objectives of the corporation -- Julian Velasco, Shareholder primacy in benefit corporations -- Kelli Alces Williams, Self-interested fiduciaries and invulnerable beneficiaries : when fiduciary duties don't fit.
Summary:
"Recent years have seen a surge of scholarly interest in the fiduciary relationship. The collapse of Enron in 2001 and WorldCom and 2002 led to an explosion of scholarship on corporate law,1 including scrutiny of the role fiduciary duties might play to enhance governance. The Sarbanes- Oxley Act of 2002 appeared to adopt some underlying logic from fiduciary law, particularly in its emphasis on the personal responsibility of senior corporate officers to certify their firms' financial statements. The 2008 financial crisis further trained the focus of scholars, regulators, lawyers, and courts on the failures of intermediaries, gatekeepers, and others who arguably breached their duties. New fiduciary rules have been proposed and implemented to govern investment intermediaries"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.