Author : Paul B. Miller
Publisher : Cambridge University Press
Page : 357 pages
File Size : 34,86 MB
Release : 2020-04-02
Category : Law
ISBN : 110848042X
Explores the interactions of fiduciary law and personal and political trust in private, public and international law.
Author : Evan J. Criddle
Publisher : Oxford University Press
Page : 1028 pages
File Size : 45,51 MB
Release : 2019-04-29
Category : Law
ISBN : 0190634111
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.
Author : Ken Coghill
Publisher : Ashgate Publishing, Ltd.
Page : 310 pages
File Size : 14,55 MB
Release : 2013-02-28
Category : Law
ISBN : 1409497887
This book explores the application of concepts of fiduciary duty or public trust in responding to the policy and governance challenges posed by policy problems that extend over multiple terms of government or even, as in the case of climate change, human generations. The volume brings together a range of perspectives including leading international thinkers on questions of fiduciary duty and public trust, Australia's most prominent judicial advocate for the application of fiduciary duty, top law scholars from several major universities, expert commentary from an influential climate policy think-tank and the views of long-serving highly respected past and present parliamentarians. The book presents a detailed examination of the nature and extent of fiduciary duty, looking at the example of Australia and having regard to developments in comparable jurisdictions. It identifies principles that could improve the accountability of political actors for their responses to major problems that may extend over multiple electoral cycles.
Author : Benjamin J. Richardson
Publisher : Routledge
Page : 347 pages
File Size : 33,57 MB
Release : 2013-08-21
Category : Law
ISBN : 1135941068
This book is about fiduciary law’s influence on the financial economy’s environmental performance, focusing on how the law affects responsible investing and considering possible legal reforms to shift financial markets closer towards sustainability. Fiduciary law governs how trustees, fund managers or other custodians administer the investment portfolios owned by beneficiaries. Written for a diverse audience, not just legal scholars, the book examines in a multi-jurisdictional context an array of philosophical, institutional and economic issues that have shaped the movement for responsible investing and its legal framework. Fiduciary law has acquired greater influence in the financial economy in tandem with the extraordinary recent growth of institutional funds such as pension plans and insurance company portfolios. While the fiduciary prejudice against responsible investing has somewhat waned in recent years, owing mainly to reinterpretations of fiduciary and trust law, significant barriers remain. This book advances the notion of ‘nature’s trust’ to metaphorically signal how fiduciary responsibility should accommodate society’s dependence on long-term environmental well-being. Financial institutions, managing vast investment portfolios on behalf of millions of beneficiaries, should manage those investments with regard to the broader social interest in sustaining ecological health. Even for their own financial self-interest, investors over the long-term should benefit from maintaining nature’s capital. We should expect everyone to act in nature’s trust, from individual funds to market regulators. The ancient public trust doctrine could be refashioned for stimulating this change, and sovereign wealth funds should take the lead in pioneering best practices for environmentally responsible investing.
Author : Tamar Frankel
Publisher :
Page : 334 pages
File Size : 35,45 MB
Release : 2011
Category : Law
ISBN : 019539156X
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Author : Evan J. Criddle
Publisher : Cambridge University Press
Page : 677 pages
File Size : 32,32 MB
Release : 2018-11-15
Category : Law
ISBN : 1108680011
The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.
Author : Robert Whitman
Publisher : Ali-aba
Page : 428 pages
File Size : 39,7 MB
Release : 2002
Category : Law
ISBN : 9780831814137
Advice for lawyers who handle probate of estates and administer trusts.
Author : Kevin Urbatsch
Publisher : iUniverse
Page : 434 pages
File Size : 36,42 MB
Release : 2011-12
Category : Law
ISBN : 146206051X
In Administering the California Special Needs Trust, author Kevin Urbatsch presents a guide for anyone assigned the duty of managing a Special Needs Trust for a person with a disability. Though geared toward those who never have administered a trust, it also provides sophisticated answers for experienced trustees concerning some of the unique responsibilities a trustee of a special needs trust will encounter. Urbatsch, a California attorney who has years of experience in assisting trustees to manage special needs trusts, has written extensively for both attorneys and families on how best to establish a special needs trust. Administering the Special Needs Trust addresses specific California issues that a special needs trust trustee encounters daily. In a question-and-answer format, it addresses how to - avoid the most common mistakes made by SNT trustees; - understand the type of public benefits available for California persons with disabilities; - learn how SNT disbursements will affect these public benefits; - best pay for a person with a disability's housing, caregiver costs, transportation, and related expenses; - handle SNT investments, accountings, and taxes; - terminate the SNT. With checklists, form documents, and law summaries included, Administering the Special Needs Trust contains a wide range of information for those charged with the responsibility of managing a special needs trust for people with disabilities.
Author : Vickie Schumacher
Publisher : Schumacher Publishing
Page : 230 pages
File Size : 12,60 MB
Release : 1990
Category : Law
ISBN :
Written in clear, conversational English, this book can help anyone understand how a living trust avoids the complications, expenses, and delays of probate at times of incapacity and death.
Author : Hartley Goldstone
Publisher : John Wiley & Sons
Page : 324 pages
File Size : 28,34 MB
Release : 2015-10-05
Category : Business & Economics
ISBN : 1119118263
An insightful and practical guide to family trusts Family Trusts is a step-by-step guide for anyone involved in family trusts: trust creators, trustees, beneficiaries, and advisors. It will help families create and administer a culture that recognizes trusts as a gift of love. Marrying the practical and emotional aspects of family wealth, this book provides a hands-on primer that focuses on fostering positive relationships, and structuring the trust appropriately for the situation and the people involved. It tackles difficult topics with frank and honest discussion, from the first beneficiary meeting to working with addictions, and more. Written by a team of experts in family wealth, this information is becoming increasingly crucial to the successful execution of a trust; you'll learn what type of person makes the best trustee, how to be an excellent beneficiary, and the technical aspects that help you build a better trust from the very beginning. There's been a staggering increase in trustee/beneficiary litigation and hostility, but that doesn't mean it's inevitable. Plenty of trusts are running smoothly, with positive experiences on all sides. This book shows you how to set up your trust to succeed from the start, with step-by-step guidance and expert insight. Express clear and thoughtful intent for the trust Create a healthy and supportive culture Select the right trustee, trust protector, and trust advisor Take the time to prepare before initially meeting the beneficiary Conduct a productive first meeting to set a tone for the relationship Historically, there has been little consideration given to the culture of trusts, and this oversight may be a key driver of the behavior that's becoming more prevalent. Family Trusts explores the nature of these relationships, and shows you how to build a trust that retains the nature and spirit with which it was intended.
