Fiduciary remedies are notoriously potent. Fiduciaries who profit from their disloyalty are liable to be ordered to disgorge all of their gains. It is widely understood that disgorgement deters disloyalty by threatening removal of gains, the prospect of which might incentivize wrongdoing....

Fiduciary loyalty is usually understood as implying an exclusive claim held by the beneficiary over the exercise of fiduciary power by a fiduciary. The beneficiary is said to have a right that the fiduciary exercise fiduciary power exclusively in her interest. The fiduciary is said to be subject...

The fiduciary relationship is one of the most fundamental legal relationships, and its importance for both public and private law is increasingly recognized. Fiduciary mandates typically involve one person – the fiduciary – administering the affairs or property of other persons – an...

The idea of fiduciary government is venerable. However, it has also been developed in new and sometimes provocative ways by contemporary theorists. Partly as a result, the idea is facing fresh criticism. Critics allege that government (in general, or in respect of particular governmental...

This chapter in the forthcoming Oxford Handbook of Fiduciary Law charts new frontiers of scholarly inquiry in fiduciary law. The chapter first orients the reader by taking stock of the current state of play in fiduciary law scholarship. The chapter then identifies a range of important questions...

Fiduciary law is rife with references to fiduciary relationships. Most notably, the attribution of fiduciary duties turns on the existence of a "fiduciary relationship." But does private law admit of such a construct, and if it does, is the fiduciary relationship distinctive relative to other...

Much of fiduciary law is built upon status-based characterization of fiduciary relationships. Thus most fiduciary relationships – indeed, all relationships that we think of as being inherently fiduciary – are so designated as a type or kind of relationship to which fiduciary status attaches...

In recent years, the fiduciary theory of the state has been offered as an alternative to theories rooted in the social contract tradition. The fiduciary model provides an evocative basis for rethinking the nature and limits of state authority. It also promises to account for the obligations of...

This Introduction to Philosophical Foundations of Fiduciary Law (Andrew S. Gold & Paul B. Miller eds., Oxford: Oxford University Press, 2014) outlines core questions of fiduciary law theory and provides thematic discussion of the contributions to the volume. The volume includes chapters by...

This essay highlights and pays tribute to Justice Thomas Cromwell’s contributions to Canadian fiduciary jurisprudence on the occasion of his retirement from the Supreme Court of Canada. The essay situates these contributions in the context of points of uncertainty in the Court’s earlier...