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state corporate fiduciary principles. The challenge is not so much one of ensuring that fiduciary principles govern the …
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The ad hoc institutional configurations that facilitated the resolution of sovereign insolvency for over thirty years are fragmenting. In the absence of an acceptable alternative, the recent pari passu decision reveals the dangers of common law courts pressured to enforce contracts and paper...
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. Organizational law supplies a set of contractarian rules, some of a fiduciary character, that provide for the governance of the …
Persistent link: https://www.econbiz.de/10013092115
This chapter offers an overview and analysis of fiduciary remedies. The remedies considered are accounting for profits … unsettled questions: whether the remedial aims of fiduciary law are distinct from other fields, how to think about fiduciary … remedies in light of the law/equity distinction, and the legitimacy of punishment in fiduciary remedies …
Persistent link: https://www.econbiz.de/10012918248
This article models the duty of care as a response to moral hazard where the principal seeks to induce effort that is costly to the agent and unobservable by the principal. The duty of loyalty, by contrast, is modeled as a response to adverse selection where the principal seeks truthful...
Persistent link: https://www.econbiz.de/10012826512
. This piece expands upon the argument made in Gregory H. Shill, The Golden Leash and the Fiduciary Duty of Loyalty, 54 UCLA …
Persistent link: https://www.econbiz.de/10012891411
ownership claims that the reported effects, if true, would imply that corporate executives violate their fiduciary duty: whereas … — so the claim. Similarly, mutual fund managers with heterogenous portfolios would violate their fiduciary duty to act in ….These results establish that even if a violation of fiduciary duty could be formally established in a legal sense when firm managers …
Persistent link: https://www.econbiz.de/10012911211