This Article provides the first sustained account of advice-giving as a fiduciary activity, and it demonstrates that the dominant approach to defining fiduciary relationships is flawed. Leading academic commentators assert that fiduciary relationships only arise when one party has discretion...

This essay considers Social Impact Bonds not from the point of view of the Investor, or the Government, or the Service Population, but from the vantage point of nonprofit organization officers and directors who contemplate a SIB venture. From this perspective, not all the foreseeable perils have...

This article investigates the development of accountability and fiduciary loyalty as an institutional response to information asymmetries in agency relations, especially in firm-like settings. Lord Eldon articulated the crucial role of information asymmetries in opportunistic behaviour in early...

In the debate over contractual freedom or enabling-versus-mandatory rules in fiduciary law, those who do not adhere to an unbridled contractatian approach tend to justify fiduciary law's strict posture by appealing to transaction cost reasoning. In this view, fiduciary law more efficiently sets...

Spending by private health insurers exceeds $800 billion and is expected to rise. The Affordable Care Act provides $2 billion in subsidies to jump-start health insurers owned by their policyholders in an attempt to bring these costs under control. Firms with this corporate ownership structure...

This short article addresses recent attempts by liquidators to incorporate the costs of running the liquidation into proceedings against directors for breaches of directors' duties. Taking New Zealand's companies (corporations) legislation as its starting point, it considers recent New Zealand...

'Cash is king' and, presumably, will remain king for a long time to come. This is even more relevant since the financial crisis. Banks are now hesitant to provide credit lines to companies, whether national or cross-border. High interest rates are charged on debit amounts, but hardly any...

This short introduction to the book, Enron: Corporate Fiascos and Their Implications (2004), is designed to walk the reader through the organization of the entire book. The book itself is designed for use by law schools, business schools, and undergraduates