in a radical new direction, taking aim at bedrock principles of corporate law – fiduciary duties and the business … judgment rule. This article takes a deep dive into the issue of private ordering corporate officer fiduciary obligations and …? What is the foundational basis for officer fiduciary obligations? What are the bounds, if any, for private ordering of this …

Dennis F. Thompson developed a theory of “institutional corruption” in order to explain a phenomenon that he believed … into four categories: 1) breaches of fiduciary duty, 2) fraud or otherwise unfair commercial practices, 3) destructive firm … application of Dennis F. Thompson's theory of institutional corruption, which was originally developed in the context of …

This book chapter, prepared for the forthcoming Oxford Handbook of Fiduciary Law, canvasses the fiduciary principles … examines (a) the trigger for finding a trust fiduciary relationship and the scope of that relationship; (b) the duty of loyalty …; (c) the duty of prudence across the distribution, investment, custodial, and administrative functions of trusteeship; (d …

This article investigates the development of accountability and fiduciary loyalty as an institutional response to … primordial fiduciary loyalty - an accountability regime backed by social norms that was tailored for addressing the acute … develop the modern duty of loyalty. These insights suggest implications for contemporary fiduciary loyalty …

298, of submissions that exemplary damages may be awarded in respect of a breach of fiduciary obligation rested heavily on … fiduciary obligations emphasises the elimination of the incentive for fiduciaries to be disloyal, fiduciary obligations can be … fiduciary's part. Since deterrence or elimination of incentives is not an essential element of the justification for fiduciary …

relationship. Part of the definition is that trusts are fiduciary relationships. As interpretation of the statute will take into … account common law principles, this reform provides an opportunity to reflect on what fiduciary means in trust law. The … article identifies five distinct conceptions of the fiduciary in trust cases. While all five are concerned with restraint on …

reconfigure) the core nature of fiduciary accountability. Their claims, including various assertions of prescriptive content …

Parents have open access to the family-focused labour of their infant children. We impose no fiduciary proscription on … scope of open parental access. Beyond their open access, the opportunistic impulses of parents are regulated by fiduciary …