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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...
Persistent link: https://www.econbiz.de/10012931032
Economists who study the theory of the firm strive to draw a line between firms and markets. This line corresponds to the line lawyers draw between fiduciary and nonfiduciary relationships. The Critical Resource Theory (“CRT”) of fiduciary relationships is motivated by the property-rights...
Persistent link: https://www.econbiz.de/10012999351
Unmanned aerial vehicles — “UAVs” or “drones” — are increasingly becoming a mainstream commercial phenomenon and tool for a vast range of commercial consumer, prosumer, and professional activities. Given advances in automation and miniaturization generally — and flight control...
Persistent link: https://www.econbiz.de/10012914573
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...
Persistent link: https://www.econbiz.de/10012916393
This conference paper suggests that the problem of corporate ethics cannot be reduced to the autonomous person. Although the greatest influence on action and choice is one's moral constitution, it does not follow that the agent's behavior is the same within or without the firm. Ethics is a...
Persistent link: https://www.econbiz.de/10014221046
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...
Persistent link: https://www.econbiz.de/10014151848
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...
Persistent link: https://www.econbiz.de/10014131287
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...
Persistent link: https://www.econbiz.de/10014135334
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...
Persistent link: https://www.econbiz.de/10014142717
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...
Persistent link: https://www.econbiz.de/10014121029