In this paper, intended as a chapter for a study book, attention is given to the notion of harmonisation, its operation in the area of private law and the extent to which harmonisation of private law rules contributes to the development of the internal market

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 discusses the concept of loyalty in fiduciary law. It contrasts fiduciary loyalty with moral conceptions of loyalty, and argues that the distinctiveness of fiduciary loyalty is best appreciated in light of characteristic features of fiduciary relationships. The essay establishes the...

With the passage of the Internet Gambling Ban of 2006, Congress envisioned a complete prohibition on online poker and online gambling in general. Instead, this hastily passed law has created more confusion than it has cured. By failing to acknowledge jurisdictional problems associated with this...

This chapter, forthcoming in the Oxford Handbook of the New Private Law, situates corporations and corporate law theory within the nascent New Private Law movement. Most theorists allied to the New Private Law focus on fundamental private law and so, in turn, bodies of law addressed to singular...

This review of Leo Katz's book, Why the Law is So Perverse, addresses three questions. First, does Katz draw the appropriate normative conclusions about legal perversities based on their connections to social choice theory? In other words, what are the legal ethics and professionalism...

Against the background of the emerging debate about personalized law, this book chapter explores how Big Data and algorithm-based regulation could fundamentally change the design and structure of legal norms: impersonal law based on typifications could be replaced by a more personalized law,...