The Oxford Handbook of Fiduciary Law provides a comprehensive overview of fiduciary law, explaining how fiduciary principles operate across diverse substantive fields and legal systems. Unparalleled in its breadth and depth of coverage, the Handbook represents an invaluable resource for practitioners, policymakers, scholars, and students of this essential field of law.
Evan J. Criddle is a Professor at William & Mary Law School. His books include Fiduciaries of Humanity: How International Law Constitutes Authority (2016) (with Evan Fox-Decent), and Fiduciary Government (2018) (co-edited with Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim, and Paul B. Miller). He has published articles on fiduciary law in leading academic journals, such as the Cornell Law Review, Northwestern University Law Review, Texas Law Review, and UCLA Law Review. Paul B. Miller is Professor, Associate Dean for International and Graduate Programs, and Director of the Notre Dame Program on Private Law at Notre Dame Law School. He is also a member of the Global Faculty at Peking University Law School. He previously held a permanent appointment at McGill University and has had visiting appointments at the University of Melbourne and Tel Aviv University. His books include Philosophical Foundations of Fiduciary Law (2014) and Contract, Status, and Fiduciary Law (both edited with Andrew S. Gold) as well as Fiduciary Government (2018) (co-edited with Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, and Sung Hui Kim). Robert H. Sitkoff is the John L. Gray Professor of Law at Harvard Law School. His work, which focuses on economic and empirical analysis of trusts, estates, and fiduciary law, has been published in leading scholarly journals such as the Yale Law Journal, the Stanford Law Review, and the Journal of Law and Economics. He is the surviving coauthor of Wills, Trusts, and Estates (10th ed. 2017), the most popular American coursebook on trusts and estates. He serves by gubernatorial appointment as a Uniform Law Commissioner from Massachusetts, and he serves as a member of the Council (the Board of Directors) of the American Law Institute.
Show moreThe Oxford Handbook of Fiduciary Law provides a comprehensive overview of fiduciary law, explaining how fiduciary principles operate across diverse substantive fields and legal systems. Unparalleled in its breadth and depth of coverage, the Handbook represents an invaluable resource for practitioners, policymakers, scholars, and students of this essential field of law.
Evan J. Criddle is a Professor at William & Mary Law School. His books include Fiduciaries of Humanity: How International Law Constitutes Authority (2016) (with Evan Fox-Decent), and Fiduciary Government (2018) (co-edited with Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim, and Paul B. Miller). He has published articles on fiduciary law in leading academic journals, such as the Cornell Law Review, Northwestern University Law Review, Texas Law Review, and UCLA Law Review. Paul B. Miller is Professor, Associate Dean for International and Graduate Programs, and Director of the Notre Dame Program on Private Law at Notre Dame Law School. He is also a member of the Global Faculty at Peking University Law School. He previously held a permanent appointment at McGill University and has had visiting appointments at the University of Melbourne and Tel Aviv University. His books include Philosophical Foundations of Fiduciary Law (2014) and Contract, Status, and Fiduciary Law (both edited with Andrew S. Gold) as well as Fiduciary Government (2018) (co-edited with Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, and Sung Hui Kim). Robert H. Sitkoff is the John L. Gray Professor of Law at Harvard Law School. His work, which focuses on economic and empirical analysis of trusts, estates, and fiduciary law, has been published in leading scholarly journals such as the Yale Law Journal, the Stanford Law Review, and the Journal of Law and Economics. He is the surviving coauthor of Wills, Trusts, and Estates (10th ed. 2017), the most popular American coursebook on trusts and estates. He serves by gubernatorial appointment as a Uniform Law Commissioner from Massachusetts, and he serves as a member of the Council (the Board of Directors) of the American Law Institute.
Show moreAbout the Editors
Contributors
Acknowledgements
Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff:
Introduction
Part I. The Doctrinal Canon
1: Daniel B. Kelly: Fiduciary Principles in Fact-Based Fiduciary
Relationships
2: Deborah A. DeMott: Fiduciary Principles in Agency Law
3: Robert H. Sitkoff: Fiduciary Principles in Trust Law
4: Julian Velasco: Fiduciary Principles in Corporate Law
5: Mohsen Manesh: Fiduciary Principles in Unincorporated Entity
Law
6: Lloyd Hitoshi Mayer: Fiduciary Principles in Charities and Other
Nonprofits
7: Andrew F. Tuch: Fiduciary Principles in Banking
8: Arthur B. Laby: Fiduciary Principles in Investment Advice
9: Dana M. Muir: Fiduciary Principles in Pension Law
10: Aditi Bagchi: Fiduciary Principles in Employment Law
11: John A.E. Pottow: Fiduciary Principles in Bankruptcy and
Insolvency
12: Elizabeth S. Scott and Ben Chen: Fiduciary Principles in Family
Law
13: Nina A. Kohn: Fiduciary Principles in Surrogate
Decision-Making
14: Richard W. Painter: Fiduciary Principles in Legal
Representation
15: Mark A. Hall: Fiduciary Principles in Health Care
16: Ethan J. Leib and Stephen R. Galoob: Fiduciary Principles and
Public Offices
17: D. Theodore Rave: Fiduciary Principles and the State
18: Evan J. Criddle: Fiduciary Principles in International Law
Part II. A Conceptual Synthesis of Fiduciary Law
19: Paul B. Miller: The Identification of Fiduciary
Relationships
20: Andrew S. Gold: The Fiduciary Duty of Loyalty
21: John C. P. Goldberg: The Fiduciary Duty of Care
22: Robert H. Sitkoff: Other Fiduciary Duties: Implementing Loyalty
and Care
23: Daniel Clarry: Mandatory and Default Rules in Fiduciary Law
24: Samuel L. Bray: Fiduciary Remedies
Part III. Fiduciary Law across History and Legal Systems
25: Joshua Getzler: Fiduciary Principles in English Common Law
26: Richard H. Helmholz: Fiduciary Principles in the Canon Law
27: David Johnston: Fiduciary Principles in Roman Law
28: Mohammad Fadel: Fiduciary Principles in Classical Islamic Law
Systems
29: Chaim N. Saiman: Fiduciary Principles in Classical Jewish
Law
30: Matthew Conaglen: Fiduciary Principles in Contemporary Common
Law Systems
31: Martin Gelter and Geneviève Heelleringer: Fiduciary Principles
in European Civil Law Systems
32: Nicholas C. Howson: Fiduciary Principles in Chinese Law
33: Vikramaditya S. Khanna: Fiduciary Principles in Indian Law
34: J. Mark Ramseyer and Masayuki Tamaruya: Fiduciary Principles in
Japanese Law
Part IV. The Future of Fiduciary Law and Theory
35: Richard R.W. Brooks: The Economics of Fiduciary Law
36: Charlie Webb: The Philosophy of Fiduciary Law
37: Tess Wilkinson-Ryan: Fiduciary Law and Psychology
38: Jonathan Klick and Max M. Schanzenbach: Empirical Analysis of
Fiduciary Law
39: Henry E. Smith: Fiduciary Law and Equity
40: Hillary A. Sale: Fiduciary Law, Good Faith, and Publicness
41: James E. Penner: Fiduciary Law and Moral Norms
42: Matthew Harding: Fiduciary Law and Social Norms
43: Sung Hui Kim: Fiduciary Law and Corruption
44: Hanoch Dagan: Fiduciary Law and Pluralism
45: Howell E. Jackson and Talia B. Gillis: Fiduciary Law and
Financial Regulation
46: Lawrence A. Hamermesh and Leo E. Strine, Jr.: Delaware
Corporate Fiduciary Law: Searching for the Optimal Balance
47: Paul B. Miller: New Frontiers in Private Fiduciary Law
48: Evan Fox-Decent: New Frontiers in Public Fiduciary Law
Index
Evan J. Criddle is a Professor at William & Mary Law School. His
books include Fiduciaries of Humanity: How International Law
Constitutes Authority (2016) (with Evan Fox-Decent), and Fiduciary
Government (2018) (co-edited with Evan Fox-Decent, Andrew S. Gold,
Sung Hui Kim, and Paul B. Miller). He has published articles on
fiduciary law in leading academic journals, such as the Cornell Law
Review, Northwestern
University Law Review, Texas Law Review, and UCLA Law Review.
Paul B. Miller is Professor, Associate Dean for International and
Graduate Programs, and Director of the Notre Dame Program on
Private Law at Notre Dame Law School. He is also a member of the
Global Faculty at Peking University Law School. He previously held
a permanent appointment at McGill University and has had visiting
appointments at the University of Melbourne and Tel Aviv
University. His books include Philosophical Foundations of
Fiduciary Law (2014) and
Contract, Status, and Fiduciary Law (both edited with Andrew S.
Gold) as well as Fiduciary Government (2018) (co-edited with Evan
J. Criddle, Evan Fox-Decent, Andrew S. Gold, and Sung Hui Kim).
Robert H. Sitkoff is the John L. Gray Professor of Law at Harvard
Law School. His work, which focuses on economic and empirical
analysis of trusts, estates, and fiduciary law, has been published
in leading scholarly journals such as the Yale Law Journal, the
Stanford Law Review, and the Journal of Law and Economics. He is
the surviving coauthor of Wills, Trusts, and Estates (10th ed.
2017), the most popular American coursebook on trusts and
estates. He serves by gubernatorial appointment as a Uniform Law
Commissioner from Massachusetts, and he serves as a member of the
Council (the Board of Directors) of the American Law Institute.
"The Handbook's forty-eight articles cover an amazingly broad range of topics. ... there can scarcely be a lawyer or legal scholar anywhere who wouldnât benefit by acquiring it." -- Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chamber
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