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Full-Text Articles in Law
Commercial Trusts In U.S. Legal Thought: Historical Puzzles And Future Directions, Thomas P. Gallanis
Commercial Trusts In U.S. Legal Thought: Historical Puzzles And Future Directions, Thomas P. Gallanis
University of Cincinnati Law Review
No abstract provided.
A Theory Of The Business Trust, Eric C. Chaffee
A Theory Of The Business Trust, Eric C. Chaffee
University of Cincinnati Law Review
No abstract provided.
Business Trusts In China: A Reality Check, Lusina Ho
Business Trusts In China: A Reality Check, Lusina Ho
University of Cincinnati Law Review
No abstract provided.
The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner
The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner
University of Cincinnati Law Review
No abstract provided.
The Oregon Stewardship Trust: A New Type Of Purpose Trust That Enables Steward-Ownership Of A Business, Susan N. Gary
The Oregon Stewardship Trust: A New Type Of Purpose Trust That Enables Steward-Ownership Of A Business, Susan N. Gary
University of Cincinnati Law Review
No abstract provided.
The New Fiduciaries, Natalya Shnitser
The New Fiduciaries, Natalya Shnitser
University of Cincinnati Law Review
The regulation of employer-sponsored retirement plans in the United States relies on fiduciary standards drawn from donative trust law to regulate the conduct of those with authority or discretion over plan assets. The mismatch between the trust-based fiduciary framework and the rights and interests of employers and employees has contributed to the high cost of pension fund investing and the significant gaps in pension coverage in the private sector. In recent years, state and local governments have stepped in to reduce the retirement coverage gap by creating state-facilitated retirement savings programs for private-sector workers who lack access to employment-based coverage. …
Indenture Trustee Duties: The Pre-Default Puzzle, Steven L. Schwarcz
Indenture Trustee Duties: The Pre-Default Puzzle, Steven L. Schwarcz
University of Cincinnati Law Review
This Article addresses a topic at the intersection of finance, agency, contract, and trust law: the pre-default duties of an indenture trustee for bondholders. The existing scholarship on indenture trustee duties focuses on the post-default scenario, when the indenture trustee is required to act as a prudent person in like circumstances on behalf of the bondholders. No prior scholarship addresses an indenture trustee’s pre-default duties. It is critical to try to define those duties because activist investors in the $42-trillion-plus bond market increasingly are making pre-default demands on indenture trustees, requiring them to know how to respond.