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Fiduciary Duties And Exculpatory Clauses: Clash Of The Titans Or Cozy Bedfellows, Louise Lark Hill
Fiduciary Duties And Exculpatory Clauses: Clash Of The Titans Or Cozy Bedfellows, Louise Lark Hill
University of Michigan Journal of Law Reform
Centuries ago, when land represented the majority of wealth, the trust was used primarily for holding and transferring real property. As the dominant form of wealth moved away from family land, the trust evolved into a device for managing financial assets. With this transformation came the use of exculpatory clauses by both amateur and professional trustees, providing an avenue for these fiduciaries to escape liability for designated acts. With the use of exculpatory provisions, discussion abounded about whether fiduciary duties were mandatory or subject to modification. The latter view eventually prevailed, with the majority of jurisdictions viewing fiduciary duties as …
Private Standardization In Public International Lawmaking, Janelle M. Diller
Private Standardization In Public International Lawmaking, Janelle M. Diller
Michigan Journal of International Law
The interplay between market forces and legal compulsion is as old as the Code of Ur-Nammu, yet the financial incentives for social conformity have never been more patent. In what may be its most ambitious effort yet, the International Organization for Standardization (ISO) recently launched the International Standard ISO 26000:2010 (ISO 26000) on social responsibility (SR), a new voluntary standard providing guidance to any organization on good practices in SR.2 ISO 26000 provides wide-ranging guidance on areas of social and environmental conduct that are relevant to public policy and regulation. The single ISO-branded package offers a new product that markets …
Deruglatory Riders Redux, Thomas O, Mcgarity
Deruglatory Riders Redux, Thomas O, Mcgarity
Michigan Journal of Environmental & Administrative Law
Soon after the 2010 elections placed the Republican Party in control of the House of Representatives, the House took up a number of deregulatory bills. Recognizing that deregulatory legislation had little chance of passing the Senate, which remained under the control of the Democratic Party, or of being signed by President Obama, the House leadership reprised a strategy adopted by the Republican leaders during the 104th Congress in the 1990s. The deregulatory provisions were attached as riders to much-needed legislation in an attempt to force the Senate and the President to accept the deregulatory riders to avoid the adverse consequences …