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Full-Text Articles in Securities Law
The Critical Resource Theory Of Fiduciary Duty, D. Gordon Smith
The Critical Resource Theory Of Fiduciary Duty, D. Gordon Smith
Vanderbilt Law Review
This Article proposes a new theory to unify the law of fiduciary duty. The prevailing view holds that fiduciary law is atomistic, arising for varied reasons in established categories of cases (such as trustee-beneficiary and director-shareholder) and ad hoc in relation- ships where one person trusts another and becomes vulnerable to harm as a result. By contrast, the critical resource theory of fiduciary duty holds that every relationship properly designated as "fiduciary" conforms to the following pattern: One party (the "fiduciary') acts on behalf of another party (the "beneficiary') while exercising discretion with respect to a critical resource belonging to …
Corporate Securities As "Business Property", Thomas G. Bost
Corporate Securities As "Business Property", Thomas G. Bost
Vanderbilt Law Review
Inadequacies of the statutory definition of "capital asset" have led the courts to develop the concept of "business property," which serves to distinguish everyday business activities from investment activities.This concept is now being applied by courts in a wide variety of factual situations involving corporate securities. However, unless objective, easily ascertainable limits to the "business property" concept are found, confusion and inconsistency may mark the development of future case law. The rules developed by the American Law Institute's Discussion Draft Study of Definitional Problems in Capital Gains Taxation appear to provide these objective limits. Because they are consistent with the …
Book Reviews, Hugh L. Sowards (Reviewer), Stanley D. Rose (Reviewer), William D. Warren (Reviewer)
Book Reviews, Hugh L. Sowards (Reviewer), Stanley D. Rose (Reviewer), William D. Warren (Reviewer)
Vanderbilt Law Review
Securities Legislation
By Louis Loss
Boston: Little, Brown & Com-pany, 1951. Pp. xxvii, 1283. $17.50
reviewer: Hugh L. Sowards
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Private Property, the History of an Idea
By Richard Schlatter
New Brunswick: Rutgers University Press, 1951. Pp. 284. $2.50
reviewer: Stanley D. Rose
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Oil and Gas Law: Collection of articles
TEXAS LAW REVIEW
Austin: Texas Law Review, Inc., 1951. Pp. xix, 1736. $15.00
reviewer: William D. Warren