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Full-Text Articles in Law
The Domains Of Loyalty: Relationships Between Fiduciary Obligation And Intrinsic Motivation, Deborah A. Demott
The Domains Of Loyalty: Relationships Between Fiduciary Obligation And Intrinsic Motivation, Deborah A. Demott
Faculty Scholarship
Recent scholarly inquiry into fiduciary law predominantly focuses on whether the subject is a coherent field and not a piecemeal assortment of doctrinal detail. This Article looks to the future and to relationships between the formal domain of fiduciary law and other factors that shape conduct. These include intrinsic motivation, markets for professional services, and forces like the operation of reputation. The Article demonstrates that looking across domains, from the legal to the extralegal, casts in sharp relief the reasons why fiduciary law is distinctive. These stem from the specific qualities of relationships to which fiduciary law applies, as well …
Fiduciary Principles In Agency Law, Deborah A. Demott
Fiduciary Principles In Agency Law, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Culpable Participation In Fiduciary Breach, Deborah A. Demott
Culpable Participation In Fiduciary Breach, Deborah A. Demott
Faculty Scholarship
This essay makes a case for the salience of tort law to fiduciary law, focusing on actors who culpably participate in a fiduciary's breach of duty, whether by inducing the breach or lending substantial assistance to it. Although the elements of this accessory tort are relatively settled in the United States, how the tort applies to particular categories of actors-most recently investment bankers who serve as M&A advisors-provokes controversy. The paper also explores the less developed terrain of primary actors who breach governance duties that are not fiduciary obligations because the entity's organizational documents eliminate fiduciary duties, as Delaware law …
The Fiduciary Character Of Agency And The Interpretation Of Instructions, Deborah A. Demott
The Fiduciary Character Of Agency And The Interpretation Of Instructions, Deborah A. Demott
Faculty Scholarship
This chapter in a forthcoming book justifies the conventional characterization of common-law agency as a fiduciary relationship. An agent serves as the principal’s representative in dealings with third parties and facts about the world, situating the agent as an extension of the principal for legally-salient purposes. A principal’s power to furnish instructions to the agent is the fundamental mechanism through which the principal exercises control over the agent, a requisite for an agency relationship. The agent’s fiduciary duty to the principal provides a benchmark for the agent’s interpretation of those instructions. The chapter draws on philosophical literature on the identity …
Developments In Contract Liability Of Trusts And Trustees, John D. Johnston Jr.
Developments In Contract Liability Of Trusts And Trustees, John D. Johnston Jr.
Faculty Scholarship
No abstract provided.