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Full-Text Articles in Law
Transnational Fiduciary Law, Tamar Frankel
Transnational Fiduciary Law, Tamar Frankel
Faculty Scholarship
Fiduciary law is expanding throughout the world.1 It seems to be a new phenomenon, but in reality, it is not. Fiduciary law is ancient. It existed centuries ago in Mesopotamia, 2 Rome, 3 Egypt,4 Greece,5 as well as in Jewish 6 and Christian laws.7 Fiduciary duties arguably developed later in Great Britain when master landlords left for the holy land on religious crusades and had to rely on others to manage their estates.8 The ancient rules, such as those found in agency law in Mesopotamia, may not have been as sophisticated as the current ones-such …
Arbitrator Bias, William W. Park
Arbitrator Bias, William W. Park
Faculty Scholarship
Seeking to bring arbitration into disrepute, an evil gremlin might contemplate two starkly different routes. One route would tolerate appointment of pernicious arbitrators, biased and unable to judge independently. An alternate route to shipwreck, also reducing confidence in the integrity of the arbitral process, would establish unrealistic ethical standards that render the arbitrator’s position precarious and susceptible to destabilisation by litigants engaged in dilatory tactics or seeking to annul unfavourable awards. To reduce the risk of having cases decided by either pernicious or precarious arbitrators, those who establish and apply ethical guidelines walk a tightrope between the rival poles of …
Regulating Conflicts Of Interest In Global Law Firms: Peace In Our Time?, Nancy J. Moore, Janine Griffiths-Baker
Regulating Conflicts Of Interest In Global Law Firms: Peace In Our Time?, Nancy J. Moore, Janine Griffiths-Baker
Faculty Scholarship
The phenomenon of the global law firm has transformed the face of international law practice. The practice of law has itself become global, as lawyers play their part in the growing international market for corporate and commercial services. The global expansion of legal practice has prompted several jurisdictions to consider how their own global legal service markets should be regulated. To date, only limited scholarly consideration has been given to the practicalities of regulating the day-to-day practice of law on an international scale.
This Article attempts to shed light on methods of regulating the conduct of lawyers in the context …