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Full-Text Articles in Law
Pernicious Loyalty, Andrew S. Gold
Pernicious Loyalty, Andrew S. Gold
William & Mary Law Review
Fiduciary loyalty is generally considered valuable, and in the usual case it is. Yet some of the very features of loyalty that make it valuable also encourage behaviors harmful to beneficiaries, third parties, or society as a whole. Examples include the corporate director whose concern with shareholder wealth maximization leads to considerable environmental harm and the skillful attorney whose zealous representation undermines justice between the parties. In short, actions that are motivated by good-faith fiduciary loyalty may be undesirable in individual cases. I will describe such cases as cases of pernicious loyalty. Outside the law, pernicious loyalty is often limited …
The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha
The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha
William & Mary Law Review
No abstract provided.