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The Method In Fiduciary Law's Mixed Messages, Evan J. Criddle
The Method In Fiduciary Law's Mixed Messages, Evan J. Criddle
Evan J. Criddle
No abstract provided.
Liberty In Loyalty: A Republican Theory Of Fiduciary Law, Evan J. Criddle
Liberty In Loyalty: A Republican Theory Of Fiduciary Law, Evan J. Criddle
Evan J. Criddle
Conventional wisdom holds that the fiduciary duty of loyalty is a prophylactic rule that serves to deter and redress harmful opportunism. This idea can be traced back to the dawn of modern fiduciary law in England and the United States, and it has inspired generations of legal scholars to attempt to explain and justify the duty of loyalty from an economic perspective. Nonetheless, this Article argues that the conventional account of fiduciary loyalty should be abandoned because it does not adequately explain or justify fiduciary law’s core features.
The normative foundations of fiduciary loyalty come into sharper focus when viewed …