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Fiduciary
Article on The Identification of Fiduciary Relationships
March 23, 2018
Paul B. Miller recently posted an Article entitled, The Identification of Fiduciary Relationships, Wills, Trusts, & Estates Law eJournal (2018). Provided below is an abstract of the Article: This chapter in the forthcoming Oxford Handbook of Fiduciary Law provides synthetic analysis of the law on fiduciary relationships, focusing on the identification of fiduciary relationships and fiduciary relationship formation and termination. The chapter discusses status- and fact-based methods of identifying...
March 23, 2018
Paul B. Miller recently posted an Article entitled, The Identification of Fiduciary Relationships, Wills, Trusts, & Estates Law eJournal (2018). Provided below is an abstract of the Article: This chapter in the forthcoming Oxford Handbook of Fiduciary Law provides synthetic analysis of the law on fiduciary relationships, focusing on the identification of fiduciary relationships and fiduciary relationship formation and termination. The chapter discusses status- and fact-based methods of identifying...
Stepmothers: The Cause Of So Many Estate Fights
February 20, 2018
The summary sheet at Michael Hackard’s law firm detailing disputed probate as well as estate and trust cases revealed a not-so-surprising trend: about half of the firm’s disputed estate cases involved litigation between step-children and their step-mothers. While this is not necessarily a bulwark to the evil step-mother paradigm, it is certainly an indication of the relative frequency of conflicts between step-mothers and their deceased spouse’s kids. Though this phenomenon does affect step-fathers,...
February 20, 2018
The summary sheet at Michael Hackard’s law firm detailing disputed probate as well as estate and trust cases revealed a not-so-surprising trend: about half of the firm’s disputed estate cases involved litigation between step-children and their step-mothers. While this is not necessarily a bulwark to the evil step-mother paradigm, it is certainly an indication of the relative frequency of conflicts between step-mothers and their deceased spouse’s kids. Though this phenomenon does affect step-fathers,...
JPMorgan Ordered to Pay More Than $4 Billion to Widow and Family
September 28, 2017
JPMorgan Chase & Co. was ordered by a Dallas jury to pay more than $4 billion in damages for mishandling the estate of a former American...
September 28, 2017
JPMorgan Chase & Co. was ordered by a Dallas jury to pay more than $4 billion in damages for mishandling the estate of a former American...
Article on Interpreting Fiduciary Law
July 24, 2017
Andrew S. Gold recently published an Article entitled, Interpreting Fiduciary Law, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article: Although there are exceptions, fiduciary theory has paid limited attention to interpretive methodology. Yet methodology matters, and the distinctive features of fiduciary law offer insights for interpreting private law more generally. Private law theorists commonly assess interpretive theories against a range of criteria,...
July 24, 2017
Andrew S. Gold recently published an Article entitled, Interpreting Fiduciary Law, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article: Although there are exceptions, fiduciary theory has paid limited attention to interpretive methodology. Yet methodology matters, and the distinctive features of fiduciary law offer insights for interpreting private law more generally. Private law theorists commonly assess interpretive theories against a range of criteria,...
Article on Intersection of Contract and Fiduciary Law
January 5, 2017
Paul B. Miller & Andrew S. Gold recently published an Article entitled, Introduction to Contract, Status, and Fiduciary...
January 5, 2017
Paul B. Miller & Andrew S. Gold recently published an Article entitled, Introduction to Contract, Status, and Fiduciary...
Callison on Fiduciary Duty
October 3, 2016
J. William Callison has posted Seeking an Angle of Repose in U.S. Business Organization Law: Fiduciary Duty Themes and Observations on SSRN. Here is the abstract: This article applies liberal, neoliberal, critical, feminist and communitarian political theories to limited liability company and partnership fiduciary duty law; discusses developments in that law over the last two decades by focusing on theory; suggests a pragmatic and balanced approach to fiduciary duty law that incorporates desirable...
October 3, 2016
J. William Callison has posted Seeking an Angle of Repose in U.S. Business Organization Law: Fiduciary Duty Themes and Observations on SSRN. Here is the abstract: This article applies liberal, neoliberal, critical, feminist and communitarian political theories to limited liability company and partnership fiduciary duty law; discusses developments in that law over the last two decades by focusing on theory; suggests a pragmatic and balanced approach to fiduciary duty law that incorporates desirable...
Formal Elements of Contract and Fiduciary Law
October 30, 2015
Contract law, with its history in the dual systems of law and equity, has resources that allow courts to announce determinate, seemingly absolute, rules but make exceptions at the enforcement stage when the outcome of the rules seems particularly harsh. For better or worse, fiduciary law does not support a comparable type of compromise between determinate rules and equitable exceptions.
October 30, 2015
Contract law, with its history in the dual systems of law and equity, has resources that allow courts to announce determinate, seemingly absolute, rules but make exceptions at the enforcement stage when the outcome of the rules seems particularly harsh. For better or worse, fiduciary law does not support a comparable type of compromise between determinate rules and equitable exceptions.
