Why am I passionate about this?
I've been fascinated by the role of fiduciaries for over 30 years, and particularly by the laws that seek to bring some level of control to the vast power that they have to influence the lives of others – that power exists for the benefit of others, but equally creates a vulnerability to abuse which the law rightly regulates. That regulation differs across jurisdictions, which makes it interesting to study and think about. I have degrees from New Zealand, the US (Michigan), and the UK (Cambridge), which have positioned me well to consider the twists and turns in the story that is the common law’s attempt to grapple with this fascinating and vital social institution.
Matthew's book list on the legal idea of loyalty owed by a fiduciary
Why did Matthew love this book?
This book provides a useful counterpoint to the analysis offered in my book, given it focuses on the US perspective on fiduciary duties.
Professor Frankel has been writing about fiduciary duties for decades, and is a grand dame of the academy – she writes lucidly and makes cogent arguments for the way legal regulation (of various kinds) should tackle real-world problems of disloyalty.
1 author picked Fiduciary Law as one of their favorite books, and they share why you should read it.
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of
offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law…