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The Oxford Handbook of Fiduciary Law. Edited by Evan J. Criddle, Paul B. Miller and Robert H. Sitkoff. [ Oxford University Press, 2019. xxix + 997 pp. Hardback £115.00. ISBN 978-0-19-063410-0.]
Part I of this book, “The Doctrinal Canon”, consists of 18 essays exploring fiduciary principles arising within specified fields of law. The aim is “to explain when fiduciary principles arise and how they govern specific relationships” (p. xxi). The essays cover fact-based fiduciary relationships (by Daniel Kelly), agency law (by Deborah DeMott), trust law (by Robert Sitkoff), corporate law (by Julian Velasco), unincorporated entity law (by Mohsen Manesh), charity and non-profit law (by Lloyd Hitoshi Mayer), banking law (by Andrew Tuch), the law governing investment advice (by Arthur Laby), pension law (by Dana Muir), employment law (by Aditi Bagchi), bankruptcy and insolvency law (by John Pottow), family law (by Elizabeth Scott and Ben Chen), the law governing surrogate decision-making (by Nina Kohn), the law regulating lawyers’ representation of clients (by Richard Painter), health-care law (by Mark Hall), the law governing public offices (by Ethan Leib and Stephen Galoob), the application of fiduciary principles to the state, for example in administrative and constitutional law (by D. Theodore Rave), and international law (by Evan Criddle).
Part II, “A Conceptual Synthesis”, contains six essays, each examining an over-arching aspect of fiduciary law. The goal is to offer a “synthetic analysis of conceptual patterns that hold across the fiduciary doctrinal canon” (p. xxiii). The essays explore the identification of fiduciary relationships (by Paul Miller), the duty of loyalty (by Andrew Gold), the duty of care (by John Goldberg), other fiduciary duties, which are described as “implementing loyalty and care” (by...