Fiduciary Law

Tamar Frankel is a Professor of Law at Boston University. Professor Frankel holds law degrees from the Jerusalem Classes, and LL.M and S.J.D. from Harvard Law School. She is an expert in the areas of fiduciary law, mutual funds, securitization, and corporate governance. She authored The Regulation of Money Managers (2d ed. 2001) (with Ann Taylor Schwing), Fiduciary Law (a teaching book) (2008), Trust and Honesty in the Real World (2007) (with Mark Fagan), Trust and Honesty: America's Business Culture at a Crossroad (2006), Securitization (2d ed. 2006), and about 70 articles on related subjects. She was a visiting scholar at the Securities and Exchange Commission (1995-1997) and at the Brookings Institution (1987). Professor Frankel has taught and lectured in Japan, India, Malaysia, Oxford U.K. and Switzerland. A native of Israel, she served in the Israeli Air Force.

• Introduction Chapter 1 The Nature of Fiduciary RelationshipsIntroduction A. The Recurrent Elements of Fiduciary RelationshipsB. A Proposed Definition of Fiduciary Relationships C. Examples of Fiduciary Relationships and Their BoundariesD. How Do the Courts Recognize Fiduciary Relationships?E. The Dark Side of Fiduciary RelationshipsF. The Debate Chapter 2 Where Does Fiduciary Law Come From? IntroductionA. The Laws of Hammurabi and EshnunnaB. The New Testament C. The Sharia Islamic LawD. Jewish LawE. Influence of Moral Themes and ReligionF. Roman LawG. High Middle AgesH. Recent U.S. HistoryI. The Debate Chapter 3 The Duties of FiduciariesIntroductionA. FundamentalsB. The Main Duties of FiduciariesC. The Duty of LoyaltyD. Duties Implementing the Duty of LoyaltyE. The Fiduciaries' Service-Contracts and CompensationF. The Debates G. When Should Fiduciaries Consider Public Interest? H. The Duty of CareI. Serving Entrustors Whose Interests ConflictJ. Fiduciaries' Rights and Protections from the Entrustors' Claims K. Fiduciary Duties in Legislation Chapter 4 Default Rules in Fiduciary LawA. IntroductionB. The Process of Releasing Fiduciaries from Their Duties under Fiduciary RulesC. The Nature of Consent and Surrogate ConsentersD. Default Rules and Contracts E. The Debate Chapter 5 Why View Fiduciary Law as a Separate Category?A. IntroductionB. Categories MatterC. Should Fiduciary Law Be Viewed as a Category?D. The Debate Chapter 6The Courts' Regulation of Fiduciaries, Remedies and ProceduresIntroductionA. Courts' Use of Judicial DiscretionB. Remedies Providing Relief on Violations of Fiduciary DutiesC. Equitable RemediesD. Punitive DamagesE. Dissolution of a CorporationF. Criminal SanctionsG. Standing to Sue and Procedural Issues. Common Law and Equity H. Liability of the Transferee of Entrusted Property Who Knew of the EntrustmentI. Resulting Trusts Chapter 7 The Role of Fiduciary Law in Facilitating Entrustment and TrustA. The Nature and Role of Trust B. The Barriers to Abuse of Trust and DishonestyC. The DebateEpilogue