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Duty Fidelity
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Book Synopsis The [Fiduciary] Duty of Fidelity by : Robert Flannigan
Download or read book The [Fiduciary] Duty of Fidelity written by Robert Flannigan and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has become common, primarily in the employment context, for judges to assert the existence of a duty of "fidelity" distinct from fiduciary duty. As we will see, however, the duty of fidelity is an invention or development that rests on serial failures to comprehend the course of the case law. A linear progression of inattentive authority recast conventional fiduciary accountability as the supposed independent duty of fidelity. Early cases that spoke of "breach of confidence" were wrongly understood as constituting a distinct doctrinal category. The actual crystallization of that misperception appears to have occurred only recently in the middle of the twentieth century. Coincidentally with that crystallization, the separate recognition of an independent duty of "fidelity" was founded on the same line of cases. In both instances, the breakaway into novel doctrinal categories occurred without any discussion or apparent appreciation of severance or disconnection. The independence of the doctrines was literally assumed. Today, notwithstanding the awkward confusion produced by the taxonomic masking of their functional redundancy, the duties of confidence and fidelity endure essentially as forms of fiduciary accountability. I will examine the developments that produced the [fiduciary] duty of fidelity.
Book Synopsis The Employee's Contractual Duty of Fidelity by : Andrew Frazer
Download or read book The Employee's Contractual Duty of Fidelity written by Andrew Frazer and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article aims to demonstrate that the current position which seems to prevail in the common law systems of the Commonwealth, that employees are not necessarily fiduciaries, is supported by analysis of the historical and recent decisions. The employee's well-established implied contractual duty of fidelity and good faith, while sharing the language and some of the hallmarks of fiduciary duty, is separate from it, although the two will often overlap. It is not necessary or sound to posit the existence of this implied duty in equitable terms. The implied contractual duty of fidelity was recognised from at least the late eighteenth century, and was developed separately from equitable principles. While it was formulated by some later decisions in ways that allowed its confusion with fiduciary duty, the common law and equitable duties have remained distinct. Explanations of the employee's duty as deriving exclusively from equity ignore the important doctrinal and policy reasons for the contractual foundations of the employment relationship in law. While many, if not most, employees nowadays undoubtedly owe fiduciary obligations to their employer, this is not because their contractual duty of fidelity is an inherently fiduciary one.
Book Synopsis Lawyers and Fidelity to Law by : W. Bradley Wendel
Download or read book Lawyers and Fidelity to Law written by W. Bradley Wendel and published by Princeton University Press. This book was released on 2012-08-26 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.
Book Synopsis Case Studies in Pharmacy Ethics by : Robert Veatch
Download or read book Case Studies in Pharmacy Ethics written by Robert Veatch and published by Oxford University Press. This book was released on 2010-04-10 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pharmacists face ethical choices constantly -- sometimes dramatic life-and-death decisions, but more often subtle, less conspicuous choices that are nonetheless important. Among the topics confronted are assisted suicide, conscientious refusal, pain management, equitable distribution of drug resources within institutions and managed care plans, confidentiality, and alternative and non-traditional therapies. Veatch and Haddad's book, first published in 1999, was the first collection of case studies based on the real experiences of practicing pharmacists, for use as a teaching tool for pharmacy students. The second edition accounts for the many changes in pharmacy since 1999, including assisted suicide in Oregon, the purchasing of less expensive drugs from Canada, and the influence of managed care on prescriptions. The presentation of some cases is shortened, most are revised and updated, and two new chapters have been added. The first new chapter presents a new model for analyzing cases, while the second focuses on the ethics of new drug distribution systems, for example hospitals where pharmacists are forced to choose drugs based on cost-effectiveness, and internet based pharmacies.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Tablet written by and published by . This book was released on 1888 with total page 1086 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Legal Construction of Personal Work Relations by : Mark Freedland FBA
Download or read book The Legal Construction of Personal Work Relations written by Mark Freedland FBA and published by OUP Oxford. This book was released on 2011-12-15 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
Book Synopsis Fidelity in Duty, Not Accuracy in Belief by : Andrew Preston Peabody
Download or read book Fidelity in Duty, Not Accuracy in Belief written by Andrew Preston Peabody and published by . This book was released on 18?? with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Site Fidelity: Stories by : Claire Boyles
Download or read book Site Fidelity: Stories written by Claire Boyles and published by W. W. Norton & Company. This book was released on 2021-06-15 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finalist for the 2022 Reading the West Debut Fiction Award Finalist for the 2022 Colorado Book Award for Literary Fiction Longlisted for the 2022 PEN/Robert W. Bingham Prize for Debut Short Story Collection Set in the western sagebrush steppe, Site Fidelity is a vivid, intimate, and deeply human exploration of life on the shifting terrain of our changing planet. Firmly rooted in the modern American West, Site Fidelity follows women and families who feel the instinctual, inexplicable pull of a home they must work to protect from the effects of economic inequity and climate catastrophe. A seventy-four-year-old nun turns to eco-sabotage to stop a fracking project. A woman delivers her own baby in a Nevada ghost town. A young farmer hides her chicken flock from the government during a bird flu epidemic. An ornithologist returns home to care for her rancher father and gets caught up trying to protect a breeding group of endangered Gunnison sage grouse. In lean, lyrical prose, Claire Boyles evokes the bleakness and beauty of our threatened western landscapes. Spanning the decades from the 1970s to a plausible near future, this knockout debut introduces unforgettable characters who must confront the challenges of caregiving and loss alongside the very practical impacts of fracking, water rights law, and other agricultural policies. Site Fidelity is a vivid, intimate, and deeply human exploration of life on the shifting terrain of our changing planet.
Book Synopsis Documents Relating to the Colonial, Revolutionary and Post-revolutionary History of the State of New Jersey by :
Download or read book Documents Relating to the Colonial, Revolutionary and Post-revolutionary History of the State of New Jersey written by and published by . This book was released on 1886 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Fidelity to Trusts the Highest Duty by : Benjamin Harvey Hill
Download or read book Fidelity to Trusts the Highest Duty written by Benjamin Harvey Hill and published by . This book was released on 1881 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The South Western Reporter written by and published by . This book was released on 1924 with total page 1204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas.
Book Synopsis The Principle of Loyalty in EU Law by : Marcus Klamert
Download or read book The Principle of Loyalty in EU Law written by Marcus Klamert and published by . This book was released on 2014 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.
Book Synopsis History of Talbot County, Maryland, 1661-1861 by :
Download or read book History of Talbot County, Maryland, 1661-1861 written by and published by . This book was released on 1915 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Routledge Handbook of Translation and Ethics by : Kaisa Koskinen
Download or read book The Routledge Handbook of Translation and Ethics written by Kaisa Koskinen and published by Routledge. This book was released on 2020-12-16 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Translation and Ethics offers a comprehensive overview of issues surrounding ethics in translating and interpreting. The chapters chart the philosophical and theoretical underpinnings of ethical thinking in Translation Studies and analyze the ethical dilemmas of various translatorial actors, including translation trainers and researchers. Authored by leading scholars and new voices in the field, the 31 chapters present a wide coverage of emerging issues such as increasing technologization of translation, posthumanism, volunteering and activism, accessibility and linguistic human rights. Many chapters provide the first extensive overview of the topic or present new takes on established areas. The book is divided into four parts, with the first covering the most influential ethical theories. Part II takes the perspective of agents in different contexts and the ethical dilemmas they face, while Part III takes a critical look at central institutions structuring and controlling ethical behaviour. Finally, Part IV focuses on special issues and new challenges, and signals new directions for further study. This handbook is an indispensable resource for all students and researchers of translation and ethics within translation and interpreting studies, multilingualism and comparative literature.
Book Synopsis The Palgrave Handbook of Popular Culture as Philosophy by : Dean A. Kowalski
Download or read book The Palgrave Handbook of Popular Culture as Philosophy written by Dean A. Kowalski and published by Springer Nature. This book was released on 2024-04 with total page 2127 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much philosophical work on pop culture apologises for its use; using popular culture is a necessary evil, something merely useful for reaching the masses with important philosophical arguments. But works of pop culture are important in their own right--they shape worldviews, inspire ideas, change minds. We wouldn't baulk at a book dedicated to examining the philosophy of The Great Gatsby or 1984--why aren't Star Trek and Superman fair game as well? After all, when produced, the former were considered pop culture just as much as the latter. This will be the first major reference work to right that wrong, gathering together entries on film, television, games, graphic novels and comedy, and officially recognizing the importance of the field. It will be the go-to resource for students and researchers in philosophy, culture, media and communications, English and history and will act as a springboard to introduce the reader to the other key literature in the field.
Download or read book Missionary Review of the World written by and published by . This book was released on 1899 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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