Fiduciary Government

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Publisher : Cambridge University Press
ISBN 13 : 1108680011
Total Pages : 762 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Fiduciary Government by : Evan J. Criddle

Download or read book Fiduciary Government written by Evan J. Criddle and published by Cambridge University Press. This book was released on 2018-11-15 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.

“A Great Power of Attorney”

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Author :
Publisher : University Press of Kansas
ISBN 13 : 0700624252
Total Pages : 228 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis “A Great Power of Attorney” by : Gary Lawson

Download or read book “A Great Power of Attorney” written by Gary Lawson and published by University Press of Kansas. This book was released on 2017-05-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.

“A Great Power of Attorney”

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Author :
Publisher : University Press of Kansas
ISBN 13 : 0700624252
Total Pages : 228 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis “A Great Power of Attorney” by : Gary Lawson

Download or read book “A Great Power of Attorney” written by Gary Lawson and published by University Press of Kansas. This book was released on 2017-05-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.

Litigating Fiduciary Duty Claims

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Author :
Publisher :
ISBN 13 : 9781641059985
Total Pages : pages
Book Rating : 4.0/5 (599 download)

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Book Synopsis Litigating Fiduciary Duty Claims by : Jason R. Domark

Download or read book Litigating Fiduciary Duty Claims written by Jason R. Domark and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is a practical guide for lawyers who are either beginning a fiduciary litigation practice or who are handling a fiduciary duty case in an unfamiliar area"--

The Oxford Handbook of Fiduciary Law

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Publisher : Oxford Handbooks
ISBN 13 : 0190634103
Total Pages : 1028 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Fiduciary Law by : Evan J. Criddle

Download or read book The Oxford Handbook of Fiduciary Law written by Evan J. Criddle and published by Oxford Handbooks. This book was released on 2019-05-27 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.

Common Trust Funds

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Publisher :
ISBN 13 :
Total Pages : 206 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Common Trust Funds by : United States. Congress. House. Committee on Government Operations

Download or read book Common Trust Funds written by United States. Congress. House. Committee on Government Operations and published by . This book was released on 1963 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fiduciaries and Trust

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Publisher : Cambridge University Press
ISBN 13 : 110848042X
Total Pages : 357 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Fiduciaries and Trust by : Paul B. Miller

Download or read book Fiduciaries and Trust written by Paul B. Miller and published by Cambridge University Press. This book was released on 2020-04-02 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the interactions of fiduciary law and personal and political trust in private, public and international law.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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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.

Fiduciary Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 019539156X
Total Pages : 334 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Fiduciary Law by : Tamar Frankel

Download or read book Fiduciary Law written by Tamar Frankel and published by Oxford University Press. This book was released on 2011 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.

Governmental Plans Answer Book, Third Edition

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Publisher : Aspen Publishers
ISBN 13 : 9781454845201
Total Pages : 1066 pages
Book Rating : 4.8/5 (452 download)

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Book Synopsis Governmental Plans Answer Book, Third Edition by : Carol V. Calhoun

Download or read book Governmental Plans Answer Book, Third Edition written by Carol V. Calhoun and published by Aspen Publishers. This book was released on 2013-10-24 with total page 1066 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governmental Plans Answer Book, Third Edition, provides in-depth coverage of these complex plans, which must satisfy federal laws as well as pension, investment, and other laws of the applicable state or local governments. It is the one resource that takes you step by step through all the aspects of plan administration and compliance in this demanding practice area. Governmental Plans Answer Book gives you the most relevant, current, and practice-oriented answers to the issues you face daily as you navigate the requirements and procedures involved in administering plans. The Third Edition of Governmental Plans Answer Book examines the following significant changes and case law in this area: Key differences among defined benefit, defined contribution, and cash balance plans offered by state and local governments Recent legislative action and comparison charts, including changes in cost of living adjustments (COLAs), employee contribution rates, and age and service requirements Opening of second cycle for governmental plan IRS determination letters New Department of Labor regulations regarding service provider fees Issuance of new IRS guidance on employee/independent contractor issues New case law on the constitutionality of statutory investment restrictions on public plans Major changes in fiduciary and investment issues Statutory changes permitting pension plans to make in-service distributions to employees who have attained age 62 New IRS guidance on common issues discovered in examining determination letter requests by governmental plans New IRS opinion letter program for prototype 403(b) plans Explanation of hybrid plans that combine elements of defined benefit and defined contribution plans and cash balance plans Purchase of service credit that permits portability of pension benefits in defined benefit plans Updates to state and local government plan assets and membership figures

Fiduciary Duty and the Atmospheric Trust

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409497887
Total Pages : 310 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Fiduciary Duty and the Atmospheric Trust by : Ken Coghill

Download or read book Fiduciary Duty and the Atmospheric Trust written by Ken Coghill and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the application of concepts of fiduciary duty or public trust in responding to the policy and governance challenges posed by policy problems that extend over multiple terms of government or even, as in the case of climate change, human generations. The volume brings together a range of perspectives including leading international thinkers on questions of fiduciary duty and public trust, Australia's most prominent judicial advocate for the application of fiduciary duty, top law scholars from several major universities, expert commentary from an influential climate policy think-tank and the views of long-serving highly respected past and present parliamentarians. The book presents a detailed examination of the nature and extent of fiduciary duty, looking at the example of Australia and having regard to developments in comparable jurisdictions. It identifies principles that could improve the accountability of political actors for their responses to major problems that may extend over multiple electoral cycles.

"The Great Power of Attorney"

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Author :
Publisher :
ISBN 13 : 9780700624263
Total Pages : 0 pages
Book Rating : 4.6/5 (242 download)

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Book Synopsis "The Great Power of Attorney" by : Gary Lawson

Download or read book "The Great Power of Attorney" written by Gary Lawson and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Constitution is best understood, for purposes of interpretation, as a kind of fiduciary instrument, in which people entrust management of some of their affairs to others. Those kinds of documents were well known to eighteenth-century drafters and readers, and the Constitution is therefore best read against the background of fiduciary law with which the founding generation would have been familiar.

Green Book

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Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781522943518
Total Pages : 144 pages
Book Rating : 4.9/5 (435 download)

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Book Synopsis Green Book by : U.s. Department of the Treasury

Download or read book Green Book written by U.s. Department of the Treasury and published by Createspace Independent Publishing Platform. This book was released on 2015-12-28 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Welcome to the Green Book a comprehensive guide for financial institutions that receive ACH payments from the Federal government. Today, the vast majority of Federal payments are made via the ACH. With very few exceptions, Federal government ACH transactions continue to be subject to the same rules as private industry ACH payments. As a result, the Green Book continues to get smaller in size and is designed to deal primarily with exceptions or issues unique to Federal government operations.

Comptroller's Handbook for Fiduciary Activities

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Author :
Publisher :
ISBN 13 :
Total Pages : 364 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Comptroller's Handbook for Fiduciary Activities by : United States. Office of the Comptroller of the Currency. Multinational Banking Division

Download or read book Comptroller's Handbook for Fiduciary Activities written by United States. Office of the Comptroller of the Currency. Multinational Banking Division and published by . This book was released on 1990 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:

VA's Fiduciary Program :.

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (123 download)

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Book Synopsis VA's Fiduciary Program :. by : United States. Government Accountability Office

Download or read book VA's Fiduciary Program :. written by United States. Government Accountability Office and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fiduciary Duty and the Atmospheric Trust

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Author :
Publisher : Routledge
ISBN 13 : 1317135466
Total Pages : 312 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Fiduciary Duty and the Atmospheric Trust by : Charles Sampford

Download or read book Fiduciary Duty and the Atmospheric Trust written by Charles Sampford and published by Routledge. This book was released on 2016-04-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the application of concepts of fiduciary duty or public trust in responding to the policy and governance challenges posed by policy problems that extend over multiple terms of government or even, as in the case of climate change, human generations. The volume brings together a range of perspectives including leading international thinkers on questions of fiduciary duty and public trust, Australia's most prominent judicial advocate for the application of fiduciary duty, top law scholars from several major universities, expert commentary from an influential climate policy think-tank and the views of long-serving highly respected past and present parliamentarians. The book presents a detailed examination of the nature and extent of fiduciary duty, looking at the example of Australia and having regard to developments in comparable jurisdictions. It identifies principles that could improve the accountability of political actors for their responses to major problems that may extend over multiple electoral cycles.

Financial Report of the United States Government

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Author :
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Financial Report of the United States Government by :

Download or read book Financial Report of the United States Government written by and published by . This book was released on 2009 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: