Fiduciary Law (S)


With few exceptions fiduciary law appears in all legal subjects: contract, tort and property; trusts and estates, agency and partnership; corporation and securities regulation; criminal law, health law, and civil procedure. You cannot escape it. We learn snippets of the subjects in different contexts. This course offers a view of fiduciary law as a legal category, highlights its uniqueness and history, and predicts its future development or disappearance. We sample statutory and common law fiduciaries of various kinds and ask: When and why do fiduciary duties arise? Why so many different fiduciaries with similar, but different rules? Are family members, the clergy, and broker-dealers fiduciaries? What are the remedies for the breach of their duties? Is contract a good and simplified substitute to this mess? Can civil law and common law systems in the fiduciary law area be unified, as we move to, or already are in, a global business environment? Course reading materials are a manuscript in the making. Students' comments and contributions are very welcome. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.