Author: James J. Fishman Publisher: ISBN: Category : Business & Economics Languages : en Pages : 392
Book Description
In recent years the nonprofit sector has been subject to numerous scandals, which have tarnished its reputation and brought demands for stricter regulation. It is often assumed these misdeeds reflect a recent change in the behavior of charities and of charitable fiduciaries, the people who work for nonprofits or serve on their boards. The reality is otherwise. Chicanery involving charities is timeless. The Faithless Fiduciary examines the enduring problem of opportunistic behavior by charitable fiduciaries, and the inability to create an effective system of oversight or accountability for charitable assets. The Faithless Fiduciary and the Quest for Charitable Accountability traces charity scandals, as well as attempts to counter such behavior from the thirteenth century to the present. One vehicle for examining the persistence of opportunistic fiduciary behavior is the Hospital of St. Cross, an almshouse founded in the twelfth century outside of the City of Winchester in Hampshire, England. St. Cross still serves the poor and offers a contemporary visitor, though unlikely to be a pilgrim on the way to Canterbury, a draught of beer and some bread. What is unique about this venerable charity is the recurrence of fiduciary wrongdoing by its leaders through the centuries in 1190, 1304, 1320, 1372, 1576, 1696, and 1853. Crossing the Atlantic, The Faithless Fiduciary examines charity scandals from the beginnings of European settlement to the present. This author offers several propositions: 1) a favorable attitude toward philanthropy has existed since the thirteenth century in both society in a normative sense and through the legal system's protection of charities; 2) many fiduciaries, regularly, in almost all contexts and periods, have breached their trust; and 3) the attempt to regulate charities and fiduciaries largely has been ineffective. The Faithless Fiduciary concludes with a proposal to make charities more accountable. "Jim Fishman is a good storyteller, and these stories -- of charitable abuses over the centuries -- are well researched, well analyzed, and well told. Professor Fishman's historical perspective is critically important today for anyone interested in the nonprofit sector. This book is required reading for practitioners, policy makers, government regulators, and scholars." -- Harvey Dale, University Professor of Philanthropy and the Law at the NYU School of Law "In this extraordinarily instructive and often dramatic volume, Professor Fishman chronicles eight centuries of governmental efforts, on both sides of the Atlantic, to deal with greed and sloth on the part of charitable officers and other fiduciaries. His relentless and imaginative scholarship yields an unmatched legal history of what he calls 'the quest for charitable accountability' and, at the same time, a series of absorbing scandal stories--from British almshouse corruption in the twelfth century to the crimes that sent United Way's chief executive to jail in 1995. The book ends with a fresh and promising proposal for the future policing of charity's faithless servants." -- Professor John Simon, Yale Law School "Professor Fishman's thoroughly researched, well-documented history demonstrates that something must be done to protect the intended recipients of charity -- and the general public -- from 'the faithless fiduciary.'" -- Harvard Law Review
Author: Evan J. Criddle Publisher: Oxford University Press ISBN: 0190941499 Category : Law Languages : en Pages : 1028
Book Description
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.
Author: Andrew S. Gold Publisher: OUP Oxford ISBN: 0191005290 Category : Law Languages : en Pages : 543
Book Description
Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.
Author: James J. Fishman
Author: Evan J. Criddle
Author: Andrew S. Gold
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