David Kershaw

The Foundations of Anglo-American Corporate Fiduciary Law

• Broschiertes Buch

Produktbeschreibung

Designed to enhance our understanding of the development of contemporary corporate fiduciary law. This book explores the foundations of the ideas and concepts that structure modern corporate fiduciary law and explains the drivers of the diverging approaches taken in the US and UK.

Produktdetails

• Verlag: Cambridge University Press
• Seitenzahl: 548
• Erscheinungstermin: 21. Januar 2021
• Englisch
• Abmessung: 229mm x 152mm x 29mm
• Gewicht: 784g
• ISBN-13: 9781107465305
• ISBN-10: 1107465303
• Artikelnr.: 60798023

Autorenporträt

David Kershaw is Professor of Law at the London School of Economics and Political Science. He holds an LL.B. from the University of Warwick, and an LL.M. and an SJ.D. from Harvard Law School. Prior to entering academic life he practiced corporate law in both London and New York. He is the author of multiple articles on corporate law, takeover law and accounting and audit regulation. He is the author of Company Law in Context (2012) and the Principles of Takeover Regulation (2016).

Inhaltsangabe

Introduction: corporate legal ideas; Part I. Business Judgment and the Idea
of Honesty in the Exercise of Delegated Power: 1. Business judgments:
origins; 2. Business judgments in UK corporate law; 3. The foundations of
the business judgement rule in the United States; 4. The structural
dissonance of Delaware's business judgment rule; Part II. The Duty of Care
and the Ideas of Reward and Undertaking: 5. Origins: between laxity and
terror in bailment and trusts law; 6. The origins of the director's duty of
care in the United States; 7. The Delaware duty of care: fragments of
jurisprudence; 8. The duty of care in the United Kingdom: in the shadow of
gross negligence; Part III. Self-Dealing and the Idea of the Corporation:
9. Conceptions of the corporation; 10. The United Kingdom: contracting out
of the common law; 11. The United States: the paths to fairness review;
Part IV. Connected Assets and the Idea of Property: 12. Connected assets
law in the United Kingdom: the property institution; 13. The modern UK
approach and the disappearance of property; 14. Connected assets law in the
United States: between property and prescription; 15. Explaining divergent
evolution in connected assets law.