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Conservation Trusts
In the wake of the Exxon Valdez oil spill, a conservation trust helped stabilize and regenerate the damaged area. When bird habitats along the Platte River were threatened by Grayrocks Dam, a similar trust came to their rescue. And if a family wants to protect its land for future generations, establishing a trust may be the best solution. For more than a century, bequests of land and funds for environmental protection have been common, but in recent decades the trusts used to address conservation issues and resolve environmental disputes have diversified and grown significantly. This book examines a variety of conservation organizations built on or close to trust principles—some government...
Fiduciary Law
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.
Appendix K
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Trust and Honesty
America's culture is moving in a new and dangerous direction, as it becomes more accepting and tolerant of dishonesty and financial abuse. Tamar Frankel argues that this phenomenon is not new; in fact it has a specific traceable past. During the past thirty years temptations and opportunities to defraud have risen; legal, moral and theoretical barriers to abuse of trust have fallen. She goes on to suggest that fraud and the abuse of trust could have a widespread impact on American economy and prosperity, and argues that the way to counter this disturbing trend is to reverse the culture of business dishonesty. Finally, she presents the following thesis: If Americans have had enough of financial abuse, they can demand of their leaders, of themselves, and of each other more honesty and trust and less cynicism. Americans can reject the actions, attitudes, theories and assumptions that brought us the corporate scandals of the 1990s. Though American society can have "bad apples," and its constituents hold differing opinions about the precise meaning of trust and truth, it can remain honest, as long as it aspires to honesty.
Regulation of Money Managers
The Regulation of Money Managers (with the original subtitle: The Investment Company Act and The Investment Advisers Act) was published in 1978 and 1980. The Second Edition, subtitled Mutual Funds and Advisers, was published in 2001 and has been annually updated since then. It is a comprehensive and exhaustive treatise on investment management regulation. The treatise covers federal and state statutes, their legislative history, common law, judicial decisions, rules and regulations of the Securities and Exchange Commission, staff reports, and other publications dealing with investment advisers and investment companies. The treatise touches on other financial institutions such as banks, insur...
Education Law
Education Law, 5th Edition is organized around the belief that students need to read court cases to understand the subtlety and richness of the law, but for legal neophytes, cases without discussion and interpretation are often too difficult to comprehend. This textbook provides a comprehensive survey of the legal problems and issues that confront school administrators and policymakers today. Thus, the text balances an explanation of the important principles of education law, with actual court decisions to illuminate these concepts. The court decisions are carefully edited to highlight issues most relevant to administrators, and each chapter explores implications for policy and practice. This new edition features additional content on bullying, student privacy, free speech rights, teacher evaluation, collective bargaining, and issues relating to Internet and technology as well as revised materials dealing with education policy and updating of references and case law throughout. A companion website with materials for students and instructors, including links to full cases, a glossary of key concepts, and discussion questions to help students further engage with the content.
The Forum
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Liability of Asset Managers
Given the international nature of the asset management industry, lawyers representing investors, asset managers, and regulators are often confronted with asset management agreements governed by foreign law. This book provides the necessary points of law and practice in the leading jurisdictions allowing lawyers to identify the main pitfalls concerning the foreign law in question. This book is the only comparative analysis of the law of asset manager liability in the major European jurisdictions, the United States, and Canada, each written by specialists from the relevant jurisdiction. This is a much-needed guide on the disparate regulation of asset manager liability in these countries highli...
