Category Archives: Equity and Trusts

Kenneth Pike, ‘The Trust Model of Children’s Rights’

ABSTRACT Is parental control over children best understood in terms of trusteeship or similar fiduciary obligations? This essay contemplates the elements of legal trusts and fiduciarity as they might relate to the moral relationship between children and parents. Though many accounts of upbringing advocate parent-child relationship models with structural resemblance to trust-like relationships, it is […]

Claudia Haupt, ‘Platforms As Trustees: Information Fiduciaries and the Value of Analogy’

ABSTRACT This article responds to Lina Khan and David Pozen’s ‘A Skeptical View of Information Fiduciaries’. Their thoughtful critique responds to Jack Balkin who has argued that the law should treat online service providers as ‘information fiduciaries’, based on an analogy to the fiduciary duties of professionals such as lawyers and doctors. Khan and Pozen’s […]

Matthew Collings, ‘The duties of a resulting trustee’

ABSTRACT The precise duties surrounding express trusts have caused issues enough (as we explore in this journal) – but what of the duties of resulting trustees? They have been considered in the authorities, and have been the subject of academic commentary, but have nevertheless remained somewhat opaque. A recent judgment in the Court of Appeal […]

‘Co-Trustees Can Sue To Remove A Co-Trustee Due To Hostility’

“In the Texas Court of Appeals case, Ramirez v Rodriguez, three co-trustees used a fourth trustee to have him removed ‘due to his hostile actions: he has engaged in a pattern of creating hostility and friction that impeded and/or affects the operations of the trust’. The fourth trustee (defendant) moved to dismiss the suit, however, […]

Paul Miller, ‘The Morality of Fiduciary Law’

ABSTRACT Recent work of fiduciary theory has provided conceptual synthesis requisite to understanding core fiduciary principles and the structure of fiduciary liability. However, normative questions have received only sporadic attention. What values animate fiduciary law? How does, or ought, fiduciary law prove responsive to them? Where in other areas of private law theory – notably, […]

‘SEALS, Jeffrey Epstein, and Equity in Trust Law and Corporate Law’

“Mitch Crusto, a long-term buddy from past Southeastern Association of Law Schools (SEALS) conferences, contacted me last year about participating in a discussion group at this year’s SEALS conference on issues surrounding and emanating from Jeffrey Epstein’s significant asset transfers to a trust (for the benefit of his brother) two days before his death, currently […]

Amnon Lehavi, ‘The Law of Trusts and Collective Action: A New Approach to Property Deadlocks’

ABSTRACT This Article identifies the key role that trust law can play in resolving collective action problems pertaining to assets with multiple stakeholders. Devising a multi-beneficiary trust may serve as an effective institutional alternative, when the direct governance of an asset by its co-owners reaches a deadlock, and the partition of the asset among them […]

Rosemary Langford, ‘Use of the Corporate Form for Public Benefit: Revitalisation of Australian Corporations Law’

ABSTRACT This article specifically addresses the theme of revitalisation of Australian law in the facilitation of purpose-based companies. It is the second of two articles on purpose-based governance in the charitable and for-profit spheres. Building on the first article, this article critically analyses relevant features of the Australian corporations law regime. It pays close attention […]

Rosemary Langford, ‘Purpose-based governance: a new paradigm’

ABSTRACT The permissibility of corporations pursuing purposes other than profit has been the subject of debate for a number of years. This debate has intensified recently with proposals to allow or mandate the adoption of purposes by corporations. At the same time, purpose is central to governance in the charitable sphere. This article proposes a […]

Rosemary Langford, ‘Conflicts and Coherence in the Charities Sphere: Would A Conflict by Any Other Name Proscribe the Same?’

ABSTRACT Proscriptions on conflicts of interest have long been a core component of governance regimes. In the charities sphere such proscriptions arise from a number of sources, including general law, statute and governance standards articulated by the regulator. Unfortunately the wording of relevant conflicts duties varies extensively, giving rise to acute incoherence and uncertainty. This […]