Category Archives: Equity and Trusts

‘The Future of Fiduciary Law’: special number of William and Mary Law Review

The Authority of International Refugee Law (Evan J Criddle and Evan Fox-Decent) The Domains of Loyalty: Relationships Between Fiduciary Obligation and Intrinsic Motivation (Deborah A DeMott) Pernicious Loyalty (Andrew S Gold) On Trust: The UN Security Council as Fiduciary (Devika Hovell) Fiduciary Law and the Law of Public Office (Ethan J Leib and Andrew Kent) […]

‘Settlor’s self-settled trust liable for his debts post-death’

“Recently, the Massachusetts Supreme Judicial Court held that a ‘Settlor’s irrevocable trust which he had established for his own sole lifetime benefit could be attached after his death to pay his debts for his pre-death offenses’. The grim and terrifying facts of De Prins v Michaeles will leave you with chills. Two neighbor couples in […]

Gullifer, Chong and Liu, ‘Client-Intermediary Relations in the Crypto-Asset World’

ABSTRACT … This paper argues that the most likely (default) relationship between a crypto-asset intermediary and a client is one of trustee and beneficiary, although there are also other possible legal characterisations, namely outright title transfer, ‘quasi-bailment’, and mere obligations sounding in contract. Ultimately, in a particular case, the legal characterisation of the relationship, as […]

David Vladeck, ‘The Erosion of Equity and the Attack on the FTC’s Redress Authority’

… This Article proceeds in five parts. First, it explores the erosion of equity authority in United States federal courts. Next, it explains why the Court should uphold the FTC’s authority under Section 13(b) to seek compensatory redress. Third, it suggests that, in grappling with the scope of the FTC’s redress authority, the Court may […]

Ronald Scalise, ‘Some Fundamentals of Trusts: Ownership or Equity in Louisiana?’

ABSTRACT This Article takes up the issue and attempts to shed some light on the fundamental question of who owns the property in a trust under Louisiana law. To that end, it proceeds in the following parts: Part II provides background by discussing the trust in comparative perspective, tracing briefly its development and conception in […]

Samuel Bray, ‘A Student’s Guide to the Meanings of “Equity”’

ABSTRACT Equity remains a significant part of our legal system, but the different meanings of ‘equity’ often cause confusion. This essay distinguishes three meanings of the term: the distinctive treatment of an exceptional case, a moral reading of the law, and the doctrines and remedies developed in the Court of Chancery. By distinguishing these meanings, […]

Helleringer and Corradi, ‘Self-Dealing, Corporate Opportunities and the Duty of Loyalty – A US, UK and EU Comparative Perspective’

ABSTRACT The paper offers a comparative perspective on the duty of loyalty – encompassing both rules that govern self-dealing and corporate opportunity transactions. It compares the evolution of these two sets of rules in several European jurisdictions and in US Delaware law. The paper begins by comparing the approach to regulating self-dealing and related party […]

Deborah DeMott, ‘The Domains of Loyalty: Relationships Between Fiduciary Obligation and Intrinsic Motivation’

ABSTRACT Recent scholarly inquiry into fiduciary law predominantly focuses on whether the subject is a coherent field and not a piecemeal assortment of doctrinal detail. This Article looks to the future and to relationships between the formal domain of fiduciary law and other factors that shape conduct. These include intrinsic motivation, markets for professional services, […]

Kent Schenkel, ‘What Would Settlor Do? Immortal Trust Settlors, Federal Transfer Taxes, and the Protean Irrevocable Trust’

ABSTRACT The increasingly protean irrevocable trust puts substantive trust law and the federal transfer taxes at cross-purposes. State trust law’s overriding objective is simply to carry out the intent of the trust settlor. Settlors intend to manage or control the benefits from gifts over some period of time – that is, after all, the purpose […]

Hermosa and Malumián, ‘Trust in Spain?’

ABSTRACT Spain has no trust regulations at the national level. However, there are inheritance legal schemes with similar effects. Furthermore, certain autonomous regions of Spain could enact their own inheritance law regulations and provide legal institutions that are analogous to trusts. In this article, we review these institutions from both an academic and practical point […]