‘Bringing the Fiduciary Back In’

David Kershaw, ‘Delaware’s Fiduciary Imagination: Going Privates and Lord Eldon’s Reprise’, 98 Washington Law Review 1669 (2021). Wisdom sometimes is best recognized by a traveler. In ‘Delaware’s Fiduciary Imagination: Going Privates and Lord Eldon’s Reprise’, Professor David Kershaw of the London School of Economics revisits cases that we know very well, putting them in the context of British decisions, and elicits a distinction that appears obvious, yet comes as a bit of a surprise: There is a distinction between abuse of power and abuse of influence. These are two ideal types of the ‘source of obligation’ for fiduciaries … (more)

[Robert Rosen, JOTWELL, 22 June]

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