The Oxford Handbook of Fiduciary Law

2019 ◽  
Keyword(s):  
Empirical Analysis ◽  
Future Research ◽  
Legal Systems ◽  
Comprehensive Overview ◽  
Fiduciary Duties ◽  
Key Concepts ◽  
Fiduciary Relationships ◽  
The Many

The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law’s key concepts and principles. Chapters in the volume explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The Handbook also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world’s legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, the Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students of this essential field of law.

scholarly journals Democracy without Solidarity: Political Dysfunction in Hard Times – Introduction to Special Issue

2016 ◽  
Vol 52 (2) ◽  
pp. 185-210 ◽  
Author(s):  
Erik Jones ◽  
Matthias Matthijs
Keyword(s):  
Future Research ◽  
Causal Mechanism ◽  
Special Issue ◽  
Contemporary Debate ◽  
Root Cause ◽  
The Third ◽  
The Past ◽  
Key Concepts ◽  
Hard Times ◽  
The Many

Why do democratic institutions struggle to maintain their vitality and legitimacy in hard times? In this special issue ofGovernment and Opposition, we identify a loss of solidarity as the root cause of Western political dysfunction over the past decade. The argument is developed in four parts. The first part is theoretical insofar as it sketches the causal mechanism that describes what we mean by democratic dysfunction. Here we set out some of the key concepts that are central to our project. The second part is empirical insofar as it offers four negative illustrations of the fundamentalproblématique, which gives us the opportunity to suggest why this collection of research articles is relevant to the contemporary debate on democracy and its discontents. The third part explores the many possible sources of democratic dysfunction, which we have organized around two thematic clusters. Here we introduce the other articles in our special issue. The fourth and last part suggests implications of living in a democratic world with waning solidarity, allowing us to draw preliminary conclusions and suggest avenues for future research.

Property Rights, Fiduciary Duties, and the Control of Assets

2018 ◽  
Author(s):  
Aruna Nair
Keyword(s):  
Property Rights ◽  
Case Law ◽  
Property Right ◽  
Formal Structure ◽  
Fiduciary Duties ◽  
Legal Power ◽  
The Law ◽  
Fiduciary Relationships ◽  
Relationship Of

This chapter examines the law governing the availability of claims to traceable proceeds. It argues that the language used in the case law—which uses the terminology of property rights and of fiduciary relationships—cannot fully explain the law, since such claims are often available in the absence of fiduciary duties and are not available to holders of many types of property right. It argues that such claims instead presuppose a relationship of ‘control of assets’: where the defendant has a legal power to deal with some asset, correlating to a vulnerability to a loss of rights in that asset on the part of the claimant, and coupled with a duty not to exercise the power. It argues that relationships that have this formal structure also share normative characteristics that justify the subordination of defendant autonomy that has been shown to be at the heart of the tracing concept.

Fiduciary Principles in Contemporary Common Law Systems

2019 ◽  
pp. 564-582
Author(s):  
Matthew Conaglen
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
Good Faith ◽  
Fiduciary Duty ◽  
Standards Of Care ◽  
Duty Of Care ◽  
Fiduciary Duties ◽  
Similarities And Differences ◽  
Fiduciary Relationships

This chapter examines the principles of fiduciary doctrine that are found in contemporary common law systems. More specifically, it considers the current similarities and differences between various jurisdictions such as England, Australia, Canada, and the United States. The similarities focus on the duties of loyalty, care and skill, and good faith, as well as when fiduciary duties arise and the kinds of interests that are protected by recognition of fiduciary relationships. The chapter also discusses the issue of differences between various jurisdictions with regard to the duty of care and skill before concluding with an analysis of differences between remedies that are made available in the various contemporary common law jurisdictions when a breach of fiduciary duty arises. It shows that the regulation of fiduciaries appears to be reasonably consistent across common law jurisdictions and across various types of actors, even as such actors are expected to meet differing standards of care. Statute plays a key role in the regulation of various kinds of fiduciary actors, especially corporate directors.

scholarly journals Three-Dimensional Thematic Map Imaging of the Yacht Port on the Example of the Polish National Sailing Centre Marina in Gdańsk

2021 ◽  
Vol 11 (15) ◽  
pp. 7016
Author(s):  
Pawel S. Dabrowski ◽  
Cezary Specht ◽  
Mariusz Specht ◽  
Artur Makar
Keyword(s):  
Spatial Data ◽  
Convex Surface ◽  
Dimensional Space ◽  
Three Dimensional ◽  
Future Research ◽  
Two Dimensional ◽  
Thematic Maps ◽  
Research Directions ◽  
Future Research Directions ◽  
The Many

The theory of cartographic projections is a tool which can present the convex surface of the Earth on the plane. Of the many types of maps, thematic maps perform an important function due to the wide possibilities of adapting their content to current needs. The limitation of classic maps is their two-dimensional nature. In the era of rapidly growing methods of mass acquisition of spatial data, the use of flat images is often not enough to reveal the level of complexity of certain objects. In this case, it is necessary to use visualization in three-dimensional space. The motivation to conduct the study was the use of cartographic projections methods, spatial transformations, and the possibilities offered by thematic maps to create thematic three-dimensional map imaging (T3DMI). The authors presented a practical verification of the adopted methodology to create a T3DMI visualization of the marina of the National Sailing Centre of the Gdańsk University of Physical Education and Sport (Poland). The profiled characteristics of the object were used to emphasize the key elements of its function. The results confirmed the increase in the interpretative capabilities of the T3DMI method, relative to classic two-dimensional maps. Additionally, the study suggested future research directions of the presented solution.

scholarly journals Organizational Commitment and Lean Sustainability: Literature Review and Directions for Future Research

2021 ◽  
Vol 13 (6) ◽  
pp. 3357 ◽  
Author(s):  
Amal Benkarim ◽  
Daniel Imbeau
Keyword(s):  
Organizational Commitment ◽  
Literature Review ◽  
Lean Manufacturing ◽  
Affective Commitment ◽  
Management Practices ◽  
Employee Commitment ◽  
Future Research ◽  
Comprehensive Overview ◽  
Narrative Literature Review ◽  
Key Aspects

The vast majority of works published on Lean focus on the evaluation of tools and/or the strategies needed for its implementation. Although many authors highlight the degree of employee commitment as one of the key aspects of Lean, what has gone largely unnoticed in the literature, is that few studies have examined in-depth the concept of organizational commitment in connection with Lean. With this narrative literature review article, our main objective is (1) to identify and analyze an extensive body of literature that addresses the Lean Manufacturing approach and how it relates to employee commitment, emphasizing affective commitment as the main type of organizational commitment positively associated with Lean, and (2) to highlight the management practices required to encourage this kind of commitment and promote the success and sustainability of Lean. This paper aims to provide a comprehensive overview that can help researchers and practitioners interested in Lean better understand the importance of employee commitment in this type of approach, and as well, to identify related research questions.

scholarly journals Review on the Use of Artificial Intelligence to Predict Fire Performance of Construction Materials and Their Flame Retardancy

Molecules ◽  
2021 ◽  
Vol 26 (4) ◽  
pp. 1022
Author(s):  
Hoang T. Nguyen ◽  
Kate T. Q. Nguyen ◽  
Tu C. Le ◽  
Guomin Zhang
Keyword(s):  
Artificial Intelligence ◽  
Flame Retardancy ◽  
Material Science ◽  
Construction Materials ◽  
Engineering Problem ◽  
Future Research ◽  
Fire Performance ◽  
Structural Components ◽  
Comprehensive Overview ◽  
Fire Engineering

The evaluation and interpretation of the behavior of construction materials under fire conditions have been complicated. Over the last few years, artificial intelligence (AI) has emerged as a reliable method to tackle this engineering problem. This review summarizes existing studies that applied AI to predict the fire performance of different construction materials (e.g., concrete, steel, timber, and composites). The prediction of the flame retardancy of some structural components such as beams, columns, slabs, and connections by utilizing AI-based models is also discussed. The end of this review offers insights on the advantages, existing challenges, and recommendations for the development of AI techniques used to evaluate the fire performance of construction materials and their flame retardancy. This review offers a comprehensive overview to researchers in the fields of fire engineering and material science, and it encourages them to explore and consider the use of AI in future research projects.

scholarly journals Thermoplastic Pultrusion: A Review

Polymers ◽  
2021 ◽  
Vol 13 (2) ◽  
pp. 180
Author(s):  
Kirill Minchenkov ◽  
Alexander Vedernikov ◽  
Alexander Safonov ◽  
Iskander Akhatov
Keyword(s):  
Composite Structures ◽  
Raw Materials ◽  
Thermoplastic Composites ◽  
Future Research ◽  
Transportation Industry ◽  
Architectural Engineering ◽  
Simulation Techniques ◽  
New Perspective ◽  
The Many ◽  
Lower Production

Pultrusion is one of the most efficient methods of producing polymer composite structures with a constant cross-section. Pultruded profiles are widely used in bridge construction, transportation industry, energy sector, and civil and architectural engineering. However, in spite of the many advantages thermoplastic composites have over the thermoset ones, the thermoplastic pultrusion market demonstrates significantly lower production volumes as compared to those of the thermoset one. Examining the thermoplastic pultrusion processes, raw materials, mechanical properties of thermoplastic composites, process simulation techniques, patents, and applications of thermoplastic pultrusion, this overview aims to analyze the existing gap between thermoset and thermoplastic pultrusions in order to promote the development of the latter one. Therefore, observing thermoplastic pultrusion from a new perspective, we intend to identify current shortcomings and issues, and to propose future research and application directions.

scholarly journals Small RNA-Sequencing: Approaches and Considerations for miRNA Analysis

Diagnostics ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. 964
Author(s):  
Sarka Benesova ◽  
Mikael Kubista ◽  
Lukas Valihrach
Keyword(s):  
Rna Sequencing ◽  
Small Rna ◽  
High Sensitivity ◽  
Small Rna Sequencing ◽  
Rna Seq ◽  
Liquid Biopsies ◽  
Comprehensive Overview ◽  
Rna Molecules ◽  
Novel Mirna ◽  
The Many

MicroRNAs (miRNAs) are a class of small RNA molecules that have an important regulatory role in multiple physiological and pathological processes. Their disease-specific profiles and presence in biofluids are properties that enable miRNAs to be employed as non-invasive biomarkers. In the past decades, several methods have been developed for miRNA analysis, including small RNA sequencing (RNA-seq). Small RNA-seq enables genome-wide profiling and analysis of known, as well as novel, miRNA variants. Moreover, its high sensitivity allows for profiling of low input samples such as liquid biopsies, which have now found applications in diagnostics and prognostics. Still, due to technical bias and the limited ability to capture the true miRNA representation, its potential remains unfulfilled. The introduction of many new small RNA-seq approaches that tried to minimize this bias, has led to the existence of the many small RNA-seq protocols seen today. Here, we review all current approaches to cDNA library construction used during the small RNA-seq workflow, with particular focus on their implementation in commercially available protocols. We provide an overview of each protocol and discuss their applicability. We also review recent benchmarking studies comparing each protocol’s performance and summarize the major conclusions that can be gathered from their usage. The result documents variable performance of the protocols and highlights their different applications in miRNA research. Taken together, our review provides a comprehensive overview of all the current small RNA-seq approaches, summarizes their strengths and weaknesses, and provides guidelines for their applications in miRNA research.

scholarly journals Endocrine Disrupting Chemicals and Thyroid Cancer: An Overview

Toxics ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 14
Author(s):  
Mathilda Alsen ◽  
Catherine Sinclair ◽  
Peter Cooke ◽  
Kimia Ziadkhanpour ◽  
Eric Genden ◽  
...  
Keyword(s):  
Thyroid Cancer ◽  
Flame Retardants ◽  
Endocrine Disrupting Chemicals ◽  
National Institutes Of Health ◽  
Future Research ◽  
National Library ◽  
Comprehensive Overview ◽  
Carcinogenic Effect ◽  
Increased Risk ◽  
Endocrine Disrupting

Endocrine disruptive chemicals (EDC) are known to alter thyroid function and have been associated with increased risk of certain cancers. The present study aims to provide a comprehensive overview of available studies on the association between EDC exposure and thyroid cancer. Relevant studies were identified via a literature search in the National Library of Medicine and National Institutes of Health PubMed as well as a review of reference lists of all retrieved articles and of previously published relevant reviews. Overall, the current literature suggests that exposure to certain congeners of flame retardants, polychlorinated biphenyls (PCBs), and phthalates as well as certain pesticides may potentially be associated with an increased risk of thyroid cancer. However, future research is urgently needed to evaluate the different EDCs and their potential carcinogenic effect on the thyroid gland in humans as most EDCs have been studied sporadically and results are not consistent.

SNF1-related protein kinase 1: the many-faced signaling hub regulating developmental plasticity in plants

2021 ◽  
Author(s):  
Muhammed Jamsheer K ◽  
Manoj Kumar ◽  
Vibha Srivastava
Keyword(s):  
Protein Kinase ◽  
Environmental Conditions ◽  
Protein Trafficking ◽  
Developmental Plasticity ◽  
Inositol Phosphate ◽  
Future Research ◽  
Primary Metabolism ◽  
Related Protein ◽  
Comprehensive Overview ◽  
Cellular Processes

AbstractThe Snf1-related protein kinase 1 (SnRK1) is the plant homolog of the heterotrimeric AMP-activated protein kinase/sucrose non-fermenting 1 (AMPK/Snf1), which works as a major regulator of growth under nutrient-limiting conditions in eukaryotes. Along with its conserved role as a master regulator of sugar starvation responses, SnRK1 is involved in controlling the developmental plasticity and resilience under diverse environmental conditions in plants. In this review, through mining and analyzing the interactome and phosphoproteome data of SnRK1, we are highlighting its role in fundamental cellular processes such as gene regulation, protein synthesis, primary metabolism, protein trafficking, nutrient homeostasis, and autophagy. Along with the well-characterized molecular interaction in SnRK1 signaling, our analysis highlights several unchartered regions of SnRK1 signaling in plants such as its possible communication with chromatin remodelers, histone modifiers, and inositol phosphate signaling. We also discuss potential reciprocal interactions of SnRK1 signaling with other signaling pathways and cellular processes, which could be involved in maintaining flexibility and homeostasis under different environmental conditions. Overall, this review provides a comprehensive overview of the SnRK1 signaling network in plants and suggests many novel directions for future research.

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