Fiduciary Duty and the Market: Private Law and the Public Good

2008 ◽  
Author(s):  
Pamela Hanrahan
2018 ◽  
Vol 3 (1) ◽  
pp. 85-97
Author(s):  
Victoria Gitau

The inception of sports betting in Kenya has brought forth great excitement to prospective bettors and shrewd betting operators which has resulted in an equal amount of controversy and muddle. This note seeks to address the conflict between the private profit that investors and the economy reap, and the public good that the state owes its citizens by virtue of its fiduciary duty over its people. The author scrutinises the current law of sports betting in Kenya to demonstrate that it is not sufficient to speak to the two conflicting issues and that a concession is possible.


1999 ◽  
Author(s):  
Mark E. Sibicky ◽  
Cortney B. Richardson ◽  
Anna M. Gruntz ◽  
Timothy J. Binegar ◽  
David A. Schroeder ◽  
...  
Keyword(s):  

2017 ◽  
Vol 1 (1) ◽  
pp. 1-8
Author(s):  
Andrew R. Kear

Natural gas is an increasingly vital U.S. energy source that is presently being tapped and transported across state and international boundaries. Controversy engulfs natural gas, from the hydraulic fracturing process used to liberate it from massive, gas-laden Appalachian shale deposits, to the permitting and construction of new interstate pipelines bringing it to markets. This case explores the controversy flowing from the proposed 256-mile-long interstate Nexus pipeline transecting northern Ohio, southeastern Michigan and terminating at the Dawn Hub in Ontario, Canada. As the lead agency regulating and permitting interstate pipelines, the Federal Energy Regulatory Commission is also tasked with mitigating environmental risks through the 1969 National Environmental Policy Act's Environmental Impact Statement process. Pipeline opponents assert that a captured federal agency ignores public and scientific input, inadequately addresses public health and safety risks, preempts local control, and wields eminent domain powers at the expense of landowners, cities, and everyone in the pipeline path. Proponents counter that pipelines are the safest means of transporting domestically abundant, cleaner burning, affordable gas to markets that will boost local and regional economies and serve the public good. Debates over what constitutes the public good are only one set in a long list of contentious issues including pipeline safety, proposed routes, property rights, public voice, and questions over the scientific and democratic validity of the Environmental Impact Statement process. The Nexus pipeline provides a sobering example that simple energy policy solutions and compromise are elusive—effectively fueling greater conflict as the natural gas industry booms.


Author(s):  
Pascale Chapdelaine

This chapter proposes two principles that should inform the development of copyright law and policy and of user rights. The first calls for more cohesion between copyright law, private law, and public law, and for less exceptionalism in copyright law. The second requires that the balance in copyright law be adjusted for its future application as a mediation tool between the competing interests of copyright holders, users, intermediaries, and the public. Instituting positive obligations for copyright holders in relation to users and steering freedom of contract toward the objectives of copyright law are necessary regulatory changes to rectify ongoing imbalances. The principle of technological neutrality should guide the judiciary in its application of copyright’s objective of promoting a balance in copyright law. The proposed guiding principles lead to the creation of a taxonomy and hierarchy of copyright user rights that take into account the myriad ways users experience copyright works.


Author(s):  
Robert Leckey

Through the narrow entry of property disputes between former cohabitants, this chapter aims to clarify thinking on issues crucial to philosophical examination of family law. It refracts big questions—such as what cohabitants should owe one another and the balance between choice and protection—through a legal lens of attention to institutional matters such as the roles of judges and legislatures. Canadian cases on unjust enrichment and English cases quantifying beneficial interests in a jointly owned home are examples. The chapter highlights limits on judicial law reform in the face of social change, both in substance and in the capacity to acknowledge the state's interest in intimate relationships. The chapter relativizes the focus on choice prominent in academic and policy discussions of cohabitation and highlights the character of family law, entwined with the general private law of property and obligations, as a regulatory system.


Author(s):  
Alasdair Cochrane

Chapter 3 asks what kinds of institutions are needed to protect the worth and rights of sentient creatures. The chapter’s ultimate claim is that they are best protected by democratic institutions: that is, institutions which are participative, deliberative, and representative, and underpinned by a set of entrenched rights. Crucially, the chapter further argues that those institutions should be comprised of dedicated animal representatives. The job of those representatives should be to act as trustees of the interests of ‘animal members’ of the political community. In other words, their job should be to translate the interests of animals with whom we share a ‘community of fate’ into their deliberations with other representatives over what is in the public good.


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