The Critical Resource Theory of Fiduciary Duty

A Theory of Fiduciary Liability – McGill Law Journal / Revue de droit de McGill – Érudit

An article from McGill Law Journal / Revue de droit de McGill, on Érudit.

The Fiduciary Obligation

ROBERT FLANNIGAN; The Fiduciary Obligation, Oxford Journal of Legal Studies, Volume 9, Issue 3, 1 October 1989, Pages 285–322, https://doi.org/10.1093/ojls

Radical Skepticism About Information Fiduciaries

Khan and Pozen are right to note the fundamental conflict between “information fiduciary” duties and shareholder interests. I only wish to add two further points in service of a radical skepticism towards the information fiduciary concept.

A Tale of Two Theories (of Coordination)

Leveraging and Deleveraging Toward Thick Sovereignty

The Marginal Productivity Theory of Distribution : A Critical History

The Marginal Productivity Theory of Distribution (MPTD) claims that in a free-market economy the demand for a factor of production will depend upon its marginal product – where "marginal product" is defined as the change in total product that is caused by, or that follows, the addition or subtraction of the marginal unit of the factor used in the production process, with all other inputs held constant. From its inception in the early nineteenth century the MPTD has been claimed by some economists to be a solution to the ethical problem of distributive justice, i.e. to be a means of determining fairness in wages, profits, interest and rent. Other economists have rejected this ethical claim, but have seen the MPTD as a valid demand-side criterion in the determination of equilibrium and efficiency. This book argues that the MPTD is valid, neither as a normative theory of social justice, nor as a positive law of economics. It suggests that economics is yet to develop a satisfactory theory of distribution that is scientific in the quantitative or mathematical sense. Through a survey of the origin and subsequent evolution of the MPTD in the writings of over 50 contributors over 150 years, John Pullen presents a critical history of the concept. The book begins by examining the conceptual tools that have been deployed to facilitate this analysis of past contributions to the MPTD and then looks at various economists and their contribution to the debate including its supporters such as Wicksteed, Marshall, Wicksell and Stigler, and its critics such as Pareto, Hobson, Edgeworth, Adriance and Cassel.

Price and Sovereignty Harvard Law Review

[W]e must not overlook the actual fact that dominion over things is also imperium over our fellow human beings. — Professor Morris R. Cohen,...

CopyFair License - P2P Foundation

= a type of licensing or agreement that aims to re-introduce the principle and practice of reciprocity in markets that use mutualized knowledge (commons), by regulating contributions to these commons for those that commercialize it

The Productive State

On Governing The Supply Side

Opus 4.7 Part 2: Capabilities and Reactions

Claude Opus 4.7 raises a lot of key model welfare related concerns.

Symposium: A Skeptical View of Information Fiduciaries

In recent years, the concept of “information fiduciaries” has surged to the forefront of debates on platform regulation. In a forthcoming essay, we question the wisdom of applying a fiduciary framework to dominant digital platforms.

Laws of Tech: Commoditize Your Complement

A classic pattern in technology economics, identified by Joel Spolsky, is layers of the stack attempting to become monopolies while turning other layers into perfectly-competitive markets which are commoditized, in order to harvest most of the consumer surplus; discussion and examples.

Pay Enough or Don't Pay at All*

Abstract. Economists usually assume that monetary incentives improve performance, and psychologists claim that the opposite may happen. We present and disc

The Technological Construction of Social Power

This essay presents a theory of the role of technology in the distribution and exercise of social power. The paper studies how technical artefacts and systems are used to construct, maintain or st...

« Face aux canicules toujours plus précoces, intenses et prolongées, l’isolation thermique est impuissante, voire contre-productive »

TRIBUNE. Ce que l’isolation sait le mieux faire, c’est retenir la chaleur à l’intérieur, explique l’expert en énergies Cédric Philibert, dans une tribune au « Monde », qui recommande l’usage de pompes à chaleur, plus versatiles.