| Accessory Liability and Contribution, Release and Apportionment by Alison Gurr
(ssrn.com) (2010) 
A
chaotic palette: conflict of laws in litigation between original
owners and good-faith purchasers of stolen art by Patricia
Youngblood Yeyhan (Duke Law Jour) (February 2001) A comparative evaluation of developments in equitable relief for breach of fiduciary duty and breach of trust by Malcolm Cope (QUT Law and Justice Jour) (2006)
A Powers-Based
Approach to the Protection of Ideas by Larissa Katz (2005)
 (also )
Bad Faith in Cyberspace: Grounding Domain Name Theory in Trademark, Property and Restitution by Jacqueline Lipton (Harvard Jour of Law and Technology) (ssrn.com) (October 2009)
Barnes v. Addy Claims and the Indefeasibility of Torrens Title by Matthew Harding
(ssrn.com) (March 2008) Breach
of fiduciary duties by a solicitor - What is an appropriate
equitable remedy? An analysis of Maguire and Tansey v.
Makaronis and Makaronis by K L Liew (High Court
Rev) (1995)
Breach
of Fiduciary Duty: On Justifiable Expectations of Loyalty
and Their Consequences by Deborah Demott (Duke Law
School Legal Studies Papers) (ssrn.com) (August 2006) Breach
of fiduciary duty: The alternative remedies by Denis SK
Ong (Bond Law Rev) (December 1999)
Breach
of Trust - Are You Exposed? by Duncan W Glaholt and Markus
Rotterdam (Glaholt) (1999)
Caught
in the Tangled Web - note onTwinsectra v. Yardley (CA)
by Alistair Speirs (Web Jour of Current Legal Issues)
(2000)
Causation and Breach of Fiduciary Duty by Vicki Vann (Singapore Jour of Legal Stud) (ssrn.com) (2006)
Causation, Remoteness, and Fiduciary Gains by Charles Mitchell (abstract only) (King's Law Jour) (2006)
Chattels
Attached to Chattels by Andrew Alston (Australasian Law
Teachers' Association) (1995) (also here)
Common
Law, Common Sense: Fiduciary Standards and Trustee Identity
by Melanie B Leslie (Cardozo Law Rev) (ssrn.com) (2005)
Constructive
trusts and all crimes money laundering legislation: is there
a problem? by Alan Binnington (Jersey Law Rev) (1998)
Constructive
Trusts and Tipping Off by Daren Allen (TACT Rev)
(April 2001) Court
Denies Negotiated Fee For Trustee of Charitable Trust
(Nonprofit Issues) (June 2006)
Cultural
Property, Restitution and Value by Janna Thompson (abstract only) (2003)
Curing
Execution Errors and Mistaken Terms in Wills by John H
Langbein (ABA) (American Bar Association) (September 2005)
Customer
payments misappropriated by factor's client by Paul Davidson
Taylor (also here)
(PDT)
Dishonesty
and unconscionable conduct in commercial life - some reflections
on accessory liability and knowing receipt
by Robert Walker (John Lehane Memorial Lecture) (August
2004) (also here)
Disloyal
Agents by Deborah DeMott (ssrn) (Alabama Law Rev)
(Spring 2007)
Distribution
and retention of title by Fabio Marazzi (Marazzi,
Roncoli and Partners) (February 2000)
Does
title to property pass where its purported transfer is caused
by the purported transferor's mistake?
by Denis SK Ong (Bond Law Rev) (June 2000)
Ending Surprise Liens on Real Property
by Chad J Pomeroy (Nevada Law Rev) (ssrn.com) (July 2010)
Entity
taxation and trusts arising by operation of law by John
Glover Equity by James Edelman (ssrn.com) (2010)
Escape
from the Tangled Web - note on Twinsectra v. Yardley
(HL) by Alistair Speirs (Web Jour of Current Legal
Issues) (2002) 'Eventually They Get It All' ... Government Management of Aboriginal Trust Money in New South Wales by Sean Brennan and Zoe Craven (Univ of NSW Faculty of Law Research Series) (September 2006)
Fact-Based Fiduciary Accountability in Canada by Robert Flannigan (Advocates' Quarterly) (ssrn.com) (2010)
Fiduciaries by Kenneth M Rosen (Alabama Law Rev) (ssrn.com) (2007)
"Fiduciarity"
- What are the dangers and can you avoid them? by Keith
Wallace (TACT Rev) (October 2000) Fiduciary Mechanics by Robert Flannigan
(ssrn.com) (August 2008)
Fiduciary Obligations and the Remedial Constructive Trust by Beth Nosworthy (ssrn.com) (November 2010)
Fiduciary
Obligations in Australia: The Essential Ingredient by
Mark R Bender (ssrn.com) (June 2006)
Fiduciary Obligations in the Supreme Court of Canada: A Retrospective by
Anthony Duggan (ssrn.com) (May 2010) Florida's
troubled inland protection trust fund: common law actions
as alternative remedies for an innocent buyer of contaminated
commercial land by Robert Bass (also here
) (Jour
of Land Use and Environmental Law) (1995)
Foskett
v. McKeown - Hard-Nosed Property Rights or Unjust Enrichment?
by Tang Hang Wu (Melbourne Univ Law Rev) (also here)
(2001)
Four Fiduciary Puzzles by
James Edelman (ssrn.com) (2010) Friends as Fiduciairies by Ethan Leib (Washington University Law Rev) (ssrn.com) (April 2008)
Gains-Based Remedies in the Supreme Court of Canada by Anthony Duggan (Univ Toronto, Legal Studies Research Paper) (ssrn.com) (January 2008)
Girardo
v. Antonioli, 56 Cal Rptr 2d 687 (Cal. 1996) (mortgages;
discharge; underpayment) by Patrick A Randolph, Jr
Guarding the Fiduciary's Conscience a Justification of a Stringent Profit-Stripping Rule by Irit Samet (abstract only) (Oxford Jour of Legal Stud) (ssrn.com) (2008)
Holding the Government to Account: The ‘Stolen Wages’ Issue, Fiduciary Duty and Trust Law by Stephen Gray (Melbourne Univ Law Rev) (2008)
Ignorance and Unjust Enrichment: The Problem of Title by William Swadling (abstract only) (Oxford Jour of Legal Studies) (2008) In
personam, Garcia v. NAB and the Torrens system - Are
they reconcilable? by Lynden Griggs (QUT Law & Justice
Jour)
(2001)
In
the matter of the Esteem Settlement and the Number 52 Trust
(Judgment of the Royal Court of Jersey of 17 January 2002)
by Carey Olsen (briefing note) Investment
banks as fiduciaries: implications for conflicts of interest
by Andrew Tuch (Melbourne Univ Law Rev) (2005)
Involuntary
trusts and liens by John T Blanchard (1997)
Is Fiduciary Law Efficient? A Preliminary Analysis by Leonard I Rotman (ssrn.com) (October 2009)
Jersey's new private international law rules for trusts – A response by Daniel Hochberg (Jersey and Guernsey Law Rev) (February 2007)
"Knowing Receipt" Following Farah Constructions Pty Ltd v Say-Dee Pty Ltd by Hugh Atkin (Sydney Law Rev) (2008)
Knowing
Receipt: Re Montagu's Settlement Trusts Revisited
by Peter Birks (abstract only) (Global Jurist) (2001)
Landlord
Required To Pay Tenants For Repairs And Improvements (Michael
F X Gillin and Associates) (1999)
Legal
Protection of Trade Secrets by Vandana Pai and Ramya Seetharaman
(ebc-india) (2004)
Licence
trusts: Disputes over entitlements by Brad Caldwell (AdmiraltyLaw.com)
(July 2002)
Mental
Competence and Undue Influence (excerpts) by Martin Blinder
Mercedes
Benz: Bad Business makes Hard Law - Part 1 and Part
2 by Alan L Tyree (Jour of Banking and Finance Law
and Practice) (also here
and here)
(1997)
Mistaking the Trust by Lionel Smith (ssrn.com) (2011)
Mutual
Wills and Contracts not to Revoke - The Case of Voluntary
and Involuntary Revocation by RA Hughes (Jour of South
Pacific Law) (1999)
Mutual
wills: contemporary reflections on an old doctrine by
Rosalind Croucher (Melbourne Univ Law Rev) (2005)
On Fitting Trusts into Civil Law Jurisdictions by Tony Honoré (Oxford Legal Studies Research Papers) (ssrn.com) (September 2008)
Overpayments
to beneficiaries: remedies and defences by Andrew Simmonds
(APL) (2000)
Parent to Child Transfers: Gift or Resulting Trust? by Susan Barkehall-Thomas (ssrn) (2010)
Philosophical Foundations of Proprietary Remedies by Lionel Smith (ssrn) (2009)
Proceeds of crime - Challenging suspicions by Matthew Thompson (Jersey and Guernsey Law Rev) (February 2007)
Proprietary
Estoppel and Formalities in Land Law and the Land Registration
Act 2002: A Theory of Unconscionability by Martin Dixon
Proprietary Remedies in Insolvency: A Comparison of the Restatement Third on Restitution and Unjust Enrichment with English and Commonwealth Law by Anthony Duggan (ssrn.com) (2011)
Profits
recoverable in common law tracing claim: Trustee of the
Property of FC Jones and Sons (a Firm) v. Jones by
Wan Er Chu and Paul Todd (Web Jour of Current Legal Issues)
(1996) Protecting
the Elderly: Helping elderly clients who have been financially
exploited by Douglas Chalgian (Michigan Bar Jour)
(February 2002)
Psychologists'
Roles in Cases Involving Disputed Wills, Contracts, Deeds,
Accounts, Powers of Attorney and Marriages In Washington
by Brett Trowbridge (Trowbridge Foundation)
Quistclose and Romalpa: Ambivalence and Contradiction by Lusina Ho and Philip Smart (Hong Kong Law Jour) (ssrn.com) (2009)
Reconciling
'irreconcilable principles' – A revisionist view of the defaulting
fiduciary's 'generous equitable allowance' by Lee Aitken (Bond Law Rev) (1993)
Rectification
of wills: recent developments in Jersey by Michael O'Connell
(Jersey Law Rev) (2001)
Rediscovering the Duty of Obedience: Toward a Trinitarian Theory of Fiduciary Duty by Rob Atkinson (FSU College of Law Public Law Research Paper) (ssrn.com) (May 2008)
Rehabilitating the Common Intention Trust by Darryn Jensen (ssrn.com) (November 2008)
Remedies
of beneficiaries and of third parties following breach of
trust by Paolo Sebastianutti
Restitution
and Property Rites: Reason and Ritual in the Law of Proprietary
Remedies by Craig Rotherham (abstract only) (Theor
Inq in Law) (January 2000)
Restitution, coercion by a third party, and the proper role of notice
by Eoin O'Dell (1997)
Restitution
in Bankruptcy: Why All Involuntary Creditors Should be Preferred
by Hanoch Dagan (abstract only) (American Bankruptcy Law
Jour) (2004)
Restitution,
Rectification, and Mitigation: Negligent Solicitors and Wills,
Again by Eoin O'Dell (Modern Law Rev) (2002)
Rocking
Wrigley: The Chicago Cubs' Off-Field Struggle to Compete for
Ticket Sales with its Rooftop Neighbors by Ronnie Bitman
(Federal Communications Law Jour) (2004)
Romalpa
clauses by Denis SK Ong (Bond Law Rev) (December
2000)
Simplifying Claims to Traceable Proceeds by Lionel Smith (ssrn.com) (2009)
Tainted
Evidence of a Trust: Nelson v. Nelson by Derek
Davies (High Court Rev) (1995)
Taking
it back: An Anglo-American comparative study on restitution
for mistaken gifts by Hang Wu Tang (Jean Monnet Center,
NYU) (2004)  The Case of Mixt Monies: Confirming Nominalism in the Common Law of Monetary Obligations by David Fox (ssrn.com) (2010)
The Case that Fell to Earth, Sinclair v Brougham by Eoin O'Dell (200)
The Centrality of Constructive and Resulting Trusts by Ben McFarlane (ssrn.com) (2010)
The Death of Proprietary Estoppel: Yeoman’s Row Management Ltd v. Cobbe by Ben McFarlane and Andrew Robertson (Lloyds Maritime and Commercial Law Quarterly) (ssrn.com) (2008)
The Fiduciary Duty of Departing Employees by Robert Flannigan (Canadian Labour and Employment Law Jour) (ssrn.com) (2009)
The Fiduciary Obligation as the Adoption of Ends by Arthur B
Laby (Buffalo Law Rev) (ssrn.com) (April 2008)
The
jurisdictional basis, elements and remedies in the action
of breach of confidence – uncertainty abounds by Leo Tsaknis (Bond Law Rev) (1993)
The Knowing Receipt 'Knowledge' Requirement and Restitution's 'Good Faith' Change of Position Defence: Two Sides of the Same Coin? by Arlen Duke (abstract only) (Univ W Australia Law Rev) (2010)
The Knowledge or Role that makes a Person an Accessory under the Barnes v Addy Principle by Denis SK Ong (Bond Law Rev) (2005)
The
law and ethics deriving from the Parthenon Marbles case
by Irini A Stamatoudi (Web Jour of Current Legal Issues)
(1997) The
Legal Structure, Economic Function, and Statistical Treatment
of Trusts (IMF) (October 2001)
The Loyalty of Lawyers: A Comment on 3464920 Canada Inc. v. Strother by Lionel Smith and Remus D Valsan (Canadian Bar Rev) (ssrn.com) (2008)
The Measurement of Compensation Claims Against Trustees and Fiduciaries by Lionel Smith (ssrn.com) (2010)
The Nature of Equitable Property by Ben McFarlane and Robert Stevens (Jour of Equity) (ssrn) (2009)
The no-conflict rule: the acceptance of traditional equitable values? by Nicholas Collins (abstract only) (Trusts and Trustees) (March 2008)
The
Rainbow Connection: Tracing Misappropriated Assets Far and
Wide by Kanaga Dharmananda and Adelene Tan (Law Gazette
of Singapore) (September 2001)
‘The Receipt of What?’: Questions concerning Third Party Recipient Liability in Equity and Unjust Enrichment by Joachim Dietrich and Pauline Ridge (Melbourne Univ Law Rev) (2007)
The
Restitutionary Approach to Just Compensation by Tim Kowal
(Chapman Law Rev) (ssrn.com) (September 2006) The
Return of Lost Property According to Jewish & Common Law:
A Comparison by Michael J Broyde and Michael Hecht (1997)
The Scope of Fiduciary Obligations: How Contract Informs, But Does Not Determine, the Scope of Fiduciary Obligations by Mark Leeming (Jour of Equity) (ssrn.com) (2009)
The Story of Meinhard v. Salmon and Fiduciary Duty's Punctilio by Robert B Thompson (ssrn.com) (October 2008)
The
Strict Character of Fiduciary Liability by Robert Flannigan
(New Zealand Law Rev) (ssrn.com) (2006)
The Structure of Property Law by Ben McFarlane
(ssrn.com) (2008)
The
taxation of equitable compensation by Richard Wilson (TACT
Rev) (January 2002)
Tracing
by Eoin O'Dell (2000)
Tracing
by Peter B Oh (William Mitchell Legal Studies Research
Papers) (ssrn.com) (March 2005)
Tracing
at Law, Exchange Product Theory and Ignorance as an Unjust
Factor in the Law of Unjust Enrichment by Brian F Fitzgerald
(Univ of Tasmania Law Rev) (1994)
Tracing,
following, and claiming the proceeds of stolen assets
by Charles Mitchell (Jersey Law Rev) (2003)
Tracing, Restitution and Innocent Donees: Who Wants to Be a Volunteer Anyway by Susan Barkehall Thomas (Bond Law Rev) (ssrn.com) (also here) (2006)
Trusting
Trustees: Fiduciary Duties and the Limits of Default Rules
by Melanie B Leslie (Georgetown Law Jour) (ssrn.com)
(2005)
Trusts
– A 21st century look at a centuries old tool by Peter
Bobbin (The Argyle Partnership) (2001, updated March
2006)
Trusts, Powers and Liens: An Exercise in Ground-Clearing by Elise Bant (abstract only) (Jour of Equity) (ssrn.com) (July 2010)
Two Fiduciary Fallacies by Matthew Harding (Jour of Equity) (ssrn.com) (2007)
Unconscionability in Estoppel: Triable Issue or Foundational Principle? by the Hon Justice K R Handley AO (QUT Law and Justice Journal) (2007)
Unconscionability in the Law of Trusts by David Horton (Notre Dame Law Rev) (ssrn.com) (October 2008)
Undue Influence and the Law of Wills: A Comparative Analysis by Ronald J Scalise Jr (Duke Jour of Comparative and International Law) (2008)
Undue
Influence Inter Vivos And The Elderly by Fiona R Burns
(Melbourne Univ Law Rev) (December 2002)
Unjust Enrichment and Creditors by Emily Sherwin (Rev of Litigation) (ssrn.com) (2007)
Unjust enrichment and the remedial constructive trust by Eoin O'Dell (Dublin Univ Law J) (2008)
Unjust Enrichment Claims Against the Estate Based on the Provision of Services to the Deceased by David Freedman (ssrn.com) (October 2009)
Unjust Enrichment, Property Rights and Indirect Recipients by Ben McFarlane (ssrn.com) (2009)
What is a Trust? by Mark Leeming (Trusts Quarterly Review) (ssrn.com) (2009)
What is Specific About 'Specific Restitution'? by Colleen Murphy (Hastings Law Jour) (ssrn.com) (2009)
When
money disappears - response, recovery and regulation by
Paul Gully-Hart (Schellenberg Wittmer) (International
Bar Association) (April 2005) Where
there's a will, there's a way (mutual wills) by Edward
Bragiel (TACT Rev) (October 2002)
When and Why Does Unjustified Enrichment Justify the Recognition of Proprietary Rights? by Robert Stevens (ssrn.com) (September 2011)
Winding
up corporate trustees: resolving competing interests of creditors
and beneficiaries by Malcolm Stephens (Allens Arthur
Robinson) (October 2001) |
