Article on Interpreting Fiduciary Law

Andrew S. Gold recently published an Article entitled, Interpreting Fiduciary Law, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article:

Although there are exceptions, fiduciary theory has paid limited attention to interpretive methodology. Yet methodology matters, and the distinctive features of fiduciary law offer insights for interpreting private law more generally. Private law theorists commonly assess interpretive theories against a range of criteria, including: fit, coherence, morality, and transparency. I will suggest that fiduciary law has important implications for two of these criteria in particular: the coherence criterion and the morality criterion.

Special thanks to Robert H. Sitkoff (John L. Gray Professor of Law, Harvard Law School) for bringing this article to my attention.