In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
America's culture is moving in a new and dangerous direction, as it becomes more accepting and tolerant of dishonesty and financial abuse. Tamar Frankel argues that this phenomenon is not new; in fact it has a specific traceable past. During the past thirty years temptations and opportunities to defraud have risen; legal, moral and theoretical barriers to abuse of trust have fallen. She goes on to suggest that fraud and the abuse of trust could have a widespread impact on American economy and prosperity, and argues that the way to counter this disturbing trend is to reverse the culture of business dishonesty. Finally, she presents the following thesis: If Americans have had enough of financial abuse, they can demand of their leaders, of themselves, and of each other more honesty and trust and less cynicism. Americans can reject the actions, attitudes, theories and assumptions that brought us the corporate scandals of the 1990s. Though American society can have "bad apples," and its constituents hold differing opinions about the precise meaning of trust and truth, it can remain honest, as long as it aspires to honesty.
Charles Ponzi perpetrated his infamous scheme almost a hundred years ago. But his method of using new investments to pay existing investors and finance a highflying lifestyle is alive and well: just as much money is lost in the United States today from Ponzi schemes as from shoplifting. Somehow, con artists are able to dazzle wealthy, educated individuals and sophisticated institutions and convince them to hand over huge sums of money. How? In The Ponzi Scheme Puzzle, renowned legal scholar Tamar Frankel explores these con artists' fascinating power of persuasion and deception, uncovering the subtle signals that mimic truth and honesty. After years of close study of hundreds of cases, Frankel explains the striking patterns that emerge and the common characteristics of the con artists and their victims. She offers clear yet comprehensive descriptions of the various designs of Ponzi schemers' attractive offers and flags the ways in which they mask their deception through specialized methods of advertising and selling. She then constructs lucid profiles of the con artists and their victims, exposing the core nature of the people at the heart of the schemes and showing how over time the lines between predator and prey are blurred. There are indeed many lessons to learn from these stories, and Frankel brings them to light through the insightful results of her research. She shows how peoples' attitudes are ambivalent and uncertain toward con artists, perhaps because their behavior is so seemingly honest, because they act like the social leaders with whom they are likely to mingle, or perhaps because their actions are thought to shake up a complacent society. Frankel concludes by offering a surprising solution on how to prevent charming, dangerous con artists from perpetuating the enduring, disastrous legacy of Charles Ponzi.
America's culture is moving in a new and dangerous direction, as it becomes more accepting and tolerant of dishonesty and financial abuse. Tamar Frankel argues that this phenomenon is not new; in fact it has a specific traceable past. During the past thirty years temptations and opportunities to defraud have risen; legal, moral and theoretical barriers to abuse of trust have fallen. She goes on to suggest that fraud and the abuse of trust could have a widespread impact on American economy and prosperity, and argues that the way to counter this disturbing trend is to reverse the culture of business dishonesty. Finally, she presents the following thesis: If Americans have had enough of financial abuse, they can demand of their leaders, of themselves, and of each other more honesty and trust and less cynicism. Americans can reject the actions, attitudes, theories and assumptions that brought us the corporate scandals of the 1990s. Though American society can have "bad apples," and its constituents hold differing opinions about the precise meaning of trust and truth, it can remain honest, as long as it aspires to honesty.
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
The Regulation of Money Managers (with the original subtitle: The Investment Company Act and The Investment Advisers Act) was published in 1978 and 1980. The Second Edition, subtitled Mutual Funds and Advisers, was published in 2001 and has been annually updated since then. It is a comprehensive and exhaustive treatise on investment management regulation. The treatise covers federal and state statutes, their legislative history, common law, judicial decisions, rules and regulations of the Securities and Exchange Commission, staff reports, and other publications dealing with investment advisers and investment companies. The treatise touches on other financial institutions such as banks, insurance companies, and pension funds. The work also discusses the economic, business, and theoretical aspects of the investment management industry and their effects on the law and on policy. The treatise contains detailed analysis of the history and development of the Investment Company Act and the Investment Advisers Act. It examines the definitions in the Acts, including the concept of ‘‘investment adviser,’’ ‘‘affiliates,’’ and ‘‘interested persons.’’ It outlines the duties of investment company directors, the independent directors, and other fiduciaries of investment companies. The treatise deals with the SEC’s enforcement powers and private parties’ rights of action.
Ultrastructure of Microalgae provides both fundamental and specific information regarding the ultrastructure of the major components of the microalgal cell. The book compares homologous structures in different groups within an evolutionary frame of reference. It covers all taxa and structures, and it incorporates new concepts that have resulted fro
The High School outsider takes off her glasses, puts on a dress, and becomes the Prom Queen; the dowdy woman has her hair done, buys some chic new clothes and starts to attract the men. Cinderella and Pygmalion stories still provide inspiration for the plots of Hollywood romantic comedies, dramas, and even action films. Their perennial use prompts a series of questions: is, for example, male agency necessary to effect the transformation, or can the woman change herself? Can she ever change him? Most pressingly, what do these images of change and transformation, of improvement and transcendence tell us, the viewers, about what we should be doing? Investigating these questions, this book examines a key but frequently overlooked aspect of film style: the costume. Across all the films discussed, costume and the body it covers becomes the crucial element in the transformation scene, exemplifying the 'before' and 'after' of the successful change. Exploring the fantasies of transcendence and transformation sold through these films and exemplified in the costumes, this book examines "Calamity Jane", "Midnight Cowboy", "Clueless", "The Long Kiss Goodnight", "The Devil Wears Prada", and many other examples from both classic and contemporary Hollywood.
Liberal defences of nationalism have become prevalent since the mid-1980’s. Curiously, they have largely neglected the fact that nationalism is primarily about land. Should liberals throw up their hands in despair when confronting conflicting claims stemming from incommensurable national narratives and holy texts? Should they dismiss conflicting demands that stem solely from particular cultures, religions and mythologies in favour of a supposedly neutral set of guidelines? Does history matter? Should ancient injustices interest us today? Should we care who reached the territory first and who were its prior inhabitants? Should principles of utility play a part in resolving territorial disputes? Was John Locke right to argue that the utilisation of land counts in favour of its acquisition? And should Western style settlement projects work in favour or against a nation’s territorial demands? When and how should principles of equality and equal distribution come into play? Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as ‘liberal nationalism’. The final outcome is a multifarious theory on the ethics of territorial boundaries that supplies a workable set of guidelines for evaluating territorial disputes from a liberal-national perspective, and offers a common ground for discussion (including disagreement) and for the mediation of claims.
An up-close view of the 1990s music scene that brought us neo-klezmer bands, Tzadik Records, and a new vision of Jewish identity. Coined in 1992 by composer/saxophonist John Zorn, “Radical Jewish Culture,” or RJC, became the banner under which many artists in Zorn’s circle performed, produced, and circulated their music. New York’s downtown music scene, part of the once-grungy Lower East Side, has long been the site of cultural innovation, and it is within this environment that Zorn and his circle sought to combine, as a form of social and cultural critique, the unconventional, uncategorizable nature of downtown music with sounds that were recognizably Jewish. Out of this movement arose bands, like Hasidic New Wave and Hanukkah Bush, whose eclectic styles encompassed neo-klezmer, hardcore and acid rock, neo-Yiddish cabaret, free verse, free jazz, and electronica. Though relatively fleeting in rock history, the “RJC moment” produced a six-year burst of conversations, writing, and music—including festivals, international concerts, and nearly two hundred new recordings. During a decade of research, Tamar Barzel became a frequent visitor at clubs, post-club hangouts, musicians’ dining rooms, coffee shops, and archives. Her book describes the way RJC forged a new vision of Jewish identity in the contemporary world, one that sought to restore the bond between past and present, to interrogate the limits of racial and gender categories, and to display the tensions between secularism and observance, traditional values and contemporary concerns. Includes links to audiovisual content
Expanding the Palace of Torah offers a broad philosophical overview of the challenges the women’s revolution poses to Orthodox Judaism, as well as Orthodox Judaism’s response to those challenges. Writing as an insider—herself an Orthodox Jew—Tamar Ross confronts the radical feminist critique of Judaism as a religion deeply entrenched in patriarchy. Surprisingly, very little work has been done in this area, beyond exploring the leeway for ad hoc solutions to practical problems as they arise on the halakhic plane. In exposing the largely male-focused thrust of the rabbinic tradition and its biblical grounding, she sees this critique as posing a potential threat to the theological heart of traditional Judaism—the belief in divine revelation. This new edition brings this acclaimed and classic text back into print with a new essay by Tamar Ross which examines new developments in feminist thought since the book was first published in 2004.
This new spiritual approach to physical health introduces us to a spiritual tradition that affirms the body and enables us to reconceive our bodies in a more positive light. Using Kabbalistic teachings and other Jewish traditions, it shows us how to be more responsible for our own spiritual and physical health. Each chapter explores the meaning of traditional Jewish prayers, providing a framework for new thinking about body, mind, and soul. Simple exercises and movements help our bodies "understand" prayer, and show how the body's energy centers correspond to the Kabbalistic concept of the ten divine "rays of light," the Sefirot. And meditations and visualizations allow us to further enhance our spiritual awareness. Using the structure of the Prayer Wheel, readers can move step by step toward wholeness of body, mind and spirit: Modeh Ani Awakening our body and our soul Mah Tovu Creating a temple for our soul Asher Yatzar Focusing on the gift of our body Bircat HaTorah Balancing our mind through the gift of Torah Elohai Neshamah Connecting with the soul using the Sefirot Elu D'varim Walking on a God-centered path Clearly illustrated with photos and diagrams to guide readers, this active, creative approach allows us to tap the power of the Jewish tradition—to awaken the body, balance the mind, and connect with the soul.
Charles Ponzi perpetrated his infamous scheme almost a hundred years ago. But his method of using new investments to pay existing investors and finance a highflying lifestyle is alive and well: just as much money is lost in the United States today from Ponzi schemes as from shoplifting. Somehow, con artists are able to dazzle wealthy, educated individuals and sophisticated institutions and convince them to hand over huge sums of money. How? In The Ponzi Scheme Puzzle, renowned legal scholar Tamar Frankel explores these con artists' fascinating power of persuasion and deception, uncovering the subtle signals that mimic truth and honesty. After years of close study of hundreds of cases, Frankel explains the striking patterns that emerge and the common characteristics of the con artists and their victims. She offers clear yet comprehensive descriptions of the various designs of Ponzi schemers' attractive offers and flags the ways in which they mask their deception through specialized methods of advertising and selling. She then constructs lucid profiles of the con artists and their victims, exposing the core nature of the people at the heart of the schemes and showing how over time the lines between predator and prey are blurred. There are indeed many lessons to learn from these stories, and Frankel brings them to light through the insightful results of her research. She shows how peoples' attitudes are ambivalent and uncertain toward con artists, perhaps because their behavior is so seemingly honest, because they act like the social leaders with whom they are likely to mingle, or perhaps because their actions are thought to shake up a complacent society. Frankel concludes by offering a surprising solution on how to prevent charming, dangerous con artists from perpetuating the enduring, disastrous legacy of Charles Ponzi.
Living in Different Cultures by Tamar Frankel is a memoir-like collection of keen observations of global culture. Vignettes by the Israeli-born distinguished legal scholar, now 93, guide those from different cultures on how to respect each other and live in harmony. Frankel writes from nine decades of clear-eyed observing. Born in pre-Israel Palestine on July 4, 1925, she served in the Hagenah underground defense force, graduated from law school, served in the Israeli Air Force and helped the new nation of Israel draft its first set of civil laws before moving to the United States to practice law. Becoming in 1968 the first woman on the Boston University Law School faculty, she has taught there for 50 years - with time out to help devise the internet's legal structure and officially advise the U.S. Securities and Exchange Commission.
A case study companion to "Trust and Honesty, America's Business Culture at a Crossroad," this edition explores the reasons why business ethics are at a crossroads and what can be done to tip the scales toward trust and honesty.
Fiduciaries appear in many laws, such as contract, tort, corporate law, agency, partnership, criminal law, employment law, property law. But rarely are the policies of the fiduciary law examined as such, and rarely are fiduciaries examined together in a systematic manner. This book offers a study of the fiduciary family members and the different rules that govern them. Even though fiduciary relationships are embedded in many legal categories, somehow they do not find a comfortable home in any category. Further, as diverse as fiduciary law is in terms of the contexts in which it arises, it is quite cohesive in terms of the problems it addresses, the principles it presents, and the solutions it mandates. The seemingly disparate rules, applicable to different types of fiduciaries, are in fact consistent with one another, reflecting the costs of verifying the fiduciaries statements and monitoring the fiduciaries actions. In a changing environment, a view of the foundations of fiduciary law helps shape fiduciary rules to new situations or relieve existing situations from legal restrictions. A study of fiduciary law assists students in predicting who the new members in the fiduciary family are likely to be, and which of the existing ones will die out."--Publisher
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