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1 Cambridge Handbook of Institutional Investment and Fiduciary Duty Edited by JAMES P. HAWLEY ANDREAS G. F. HOEPNER KEITH L. JOHNSON JOAKIM SANDBERG EDWARD J. WAITZER gl CAMBRIDGE UNIVERSITY PRESS
2 Contents List of figures xi List of tables xii List of contributors Foreword xvi AI Gore xiii 1 Introduction 1 James P. Hawley, Andreas G. F. Hoepner, Keith L. Johnson, Joakim Sandberg and Edward J. Waitzer PART I FIDUdARY DUTY: A GLOBAL OUTLOOK 2 The public fiduciary: a Canadian perspective 9 Edward J. Waitzer and Douglas Sarro 3 The basis of fiduciary duty in Investment in the United States 20 Jay Youngdahl 4 Governance and accountability in UK pension schemes 31 Alison Fox 5 Institutional Investment and fiduciary duty in Australia 46 Gordon Noble 6 The regulation of institutional Investment in Sweden: a role model for the promotion of responsible Investment? 59 Joakim Sandberg, Sebastian Siegl and Ian Hamilton 7 The Dutch pension system 72 Rene H. Maatman vii
3 viii Contents PART II FIDUCIARY DUTY AND THE LANDSCAPE OF INSTITUTIONAL INVESTMENT 8 The philanthropic fiduciary: challenges for nonprofits, foundations and endowments 89 Reith L. Johnson and Stephen Viederman 9 Paradigm lost: employment-based defined benefit plans and the current understanding of fiduciary duty 100 Larry W. Beeferman 10 Economically targeted investing: changing of the guard 112 Tessa Hebb and Jayne Zanglein 11 Institutional Investment in the European Union Emissions Trading Scheme 127 Ivan Diaz-Rainey, Andrea Finegan, Gbenga Ibikunle and Daniel J. Tulloch 12 Have institutional fiduciaries improved securities class actions? A review of the empirical literature on the PSLRA's lead plaintifif provision 146 Michael Perino 13 The future of fiduciary Obligation for institutional Investors 159 Ciaire Molinari PART III CHALLENGING CONVENTIONAL WISDOM ON FIDUCIARY DUTY 14 Is the search for excessive alpha a breach of fiduciary duty? 171 Aaron Bernstein and James P. Hawley 15 Fiduciary duty and sin stocks: is vice really nice? 181 Andreas G. F. Hoepner and Stefan Zeume 16 Whose risk counts? 207 Raj Thamotheram andaidan Ward 17 Sustainability, financial markets and systemic risk 222 Dieter Grämlich
4 Contents ix 18 Uncertain times, plural rationalities and the pension fiduciary 239 Liaw Huang, David Ingram, Thomas Terry and Michael Thompson 19 Emotional finance and the fiduciary responsibility of asset managen 254 Arman Eshraghi and Richard Taffler PART IV TOWARDS A BROADER INTERPRETATION OF FIDUCIARY DUTY 20 Fiduciary duty and the search for a shared conception of sustainable Investment 265 Gordon L. Clark 21 Pension fund fiduciary duty and its impacts on sustainable investing 277 Roger Urwin 22 Reason, rationality and fiduciary duty 287 Steve Lydenberg 23 Socially responsible Investment and the conceptual limits of fiduciary duty 300 Joakim Sandberg 24 Fiduciary duty at the intersection of business and society 311 Rebecca K. Darr 25 Challenging conventional wisdom: the role of Investment tools, Investment beliefs and industry Conventions in changing our Interpretation of fiduciary duty 322 Danyelle Guyatt PART V BENEFICIARIES' ROLES AND VIEWPOINTS 26 The voice of the beneficiary 337 Christine Berry and Charles Scanlan 27 Understanding the attitudes of beneficiaries: should fiduciary duty include social, ethical and environmental concerns? 353 Joakim Sandberg, Magnus Jansson, Anders Biel and Tommy Gärling
5 x Contents 28 Operationalizing socially responsible Investment: a nonfinancial fiduciary duty problem 364 Ralf Barkemeyer, Frank Figge, Tobias Hahn, Andreas G. F. Hoepner, Andrea Liesen and Agnes L. Neher 29 The preferences of beneficiaries: what can we learn from research on retail Investors? 378 Jonas Nilsson PART VI FIDUCIARY DUTY AND GOVERNANCE 30 Investors and global governance frameworks: broadening the multi-stakeholder paradigm 391 Jane Ambachtsheer and Ryan Pollice 31 Promoting corporate sustainability through integrated reporting: the role of Investment fiduciaries and the responsibilities of the corporate board 403 Robert G. Eccles, Jock Herron and George Serafeim 32 Reporting and Standards: tools for stewardship 415 Michael P. Krzus 33 US corporate governance, fiduciary success and stable economic growth 429 Christian E. Weller 34 Fulfilling fiduciary duties in an imperfect world - governance recommendations from the Stanford Institutional Investor Forum 442 Christopher W Waddell 35 Addressing the participation gap in institutional Investment: an assessment framework and preliminary results 452 Tim Cadman and Tek Maraseni 36 The costs of fiduciary failure - and an agenda for remedy 466 Stephen M. Davis Index 478
Cambridge Handbook of Institutional Investment and Fiduciary Duty
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