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In recent years the field of finance has exploded with innovation.
New products, services and techniques abound. The risks of
inflation, the volatility of interest rates, the deregulation of
financial intermediaries and the unbundling of financial services
have combined to present investment managers with challenges and
opportunities far greater than in the past. For trustees and
managers of pension, trust, endowment, and similar funds, the task
of meeting the challenges and exploiting the opportunities is much
more difficult. These fiduciaries must measure their investment
decisions against constrained interpretations of a legal
standard--the prudent man rule--that have caused it to lag far
behind changes in investment theory and the marketplace. Drawing on
financial history, a major opinion survey of institutional
investors, and comprehensive reviews of the law and of the lessons
of modern portfolio theory for prudence, this book presents a
powerful case that the prudent man rule as elaborated in legal
treatises and much of the case law would virtually compel a
fiduciary to act imprudently in terms of financial theory and
marketplace reality. In proposing a modern paradigm of investment
prudence, the book uses illustrations drawn from such traditionally
suspect categories of investment fiduciaries as securities lending,
real estate, venture capital, options and futures and repurchaser
agreements. An unusual examination of the interaction of the worlds
of law and finance, this work will be of interest to fiduciaries
who are subject to some from of prudent man rule and all others,
including judges, lawyers and investment managers, who are called
upon to interpret and apply that legal standard.
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