As someone who is not a specialist in the area, I am grateful to be included in today's conference. I wanted to be here to mark the admiration I have for Professor Frankel. Like Ken Simons, I have benefited from Tamar's knowledge base which is both deep and wide, her lively and inexhaustible curiosity, her imagination, and the immense intellectual stimulation she inevitably provides. Her new book under discussion today reveals some of her extraordinary powers, in its skillful use of materials from sources as diverse as Hammurabi and Grotius, from histories ancient and modem, traditions religious and secular, and from a variety of disciplines. And her volume embraces all that diversity of material without losing clarity of argument and elegance of prose. I did wonder how a scholar in copyright and related fields could "add value" to such a gathering. Naturally enough I was attracted to the discussion in Tamar's book of Wolf v Superior Court, a California case involving a controversy between the novelist who created the "Roger Rabbit" characters, and Disney who produced, under contract, a movie based on the novel. The question presented in the case was whether Disney owed any fiduciary duty to the novelist, or whether the relationship was strictly contractual.
Wendy J. Gordon, Speech in The Role Of Fiduciary Law And Trust In The Twenty-first Century (October 29, 2010) (unpublished manuscript).