Bibliographic record
Abstract
There is a long running conflict of authority on a fundamental aspect of agency. The conflict is whether every agent, or agent function, is regulated by fiduciary accountability. On one side are numerous conventional cases where agency is described as a status fiduciary relation without qualification. That is, expressly or implicitly, agents are identified as fiduciaries by reason of their status alone in all respects on a default basis. Only through the informed consent of the principal may that accountability be altered or eliminated. On the other side are judicial statements in a variety of cases that deny that every agent is subject to the regulation. Judges have not confronted the evident contradiction of principle. The contradiction has been noted by some modern writers, but the matter generally has received only cursory attention. I will investigate the matter in some depth. I show that there is no historical foundation for the denial of the default accountability. The matter, it should be appreciated, is of considerable importance for both the law of agency and the law of fiduciary accountability. One must understand clearly what might justify any supposed differential treatment for some agents.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.009 | 0.023 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.005 | 0.024 |
| Scholarly communication | 0.008 | 0.008 |
| Open science | 0.002 | 0.006 |
| Research integrity | 0.010 | 0.014 |
| Insufficient payload (model declined to judge) | 0.009 | 0.002 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".