Paul B. Miller

Paul B. Miller

Associate Dean for International and Graduate Programs
Professor of Law

Office: 2160 Eck Hall Of Law
Phone: 574-631-1516
Email: paul.miller@nd.edu
Staff Assistant: Lisa Phillips
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Paul B. Miller is Professor of Law and Associate Dean for International & Graduate Programs at Notre Dame Law School, where he also serves as Director of the Notre Dame Program on Private Law. Miller taught previously at McGill University in Montréal and has held visiting appointments at Bucerius Law School, the University of Melbourne, Université Paris II – Panthéon-Assas, Peking University, and Tel Aviv University. Miller is a private law theorist whose work focuses primarily on philosophical questions in equity, fiduciary law, trust law, and corporate law. His books include Philosophical Foundations of Fiduciary Law, The Oxford Handbook of Fiduciary Law, and Civil Wrongs and Justice in Private Law. Miller is a member of the Editorial Board of the American Journal of Jurisprudence and serves (with John Oberdiek) as the General Editor for Oxford Private Law Theory and the associated series, Oxford Studies in Private Law Theory, both published by Oxford University Press.

Scholarship

Upcoming and Recent Presentations

Political Trust, Public Justification, and the Judicial Role, Workshop: What is Good Government? Harvard Kennedy School of Government, Cambridge, MA, November 2022.

The Morality of Fiduciary Law, Distinguished Global Faculty Lecture Series, Peking University Law School, Beijing, China, November 2022.

Formalism, Legality, and the Rule of Law, Legal Theory Seminar, USC Gould School of Law, Los Angeles, CA, April 2022.

Getting into Equity, Notre Dame Law Review Federal Courts Symposium, Notre Dame Law School, Notre Dame, IN, February 2022 (w/ Samuel Bray).

The New Formalism in Private Law, Aktuelle Stunde, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany, November 2021.

The Internal Point of View in Private Law, Faculty Workshop, UCLA School of Law, Los Angeles, CA, October 2021.

Freedom of Testamentary Disposition, Conference on Philosophical Foundations of the Law of Trusts, King’s College London School of Law, London, England, September 2021.

Fundamental Rights and the Legal Profession, Nomura Lecture, International Legal Ethics Symposium, Tokyo, Japan, March 2021.

Upcoming Events

Co-organizer, Workshop on Reinach and Private Law Theory, Max Planck Institute for Legal History and Legal Theory, Frankfurt, Germany, August 2023 (with Marietta Auer, Henry Smith and James Toomey)

  • A collaboration between the Notre Dame Program on Private Law, Harvard Law School’s Project on the Foundations of Private Law, and the Max Planck Institute for Legal History and Legal Theory

Co-organizer, Workshop for Oxford Studies in Private Law Theory, Volume III, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany, June 2023 (with Ralf Michaels and John Oberdiek)

  • A collaboration between the Notre Dame Program on Private Law and the Max Planck Institute for Comparative and International Private Law

Co-organizer, International Fiduciary Law Conference V, Heinrich Heine University of Düsseldorf, Düsseldorf, Germany, June 2023 (with Simone Degeling, Andrew Gold, and Matthew Harding)

Co-organizer, North American Workshop on Private Law Theory IX, UCLA School of Law, Los Angeles, CA, February 2023 (with Aditi Bagchi, Molly Brady, Andrew Gold, John Goldberg, Felipe Jiménez, Larissa Katz, Zoë Sinel, Henry Smith, Stephen Smith, and Rebecca Stone)

Co-organizer, Workshop on Interstitial Private Law, University of Notre Dame Rome Global Gateway, Rome, Italy, November 2022 (with Samuel Bray, John Goldberg and Henry Smith).

  • A collaboration between the Notre Dame Program on Private Law and Harvard Law School’s Project on the Foundations of Private Law

Co-organizer, The Equity Workshop, University of Toronto Faculty of Law, Toronto, ON, Canada, September 2022 (with Samuel Bray, Larissa Katz, and Irit Samet)

  • A collaboration between the Notre Dame Program on Private Law, King’s College London, and the University of Toronto Faculty of Law

Work in Progress

McClintock's Handbook of the Principles of Equity, 3rd ed. (Foundation Press, in progress) (with Samuel Bray).

The Concept of Personality in Private Law, for Samuel Bray, John Goldberg, Paul B. Miller, and Henry Smith, eds. Interstitial Private Law (Oxford University Press, forthcoming).

Formalism, Legality, and the Rule of Law, for Thilo Kuntz and Paul B. Miller, eds., Methodology in Private Law Theory, (forthcoming).

The Internal Point of View in Private Law, 67 American Journal of Jurisprudence __ (forthcoming) (w/ Jeff Pojanowski)

Business Judgment and Fiduciary Liability, for M. Petrin and C. Witting, eds., Research Handbook on Corporate Liability (Elgar, forthcoming).

Oxford Studies in Private Law Theory, Vol. II (Oxford UP, forthcoming) (edited with John Oberdiek).

Areas of Expertise

  • Agency
  • Fiduciary Law
  • Non-profit Organizations
  • Trusts & Estates

In the News

Two Notre Dame Law faculty write chapters in Handbook on Corporate Purpose and Personhood, ND Law School News, November 3, 2021

Paul Miller’s book 'Fiduciaries and Trust' published by Cambridge University Press, ND Law School News, September 17, 2020

Paul Miller publishes 'Civil Wrongs and Justice in Private Law' with Oxford University Press, ND Law School News, September 2, 2020

Why Controlling Shareholders Are Not Fiduciaries (authored by Paul Miller), Columbia Law School Blue Sky Blog, March 9, 2020

Corporations Do Matter in Private Law Theory (co-authored by Paul Miller), Oxford Business Law Blog, December 20, 2019

The Rise of Fiduciary Law as a Field of Study (co-authored by Paul Miller), Columbia Law School Blue Sky Blog, October 3, 2019

ND Program on Private Law launches new series on private law theory, ND Law School News, September 25, 2019

Notre Dame Program on Private Law hosts Legal Ethics and Fiduciaries Workshop in Ireland, ND Law School News, September 5, 2019

ND Law School makes its mark on the study of fiduciary law, ND Law School News, April 22, 2019

Peking University Law School appoints Professor Paul Miller to Global Faculty, ND Law School News, December 11, 2018

Professor Paul Miller to edit new book series for Oxford University Press, ND Law School News, November 21, 2018

ND Law School launches new Program on Private Law, ND Law School News, November 7, 2018