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Full-Text Articles in Securities Law
Co-Organizer: Symposium On The Jurisprudence Of Family Relations: Privacy, Autonomy, And Should States Regulate Family Relations?, Scott Fitzgibbon
Co-Organizer: Symposium On The Jurisprudence Of Family Relations: Privacy, Autonomy, And Should States Regulate Family Relations?, Scott Fitzgibbon
Scott T. FitzGibbon
Professor FitzGibbon served as a co-organizer for the Symposium on the Jurisprudence of Family Relations: Privacy, Autonomy, and Should States Regulate Family Relations? at the Cardozo Law School of Yeshiva University.
Harmonious Discourse And The Good Of Family Law, Scott Fitzgibbon
Harmonious Discourse And The Good Of Family Law, Scott Fitzgibbon
Scott T. FitzGibbon
On June 6, 2013, Professor FitzGibbon presented at the North American Regional Conference for the International Society of Family Law.
Member, International Chair On Natural Law And Human Personhood, Scott Fitzgibbon
Member, International Chair On Natural Law And Human Personhood, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
The Biological Basis For The Recognition Of The Family, Scott Fitzgibbon
The Biological Basis For The Recognition Of The Family, Scott Fitzgibbon
Scott T. FitzGibbon
The family is matter of heart and blood. It is created, in part, by physical and emotional intimacy. It projects itself through history through its biological dimension. Any reasonable definition of the family must recognize this fundamental characteristic. “Biological dimension” here refers, not only to genetic affinities, important as those may be, but to all physical connections and to all matters closely related to the physical. Thus, it includes all the activities and dispositions which, generation after generation, bring a family together in the great procreative project: the begetting and rearing of children. The biological dimension includes making love and …
The Biological Basis For The Recognition Of The Family, Scott Fitzgibbon
The Biological Basis For The Recognition Of The Family, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Co-Organizer: International Conference On Extended And Extending Families, Scott Fitzgibbon
Co-Organizer: International Conference On Extended And Extending Families, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Fiduciary Relationships Are Not Contracts, Scott Fitzgibbon
Fiduciary Relationships Are Not Contracts, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Co-Organizer: International Conference On The Jurisprudence Of Parenting And The Influence On Culture, Scott Fitzgibbon
Co-Organizer: International Conference On The Jurisprudence Of Parenting And The Influence On Culture, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Parenting And The Culture Of Friendship, Scott Fitzgibbon
Parenting And The Culture Of Friendship, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon
Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon
Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon
Scott T. FitzGibbon
This article briefly notes some developments in the law and society of our present age regarding the understanding — the recognition — of marriage, fatherhood, motherhood, and the family. The article warns against a certain casualness, a confusion, perhaps even a certain promiscuity of thought, that has occasionally emerged in the law. Drawing on Sophocles' drama Oedipus the King and on the scriptural narrative of David and Bathsheba, the article investigates what might be called the "moral location" of the activity of recognition. It proposes that recognition of basic family forms is a process with a deep dimension. It apprehends …
The Jurisprudence Of Marriage And Other Intimate Relationships, Scott Fitzgibbon
The Jurisprudence Of Marriage And Other Intimate Relationships, Scott Fitzgibbon
Scott T. FitzGibbon
Contains essays about the basic meaning and principles underlying legal regulation of marriage and other relation- ships, written by a dozen prominent legal scholars from five nations, including authorities on jurisprudence and family law and scholars of other relevant disciplines. Topics include the principles used to determine eligibility for particular legal and social recognition; the current status of such relationships in society and law; how such relationships may affect one another; the foundations for public recognition of relationships; and critical analysis of various legal theories that would level such relation- ships. All chapters consider various relationship forms in the light …
"That Man Is You!" The Juristic Person And Faithful Love, Scott T. Fitzgibbon
"That Man Is You!" The Juristic Person And Faithful Love, Scott T. Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Glazer And Fitzgibbon On Legal Opinions: Drafting, Interpreting And Supporting Closing Opinions In Business Transactions, Scott Fitzgibbon, Donald Glazer, Steven Weise
Glazer And Fitzgibbon On Legal Opinions: Drafting, Interpreting And Supporting Closing Opinions In Business Transactions, Scott Fitzgibbon, Donald Glazer, Steven Weise
Scott T. FitzGibbon
No abstract provided.
The Principles Of Justice In Procreative Affiliations, Scott Fitzgibbon
The Principles Of Justice In Procreative Affiliations, Scott Fitzgibbon
Scott T. FitzGibbon
What's the Harm? is an interdisciplinary collection of perspectives on the question of harm--whether legalizing same-sex marriage will cause harm to society, and whether the denial of same-sex marriage causes harm to society. This clarifying and illuminating book explores the societal, familial, individual, and jurisprudential harms of the legalization or prohibition of same-sex marriage. The contributors wrestle with the "what's the harm" question from a variety of academic and professional perspectives, emphasizing the significance and impact of legalizing same-sex marriage for law, government, family relations, and child welfare. What's the Harm? is a valuable resource of diverse insights, arguments, and …
The Seduction Of Lydia Bennet And The Jurisprudence Of The Juristic Society, Scott Fitzgibbon
The Seduction Of Lydia Bennet And The Jurisprudence Of The Juristic Society, Scott Fitzgibbon
Scott T. FitzGibbon
The theme of the 12th World Conference of the ISFL is The Family Law – Balancing Interests, Pursuing Priorities. The papers presented there reflected (to a varying degree) that theme, and will analyze the family laws, doctrines, rules, decisions and reform proposals of many nations from these balance-and-priorities perspectives. Papers concerning civil and common law, spousal as well as parent-child issues, traditional as well as non-traditional relations, existing laws as well as proposed reforms, economic as well as non-economic issues, and essential as well as adjective laws will be included. The book contains selected papers chosen for the interest and …
A City Without Duty, Fault, Or Shame, Scott Fitzgibbon
A City Without Duty, Fault, Or Shame, Scott Fitzgibbon
Scott T. FitzGibbon
This book provides a critical examination of and reflection on the American Law Institute's (ALI) Principles of the Law of Family Dissolution: Analysis and Recommendations ('Principles', arguably the most sweeping proposal for family law reform attempted in the U.S. over the last quarter century. The volume is a collaborative work of individuals from diverse perspectives and disciplines who explore the fundamental questions about the nature of family, parenthood, and child support. The contributors are all recognized authorities on aspects of family law and provide commentary on the principles examined by the ALI - fault, custody, child support, property division, spousal …
The Seduction Of Lydia Bennet: Toward A General Theory Of Society, Marriage, And The Family, Scott T. Fitzgibbon
The Seduction Of Lydia Bennet: Toward A General Theory Of Society, Marriage, And The Family, Scott T. Fitzgibbon
Scott T. FitzGibbon
This article sketches the foundation for a general theory of society. Rejecting portrayals that make society a field of exploitation and dominance, it proposes instead an account that locates the foundation of society in its service of certain basic goods. Society is a kind of friendship. It is to be defined based on the goods of friendship and the projects that serve those goods. Its elements, including those of obligation, office, shame, and rehabilitation, further those goods. The society that emerges from this account is a "society of life." This article also proposes the concept of "components of society," reflecting …
The Jurisprudence Of The Juristic Society: The Law Must Protect And Promote A Social Order Of Obligation, Honor, And Office, Scott Fitzgibbon
The Jurisprudence Of The Juristic Society: The Law Must Protect And Promote A Social Order Of Obligation, Honor, And Office, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
The Formless City Of Plato's Republic: How The Legal And Social Promotion Of Divorce And Same-Sex Marriage Contravenes The Principles And Undermines The Projects Of The Universal Declaration Of Human Rights, Scott Fitzgibbon
Scott T. FitzGibbon
In the Republic, Plato describes a stage in social decay called “formlessness,” where all sorts of differences are accepted and none is preferred. No one need hold office or obey. People are impatient with all the ties that ought to bind them. Plato's formess city displays three deplorable features. One is the denigration of law and custom. A second is ethical skepticism or nihilism. A third is the repudiation of duty. These features also characterize the divorce culture and the same-sex marriage movement. The Universal Declaration of Human Rights reflects a philosophy quite the reverse of Plato’s formless city. Its …
Marriage And The Ethics Of Office, Scott T. Fitzgibbon
Marriage And The Ethics Of Office, Scott T. Fitzgibbon
Scott T. FitzGibbon
This Article alms to retrieve the neglected concept of the "office," as in "the judicial office" or "corporate officer" or the"office of deacon or lector." It aims to present a thorough account of what that term means. It inquires into the ethics of office, advancing the thesis that to hold and exercise office is a good thing, not only in the obvious instrumental ways-it serves a function and it gets results-but also as a part of the "final," non instrumental good of the officeholder and even, in some arrangements, of the recipient of the officeholder's services. Office is an aspect …
Appointment: Membership In The International Society Of Family Law, Scott Fitzgibbon
Appointment: Membership In The International Society Of Family Law, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Wojtylan Insight Into Love And Friendship: Shared Consciousness And The Breakdown Of Solidarity, Scott Fitzgibbon
Wojtylan Insight Into Love And Friendship: Shared Consciousness And The Breakdown Of Solidarity, Scott Fitzgibbon
Scott T. FitzGibbon
There is a fundamental clash in contemporary society between, on the one hand, an orthodox Christian understanding of human dignity and of what is required of us if we are to respect and honour the dignity of every human being and, on the other hand, a secularist vision of human existence. In his great Encyclical Evangelium Vitae, 'The Gospel of Life', Pope John Paul II identified as the practical expression of this clash the conflict between what he called the 'culture of life' and the 'culture of death'. The present volume explores the roots of the two cultures, contemporary manifestations …
Marriage And The Good Of Obligation, Scott T. Fitzgibbon
Marriage And The Good Of Obligation, Scott T. Fitzgibbon
Scott T. FitzGibbon
Marriage is obligatory. This is not to say, of course, that bachelorhood must be avoided or that everyone ought to get married. The point, rather, is that those who do wed form a relationship which embraces obligation as a fundamental component ("commitment norms," as Professor Elizabeth Scott has put it). This article aims to show why this is a good thing, and fundamentally so. Marriage and other affiliations, it seems, may involve obligation in two basic ways. The first way is instrumentally. The projects of married life require long-term commitment and fixity of purpose: raising children and paying off the …
"True Human Community": Catholic Social Thought, Aristotelian Ethics, And The Moral Order Of The Business Company, Scott T. Fitzgibbon
"True Human Community": Catholic Social Thought, Aristotelian Ethics, And The Moral Order Of The Business Company, Scott T. Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
The Failure Of The Freedom-Based And Utlilitarian Arguments For Assisted Suicide, Scott T. Fitzgibbon
The Failure Of The Freedom-Based And Utlilitarian Arguments For Assisted Suicide, Scott T. Fitzgibbon
Scott T. FitzGibbon
In recent years, numerous initiatives have been launched to promote physician-assisted suicide. Numerous statutes have been proposed, and one (in Oregon) has been enacted. The United States Court of Appeals for the Ninth Circuit and the United States Court of Appeals for the Second Circuit were recently persuaded to recognize constitutionally protected rights to assisted suicide, although their decisions have been reversed by the Supreme Court. An international organization called the World Federation of Right-to-Die Societies furthers such efforts in other countries. The two most common justifications for such initiatives are that assisted suicide enhances freedom or liberty, and that …
The Model Physician-Assisted Suicide Act And Jurisprudence Of Death, Scott T. Fitzgibbon, Kwan Kew Lai
The Model Physician-Assisted Suicide Act And Jurisprudence Of Death, Scott T. Fitzgibbon, Kwan Kew Lai
Scott T. FitzGibbon
Your State has, let us suppose, a physician in one of its university-affiliated hospitals who is an admirer of Dr. Kevorkian, or a member of the Hemlock Society. The date is a year from now-December 1997. Your State has adopted the Model State Act to Authorize and Regulate Physician-Assisted Suicide (the "Act"). You now have an unexpected interest in the effects of the Act. A friend or a relative-your eighteen-year-old daughter or your nineteen-year-old younger brother or your fifty-five-year-old father--has approached a hospital seeking counseling and relief. Concerned about the sort of advice your loved one may receive, and concerned …
Appointment: Membership In The Society Of Catholic Social Scientists, Scott Fitzgibbon
Appointment: Membership In The Society Of Catholic Social Scientists, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Opinions Of Counsel: What They Are And Why American Companies Ask For Them, Scott T. Fitzgibbon, Donald W. Glazer
Opinions Of Counsel: What They Are And Why American Companies Ask For Them, Scott T. Fitzgibbon, Donald W. Glazer
Scott T. FitzGibbon
Legal opinions - formal letters of legal advice delivered by counsel in financial transactions - are a feature of the American legal scene. They have also gained wide acceptance abroad. This article describes the standard legal opinion in an American financing and describe its uses and importance to an American lawyer. It also contains suggestions for interpreting and analyzing legal opinions.
Legal Opinions In Financial Transactions: Their Purpose And Interpretation, Scott T. Fitzgibbon, Donald W. Glazer
Legal Opinions In Financial Transactions: Their Purpose And Interpretation, Scott T. Fitzgibbon, Donald W. Glazer
Scott T. FitzGibbon
No abstract provided.