Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 17 of 17
Full-Text Articles in Securities Law
Fiduciary Relationships Are Not Contracts, Scott Fitzgibbon
Fiduciary Relationships Are Not Contracts, Scott Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
"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.
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 …
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 …
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 …
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.
Opinions Of Counsel In Corporate Transactions: Opinions On Compliance With The Company's Charter, By-Laws, And Contractual Obligations, Scott T. Fitzgibbon, Donald W. Glazer
Opinions Of Counsel In Corporate Transactions: Opinions On Compliance With The Company's Charter, By-Laws, And Contractual Obligations, Scott T. Fitzgibbon, Donald W. Glazer
Scott T. FitzGibbon
The opinion delivered by company counsel at the closing of a corporate transaction typically contains a clause that addresses compliance by the company with its charter, by-laws and contractual obligations. One form of opinion confirms that execution and delivery by the company of the agreement in question and performance by the company of its obligations under the agreement will not conflict with or result in a breach of or default under the company's charter, by-laws or specified contracts. Another form of opinion focuses more broadly on all of the company's activities. This alternative opinion, often requested and often, with good …
Legal Opinions In Corporate Transactions: Opinions Relating To Security Interests In Personal Property, Scott T. Fitzgibbon, Donald W. Glazer
Legal Opinions In Corporate Transactions: Opinions Relating To Security Interests In Personal Property, Scott T. Fitzgibbon, Donald W. Glazer
Scott T. FitzGibbon
No abstract provided.
Legal Opinions In Corporate Transactions: The Opinion On Agreements And Instruments, Scott T. Fitzgibbon
Legal Opinions In Corporate Transactions: The Opinion On Agreements And Instruments, Scott T. Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Legal Opinions On Secondary Sales Of Stock, Scott T. Fitzgibbon, Donald W. Glazer
Legal Opinions On Secondary Sales Of Stock, Scott T. Fitzgibbon, Donald W. Glazer
Scott T. FitzGibbon
[Later versions appear in Columbia Business Law Review, 1988, no.1:149-160, and in Business Opinions, 335-77. New York, Practicing Law Institute, 1988.]
Legal Opinions In Corporate Transactions: The Opinion That Stock Is Duly Authorized, Validly Issues, Fully Paid And Nonassessable, Scott T. Fitzgibbon, Donald W. Glazer
Legal Opinions In Corporate Transactions: The Opinion That Stock Is Duly Authorized, Validly Issues, Fully Paid And Nonassessable, Scott T. Fitzgibbon, Donald W. Glazer
Scott T. FitzGibbon
[Also appears in Opinion Letters of Counsel 1987, 377-412. New York: Practicing Law Institute, 1987.]
Legal Opinions On Incorporation, Good Standing, And Qualification To Do Business, Scott T. Fitzgibbon, Donald W. Glazer
Legal Opinions On Incorporation, Good Standing, And Qualification To Do Business, Scott T. Fitzgibbon, Donald W. Glazer
Scott T. FitzGibbon
[Also appears in Washington and Lee University Law Review 43 (Summer 1986): 240-275, and in Opinion Letters of Counsel 1987, 313-334, New York: Practising Law Institute, 1987, and in Business Opinions, 237-275, New York: Practising Law Institute, 1988.]
What Is A Security? -- A Redefinition Based On Eligibility To Participate In The Financial Markets, Scott T. Fitzgibbon
What Is A Security? -- A Redefinition Based On Eligibility To Participate In The Financial Markets, Scott T. Fitzgibbon
Scott T. FitzGibbon
No abstract provided.