Books

The Jurisprudence of Marriage and Other Intimate Relationships (2010)

Contains essays about the basic meaning and principles underlying legal regulation of marriage and other...

 

Articles

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The Biological Basis for the Recognition of the Family, (Forthcoming) (2012)

The family is matter of heart and blood. It is created, in part, by physical...

 
Educational Justice and the Recognition of Marriage, Brigham Young University Education and Law Journal (2011)
 

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Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Brigham Young University Journal of Public Law (2011)

This article briefly notes some developments in the law and society of our present age...

 

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"That Man is You!" The Juristic Person and Faithful Love, International Journal of the Jurisprudence of the Family (2010)
 

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The Seduction of Lydia Bennet: Toward a General Theory of Society, Marriage, and the Family, Ave Maria Law Review (2006)

This article sketches the foundation for a general theory of society. Rejecting portrayals that make...

 
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, Issues in Legal Scholarship (2005)

In the Republic, Plato describes a stage in social decay called “formlessness,” where all sorts...

 

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Marriage and the Ethics of Office, Notre Dame Journal of Law, Ethics & Public Policy (2004)

This Article alms to retrieve the neglected concept of the "office," as in "the judicial...

 

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Marriage and the Good of Obligation, The American Journal of Jurisprudence (2002)

Marriage is obligatory. This is not to say, of course, that bachelorhood must be avoided...

 

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Fiduciary Relationships Are Not Contracts, Marquette Law Review (1999)

This Article, which explores the nature of fiduciary relationships, demonstrates that these relationships arise and...

 

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The Failure of the Freedom-Based and Utlilitarian Arguments for Assisted Suicide, The American Journal of Jurisprudence (1997)

In recent years, numerous initiatives have been launched to promote physician-assisted suicide. Numerous statutes have...

 

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The Model Physician-Assisted Suicide Act and Jurisprudence of Death (with Kwan Kew Lai), Harvard Journal of Law & Public Policy (1996)

Your State has, let us suppose, a physician in one of its university-affiliated hospitals who...

 

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Opinions of Counsel: What They Are and Why American Companies Ask for Them (with Donald W. Glazer), International Business Law Journal (1991)

Legal opinions - formal letters of legal advice delivered by counsel in financial transactions -...

 

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Legal Opinions in Financial Transactions: Their Purpose and Interpretation (with Donald W. Glazer), Boston Bar Journal (1990)
 

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Opinions of Counsel in Corporate Transactions: Opinions on Compliance with the Company's Charter, By-laws, and Contractual Obligations (with Donald W. Glazer), Columbia Business Law Review (1989)

The opinion delivered by company counsel at the closing of a corporate transaction typically contains...

 

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Legal Opinions in Corporate Transactions: The Opinion that Stock Is Duly Authorized, Validly Issues, Fully Paid and Nonassessable (with Donald W. Glazer), Washington and Lee Law Review (1986)

[Also appears in Opinion Letters of Counsel 1987, 377-412. New York: Practicing Law Institute, 1987.]

 

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Legal Opinions on Secondary Sales of Stock (with Donald W. Glazer), Boston Bar Journal (1986)

[Later versions appear in Columbia Business Law Review, 1988, no.1:149-160, and in Business Opinions, 335-77....

 

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Legal Opinions on Incorporation, Good Standing, and Qualification to do Business (with Donald W. Glazer), Business Lawyer (1985)

[Also appears in Washington and Lee University Law Review 43 (Summer 1986): 240-275, and in...

 
Professional Ethics and the Lawyer Organizing a Corporation, Corporate Practice Commentator (1983)
 

Contributions to Books

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"Just Like Little Dogs": The Law Should Speak with Veracity and Respect, The Jurisprudence of Marriage and Other Intimate Relationships (2010)

This article proposes veracity and respect as basic guides for law. It thus supplements dominant...

 
The Principles of Justice in Procreative Affiliations, What's the Harm? Does Legalizing Same-Sex Marriage Really Harm Individuals, Families, or Society? (2008)

What's the Harm? is an interdisciplinary collection of perspectives on the question of harm--whether legalizing...

 

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Procreative Justice and the Recognition of Marriage, Family and the Law in the 21st Century: Festschrift in Honor of Koji Ono on the Occasion of his 70th Birthday (2007)

This paper proposes that fully procreatively just affiliations -– the ones which satisfy the criteria...

 
The Seduction of Lydia Bennet and the Jurisprudence of the Juristic Society, Family Law: Balancing Interests and Pursuing Priorities: Selected Papers Presented at the 12th World Conference of the International Society of Family Law, Salt Lake City, Utah, July 19-23, 2005 (2007)

The theme of the 12th World Conference of the ISFL is The Family Law –...

 
A City Without Duty, Fault, or Shame, Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution (2006)

This book provides a critical examination of and reflection on the American Law Institute's (ALI)...

 
Wojtylan Insight into Love and Friendship: Shared Consciousness and the Breakdown of Solidarity, Culture of Life- Culture of Death: Consciousness and the Breakdown of Solidarity (2002)

There is a fundamental clash in contemporary society between, on the one hand, an orthodox...

 

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Massachusetts Uniform Security Act, Massachusetts Corporation Law with Federal Tax Analysis (1989)

Continually updated resource

 
Preparing and Interpreting Opinions in Financial Transactions: Nine Hard Questions (with Donald W. Glazer), Opinion Letters of Counsel (1987)
 

Unpublished Papers

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The Law's Duty to Promote the Kinship System: Implications for Assisted Reproductive Techniques and for Proposed Redefinitions of Familial Relations, ExpressO (2014)

Kinship relations, in our society and in most, are organized systematically. That is to say,...

 

Selected Professional Activities

Co-Organizer: Symposium on the Jurisprudence of Family Relations: Privacy, Autonomy, and Should States Regulate Family Relations?, International Academy for the Study of the Jurisprudence of the Family (2013)

Professor FitzGibbon served as a co-organizer for the Symposium on the Jurisprudence of Family Relations:...

 
Harmonious Discourse and the Good of Family Law, North American Regional Conference, International Society of Family Law (2013)

On June 6, 2013, Professor FitzGibbon presented at the North American Regional Conference for the...

 
Member, International Chair on Natural Law and Human Personhood, Pontificia Universidad Católica Argentina (2013)
 
Deeper Meaning of Equal Protection, Paper delivered at Brigham Young University (2012)
 
The Meaning of Equality: Towards Revised Constitutional Principles, Paper presented at BYU Law School (2012)
 
The Biological Basis for the Recognition of the Family, International Society of Family Law Midwestern Regional Conference (2012)
 
The Biological Basis for the Recognition of the Family, Symposium on the Jurisprudence of Extended Families, Extending Families and Intergenerational Solidarity, Doha International Institute for Family Studies and Development; The International Academy for Study of Jurisprudence of the Family; Brigham Young University Law School (2012)
 
Co-Organizer: International Conference on the Jurisprudence of Parenting and the Influence on Culture, Pontifical Catholic University of Argentina and the University of Malta (2011)
 
Parenting and the Culture of Friendship, paper delivered at the Pontifical Catholic University of Argentina (2011)
 

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The Future of Marriage, Massachusetts Institute of Technology Political Science Department (2011)
 
Natural Law and Thieving Spartans, Irish Jurisprudence Society (2011)

Taking as its problematic the Spartan practice and decree described in Plutarch, according to which...

 
Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Paper presented at Brigham Young University (2011)
 
Educational Justice and the Recognition of Marriage, Paper presented at Symposium on Education and Marriage, Brigham Young University (2010)
 
"That Man is You!": The Juristic Person and Faithful Love, Symposium on the Jurisprudence of the Family; Boston College; Brigham Young; Bratislava Law School (2010)