Professor Scott FitzGibbon is a graduate of the Harvard Law School where he was an Articles Officer of the Harvard Law Review, and of Oxford University where he studied legal philosophy. He teaches Jurisprudence, Corporations, Securities Regulation, and Contracts.

Professor FitzGibbon is the author of FitzGibbon and Glazer on Legal Opinions: What Opinions in Financial Transactions Say and What They Mean (Little, Brown, 1992) and of numerous articles on business law and legal philosophy, including the recent "The Failure of the Freedom-Based and Utilitarian Jusifications for Assisted Suicide," in the American Journal of Jurisprudence. He is a member of the American Law Institute and of the Fellowship of Catholic Scholars.

EDUCATION

B.A., Antioch College; J.D., Harvard University; B.C.L., Oxford University

RECENT ACTIVITIES

Work in Progress: "True Human Community: Aristotelian Ethics, Catholic Moral Theology, and the Structure of the Business Company," an article accepted for publication in the American Journal of Jurisprudence.

Presentations: “"The Jurisprudence of the Juristic Society: The Law Must Protect and Promote a Social Order of Obligation, Honor, and Office," at St. Anselm’s College, Manchester, New Hampshire, in March 2005.

Appointments: Membership in the Society of Catholic Social Scientists and in the International Society of Family Law.

Other: Participated in a discussion of same-sex marriage on the New England Cable News program NewsNight in December 2004.

COURSES

Fall '07: Contracts
Spring '08: Jurisprudence; Marriage: Law & Theory

• "The Seduction of Lydia Bennet and the Jurisprudence of the Juristic Society."  In 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, edited by Lynn D. Wardle and Camille S. Williams, 64-72. Buffalo, NY: William S. Hein, 2007.
  
• "Procreative Justice and the Recognition of Marriage." In Family and the Law in the 21st Century: Festschrift in Honor of Koji Ono on the Occasion of his 70th Birthday. Editors, M.Obi, K.Niijima. Tokyo: Hogakushoin Pub.Co., 2007.
  
• "The Seduction of Lydia Bennet: Toward a General Theory of Society, Marriage, and the Family." Ave Maria Law Review 4 (2006): 581-609.
  
• “A City Without Duty, Fault, or Shame.”   In Reconceiving the Family: Critique on the American Law Institute’s Principles of the Law of Family Dissolution, edited by Robin Fretwell Wilson, 28-45. Cambridge [UK]: Cambridge University Press, 2006.
  
• "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. Symposium: Single-Sex Marriage. (May 2005) Available at http://www.bepress.com/ils/iss5/art5 [Access limited to subscribers]
  
• "Marriage and the Ethics of Office." Notre Dame Journal of Law, Ethics & Public Policy 18 (2004) (Symposium on Marriage and the Law): 89-135.
  
• "Marriage and the Good of Obligation." The American Journal of Jurisprudence 47 (2002): 41-69.
  
• "Wojtylan Insight into Love and Friendship: Shared Consciousness and the Breakdown of Solidarity." In Culture of Life -- Culture of Death: Proceedings of the International Conference on The Great Jubilee and the Culture of Life, Luke Gormally, editor, 279-298. London: Linacre Centre, 2002.
  
• ""True Human Community": Catholic Social Thought, Aristotelean Ethics, and the Moral Order of the Business Company." St. Louis University Law Journal 45 (Fall 2001): 1243-1279.
  
• With Donald W. Glazer. Glazer and FitzGibbon on Legal Opinions: Drafting, Interpreting and Supporting Closing Opinions in Business Transactions. 2nd ed. New York: Aspen Law & Business, 2001.
  
• "Fiduciary Relationships Are Not Contracts." Marquette Law Review 82 (1999): 303-353.
  
• "The Failure of the Freedom-Based and Utilitarian Arguments for Assisted Suicide." The American Journal of Jurisprudence 42 (1997): 211-261.
  
• With Kwan Kew Lai. "The Model Physician-Assisted Suicide Act and Jurisprudence of Death." Harvard Journal of Law & Public Policy 20 (Fall 1996): 127-173.
  
• With Donald W. Glazer. FitzGibbon and Glazer on Legal Opinions: What Opinions in Financial Transactions Say and What They Mean. Boston: Little, Brown and Company, 1992. (Supplemented by 1994 Supplement to FitzGibbon and Glazer on Legal Opinions, by FitzGibbon and Glazer. Boston, MA: Little, Brown and Co., 1994; 1995 Supplement to Fitzgibbon and Glazer on Legal Opinions. Boston: Little, Brown and Company, 1995.)
  
• With Donald W. Glazer. "Opinions of Counsel: What They Are and Why American Companies Ask for Them." International Business Law Journal 7 (1991): 873-882.
  
• With Donald W. Glazer. "Legal Opinions in Financial Transactions: Their Purpose and Interpretation." Boston Bar Journal 34, no. 6 (November-December 1990): 17-21. [Also appears in Business Opinions 1991: Recent Developments in Opinion Practice, 733-741, New York: Practising Law Institute, 1991.]
  
• With Donald W. Glazer. "Opinions of Counsel in Corporate Transactions: Opinions on Compliance with the Company's Charter, By-laws, and Contractual Obligations." Columbia Business Law Review no. 2 & 3 (1989): 323-341.
  
• With Donald W. Glazer. "Legal Opinions in Corporate Transactions: Opinions relating to Security Interests in Personal Property." Business Lawyer 44 (May 1989): 655-692.
  
• "Massachusetts Uniform Security Act" and "The Massachusetts Corporate Take-Over Statute." In Massachusetts Corporation Law with Federal Tax Analysis, by Peter A. Donovan and Zolman Cavitch, 14-1 - 14-39 and 14A-1 - 14A-20. New York: Matthew Bender, 1989.
  
• "Common Law Liability for Defective Opinions and How to Avoid It." In Business Opinions, 589-612. New York: Practicing Law Institute, 1988.
  
• With Donald W. Glazer. "Preparing and Interpreting Opinions in Financial Transactions: Ten Hard Questions." In Business Opinions, 21-40. New York: Practicing Law Institute, 1988.
  
• With Donald W. Glazer. "Legal Opinions in Corporate Transactions: The Opinion on Agreements and Instruments." Journal of Corporation Law 12 (Summer 1987): 657-697. [Also appears in Opinion Letters of Counsel 1987, 335-375, New York: Practising Law Institute, 1987, and in Business Opinions, 291-333, New York: Practising Law Institute, 1988, and in Corporate Practice Commentator 30 (1988-1989): 43-84.]
  
• With Donald W. Glazer. "Preparing and Interpreting Opinions in Financial Transactions: Nine Hard Questions." In Opinion Letters of Counsel 1987, 293-311. New York: Practising Law Institute, 1987.
  
• With Donald W. Glazer. "Legal Opinions on Secondary Sales of Stock." Boston Bar Journal 30, no. 6 (November-December 1986): 30-35. [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.]
  
• With Donald W. Glazer. "Legal Opinions in Corporate Transactions: The Opinion that Stock Is Duly Authorized, Validly Issued, Fully Paid and Nonassessable." Washington and Lee Law Review 43 (Summer 1986): 863-898. [Also appears in Opinion Letters of Counsel 1987, 377-412. New York: Practising Law Institute, 1987.]
  
• With Donald W. Glazer. "Legal Opinions on Incorporation, Good Standing, and Qualification to Do Business." Business Lawyer 41 (1985-1986): 461-481. [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: Practicing Law Institute, 1988.]
  
• "Professional Ethics and the Lawyer Organizing a Corporation." Corporate Practice Commentator 25 (1983-1984): 198-231.
  
• Professional Ethics, Organizing Corporations, and the Ideology of Corporate Articles and By-laws. Chicago: American Bar Association, 1982.
  
• "What is a Security? -- A Redefinition Based on Eligibility to Participate in the Financial Markets." Minnesota Law Review 64 (1980): 893-948.