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  • Book cover of Glazer and FitzGibbon on Legal Opinions

    Now you can draft and defend accurate, well-supported third party legal opinions with complete confidence! In Glazer and FitzGibbon on Legal Opinions, three outstanding authorities give you intensely practical guidance - including sample opinion language throughout the text - that shows you how to determine which versions of the standard opinion clauses you should use, establish the factual basis for the opinion, and take all the steps necessary to support your opinion. the authors describe customary practice and its implications, identify areas of uncertainty and suggests how disputed areas should be resolved. Extensive appendices reproduce all the ABA and TriBar Opinion Committee Reports, as well as all the Bar Association reports of various states. This valuable information is also included on a bonus companion CD-ROM.

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  • Book cover of FitzGibbon and Glazer on Legal Opinions

    Now you can draft & defend accurate, well-supported legal opinions with complete confidence! Two outstanding authorities give you intensely practical guidance including sample opinion language throughout the text that shows you how to: Determine which versions of the standard opinion clauses you should use Establish the factual basis for the opinion Take all the steps necessary to support your opinion. Extensive appendices include the influential ABA Legal Opinion Report & commentaries on it, plus other Bar & Bar Association guidelines.

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    There is a considerable incongruity between the ends and aims of the business association, on the one hand, and the ends and aims of the family -- and thus of most family businesses -- on the other. This Essay proposes a principle for the guidance of the law in such matters. This is the principle of subsidiarity, which instructs government and the law to recognize the smaller organizations of society and to foster their functioning along lines appropriate to their purposes and along the lines intended by their principals.This Essay develops an especially rich account of the principle of subsidiarity, according to which that principle calls for a presumption, in matters concerning family businesses, that the principals intend the normativity of the family to dominate. Vigorous application of this enriched principle, it is here proposed, will lead to important doctrinal developments, and also to courts' reorienting their general attitude towards the development of the theory and policy of business associations.

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    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 that failure of recognition in such matters may sow the seeds of social tragedy.

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    This article develops a definition of the term "office," (as in 'judicial office" or the office of physician or guardian) as follows: "an office is a ministry to the good of others in some special respect, exercised under the guidance of a system of rules and principles which impose obligations." The article reviews the components of this definition with special attention to the meaning and good of obligation. The article discusses certain further features of office which often accompany the institution, such as self-sacrificial dedication to ministry. It explores the ethical basis for the recognition and exercise of office, identifying those practices as founded not only on the obvious instrumental goods such as efficiency but also on non-instrumental goods such as those of knowledge and steadiness of character. Further, the article identifies marriage as involving office, proposing that the roles of husband and wife, although they are decreasingly understood in our society in a way which emphasizes their ministerial or obligational sides, are eligible to be regarded as offices.

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    The family is a 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 that, 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 disposition to do so. It includes childbearing and childbirth, breastfeeding, and the maternal and paternal instincts and dispositions. It forms the center and core of what Erik Erikson and other social scientists have referred to as "generativity." The natural aspects of the family display a markedly integrated quality. Thus, making love and the disposition to do so are often and appropriately a cause of pregnancy; they are together with the pregnancy the cause of the genetically affiliated offspring; and parenting, including the physical and biological aspects of parenting such as breastfeeding and child care, develop a child well-positioned to carry on the process into future generations. Natural bonds -- "blood ties" -- exercise a perennial traction on human loyalties. This is evident in the desire of adopted children to identify and bond with their biological parents; in the quest of offspring for their sperm-donor fathers or egg-donor mothers;6 and in the suffering expressed by those whose parents have departed or deserted the family.