Everybody\u27s Doing It—But Who Should Be? Standing to Make a Disqualification Motion Based on an Attorney\u27s Representation of a Client with Interests Adverse to Those of a Former Client

This article examines the issue of standing for disqualification motions based on an attorney’s representation of a client with interest adverse to those of a former client of the attorney. The article focuses on the appropriateness of granting standing to nonclients to make disqualification motions, particularly when the former client has not objected to the attorney’s alleged conflict of interest. First, the article examines the Model Code of Professional Responsibility provisions implicated when an attorney is charged with a conflict of interest between present and former clients to discern what rights the Code wanted to safeguard. Second, this article considers the standing of the former client to determine whose rights are being protected when he moves to disqualify and to provide a frame of reference for the analysis of nonclient standing. Finally, the bulk of this article focuses on the propriety of permitting nonclients to make disqualification motions. This article suggests that courts will provide better, long-term protection for the interests the Code seeks to safeguard by curtailing the standing rights of nonclients to make disqualification motions

Everybody\u27s Doing It—But Who Should Be? Standing to Make a Disqualification Motion Based on an Attorney\u27s Representation of a Client with Interests Adverse to Those of a Former Client

This article examines the issue of standing for disqualification motions based on an attorney’s representation of a client with interest adverse to those of a former client of the attorney. The article focuses on the appropriateness of granting standing to nonclients to make disqualification motions, particularly when the former client has not objected to the attorney’s alleged conflict of interest. First, the article examines the Model Code of Professional Responsibility provisions implicated when an attorney is charged with a conflict of interest between present and former clients to discern what rights the Code wanted to safeguard. Second, this article considers the standing of the former client to determine whose rights are being protected when he moves to disqualify and to provide a frame of reference for the analysis of nonclient standing. Finally, the bulk of this article focuses on the propriety of permitting nonclients to make disqualification motions. This article suggests that courts will provide better, long-term protection for the interests the Code seeks to safeguard by curtailing the standing rights of nonclients to make disqualification motions

Blood Feud and State Control: Differing Legal Institutions for the Remedy of Homicide During the Second and First Millennia B.C.E.

Since the discovery of the Laws of Hammurapi in December 1901–January 1902,1 the dependence of biblical law upon Mesopotamian law has been hotly debated. Among the most contentious issues is the abjudication of homicide, and the discussion has focused on particular odd cases in biblical law, such as an ox that gored or assault on a pregnant woman, that appear to have been borrowed from Mesopotamian law.2 The more common occurrences of fatal assault and the procedures to remedy them, however, have been largely ignored. What institutions insured that homicide was punished in biblical law, and what relationship did they have to Mesopotamian legal process? I will argue that the institutions that insured that a homicide would be investigated and remedied in biblical law were vastly different from those in Mesopotamian law and that the difference originates in disparate conceptions of the organization of society. Mesopotamian texts reflect the extensive involvement of the state in the process of remedying homicide. The members of the victim’s family participated in the process insofar as they had the right to make a claim on the slayer, but there does not seem to be any apprehension generated by the possibility of a blood avenger waiting to strike down the killer. By contrast, blood feud operated in biblical law, and places of sanctuary were needed to protect the killer

Through the Kaleidoscope of Literary Imagery in Exodus 15: Poetics and Historiography in Service to Religious Exuberance

Exodus 15, the Song at the Sea, appears to be triggered by the divine victory over the Egyptians at the Sea, but the poet draws on other literary images of destruction, images that are incompatible, in order to express exuberance over divine victory. This seemingly rudimentary technique is adroitly deployed in tandem with strategies of historical shaping and poetics. Time is retarded and accelerated, events and characters are omitted or transformed, and perspective and emphasis are shifted. Reality contemporary to the poet is mirrored in the distant past. Poetic strategies of endstopping, varying line length, and staircase parallelism work in tandem to heighten emotional intensity

Adoption

Adoption was extant as a legal institution in the ancient Near East and Mediterranean world. In most cases, the adoptee acquired the rights of a natural born child, especially to an inheritance, but in some cases, the adoptee obtained lesser rights than natural born children. Generally, adoptions created the bond of parent and child, but other kin relationships could have been formed. Abandoned youngsters were adopted, but often the adoptees were relatives or slaves of the adopter before the act of adoption took place. Adoption is to be distinguished from guardianship, a relationship in which a minor receives protection and support from an adult but is not considered the son or daughter of the adopter

Ancient Near Eastern Law

Ancient Near Eastern Law. The oldest documented law comes from the ancient Near East. The earliest legal texts come from about 2600 B.C.E., a few hundred years after the invention of writing, and they predate by millennia the documentation for law from the other early civilizations of China and India

“Achieving Justice Through Narrative in the Bible: The Limitations of Law in the Legal Potential of Literature,” Zeitschrift für Altorientalische und Biblische Rechtsgeschichte 20 (2014): 181-199.

Narrative aspires to moral justice, a justice in which hurts are acknowledged, offenders acknowledge the fault of their actions, and relationships are restored. The goal of narrative is ethical and spiritual relief, and the concern is with the victim, rather than the offender. By focusing on the victim, narrative is concerned with the harm experienced rather than the identification and punishment of the offender. It has the aim of restorative justice, healing the harm experience by the victim, rather than disciplining the offender in the interest of retribution or deterrence

The self-made man ; success and stress American style

xiii, 367 p. ; 22 cm