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Failing To Protect Participants' Fundamental Rights In Drug Treatment Court, Michel Panaretos Fullerton

Montana Law Review

This comment begins with the story of Karlyle Plouffe, a young adult participant in the Mineral County DUI/Drug Treatment Court. Next, the paper details the Sixth Amendment fundamental rights afforded to all criminal offenders and the manner in which those rights apply to defendants upon entry into drug treatment court. The paper then details the Fifth Amendment privilege against self-incrimination and presents the sole exception to the rule—namely, that one must affirmatively waive that privilege. The paper outlines the history of drug treatment courts, as well as the Bureau of Justice Assistance’s best practices for drug treatment courts. Next, those …

Response: Commandeering Information (And Informing The Commandeered), Anthony Johnstone

Faculty Law Review Articles

This article is a response to Can the States Keep Secrets from the Federal Government? by Robert Mikos. The author amplifies and extends Professor Mikos's first point, which identifies the commandeering problem and suggests some limits to his second point, which proposes a judicially managed solution.

If Skilling Can't Get A Change Of Venue, Who Can? Salvaging Common Law Implied Bias Principles From The Wreckage Of The Constitutional Pretrial Publicity Standard, Jordan Gross

Faculty Law Review Articles

Fifty years ago, the United States Supreme Court issued three landmark decisions recognizing local pretrial publicity and community hostility in a charging venue as extraneous forces that can impact jurors’ ability to be constitutionally impartial. It later held that local prejudice can be so incompatible with a defendant’s right to an impartial jury that a trial in that community violates due process and may require a change in venue. Paradoxically, successful venue challenges under this federal constitutional pretrial publicity standard have become increasingly rare even as the volume, sensationalism, and pervasiveness of media coverage of criminal trials have increased with …

Foreword: The State Of The Republican Form Of Government In Montana, Anthony Johnstone

Faculty Law Review Articles

This foreword to the 2012 Browning Symposium contributes to the discussion of republican forms of government in the states by situating Montana's experience in broader themes of federal intervention in state republicanism. It serves as an epilogue to match Jeff Wiltse's prologue, which reexamines the election in 1912 that gave birth to the Corrupt Practices Act by examining the aftermath of the U.S. Supreme Court's burial of that law 100 years later.

Part I of the foreword considers the recent federal constitutional challenges that dismantled elements of the republican form of government that prevailed in Montana for the past century. …