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Articles 1 - 15 of 15
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Tribal Data Governance And Informational Privacy: Constructing "Indigenous Data Sovereignty", Rebecca Tsosie
Tribal Data Governance And Informational Privacy: Constructing "Indigenous Data Sovereignty", Rebecca Tsosie
Montana Law Review
This essay discusses tribal claims to data sovereignty and informational privacy, examining the nature of the respective claims, as well as how tribal governments can exercise effective authority over the collection and use of data about the community and its members. Part I of the essay explores the issue of data sovereignty comparatively, framing the concept within its global and national contexts, and then discussing the rights of tribal governments and other Indigenous peoples. Part II of the essay examines the various claims that are comprised within the movement toward "Indigenous data sovereignty," as well as the current context of …
From The Coils Of The Anaconda, Restriction Of Constitutional Amendment By Popular Initiative In Montana Association Of Counties V. State, Ryan Douglas
Montana Law Review
This note examines the ways in which Montana Association of Counties concerns Montana law, elections, and history. While it is now nearly futile to suggest any regulation of campaign speech based on the speaker's corporate identity, it is possible to limit the influence of outsiders on the political process and fundamental text of the state. Part II discusses the historical development of the statutory initiative and referendum regime that existed under the 1889 Constitution and tracks its transition to the constitutional amendment by popular initiative process that emerged as part of Montana's 1972 Constitution. Part III describes the factual background, …
Giggin' In The 21st Century, Haley Ford
Giggin' In The 21st Century, Haley Ford
Montana Law Review
Against this backdrop and based upon an analysis of fairness and complexity principles, this comment argues for several tax policy changes that should be implemented immediately in order to address some of the most pressing concerns gig economy workers presently face under current labor classifications. Part II provides a background of the gig economy while explaining the legal rationale behind the present classification of gig economy workers as independent contractors. Part II then illustrates the mechanics of a standard gig economy transaction generally, concluding with a side-by side comparison of a gig economy worker and a similarly-situated employee. Part III …
Remarks At The Dedication Of Walter Lyndon Pope Memorial Library, University Of Montana Law School June 9, 1979, James R. Browning
Remarks At The Dedication Of Walter Lyndon Pope Memorial Library, University Of Montana Law School June 9, 1979, James R. Browning
Montana Law Review
No abstract provided.
The Parable Of Portobello: Lessons And Questions From The First Urban Acquisition Under The Scottish Community Right-To-Buy Regime, John A. Lovett, Malcolm M. Combe
The Parable Of Portobello: Lessons And Questions From The First Urban Acquisition Under The Scottish Community Right-To-Buy Regime, John A. Lovett, Malcolm M. Combe
Montana Law Review
Scholars, lawyers, and activists interested in community development in the United States, Scotland, or any country seeking to expand community ownership of land will be interested, we think, in the lessons we learned in Portobello and the questions it poses for the future.
2019 James R. Browning Distinguished Lecture In Law, "Holding The Delicate Balance Steady And True": The History Of Fisa's Grand Bargain, Richard C. Tallman, Tania M. Culbertson
2019 James R. Browning Distinguished Lecture In Law, "Holding The Delicate Balance Steady And True": The History Of Fisa's Grand Bargain, Richard C. Tallman, Tania M. Culbertson
Montana Law Review
The Honorable Richard C. Tallman and his career law clerk Tania M. Culbertson explain what led to the passage of the Foreign Intelligence Surveillance Act ("FISA") and its creation of the FISA courts, and describe the grand bargain that was struck between our three branches of government when creating FISA's judicial review procedures over domestic espionage and counter-terrorism investigations. Their hope is to leave you with a keener understanding of how we have arrived at where we are today, and how the judiciary understands its oversight role within FISA's statutory framework under our Constitution.
A Legal Response To The Sovereign Citizen Movement, Caesar Kalinowski Iv
A Legal Response To The Sovereign Citizen Movement, Caesar Kalinowski Iv
Montana Law Review
This article seeks to provide civil servants, law enforcement, and the judiciary with a comprehensive reference guide to the Sovereign Citizen movement. To do this, the article attempts to make sense of and explain the most common Sovereign Citizen themes and their failings under the Constitution: first, the jurisdiction of the federal government over actual flesh and blood citizens; second, the ability to tax citizens and redeeming the "strawman" (the so-called "Redemption Scheme"); and third, the individual's right to travel. By explaining the legal shortcomings of the Sovereign Citizen ideology, lawyers and judges can address citizens' concerns about government overreach, …
You Can't Escape Your Past: State V. Blaz And The Future Of 404(B) Evidence In Montana, Britton Fraser
You Can't Escape Your Past: State V. Blaz And The Future Of 404(B) Evidence In Montana, Britton Fraser
Montana Law Review
This note focuses on identity evidence—specifically, the admissibility of evidence of past crimes or acts in order to identify the defendant as the perpetrator of a crime. It explains how the Court, by improperly expanding its prior rulings, opened the floodgates to admit types of behavior that have not constituted uniquely identifying criminal signatures. It also seeks to illustrate the effect this expansion might have on the admissibility of such evidence in the future. Part II of this note begins with a brief background on applicable Montana law and an overview of the law’s purpose. Part II also discusses prior …
2018 James R. Browning Symposium Keynote, Matthew L.M. Fletcher
2018 James R. Browning Symposium Keynote, Matthew L.M. Fletcher
Montana Law Review
No abstract provided.
Tribal Nations And Congress's Power To Define Offences Against The Law Of Nations, John H. Dossett
Tribal Nations And Congress's Power To Define Offences Against The Law Of Nations, John H. Dossett
Montana Law Review
The Framers of the Constitution founded the United States on a principle that the federal government has limited, enumerated powers. This Article advances the Offences Clause as an additional, and important, source of federal authority in Indian affairs, particularly for the Indian Child Welfare Act. There is considerable evidence that the Offences Clause was intended to authorize Congress to regulate relationships with tribal nations as well as foreign governments. This Article puts forth the Offences Clause as a response to the challenges raised by Justice Thomas and the State of Texas, including concerns about racial classification or overreach of commerce …
On Indian Children And The Fifth Amendment, Matthew L.M. Fletcher
On Indian Children And The Fifth Amendment, Matthew L.M. Fletcher
Montana Law Review
No abstract provided.
United States V. Gillette: A Tiny Prairie Casenote Opening A Window On The Enveloping Fog Obscuring The Indian Civil Rights Act Of 1968, Frank Pommersheim
United States V. Gillette: A Tiny Prairie Casenote Opening A Window On The Enveloping Fog Obscuring The Indian Civil Rights Act Of 1968, Frank Pommersheim
Montana Law Review
United States v. Gillette is one of the first reported cases on the new post-United States v. Bryant road. As of yet, there is no reliable (legal) GPS to point the way. This "tiny prairie" casenote is not meant to focus on the answers, but rather clarify the questions and to widen the discussion as the journey continues.
Buddha Speaks Wisdom At The University Of Montana Law Review Symposium On Indian Law, Frank Pommersheim
Buddha Speaks Wisdom At The University Of Montana Law Review Symposium On Indian Law, Frank Pommersheim
Montana Law Review
No abstract provided.
Sovereign Metaphors In Indian Law, Gregory Ablavsky
Sovereign Metaphors In Indian Law, Gregory Ablavsky
Montana Law Review
This exploration reveals that tribes were not as anomalous as the Supreme Court of the United States has suggested. Even while the Court proclaimed the Tribes' uniqueness, it readily applied doctrines developed in the context of foreign nations, states and U.S. territories to Native nations, ignoring the differences between the situation of tribes and other sovereigns. This narrative about what tribes lack when compared to other sovereigns has become a constant, and pernicious, trope within the discourse of Indian law.
From Foundational Law To Limiting Principles In Federal Indian Law, Alexander T. Skibine
From Foundational Law To Limiting Principles In Federal Indian Law, Alexander T. Skibine
Montana Law Review
Federal Indian law has been "exceptional" in the sense of being distinctively compared to other areas of American Public Law. This Article analyzes areas of federal Indian Law where the application of exceptionalism and foundational principles is especially likely to motive the Supreme Court of the United States to search for limiting principles. The Article focuses on tribal sovereign immunity cases, tribal-state conflicts involving off-reservation treaty rights, and state taxing power within Indian reservations.