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Articles 1 - 30 of 39
Full-Text Articles in Entire DC Network
Look Again At Stare Decisis In Montana, Jeffrey T. Renz
Look Again At Stare Decisis In Montana, Jeffrey T. Renz
Faculty Journal Articles & Other Writings
The author responds to a critical review of his law review article, Stare Decisis in Montana, 65 Mont. L. Rev. 41 (2004).
Book Review: "Coyote Warrior", Stacey L. Gordon
Book Review: "Coyote Warrior", Stacey L. Gordon
Faculty Journal Articles & Other Writings
The author reviews the book, "Coyote Warrior," by Paul VanDevelder, which documents tribal chairman Martin Cross's political fight to prevent the building of Garrison Dam and the latter legal battles his son, Raymond Cross, fought to win compensation for the land tribes were forced to give up when the dam was built.
A Preservation Paradox: Political Prestidigitation And An Enduring Resource Of Wildness, Sandra B. Zellmer
A Preservation Paradox: Political Prestidigitation And An Enduring Resource Of Wildness, Sandra B. Zellmer
Faculty Law Review Articles
The nation's preeminent preservation statute, the Wilderness Act of 1964, is now 40 years old. By authorizing a network of congressionally designated wilderness areas on public lands, the Act has proved invaluable for protecting special areas from the most intensive forms of intrusion by humankind But the Act is facing a midlife crisis, and legitimate questions have been raised about its continuing viability as a conservation tool. This Article concludes that the preservation of wild lands remains an essential component of federal public lands management, but that the Wilderness Act, standing alone, has not fulfilled its promise of securing an …
Will Montana Breathe Life Into Its Positive Constitutional Right To Equal Educational Opportunity?, Hillary A. Wandler
Will Montana Breathe Life Into Its Positive Constitutional Right To Equal Educational Opportunity?, Hillary A. Wandler
Montana Law Review
Will Montana Breathe Life Into Its Positive Constitutional Right to Equal Educational Opportunity?
Eighty Years Of Indian Voting: A Call To Protect Indian Voting Rights, Danna R. Jackson
Eighty Years Of Indian Voting: A Call To Protect Indian Voting Rights, Danna R. Jackson
Montana Law Review
Eighty Years of Indian Voting
State V. Robinson: Free Speech, Or Itchin' For A Fight?, Thomas W. Korver
State V. Robinson: Free Speech, Or Itchin' For A Fight?, Thomas W. Korver
Montana Law Review
State v. Robinson
Disability And Technology, Edward L. Myers Iii
Disability And Technology, Edward L. Myers Iii
Montana Law Review
Disability and Technology
Death With Dignity In Montana, James E. Dallner, D. Scott Manning
Death With Dignity In Montana, James E. Dallner, D. Scott Manning
Montana Law Review
Death with Dignity in Montana
Recent Decisions Affecting The Montana Practitioner
Recent Decisions Affecting The Montana Practitioner
Montana Law Review
Recent Decisions Affecting the Montana Practitioner
Reconstructing The Plain Language Rule Of Statutory Construction: How And Why, Maxine D. Goodman
Reconstructing The Plain Language Rule Of Statutory Construction: How And Why, Maxine D. Goodman
Montana Law Review
Reconstructing the Plain Language Rule of Statutory Construction
Reconsidering The Original Founding Of Indian And Non-Indian America: Why A Second American Founding Based On Principles Of Deep Diversity Is Needed, Raymond Cross
Public Land & Resources Law Review
No abstract provided.
Table Of Contents, Table Of Contents Public Land & Resources Law Review
Table Of Contents, Table Of Contents Public Land & Resources Law Review
Public Land & Resources Law Review
No abstract provided.
Past, Present, And Future Trends Of The Endangered Species Act, J. B. Ruhl
Past, Present, And Future Trends Of The Endangered Species Act, J. B. Ruhl
Public Land & Resources Law Review
No abstract provided.
Is The Glass Half Empty Or Half Full? Challenging Incomplete Agency Action Under Section 706(1) Of The Administrative Procedure Act, Christina Larsen
Is The Glass Half Empty Or Half Full? Challenging Incomplete Agency Action Under Section 706(1) Of The Administrative Procedure Act, Christina Larsen
Public Land & Resources Law Review
No abstract provided.
Voiding Auto Insurance Clauses For Violating Public Policy, Greg Munro
Voiding Auto Insurance Clauses For Violating Public Policy, Greg Munro
Faculty Journal Articles & Other Writings
This article addresses how a lawyer faced with an unambiguous auto insurance policy provision detrimental to his insured or claimant may analyze the provision to determine if it is potentially void and unenforceable.
Graceful Maneuvering: Corporate Avoidance Of Liability Through Bankruptcy And Corporate Law, John C. Heenan
Graceful Maneuvering: Corporate Avoidance Of Liability Through Bankruptcy And Corporate Law, John C. Heenan
Montana Law Review
Corporate Avoidance of Liability Through Bankruptcy and Corporate Law
State V. Reesman: Totality Of The Circumstances Or A Recipe For Mulligan Stew?, James D. Johnson
State V. Reesman: Totality Of The Circumstances Or A Recipe For Mulligan Stew?, James D. Johnson
Montana Law Review
State v. Reesman
Editorial Board, Montana Law Review
Editorial Board, Montana Law Review
MLR Editorial Boards
Editor-in-Chief Thomas W. Korver Assistant Editors-in Chief J. Wayne Capp Mark J. Luebeck Executive Editor Benjamin T. Cory Managing Editors Kathryn J. Bell James E. Dallner Intake Editors Cassie Coleman J. Winston Irwin Symposium Editor Lisa M. Polk Staff Charlotte S. Beatty Megan Heahlke Michael Manning Jessica Penkal Jeffrey D. Perkins Christopher S. Stoneback Matthew C. Thuesen Faculty Advisor J. Martin Burke
Fundamental Human Rights Compared In Two Progressive Constitutions: Japan And Montana, Fritz Snyder
Fundamental Human Rights Compared In Two Progressive Constitutions: Japan And Montana, Fritz Snyder
Faculty Law Review Articles
This article focuses on certain of the fundamental or inalienable rights of the Japan Constitution and compares and contrasts them with their counterparts in the Montana Constitution.
True To Character: Honoring The Intellectual Foundations Of The Character Evidence Rule In Domestic Violence Prosecutions, Andrew King-Ries
True To Character: Honoring The Intellectual Foundations Of The Character Evidence Rule In Domestic Violence Prosecutions, Andrew King-Ries
Faculty Law Review Articles
This article calls for a new character evidence rule allowing the admission of prior acts of abuse within the context of a current domestic violence prosecution. Section II discusses the history of domestic violence in America and explores the three ways that the law has condoned domestic violence, including implicit sanction through the effect of the character evidence rule. Section III examines the intellectual background of the character evidence ban. This section also explores the conflict between the character evidence rule and the law's recognition of domestic violence. Further, Section III demonstrates how the character evidence ban violates its underlying …
A New Corps Of Discovery For Missouri River Management, Sandra B. Zellmer
A New Corps Of Discovery For Missouri River Management, Sandra B. Zellmer
Faculty Law Review Articles
No abstract provided.
From The People Who Brought You Safeco Field: Safeco Court Reporters!, Greg Munro
From The People Who Brought You Safeco Field: Safeco Court Reporters!, Greg Munro
Faculty Journal Articles & Other Writings
This article questions the practice of an insurer involved in litigation contracting all of its deposition reporting services exclusively with a single court reporting service.
Insurance Coverage For Damages For Emotional Distress In Montana, Greg Munro
Insurance Coverage For Damages For Emotional Distress In Montana, Greg Munro
Faculty Journal Articles & Other Writings
This article has the twin purposes of exploring the circumstances in which Montana tort law recognizes emotional distress as compensable and examining the problem of securing insurance coverage of emotional distress damages.
Questions Of Fact In The Practice Of Law: A Response To Allen & Pardo's Facts In Law, Facts Of Law, Paul F. Kirgis
Questions Of Fact In The Practice Of Law: A Response To Allen & Pardo's Facts In Law, Facts Of Law, Paul F. Kirgis
Faculty Journal Articles & Other Writings
In an article in this journal, Professor Ronald Allen and Michael Pardo critiqued efforts to explain the fact-law distinction on ontological, epistemological or analytical grounds. Finding those efforts unavailing, the authors concluded that decisions to label an issue 'legal' or 'factual' rest on purely functional considerations turning on a complex set of variables including the conventional meanings of the terms, structural relationships among potential decision-makers, and a distinction between matters of general and specific import. In this response, it is argued that Allen and Pardo's critique is accurate to the extent it addresses the fact-law distinction from a general jurisprudential …
Race, Rankings, And The Part-Time Free Pass, Paul F. Kirgis
Race, Rankings, And The Part-Time Free Pass, Paul F. Kirgis
Faculty Journal Articles & Other Writings
My primary objective in this article is to determine, at least tentatively, the extent to which law schools use the U.S. News free pass to promote diversity by way of their part-time programs. Secondarily, I hope to begin a dialog about whether this use of the free pass is a good thing, from the perspective of a proponent of greater minority representation in law schools. One view perhaps the one held by most people committed to greater law school access for minorities-is that virtually any strategy to increase minority enrollment would have merit. But use of the free pass to …
The Power Of Congress "Without Limitation" In The Twenty-First Century, Peter A. Appel
The Power Of Congress "Without Limitation" In The Twenty-First Century, Peter A. Appel
Public Land & Resources Law Review
No abstract provided.
What Would The Salmon Say? An Argument For Supplementation To Help Rebuild Naturally Reproducing Salmon Populations In The Columbia Basin, Matthew Johnson
What Would The Salmon Say? An Argument For Supplementation To Help Rebuild Naturally Reproducing Salmon Populations In The Columbia Basin, Matthew Johnson
Public Land & Resources Law Review
No abstract provided.
The Creative Commons, Lawrence Lessig
Recent Decisions Affecting The Montana Practitioner
Recent Decisions Affecting The Montana Practitioner
Montana Law Review
Recent Decisions Affecting the Montana Practitioner
The Death Penalty In Montana: A Violation Of The Constitutional Right To Individual Dignity, Amanda K. Eklund
The Death Penalty In Montana: A Violation Of The Constitutional Right To Individual Dignity, Amanda K. Eklund
Montana Law Review
The Death Penalty in Montana