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Look Again At Stare Decisis In Montana, Jeffrey T. Renz Nov 2004

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 Oct 2004

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 Oct 2004

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 Jul 2004

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 Jul 2004

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 Jul 2004

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 Jul 2004

Disability And Technology, Edward L. Myers Iii

Montana Law Review

Disability and Technology


Death With Dignity In Montana, James E. Dallner, D. Scott Manning Jul 2004

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 Jul 2004

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 Jul 2004

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 Jun 2004

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 Jun 2004

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 Jun 2004

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 Jun 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

The Creative Commons, Lawrence Lessig

Montana Law Review

The Creative Commons


Recent Decisions Affecting The Montana Practitioner Jan 2004

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 Jan 2004

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