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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 …
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.
A Legisprudential Analysis Of Evidence Codification: Why Most Evidence Rules Should Not Be Codified—But Privilege Law Should Be, Paul F. Kirgis
A Legisprudential Analysis Of Evidence Codification: Why Most Evidence Rules Should Not Be Codified—But Privilege Law Should Be, Paul F. Kirgis
Faculty Law Review Articles
In this article, I will suggest standards for use in assessing a proposed codification. Although the standards I will identify are useful for evaluating a proposed codification of privilege law, they are also more generally applicable. Indeed, I will use them to examine the codification of evidence law in general. First, I will ask whether, as a normative matter, the law of evidence should be codified. I will then focus on the individual rules of evidence, most notably the privilege rules, to draw conclusions about whether those standards are met.
The Agency Law Origins Of The Necessary And Proper Clause, Robert G. Natelson
The Agency Law Origins Of The Necessary And Proper Clause, Robert G. Natelson
Faculty Law Review Articles
In this article the author suggests that the meaning of the Necessary and Proper Clause has seemed unclear to modern commentators because they have not been looking in the right place. In Part II the author subjects the Necessary and Proper Clause to textual analysis, incorporating in that analysis the eighteenth century definitions of words and shows why textual analysis alone cannot clarify some uncertainties. Part III examines the drafting history of the Clause at the federal constitutional convention, concluding that the primary drafters intended it to incorporate concepts from contemporary agency law, specifically the doctrine of implied incidental agency …
The Constitution And The Public Trust, Robert G. Natelson
The Constitution And The Public Trust, Robert G. Natelson
Faculty Law Review Articles
This article explores whether the recurrent references to the public trust were merely empty phrases or whether it really was a "general purpose" of the founders to impose fiduciary standards on the federal government. Part II lists some fiduciary duties potentially applicable to government. Part III summarizes the process by which the Constitution was drafted, debated, and ratified. Part IV examines works by some of the founder's favorite authors and who, the author finds, frequently advocated imposing fiduciary standards on government officials. Part V discusses the role of public trust concepts in the drafting, submission, and ratification of the Constitution. …
The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell
The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell
Faculty Law Review Articles
This article discusses the importance of attorneys fulfilling the role of "public citizen" by helping to provide legal services to those unable to pay and how Model Rule 61. on pro bono service articulates this role.