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Articles 1 - 30 of 97
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Washington's General Rule 37 And Montana's Call For Jury Selection Reform, Ellen Boland Monroe
Washington's General Rule 37 And Montana's Call For Jury Selection Reform, Ellen Boland Monroe
Montana Law Review
In April 2018, the Washington Supreme Court became the first in the nation to adopt a court rule to combat implicit bias in the jury selection process. 2 General Rule 37 (“GR 37”) eliminates the need to raise an inference of purposeful discrimination, lists presumptively invalid reasons for exercising a peremptory strike that are historically associated with racial stereotyping, and uses an objective standard to determine if race or ethnicity could be viewed as a factor in the strike. 3 These changes address growing concerns that the current framework for evaluating biased peremptory strikes has failed to combat discrimination while …
Now What? The Right To Privacy In Montana After Dobbs, Caitlin E. Borgmann
Now What? The Right To Privacy In Montana After Dobbs, Caitlin E. Borgmann
Montana Law Review
No abstract provided.
The Severe Or Pervasive Standard In The Modern Age, Levi Kimmel
The Severe Or Pervasive Standard In The Modern Age, Levi Kimmel
Montana Law Review
Rising racial tensions in the South following desegregation catalyzed the introduction of the 1964 Civil Rights Act (CRA). However, protections based on gender were not included until the House floor debate on the bill. Congressman Howard Smith, a staunch segregationist, introduced “sex” as a protected class in Title VII of the act as a “poison pill” meant to kill the bill.4 Title VII of the CRA—prior to Smith’s amendment—prohibited employment discrimination based on race, color, religion, or national origin. Supporters of the bill feared the inclusion of sex would cause Northern Democrats allied with labor unions to abandon their support …
Montana's Basic Necessities Clause And The Right To Earn A Living, Anthony B. Sanders
Montana's Basic Necessities Clause And The Right To Earn A Living, Anthony B. Sanders
Montana Law Review
No abstract provided.
Reflections On Revenge Porn: Illustrating Why The Legal System Should Adopt A Comprehensive Response To Nonconsensual Pornography In The U.S., Chance Carter
Montana Law Review
No abstract provided.
How Strong Is Armstrong? What To Make Of Montana's Ambiguous Autonomy Rights In A Post-Roe World, Ben Mckee
How Strong Is Armstrong? What To Make Of Montana's Ambiguous Autonomy Rights In A Post-Roe World, Ben Mckee
Montana Law Review
No abstract provided.
Diffusion Of Soft Immigration Law: Evidence From Asylum Adjudication In The Wake Of Matter Of A-B-, Patrick Kennedy
Diffusion Of Soft Immigration Law: Evidence From Asylum Adjudication In The Wake Of Matter Of A-B-, Patrick Kennedy
Montana Law Review
No abstract provided.
Bezhigwan Ji-Izhi-Ganawaabandiyang: The Rights Of Nature And Its Jurisdictional Application For Anishinaabe Territories, Kekek Jason Stark
Bezhigwan Ji-Izhi-Ganawaabandiyang: The Rights Of Nature And Its Jurisdictional Application For Anishinaabe Territories, Kekek Jason Stark
Montana Law Review
No abstract provided.
Race To Jurisdiction: Forum Determination In Dv-Related Child Custody Actions When Survivors Flee Across State Lines, Joy Barber
Montana Law Review
No abstract provided.
Anishinaabe Inaakonigewin: Principles For The Intergenerational Preservation Of Mino-Bimaadiziwin, Kekek Jason Stark
Anishinaabe Inaakonigewin: Principles For The Intergenerational Preservation Of Mino-Bimaadiziwin, Kekek Jason Stark
Montana Law Review
No abstract provided.
Pay Attention! Marginalized Communities, The Consumer Financial Protection Bureau, And Regulatory Advocacy, Diane E. Thompson
Pay Attention! Marginalized Communities, The Consumer Financial Protection Bureau, And Regulatory Advocacy, Diane E. Thompson
Montana Law Review
No abstract provided.
Women’S Autonomy In Nondisclosure Agreements For Sexual Misconduct Cases, Rachel L. Wagner
Women’S Autonomy In Nondisclosure Agreements For Sexual Misconduct Cases, Rachel L. Wagner
Montana Law Review
No abstract provided.
Bad Apples Or A Rotten Tree: Ameliorating The Double Pandemic Of Covid-19 And Racial Economic Inequality, Nathalie Martin
Bad Apples Or A Rotten Tree: Ameliorating The Double Pandemic Of Covid-19 And Racial Economic Inequality, Nathalie Martin
Montana Law Review
No abstract provided.
Tribal Courts, The Violence Against Women Act, And Supplemental Jurisdiction: Expanding Tribal Court Jurisdiction To Improve Public Safety In Indian Country, Adam Crepelle
Montana Law Review
No abstract provided.
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 …
Transgender Equality And Dignity Under The Montana Constitution, Caitlin E. Borgmann
Transgender Equality And Dignity Under The Montana Constitution, Caitlin E. Borgmann
Montana Law Review
The United States is seeing a wave of explicit anti-transgender animus, expressed in the form of legislation banishing transgender individuals from full participation in public life. In Montana, such a measure was defeated in the Legislature in the 2017 session. HB 609 would have discriminated against transgender individuals by prohibiting them from using the restroom, locker room, or changing facility in a government building or under public control that corresponds with their gender identity. Following the House Judiciary Committee’s rejection of HB 609, the Montana Family Foundation began collecting signatures on ballot initiative I-183, a nearly identical measure to HB …
The Abolitionist Movement Comes Of Age: From Capital Punishment As A Lawful Sanction To A Peremptory, International Law Norm Barring Executions, John D. Bessler
The Abolitionist Movement Comes Of Age: From Capital Punishment As A Lawful Sanction To A Peremptory, International Law Norm Barring Executions, John D. Bessler
Montana Law Review
The anti-death penalty movement is rooted in the Enlightenment, dating back to the publication of the Italian philosopher Cesare Beccaria’s treatise, Dei delitti e delle pene (1764). That book, later translated into English as An Essay on Crimes and Punishments (1767), has inspired anti-death penalty advocacy for more than 250 years. This Article traces the development of the abolitionist movement since Beccaria’s time. In particular, it highlights how the debate over capital punishment has shifted from one focused primarily on the severity of monarchical punishments, to deterrence, to one framed by the concept of universal human rights, including the right …
Tales From A Form Book: Stock Stories And Transactional Documents, Susan M. Chesler, Karen J. Sneddon
Tales From A Form Book: Stock Stories And Transactional Documents, Susan M. Chesler, Karen J. Sneddon
Montana Law Review
Tales from a Form Book: Stock Stories and Transactional Documents
Two Steps Forward, Lucy France
Two Steps Forward, Lucy France
Montana Law Review
This is the Foreward for the Symposium Issue of the Montana Law Review
2016 James R. Browning Symposium Keynote, Michael W. Cotter
2016 James R. Browning Symposium Keynote, Michael W. Cotter
Montana Law Review
2016 Browning Symposium Keynote
Institutional Failure, Campus Sexual Assault And Danger In The Dorms: Regulatory Limits And The Promise Of Tort Law, Andrea A. Curcio
Institutional Failure, Campus Sexual Assault And Danger In The Dorms: Regulatory Limits And The Promise Of Tort Law, Andrea A. Curcio
Montana Law Review
Schools are in a position to help reduce the risk of campus sexual assault through risk education. Litigation and publicity against educational institutions could help to shine a light on the problem.
Title Ix And Procedural Fairness: Why Disciplined-Student Litigation Does Not Undermine The Role Of Title Ix In Campus Sexual Assault, Erin E. Buzuvis
Title Ix And Procedural Fairness: Why Disciplined-Student Litigation Does Not Undermine The Role Of Title Ix In Campus Sexual Assault, Erin E. Buzuvis
Montana Law Review
Disciplined-student litigation can does not affect Title IX enforcement in campus sexual assault.
Fighting The Rape Culture Wars Through The Preponderance Of The Evidence Standard, Deborah L. Brake
Fighting The Rape Culture Wars Through The Preponderance Of The Evidence Standard, Deborah L. Brake
Montana Law Review
Fighting the Rape Culture Wars Through the Preponderance of the Evidence Standard
Rape By Malice, Kari Hong
Rape By Malice, Kari Hong
Montana Law Review
When people seek to reform rape law, the focus is on changing the actus reus—either abandoning the force element or redefining consent. This article argues that both approaches overlook a critical opportunity for reform, which is the crime’s mens rea. Knowledge, or general intent, is the most common mens rea in rape offenses. The problem with this mental state is that proving what a defendant knew is one of the hardest parts of any criminal prosecution. Although scholars have explored reckless or negligent standards, this article proposes that states adopt the mens rea of malice—a callous indifference towards the risk …
Indemnification As An Alternative To Nullification, Robert A. Mikos
Indemnification As An Alternative To Nullification, Robert A. Mikos
Montana Law Review
No abstract provided.
The Breaking Of A Wave: Jacobsen V. Allstate Ins. Co. And Class Certification, Lucas Hamilton
The Breaking Of A Wave: Jacobsen V. Allstate Ins. Co. And Class Certification, Lucas Hamilton
Montana Law Review
No abstract provided.
Democracy, Foot Voting, And The Case For Limiting Federal Power, Ilya Somin
Democracy, Foot Voting, And The Case For Limiting Federal Power, Ilya Somin
Montana Law Review
No abstract provided.
Public Water, Private Rights: All Are Not Equally Protected When The State Allows Some To Divert Small Quantities Of Ground Water Outside The Permitting System, Carolyn A. Sime
Montana Law Review
Public Water, Private Rights: All Are Not Equally Protected When The State Allows Some To Divert Small Quantities Of Ground Water Outside The Permitting System
Severing Ties: The Case For Indefinite Orders Of Protection For Survivors Of Domestic Violence, Kelly M. Driscoll
Severing Ties: The Case For Indefinite Orders Of Protection For Survivors Of Domestic Violence, Kelly M. Driscoll
Montana Law Review
Severing Ties: The Case For Indefinite Orders Of Protection For Survivors Of Domestic Violence
Human Rights Must Be At The Core Of The Post-2015 International Development Agenda, Ved P. Nanda
Human Rights Must Be At The Core Of The Post-2015 International Development Agenda, Ved P. Nanda
Montana Law Review
The 2013 Honorable James R. Browning Distinguished Lecture in Law