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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.