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Going With The Flow: The Montana Court's Conservative Approach To Constitutional Interpretation, Jack Tuholske Jul 2011

Going With The Flow: The Montana Court's Conservative Approach To Constitutional Interpretation, Jack Tuholske

Montana Law Review

Interpreting Montana's Constitution


Teens, Technology, And Cyberstalking: The Domestic Violence Wave Of The Future?, Andrew King-Ries Apr 2011

Teens, Technology, And Cyberstalking: The Domestic Violence Wave Of The Future?, Andrew King-Ries

Faculty Law Review Articles

The American criminal justice system, (therefore), is facing a future domestic violence crisis. Unfortunately, authorities-both parents and law enforcement-tend to minimize the seriousness of violence within adolescent relationships and to minimize the seriousness of stalking. In addition, given the prevalence and embrace of technology by teenagers, criminalizing "normal" teenage behavior seems counter-productive. While an effective criminal justice system response to this problem has yet to be developed, the first step will be for parents and law enforcement to recognize the risk and take it seriously. The second step will be to "renorm" unhealthy teenage relationship norms. It is possible that …


State Constitutional Design And State Constitutional Interpretation, G. Alan Tarr Jan 2011

State Constitutional Design And State Constitutional Interpretation, G. Alan Tarr

Montana Law Review

State Constitutional Design and State Constitutional Interpretation


Serving A Summons By First Class Mail: Why Bankruptcy Rule 7004(B)(1) Violates Due Process, Jonathon S. Byington Jan 2011

Serving A Summons By First Class Mail: Why Bankruptcy Rule 7004(B)(1) Violates Due Process, Jonathon S. Byington

Faculty Law Review Articles

This article argues that even though it has been accepted and widely used throughout the nation for thirty-five years by courts, practitioners, and commentators, the service method of delivering a summons and complaint solely by first class mail under Bankruptcy Rule 70004(b)(1) violates due process. Part I shows that the establishment of first class mail as an alternate service method occurred before the vast expansion of bankruptcy court jurisdiction. Part II evaluates the various reasons why Rule 7004(b)(1) violates due process. The article concludes in Part III by recommending a two-part solution to revise the rule.


Indian Education For All: Montana's Constitution At Work In Our Schools, Carol Juneau, Denise Juneau Jan 2011

Indian Education For All: Montana's Constitution At Work In Our Schools, Carol Juneau, Denise Juneau

Montana Law Review

Indian Education for All