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Articles 31 - 60 of 61
Full-Text Articles in Law
To Transfer Or Not To Transfer, That Is The Question: An Analysis Of Public Lands Title In The West, Andrea Collins
To Transfer Or Not To Transfer, That Is The Question: An Analysis Of Public Lands Title In The West, Andrea Collins
Montana Law Review
No abstract provided.
Mapping The Treasure State: What States Can Learn From Redistricting In Montana, Caitlin Boland Aarab, The Honorable Jim Regnier
Mapping The Treasure State: What States Can Learn From Redistricting In Montana, Caitlin Boland Aarab, The Honorable Jim Regnier
Montana Law Review
No abstract provided.
Newly Discovered Evidence Of Innocence: Its History And Future Treatment In Montana, E. Lars Phillips
Newly Discovered Evidence Of Innocence: Its History And Future Treatment In Montana, E. Lars Phillips
Montana Law Review
No abstract provided.
Judge James R. Browning: His Legacy For Montana And The Future Of The Federal Judiciary, The Honorable Sidney R. Thomas
Judge James R. Browning: His Legacy For Montana And The Future Of The Federal Judiciary, The Honorable Sidney R. Thomas
Montana Law Review
No abstract provided.
Spreading Justice To Rural Montana: Rurality's Impacts On Supply And Demand For Legal Services In Montana, Hillary A. Wandler
Spreading Justice To Rural Montana: Rurality's Impacts On Supply And Demand For Legal Services In Montana, Hillary A. Wandler
Montana Law Review
No abstract provided.
Arbitrary And Godlike Determinations: Insanity, Neuroscience, And Social Control In Montana, Andrew King-Ries
Arbitrary And Godlike Determinations: Insanity, Neuroscience, And Social Control In Montana, Andrew King-Ries
Montana Law Review
No abstract provided.
Koontz V. St. Johns River Water Management District: The Constitutionality Of Monetary Exactions In Land Use Planning, John M. Newman
Koontz V. St. Johns River Water Management District: The Constitutionality Of Monetary Exactions In Land Use Planning, John M. Newman
Montana Law Review
No abstract provided.
Shell Gulf Of Mexico, Inc. V. Center For Biological Diversity, Nick Vandenbos
Shell Gulf Of Mexico, Inc. V. Center For Biological Diversity, Nick Vandenbos
Public Land & Resources Law Review
In an attempt to stave off what it saw as impending litigation, Shell Gulf of Mexico, Inc. filed suit under the Declaratory Judgment Act against a range of environmental groups opposed to Shell’s oil exploration in the Beaufort and Chukchi seas of Alaska’s Arctic Coast. Shell requested a declaratory judgment that its oil spill response plans, as approved by the Bureau of Safety and Environmental Enforcement, did not violate the Administrative Procedures Act. Although noting the novelty of Shell’s argument, the United States Court of Appeals for the Ninth Circuit concluded the district court had erred in determining a justiciable …
Conservation Congress V. Finley, Tristan T. Riddell
Conservation Congress V. Finley, Tristan T. Riddell
Public Land & Resources Law Review
Once again the federal government is challenged for violation of the ESA and NEPA in relation to forest management projects affecting the Northern Spotted Owl. Conservation Congress, joined by a number of other plaintiffs, brought suit against the USFWS and USFS challenging both the agencies consultation under § 7 of the ESA, and the Forest Service’s failure to take a “hard look” as required within the EIS completed under NEPA. Although Conservation Congress provided sufficient notice of intent to sue in accord with 16 U.S.C.S. § 1540(g)(2)(A) and their claims were not moot, the summary judgment was appropriately awarded to …
Conserving Habitat Before It Is Too Late, Jack G. Connors
Conserving Habitat Before It Is Too Late, Jack G. Connors
Public Land & Resources Law Review
No abstract provided.
Returning To A Tribal Self-Governance Partnership At The National Bison Range Complex: Historical, Legal, And Global Perspectives, Brian Upton
Public Land & Resources Law Review
No abstract provided.
A Solution In Search Of A Problem: The Difficulty With State Constitutional "Right To Hunt" Amendments, Stacey Gordon
A Solution In Search Of A Problem: The Difficulty With State Constitutional "Right To Hunt" Amendments, Stacey Gordon
Public Land & Resources Law Review
This article explores the facets of hunting amendments. Part I traces the legal history of protections for hunting, from early laws to preserve hunting for the people to modern hunter harassment statutes. Part II analyzes the forms of hunting amendments—some guarantee a right, others only recognize a heritage; some are fundamental rights, others are less strong; some are limited by private property rights, others are absolute. Nonetheless, they have a common source. Part III considers the impacts— possibly unintended consequences—of hunting amendments. Finally, Part IV suggests that while there are unrecognized common values between hunters and animal welfare groups that …
Land Acquisition In The State Of Alaska: Akiachak Native Community V. Salazar, Wesley J. Furlong
Land Acquisition In The State Of Alaska: Akiachak Native Community V. Salazar, Wesley J. Furlong
Public Land & Resources Law Review
Akiachak Native Community v. Salazar and the BIA’s repeal of the Alaska Exception are set to mark sweeping changes for Alaska Natives. Following the United States District Court for the District of Columbia’s holding that the prohibition of trust acquisitions in Alaska violates the IRA, and before the United States Court of Appeals for the D.C. Circuit could issue an opinion on the merits, the BIA repealed its rule prohibiting such acquisitions. The potential for drastic changes to the landscape of native communities and villages in Alaska is highly likely.
Schaghticoke Tribal Nation V. Kent School Corporation Inc., Lindsey M. West
Schaghticoke Tribal Nation V. Kent School Corporation Inc., Lindsey M. West
Public Land & Resources Law Review
The United States Court of Appeals for the Second Circuit affirmed dismissal of three consolidated actions of the Schaghticoke Tribal Nation claiming the Schaghticoke had been dispossessed of Indian land without the approval of Congress, a violation of the Nonintercourse Act. The court found the district court correctly deferred under the primary jurisdiction doctrine to the United States Department of Interior’s determination that the Schaghticoke did not qualify for tribal status. Additionally, the district court properly relied on the Department of Interior’s factual findings in holding the Schaghticoke presented insufficient evidence to establish a prima facie violation of the Nonintercourse …
Jackson V. Payday Financial, Llc., Hannah S. Cail
Jackson V. Payday Financial, Llc., Hannah S. Cail
Public Land & Resources Law Review
In Jackson v. Payday Financial, the Seventh Circuit Court of Appeals held loan a provision requiring arbitration in tribal court was unreasonable and substantially and procedurally unconscionable. The Court rejected Payday’s argument that the dispute belonged in tribal court, because there was no subject matter jurisdiction over Plaintiffs’ claims, and the defendants did not raise a colorable claim for tribal jurisdiction or tribal exhaustion.
Smith V. Parker, Lindsay M. Thane
Smith V. Parker, Lindsay M. Thane
Public Land & Resources Law Review
The Eighth Circuit Court of Appeals found that an 1882 Act of Congress did not intend to diminish the boundaries of the Omaha Indian Reservation in Nebraska. The district court’s decision was affirmed because reservation land may not be divested from the tribe absent clear congressional intent to alter the reservation’s boundaries. Because the Omaha Reservation land was not diminished, the town of Pender, Nebraska—which currently sits on Reservation land—and residents of Pender, Nebraska who are engaged in the sale of alcoholic beverages must comply with the Omaha Tribal Code’s imposition of a ten percent sales tax on these beverages.
Towards A Universal Field Theory Of National Private Rights And Federalism, Roderick M. Hills Jr.
Towards A Universal Field Theory Of National Private Rights And Federalism, Roderick M. Hills Jr.
Montana Law Review
No abstract provided.
Will Uncooperative Federalism Survive Nfib?, Abigail R. Moncrieff, Jonathan Dinerstein
Will Uncooperative Federalism Survive Nfib?, Abigail R. Moncrieff, Jonathan Dinerstein
Montana Law Review
No abstract provided.
Cooperative (And Uncooperative) Federalism At Tribal, State, And Local Levels: A Case For Cooperative Charging Decisions In Indian Country, Danna R. Jackson
Cooperative (And Uncooperative) Federalism At Tribal, State, And Local Levels: A Case For Cooperative Charging Decisions In Indian Country, Danna R. Jackson
Montana Law Review
No abstract provided.
Indemnification As An Alternative To Nullification, Robert A. Mikos
Indemnification As An Alternative To Nullification, Robert A. Mikos
Montana Law Review
No abstract provided.
Learning Both Directions: How Better Federal-Local Land Use Collaboration Can Quiet The Call For Federal Lands Transfers, Michelle Bryan
Learning Both Directions: How Better Federal-Local Land Use Collaboration Can Quiet The Call For Federal Lands Transfers, Michelle Bryan
Montana Law Review
No abstract provided.
Tribal Disruption And Federalism, Matthew L.M. Fletcher
Tribal Disruption And Federalism, Matthew L.M. Fletcher
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.
Billings Gazette V. City Of Billings: Examining Montana's New Exception To The Public's Right To Know, Adam Wade
Montana Law Review
No abstract provided.
The Future Of Federalism, From The Bottom Up, Anthony Johnstone
The Future Of Federalism, From The Bottom Up, Anthony Johnstone
Montana Law Review
No abstract provided.