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Articles 1 - 30 of 39
Full-Text Articles in Law
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandra B. Zellmer, Christine A. Klein
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandra B. Zellmer, Christine A. Klein
Faculty Law Review Articles
In the wake of Hurricane Katrina, the nation pondered how a relatively weak Category 3 storm could have destroyed an entire region. Few appreciated the extent to which a flawed federal water development policy transformed this apparently natural disaster into a "manmade" disaster; fewer still appreciated how the disaster was the predictable, and indeed predicted, sequel to almost a century of similar disasters. This Article focuses upon three such stories: the Great Flood of 1927, the Midwest Flood of 1993, and Hurricanes Katrina and Rita of 2005. Taken together, the stories reveal important lessons, including the inadequacy of engineered flood …
Privacy And Dignity At The End Of Life: Protecting The Right Of Montans To Choose Aid In Dying, Kathryn L. Tucker
Privacy And Dignity At The End Of Life: Protecting The Right Of Montans To Choose Aid In Dying, Kathryn L. Tucker
Montana Law Review
Privacy and Dignity at the End of LIfe
Privacy And Same-Sex Marriage: The Case For Treating Same-Sex Marriage As A Human Right, Vincent J. Samar
Privacy And Same-Sex Marriage: The Case For Treating Same-Sex Marriage As A Human Right, Vincent J. Samar
Montana Law Review
Same-Sex Marriage as a Human Right
Embracing Big Brother? State V. A Blue In Color, 1993 Chevrolet Pickup, Jeffrey D. Perkins
Embracing Big Brother? State V. A Blue In Color, 1993 Chevrolet Pickup, Jeffrey D. Perkins
Montana Law Review
Embracing Big Brother?
Recent Decisions Affecting The Montana Practitioner
Recent Decisions Affecting The Montana Practitioner
Montana Law Review
Recent Decisions
A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra B. Zellmer
A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra B. Zellmer
Faculty Law Review Articles
Last year, hundreds of thousands of residents of the lower Mississippi River basin were forced to flee Hurricane Katrina.2 Having scattered like leaves before the gale-force winds that pounded the Gulf Coast, many are still displaced by the wreckage caused by storm surges and floodwaters.3 Those who have returned continue to experience the adverse effects of a shattered infrastructure as they attempt to rebuild their homes and their lives. The environmental calamity is profound: drinking water sources polluted by destroyed septic systems and leaking storage tanks; contaminated sediments from the bayous to the residents' backyards; decimated marshes and oyster beds-in …
America's Drug War And The Right To Privacy, Norm Stamper
America's Drug War And The Right To Privacy, Norm Stamper
Montana Law Review
America's Drug War and the Right to Privacy
Arbitrating Employment Law Disputes, William L. Corbett
Arbitrating Employment Law Disputes, William L. Corbett
Montana Law Review
Arbitrating Employment Law Disputes
Bespeaking Justice: A History Of Indigent Defense In Montana, James Park Taylor
Bespeaking Justice: A History Of Indigent Defense In Montana, James Park Taylor
Montana Law Review
Indigent Defense in Montana
Keynote Address: The Right To Privacy, James C. Nelson
Keynote Address: The Right To Privacy, James C. Nelson
Montana Law Review
Keynote Address: The Right to Privacy
Challenging The Constitutionality Of Montana's Statute Limiting Medical Malpractice Non-Economic Damages, Alexander Blewett Iv
Challenging The Constitutionality Of Montana's Statute Limiting Medical Malpractice Non-Economic Damages, Alexander Blewett Iv
Montana Law Review
Challenging Montana's Limits
In Memoriam: Phil Tourangeau, Sally Johnson
In Memoriam: Phil Tourangeau, Sally Johnson
Public Land & Resources Law Review
No abstract provided.
Table Of Contents, Table Of Contents Public Land & Resources Law Review
Table Of Contents, Table Of Contents Public Land & Resources Law Review
Public Land & Resources Law Review
No abstract provided.
Natural Resource Damage Law And Policy - With A Special Emphasis On The Indian Tribes, Raymond Cross, William Rodgers
Natural Resource Damage Law And Policy - With A Special Emphasis On The Indian Tribes, Raymond Cross, William Rodgers
Public Land & Resources Law Review
No abstract provided.
Is Water Property?, Sandra B. Zellmer, Jessica Harder
Is Water Property?, Sandra B. Zellmer, Jessica Harder
Faculty Law Review Articles
One of the most controversial issues in natural resources law is whether interests in water are property. In the western United States, water is typically viewed by appropriators as a form of private property, while in the East it is not. In either case, the law is surprisingly unsettled, notwithstanding the important consequences that follow, particularly under constitutional takings jurisprudence. Treating water as property has significant implications for investment, conservation and environmental protection as well. Establishing secure property rights can foster stewardship and wise investment of labor and capital. By the same token, the absence of property ownership can result …
Preparing Law Students For Meaningful, Healthy Lives As Lawyers, Bari Burke
Preparing Law Students For Meaningful, Healthy Lives As Lawyers, Bari Burke
Faculty Journal Articles & Other Writings
This article addresses the question of how to determine guidelines that set professional values for law students. In the article, the author describes her law school seminar class that focuses on lawyers' values, lives, and work and helps students explore four particular questions: 1) what are the sources of lawyers' meaning and satisfaction, as well as stress; 2) in what ways do law schools and the profession transmit professional values and attitudes and create among law students a commitment to those values; 3) what values and attitudes do law students need to cultivate personally to find meaning and satisfaction in …
If Medical Schools Can Do It, Why Can't We?, Bari Burke
If Medical Schools Can Do It, Why Can't We?, Bari Burke
Faculty Journal Articles & Other Writings
This articles explores the idea of implementing "white coat ceremonies" for entering law students similar to what medical schools conduct for their entering medical students. The article first describes the medical school ceremony and then addresses three primary objections that critics have raised concerning the ceremony.
Lawyers Must Follow Their Inner Compasses, Bari Burke
Lawyers Must Follow Their Inner Compasses, Bari Burke
Faculty Journal Articles & Other Writings
This article reflects on the suicide of a Montana lawyer and offers some assumptions from Larry Krieger, a clinical law teacher and former litigator, on how lawyers can develop workable approaches to living and improving their professional lives.
Rebuttal To Irons, David Dewolf, John G. West, Casey Luskin
Rebuttal To Irons, David Dewolf, John G. West, Casey Luskin
Montana Law Review
cluskin@discovery.org
A Multiple-Strategy Approach To Solving The Energy Puzzle, Irma S. Russell
A Multiple-Strategy Approach To Solving The Energy Puzzle, Irma S. Russell
Faculty Journal Articles & Other Writings
This article describes the complex issues facing the energy needs and policies of the United States. The article notes that the role of the United States on the world stage and the health of the public and the environment depend on successfully solving the energy puzzle to harmonize economic development, sustainable use of the resources, and public safety. The article concludes that part of the difficulty of the debate may arise from an assumption that a single solution to the problem awaits and suggests that instead the only way forward is a policy of diversification and multiple strategies, encouraging conservation …
Editorial Board, Montana Law Review
Editorial Board, Montana Law Review
MLR Editorial Boards
Editor-in Chief Jesse Lundenberg Executive Editor Erica R. Grinde Managing Editor Travis M. Joyner Intake Editors Rennie L. Stitchman Sara F. Tappen Articles Editor Hilary J. Oitzinger Business Editor Jessie L. Luther Notes Editors Jennifer A. Giuttari Robin M. Turner Symposium Editor Ashley A. Griffith Staff Myles Braccio Christopher Decker Lindsay Hecht Julie E. McFarland Kate McGrath Ellis Tyson Radley O’Connell Vincent Pavlish Philip W. Rohlfing Audrey J. Schultz Zachary Strong Dustin Swanson Christopher T. Sweeney Ryan Weldon Faculty Advisor Bari Burke
The Founders' Hermeneutic: The Real Original Understanding Of Original Intent, Robert G. Natelson
The Founders' Hermeneutic: The Real Original Understanding Of Original Intent, Robert G. Natelson
Faculty Law Review Articles
This article re-examines the controversial question of whether the American Founders believed their own subjective understandings should guide future interpretation of the U.S. Constitution, or whether they thought the constitutional construction should be guided only by objective public meaning or some other hermeneutic standard.
Continuing Development Of Insurance Bad Faith In Montana, Greg Munro
Continuing Development Of Insurance Bad Faith In Montana, Greg Munro
Faculty Journal Articles & Other Writings
This article adds to a previous article from the summer 2000 issue of Trial Trends, which recounted the history of insurance bad faith in Montana reviewing its common law and statutory development and attempted to set forth the status of insurance bad faith at the millennium. This article addresses court decisions and the continuing development of the tort of insurance bad faith in the intervening years since then and is designed to provide a broad understanding of the borders of insurance bad faith in Montana to date.
The Frcp Alarm Clock Has Rung: Now What?, Sam Panarella
The Frcp Alarm Clock Has Rung: Now What?, Sam Panarella
Faculty Journal Articles & Other Writings
This article presents steps a company may undertake to begin implementing clear policies and procedures outlining what to do relative to e-discovery practices and responding to electronic discovery requests.
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
Faculty Law Review Articles
This article is a comprehensive analysis of the original meaning of and understanding behind the Constitution's Indian Commerce Clause under which Congress claims plenary and exclusive power over federal affairs with Indian tribes. The author concludes that, as originally understood, congressional power over the tribes was to be neither plenary nor exclusive.
Remembering The Creditor At Death: Aligning Probate And Nonprobate Transfers, Elaine H. Gagliardi
Remembering The Creditor At Death: Aligning Probate And Nonprobate Transfers, Elaine H. Gagliardi
Faculty Law Review Articles
This article focuses solely on creditor clams arising prior to death that remain unpaid as of death. Part II highlights through examples the difficulties the fragmented system causes for creditors. Part III examines key probate procedures governing creditor claims, and Part IV contrasts those procedures with procedures for collecting creditor claims from nonprobate assets. Part IV also explores the ability of creditors to reach specific types of nonprobate assets. Part V then suggests legislative reforms that would better balance both the interests of beneficiaries and the interests of a decedent's creditors.
An Agument For Original Intent: Restoring Rule 801 (D) (1) (A) To Protect Domestic Violence Victims In A Post-Crawford World., Andrew King-Ries
An Agument For Original Intent: Restoring Rule 801 (D) (1) (A) To Protect Domestic Violence Victims In A Post-Crawford World., Andrew King-Ries
Faculty Law Review Articles
Prosecution of domestic violence is extremely difficult, largely due to the fact that defendants are successfully pressuring victims to refuse to testify or to recant their testimony at trial. With its decision in Crawford, the Supreme Court eliminated the ability of prosecutors to use hearsay exceptions to place the domestic violence victim's statements before the jury for their substantive consideration. The Supreme Court also closed this avenue to combat defendants' efforts to avoid liability through coercive pressure on victims. Therefore, the Court's change in the Confrontation Clause law limits the prosecution's arsenal for combating witness intimidation and, at the same …
A Better Tradition: Why Law Reviews Should Adopt A New Citation Format, Stacey L. Gordon
A Better Tradition: Why Law Reviews Should Adopt A New Citation Format, Stacey L. Gordon
Montana Law Review
ALWD Citation Format
Big Interest Rates Under The Big Sky: The Case For Payday And Title Lending Reform In Montana, Jessie Lundberg
Big Interest Rates Under The Big Sky: The Case For Payday And Title Lending Reform In Montana, Jessie Lundberg
Montana Law Review
Big Interest Rates Under the Big Sky