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Articles 1 - 30 of 32

Full-Text Articles in Law

Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Sandra B. Zellmer, Mark Squillace Oct 2003

Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Sandra B. Zellmer, Mark Squillace

Faculty Law Review Articles

No abstract provided.


Is There A Middle Ground? One Approach To Resolution Of Land Use Disputes In The Northwest, Cory R. Gangle Jul 2003

Is There A Middle Ground? One Approach To Resolution Of Land Use Disputes In The Northwest, Cory R. Gangle

Montana Law Review

One Approach to Resolution of Land Use Disputes in the Northwest


Mandatory Arbitration Of Civil Rights Claims In The Workplace: No Enforceability Without Equivalency, Lucy T. France, Timothy C. Kelly Jul 2003

Mandatory Arbitration Of Civil Rights Claims In The Workplace: No Enforceability Without Equivalency, Lucy T. France, Timothy C. Kelly

Montana Law Review

Mandatory Arbitration of Civil Rights Claims in the Workplace


Exemption Stacking In Montana Bankruptcies—"Windfall" Or "Fresh Start"?, Brady M. Peterson Jul 2003

Exemption Stacking In Montana Bankruptcies—"Windfall" Or "Fresh Start"?, Brady M. Peterson

Montana Law Review

Exemption Stacking in Montana Bankruptcies


Indian Aboriginal And Reserved Water Rights, An Opportunity Lost, John B. Carter Jul 2003

Indian Aboriginal And Reserved Water Rights, An Opportunity Lost, John B. Carter

Montana Law Review

Indian Aboriginal and Reserved Water Rights, an Opportunity Lost


Restoring Private To Privacy, Jeffrey T. Renz Jul 2003

Restoring Private To Privacy, Jeffrey T. Renz

Montana Law Review

Restoring Private to Privacy


Economic Substance In The Context Of Federal Estate And Gift Tax: The Internal Revenue Service Has It Wrong, Elaine Hightower Gagliardi Jul 2003

Economic Substance In The Context Of Federal Estate And Gift Tax: The Internal Revenue Service Has It Wrong, Elaine Hightower Gagliardi

Montana Law Review

Economic Substance in the Context of Federal Estate and Gift Tax


Kyllo V. United States: A Lukewarm Interpretation Of The Fourth Amendment, Jessica T. Kobos Jul 2003

Kyllo V. United States: A Lukewarm Interpretation Of The Fourth Amendment, Jessica T. Kobos

Montana Law Review

Kyllo v. United States


Book Review: Legal Mystery Goes Beyond The "Murder" Label, Stacey L. Gordon Mar 2003

Book Review: Legal Mystery Goes Beyond The "Murder" Label, Stacey L. Gordon

Faculty Journal Articles & Other Writings

The author reviews, "The Emperor of Ocean Park," by Stephen L. Carter.


The Enumerated Powers Of States, Robert G. Natelson Jan 2003

The Enumerated Powers Of States, Robert G. Natelson

Faculty Law Review Articles

In this article, the author distills the essence of the federalists' enumeration of state powers for the benefit of the ratifying public. The article concludes that the listed items strongly suggest that a guiding principle of American federalism is a Coasean one: externalities and/or interdependence, without more, generally do not serve as constitutional justification for further centralization.


The Right To A Jury Decision On Questions Of Fact Under The Seventh Amendment, Paul F. Kirgis Jan 2003

The Right To A Jury Decision On Questions Of Fact Under The Seventh Amendment, Paul F. Kirgis

Faculty Law Review Articles

In a series of decisions over the last decade, the Supreme Court has reconsidered an aspect of the Seventh Amendment that has been long overlooked: the allocation of particular questions to the judge or the jury in a case where the right to a jury trial applies. Breaking with historical practice, the Court has emphasized considerations other than the fact-law distinction as a basis for identifying the questions that must go to the jury. Most prominently, in Markman v. Westview Instruments, Inc., the Court focused on 'functional considerations" in assigning a question of patent claim construction to the judge. In ...


Obtaining Attorney Fees In Actions Against Insurers, Greg Munro Jan 2003

Obtaining Attorney Fees In Actions Against Insurers, Greg Munro

Faculty Journal Articles & Other Writings

This article reviews the law regarding awards of attorney fees in cases against insurance companies by insurance consumers or third-party claimants as developed by the Montana Supreme Court. The article outlines the Court's significant remedial body of law that can be used to obtain attorney fees and costs in cases where civil litigation has been necessary to secure the insurance benefit. The article concludes that the continued development of the remedy of attorney fees in such cases will help resolve the problem of insurers denying claims based on the simple economics of saving money by failing to pay claims ...


Exposing "Illusory" Underinsured Motorist Coverage, Greg Munro Jan 2003

Exposing "Illusory" Underinsured Motorist Coverage, Greg Munro

Faculty Journal Articles & Other Writings

This article addresses auto insurers that use the "narrow" Underinsured Motorist Vehicle definition and couples it with a "reducing clause." The article discusses the conflict between what the declarations page promises and the UIM benefit the policy will actually pay and argues that the definition and reducing clause violate the consumer's expectations and defeat the very purpose of UIM coverage causing an injustice to the insured who has been prudent enough to purchase UIM coverage to guard against the tortfeasor who carries minimum limits. The article urges attorneys to persuade the courts in Montana to invalidate the narrow definition ...


The Constitutional Contributions Of John Dickinson, Robert G. Natelson Jan 2003

The Constitutional Contributions Of John Dickinson, Robert G. Natelson

Faculty Law Review Articles

This article explores the contributions of John Dickinson to the Constitution and as a member of the Continental Congress. Part II provides a brief biography of John Dickinson through the ratification debates. Part II discusses Dickinson's political philosophy. Part IV examines Dickinson's philosophy in action at the Constitutional Convention.


Keeping The Wheels On The Wagon: Observations On Issues Of Legal Ethics For Lawyers Representing Business Organizations, Irma S. Russell Jan 2003

Keeping The Wheels On The Wagon: Observations On Issues Of Legal Ethics For Lawyers Representing Business Organizations, Irma S. Russell

Faculty Law Review Articles

This article explores the obligations of the lawyer to the corporate client and to society. It examines both established principles and recent developments relevant to the lawyer's role.

Part II discusses some of the rules of legal ethics that provide both guidance and restraints on corporate counsel. It focuses on the lawyer's duty to provide the client with independent professional judgment and to keep the client informed about the representation. It also explores the lawyer's duty to maintain the confidentiality of client information and duties specific to representing an organizational client.

Part III explains recent developments that ...


The General Welfare Clause And The Public Trust: An Essay In Original Understanding, Robert G. Natelson Jan 2003

The General Welfare Clause And The Public Trust: An Essay In Original Understanding, Robert G. Natelson

Faculty Law Review Articles

This article examines the three traditional interpretations of the General Welfare Clause -- first, that it is a plenary grant of regulatory and spending power to Congress; second, that it is a plenary grant of spending power only; and third, that it is not a grant of power at all. The author finds severe textual problems with the first and second interpretations and his historical analysis confirms that those interpretations have little basis in original understanding. The third view, says the author, is the most textually sound.

Part II of the article addresses prior studies of the General Welfare Clause and ...


Obtaining Separate Limits Of Auto Coverage For Each "Occurrence" Or "Accident", Greg Munro Jan 2003

Obtaining Separate Limits Of Auto Coverage For Each "Occurrence" Or "Accident", Greg Munro

Faculty Journal Articles & Other Writings

This article examines the issue of what constitutes an "accident" or "occurrence" in auto liability policies that limit the insurer's liability for indemnity, defense, or other benefits to a set amount per "accident" or "occurrence." The article reviews a selection of cases from other jurisdictions because there is little Montana law delineating single "accidents" or "occurrences" for purposes of auto insurance. The article concludes with a list of factors that may be determinative and should be argued on the issue of whether there are multiple "accidents" or "occurrences" for purposes of triggering additional limits of auto insurance coverage.


Book Review: A Guide To The State Constitution, Stacey L. Gordon Jan 2003

Book Review: A Guide To The State Constitution, Stacey L. Gordon

Faculty Journal Articles & Other Writings

No abstract provided.


The Evolution Of Mjp, Irma S. Russell Jan 2003

The Evolution Of Mjp, Irma S. Russell

Faculty Journal Articles & Other Writings

This article examines the ABA revision to Model Rules 5.5 and 8.5 in light of today's legal world where representing clients in states outside the lawyer's state of licensure is commonplace, particularly in areas of practice that involve federal law, such as environmental law, and clients with far-flung property or business transactions in numerous jurisdictions. The article notes that although the revision to these rules represents the first step in a necessary liberalization of ethical rules and statutes to permit competent lawyers to service client needs efficiently and encourages more uniformity of approach, the rules and ...


Constitutionalizing The Environment: The History And Future Of Montana's Environmental Provisions, Barton H. Thompson Jr. Jan 2003

Constitutionalizing The Environment: The History And Future Of Montana's Environmental Provisions, Barton H. Thompson Jr.

Montana Law Review

Constitutionalizing the Environment


The Montana Constitution: A National Perspective, G. Alan Tarr Jan 2003

The Montana Constitution: A National Perspective, G. Alan Tarr

Montana Law Review

The Montana Constitution: A National Perspective


Taking Liberties: Analysis Of In Re Mental Health Of K.G.F., Elaine M. Dahl Jan 2003

Taking Liberties: Analysis Of In Re Mental Health Of K.G.F., Elaine M. Dahl

Montana Law Review

In Re Mental Health of K.G.F.


Murky Waters: Private Action And The Right To A Clean And Healthful Environment, Chase Naber Jan 2003

Murky Waters: Private Action And The Right To A Clean And Healthful Environment, Chase Naber

Montana Law Review

Cape-France Enterprises v. Estate of Peed


The 1972 Montana Constitution: Thirty Years Later Jan 2003

The 1972 Montana Constitution: Thirty Years Later

Montana Law Review

The 1972 Montana Constitution: Thirty Years Later


The State Of The Montana Constitution (Turkey Feathers On The Constitutional Eagle), Gregory J. Petesch Jan 2003

The State Of The Montana Constitution (Turkey Feathers On The Constitutional Eagle), Gregory J. Petesch

Montana Law Review

The State of the Montana Constitution


Signature Gathering In The Initiative Process: How Democratic Is It?, Richard J. Ellis Jan 2003

Signature Gathering In The Initiative Process: How Democratic Is It?, Richard J. Ellis

Montana Law Review

Signature Gathering in the Initiative Process: How Democratic Is It?


The Right To Privacy Under The Montana Constitution: Sex And Intimacy, Patricia A. Cain Jan 2003

The Right To Privacy Under The Montana Constitution: Sex And Intimacy, Patricia A. Cain

Montana Law Review

The Right to Privacy Under the Montana Constitution


The Dignity Clause Of The Montana Constitution: May Foreign Jurisprudence Lead The Way To An Expanded Interpretation?, Heinz Klug Jan 2003

The Dignity Clause Of The Montana Constitution: May Foreign Jurisprudence Lead The Way To An Expanded Interpretation?, Heinz Klug

Montana Law Review

The Dignity Clause of the Montana Constitution


The Challenge Of "Differentiated Citizenship": Can State Constitutions Protect Tribal Rights?, Rebecca Tsosie Jan 2003

The Challenge Of "Differentiated Citizenship": Can State Constitutions Protect Tribal Rights?, Rebecca Tsosie

Montana Law Review

The Challenge of "Differentiated Citizenship"


The Evolution Of Montana's Privacy-Enhanced Search And Seizure Analysis: A Return To First Principles, Melissa Harrison, Peter Mickelson Jan 2003

The Evolution Of Montana's Privacy-Enhanced Search And Seizure Analysis: A Return To First Principles, Melissa Harrison, Peter Mickelson

Montana Law Review

The Evolution of Montana's Privacy-Enhanced Search and Seizure Analysis