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Family Mediation After Hendershott: The Case For Uniform Domestic Violence Screening And Opt-In Provision In Montana, Eduardo R.C. Capulong
Family Mediation After Hendershott: The Case For Uniform Domestic Violence Screening And Opt-In Provision In Montana, Eduardo R.C. Capulong
Montana Law Review
Hendershott is a welcome reaffirmation of Montana’s stand against domestic violence: domestic violence is a public matter requiring serious judicial attention. Without a systematic screening method, however, courts are ill-equipped to disqualify cases for mediation. Montana needs a method that not only diagnoses for domestic violence, but also distinguishes among different types as many, if not most, cases would benefit from mediation. An absolute bar is not the solution. What is required is a broad-based outreach and educational effort that would support what I suspect mediators across the state are already doing: tailoring mediation to address the needs of domestic …
Removal Of The Impediment: The State Of Transgender Marriage In Montana, Wesley Parks
Removal Of The Impediment: The State Of Transgender Marriage In Montana, Wesley Parks
Montana Law Review
As of the date of this article, no Montana court has explicitly addressed transgender marriage. Of the numerous state courts outside Montana that have addressed transgender marriage, traditional, objective definitions of sex were used that fail to protect the privacy of transgender people and fail to apply laws equally throughout the entire transgender community. This article surveys in depth those out-of-state cases to illustrate the inconsistent reasoning courts have applied when addressing transgender marriage. Then, this article examines contemporary Montana cases regarding gay and lesbian privacy and equal protection. Synthesizing these sources, this article suggests that Montana pioneer transgender marriage …