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Full-Text Articles in Law

Age Before Fundamental Right? Resolving The Contradiction Presented By An Age Restriction On Running For Executive Offices In Montana's Constitution, Kevin Frazier May 2023

Age Before Fundamental Right? Resolving The Contradiction Presented By An Age Restriction On Running For Executive Offices In Montana's Constitution, Kevin Frazier

Barry Law Review

The Montana Constitution guarantees that “[t]he rights of persons under 18 years of age shall include, but not be limited to, all the fundamental rights of this Article unless specifically precluded by laws which enhance the protection of such persons.” Adults receive similarly strong protections. According to Article II, Section 15, of the Montana Constitution, “[a] person 18 years of age or older is an adult for all purposes,” except for legislated limits on the legal age to purchase alcohol.

It follows that all Montanans have a constitutional claim to the fundamental right that "[a]ll elections shall be free and …


States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches, Jennifer Safstrom May 2019

States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches, Jennifer Safstrom

Barry Law Review

No abstract provided.


Reframing The Affirmative Action Debate To Move Beyond Arguments For Diversity And Interest Convergence, Adrian Jamal Mclain, Steven L. Nelson May 2019

Reframing The Affirmative Action Debate To Move Beyond Arguments For Diversity And Interest Convergence, Adrian Jamal Mclain, Steven L. Nelson

Barry Law Review

No abstract provided.


A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law, Shannon Gilreath May 2019

A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law, Shannon Gilreath

Barry Law Review

No abstract provided.


The Opioid Crisis: The States' And Local Governments' Response To Bigpharma's Deception And Why The Supremacy Clause May Provide A Cloak For Opioid Manufacturers To Hide Behind, Tracie Childers Jan 2019

The Opioid Crisis: The States' And Local Governments' Response To Bigpharma's Deception And Why The Supremacy Clause May Provide A Cloak For Opioid Manufacturers To Hide Behind, Tracie Childers

Barry Law Review

No abstract provided.