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Articles 1 - 30 of 212
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Washington's General Rule 37 And Montana's Call For Jury Selection Reform, Ellen Boland Monroe
Washington's General Rule 37 And Montana's Call For Jury Selection Reform, Ellen Boland Monroe
Montana Law Review
In April 2018, the Washington Supreme Court became the first in the nation to adopt a court rule to combat implicit bias in the jury selection process. 2 General Rule 37 (“GR 37”) eliminates the need to raise an inference of purposeful discrimination, lists presumptively invalid reasons for exercising a peremptory strike that are historically associated with racial stereotyping, and uses an objective standard to determine if race or ethnicity could be viewed as a factor in the strike. 3 These changes address growing concerns that the current framework for evaluating biased peremptory strikes has failed to combat discrimination while …
Now What? The Right To Privacy In Montana After Dobbs, Caitlin E. Borgmann
Now What? The Right To Privacy In Montana After Dobbs, Caitlin E. Borgmann
Montana Law Review
No abstract provided.
Significant Montana Cases, Moriah Williams, Zachary Stauffer
Significant Montana Cases, Moriah Williams, Zachary Stauffer
Montana Law Review
No abstract provided.
Why The Ninth Circuit Works: A Tribute To Judge Sidney R. Thomas, The Honorable Morgan B. Christen
Why The Ninth Circuit Works: A Tribute To Judge Sidney R. Thomas, The Honorable Morgan B. Christen
Montana Law Review
No abstract provided.
Hensley V. Montana State Fund: A Shift In The Grand Bargain Of Workers’ Compensation, Brian Hagan
Hensley V. Montana State Fund: A Shift In The Grand Bargain Of Workers’ Compensation, Brian Hagan
Montana Law Review
No abstract provided.
Pay Attention! Marginalized Communities, The Consumer Financial Protection Bureau, And Regulatory Advocacy, Diane E. Thompson
Pay Attention! Marginalized Communities, The Consumer Financial Protection Bureau, And Regulatory Advocacy, Diane E. Thompson
Montana Law Review
No abstract provided.
Women’S Autonomy In Nondisclosure Agreements For Sexual Misconduct Cases, Rachel L. Wagner
Women’S Autonomy In Nondisclosure Agreements For Sexual Misconduct Cases, Rachel L. Wagner
Montana Law Review
No abstract provided.
Covid-19 And Corporate Social Responsibility: Business Responses To The Pandemic In The Inland Northwest, Jacob H. Rooksby, Kathryn E. Handick
Covid-19 And Corporate Social Responsibility: Business Responses To The Pandemic In The Inland Northwest, Jacob H. Rooksby, Kathryn E. Handick
Montana Law Review
No abstract provided.
Constitutional Teeth: Sharpening Montana's Clean And Healthful Environment Provision, Hallee C. Kansman
Constitutional Teeth: Sharpening Montana's Clean And Healthful Environment Provision, Hallee C. Kansman
Montana Law Review
No abstract provided.
Master Limited Partnerships: A Step In The Renewable Direction, Rebekah M. Gryder
Master Limited Partnerships: A Step In The Renewable Direction, Rebekah M. Gryder
Montana Law Review
No abstract provided.
Tribal Data Governance And Informational Privacy: Constructing "Indigenous Data Sovereignty", Rebecca Tsosie
Tribal Data Governance And Informational Privacy: Constructing "Indigenous Data Sovereignty", Rebecca Tsosie
Montana Law Review
This essay discusses tribal claims to data sovereignty and informational privacy, examining the nature of the respective claims, as well as how tribal governments can exercise effective authority over the collection and use of data about the community and its members. Part I of the essay explores the issue of data sovereignty comparatively, framing the concept within its global and national contexts, and then discussing the rights of tribal governments and other Indigenous peoples. Part II of the essay examines the various claims that are comprised within the movement toward "Indigenous data sovereignty," as well as the current context of …
2019 James R. Browning Distinguished Lecture In Law, "Holding The Delicate Balance Steady And True": The History Of Fisa's Grand Bargain, Richard C. Tallman, Tania M. Culbertson
2019 James R. Browning Distinguished Lecture In Law, "Holding The Delicate Balance Steady And True": The History Of Fisa's Grand Bargain, Richard C. Tallman, Tania M. Culbertson
Montana Law Review
The Honorable Richard C. Tallman and his career law clerk Tania M. Culbertson explain what led to the passage of the Foreign Intelligence Surveillance Act ("FISA") and its creation of the FISA courts, and describe the grand bargain that was struck between our three branches of government when creating FISA's judicial review procedures over domestic espionage and counter-terrorism investigations. Their hope is to leave you with a keener understanding of how we have arrived at where we are today, and how the judiciary understands its oversight role within FISA's statutory framework under our Constitution.
A Legal Response To The Sovereign Citizen Movement, Caesar Kalinowski Iv
A Legal Response To The Sovereign Citizen Movement, Caesar Kalinowski Iv
Montana Law Review
This article seeks to provide civil servants, law enforcement, and the judiciary with a comprehensive reference guide to the Sovereign Citizen movement. To do this, the article attempts to make sense of and explain the most common Sovereign Citizen themes and their failings under the Constitution: first, the jurisdiction of the federal government over actual flesh and blood citizens; second, the ability to tax citizens and redeeming the "strawman" (the so-called "Redemption Scheme"); and third, the individual's right to travel. By explaining the legal shortcomings of the Sovereign Citizen ideology, lawyers and judges can address citizens' concerns about government overreach, …
From Foundational Law To Limiting Principles In Federal Indian Law, Alexander T. Skibine
From Foundational Law To Limiting Principles In Federal Indian Law, Alexander T. Skibine
Montana Law Review
Federal Indian law has been "exceptional" in the sense of being distinctively compared to other areas of American Public Law. This Article analyzes areas of federal Indian Law where the application of exceptionalism and foundational principles is especially likely to motive the Supreme Court of the United States to search for limiting principles. The Article focuses on tribal sovereign immunity cases, tribal-state conflicts involving off-reservation treaty rights, and state taxing power within Indian reservations.
2018 James R. Browning Distinguished Lecture In Law, Jeffrey S. Sutton
2018 James R. Browning Distinguished Lecture In Law, Jeffrey S. Sutton
Montana Law Review
2018 James R. Browning Distinguished Lecture in Law
A Tribute To Justice Wheat On The Occasion Of His Retirement From The Montana Supreme Court, Nick Kirby Brooke
A Tribute To Justice Wheat On The Occasion Of His Retirement From The Montana Supreme Court, Nick Kirby Brooke
Montana Law Review
Justice Mike Wheat retired from the Montana Supreme Court at the end of 2017, after serving seven years on the bench. Wheat was appointed by Governor Brian Schweitzer in 2010 to replace the retiring Justice John Warner. In 2014, the people of Montana re-elected Justice Wheat with 59.1% of the vote after a contentious campaign which, at the time, was the most expensive judicial race in state history.
The Abolitionist Movement Comes Of Age: From Capital Punishment As A Lawful Sanction To A Peremptory, International Law Norm Barring Executions, John D. Bessler
The Abolitionist Movement Comes Of Age: From Capital Punishment As A Lawful Sanction To A Peremptory, International Law Norm Barring Executions, John D. Bessler
Montana Law Review
The anti-death penalty movement is rooted in the Enlightenment, dating back to the publication of the Italian philosopher Cesare Beccaria’s treatise, Dei delitti e delle pene (1764). That book, later translated into English as An Essay on Crimes and Punishments (1767), has inspired anti-death penalty advocacy for more than 250 years. This Article traces the development of the abolitionist movement since Beccaria’s time. In particular, it highlights how the debate over capital punishment has shifted from one focused primarily on the severity of monarchical punishments, to deterrence, to one framed by the concept of universal human rights, including the right …
Applying Strict Scrutiny: An Empirical Analysis Of Free Exercise Cases, Caleb C. Wolanek, Heidi Liu
Applying Strict Scrutiny: An Empirical Analysis Of Free Exercise Cases, Caleb C. Wolanek, Heidi Liu
Montana Law Review
Applying Strict Scrutiny: An Empirical Analysis of Free Exercise Cases
Tales From A Form Book: Stock Stories And Transactional Documents, Susan M. Chesler, Karen J. Sneddon
Tales From A Form Book: Stock Stories And Transactional Documents, Susan M. Chesler, Karen J. Sneddon
Montana Law Review
Tales from a Form Book: Stock Stories and Transactional Documents
Spreading Justice To Rural Montana: Expanding Local Legal Services In Underserved Rural Communities, Hillary A. Wandler
Spreading Justice To Rural Montana: Expanding Local Legal Services In Underserved Rural Communities, Hillary A. Wandler
Montana Law Review
No abstract provided.
Conservation Easements & Renewable Energy: Why Conservation Values Should Embrace Wind And Solar, Lindsey W. Hromadka
Conservation Easements & Renewable Energy: Why Conservation Values Should Embrace Wind And Solar, Lindsey W. Hromadka
Montana Law Review
No abstract provided.
Montana's Constitutional Prohibition On Aid To Sectarian Schools: "Badge Of Bigotry" Or National Model For The Separation Of Church And State?, Michael P. Dougherty
Montana's Constitutional Prohibition On Aid To Sectarian Schools: "Badge Of Bigotry" Or National Model For The Separation Of Church And State?, Michael P. Dougherty
Montana Law Review
No abstract provided.
Originalism And The Montana Constitution, Tyler M. Stockton
Originalism And The Montana Constitution, Tyler M. Stockton
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.
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.
The Hercules Of Helena: Justice James C. Nelson And The Jurisprudence Of Principle, Anthony Johnstone
The Hercules Of Helena: Justice James C. Nelson And The Jurisprudence Of Principle, Anthony Johnstone
Montana Law Review
The Hercules of Helena: Justice James C. Nelson and the Jurisprudence of Principle
Public Water, Private Rights: All Are Not Equally Protected When The State Allows Some To Divert Small Quantities Of Ground Water Outside The Permitting System, Carolyn A. Sime
Montana Law Review
Public Water, Private Rights: All Are Not Equally Protected When The State Allows Some To Divert Small Quantities Of Ground Water Outside The Permitting System
Mediator Certification: Should It Be Required In Montana?, Michelle Vanisko
Mediator Certification: Should It Be Required In Montana?, Michelle Vanisko
Montana Law Review
Mediator Certification: Should It Be Required In Montana?
Severing Ties: The Case For Indefinite Orders Of Protection For Survivors Of Domestic Violence, Kelly M. Driscoll
Severing Ties: The Case For Indefinite Orders Of Protection For Survivors Of Domestic Violence, Kelly M. Driscoll
Montana Law Review
Severing Ties: The Case For Indefinite Orders Of Protection For Survivors Of Domestic Violence
Montana's Rural Version Of The School-To-Prison Pipeline School Discipline And Tragedy On American Indian Reservations, Melina Angelos Healey
Montana's Rural Version Of The School-To-Prison Pipeline School Discipline And Tragedy On American Indian Reservations, Melina Angelos Healey
Montana Law Review
American Indian1 adolescents in Montana are caught in a school-toprison pipeline. They are plagued with low academic achievement, high dropout, suspension and expulsion rates, and disproportionate contact with the juvenile and criminal justice systems. While these are typical of the school-to-prison phenomenon as it also appears in poor minority communities across the country, the rates and the disproportion for American Indians in Montana are particularly acute.2 Even more disturbing, many American Indian students in Montana are also the victims of another heartbreaking trend related to the school-to-prison pipeline—alarming levels of adolescent suicides and self-harm. The tragic situation of these children …