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Washington's General Rule 37 And Montana's Call For Jury Selection Reform, Ellen Boland Monroe Nov 2023

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 Nov 2023

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 Apr 2023

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 Sep 2022

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 Apr 2022

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 Aug 2021

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 Aug 2021

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 Apr 2021

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 Oct 2020

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 May 2020

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 Aug 2019

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 Aug 2019

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 Aug 2019

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 May 2019

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 Nov 2018

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 Apr 2018

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 Apr 2018

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 Sep 2017

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 Sep 2017

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 Oct 2016

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 Oct 2016

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 Feb 2016

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 Feb 2016

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 Jul 2015

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 Jul 2015

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 Aug 2014

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 Aug 2014

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 Aug 2014

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 Aug 2014

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 Jan 2014

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 …