Digital Commons Network^™

Groo V. Montana Eleventh Judicial District Court: Montana’S Long-Arm Overreaches Into Cyberspace, Matthew Belle

Montana Law Review

No abstract provided.

Self-Determination In The Implementation Of Treaty Reserved Rights, Kekek Jason Stark

Faculty Law Review Articles

After fifty years of implementing tribal treaty reserved rights, this article will examine how tribal courts are determining cases involving treaty reserved rights and resources and to the extent tribal courts are recognizing and utilizing tribal customary law. This analysis will include a summary of tribal treaty harvest management systems and the how in the recognition of treaty reserved rights, federal courts have often limited tribes in their ability to fully implement and utilize tribal customary law. In response, I argue that as tribes enter the next fifty years of treaty rights implementation that the presumption of primary management should …

Angle Of Repose: Mine And Thine, Stewart Justman

Global Humanities and Religions Faculty Publications

In the composition of Angle of Repose (1971) Wallace Stegner drew heavily from the unpublished writings of Mary Hallock Foote (1847-1938)—a practice that shapes the novel in more ways than one. Stegner seems to have felt that the wholesale use of another’s writings is legitimate provided that appropriated text is worked into something original. Hence the strenuous originality of this tale of a Quaker woman whose incongruous marriage, following a loveless engagement, leads to an illicit dalliance which in turn leads directly to the death of her child. Relating a series of events that exists nowhere but in the pages …

#Taxback? Prohibiting State Real Property Taxes On Land In Indian Country, Pippa Browde

Faculty Law Review Articles

Land is a critical asset of Indian tribes. As tribes wrestle with how to create sustainable economies to support their sovereignty, the use and management of tribal land is integral. Taxation is a key component of economic development. This Article is about taxation of land within Indian country. It considers existing law that allows for state taxation of some land within Indian country. It makes a normative claim as to who the proper taxing sovereign should be based on tax policy principles and principles that support tribal self-governance and tribal sovereignty.

In Part II, this Article provides the background for …

July 2025 News Releases, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Letter From The Editors

Public Land & Resources Law Review

No abstract provided.

Property Clause Power Play: The Blm's Conservation Rule And Loper Bright, Meridian S. Wappett, Sandra B. Zellmer

Public Land & Resources Law Review

This article examines the implications of Loper Bright on public land management through rulemaking. Part II provides a comprehensive overview of the case, its holding, and its potential ramifications. Part III delves into the history of the Administrative Procedure Act (“APA”), to illuminate the evolution and underlying rationale for agency deference. Part IV analyzes the constitutional framework underpinning the BLM’s statutory authority, rooted primarily in the Property Clause, which delegates the task of making “needful” rules governing public lands to Congress and to federal land management agencies. Finally, Part V argues that the Rule is valid, whether a reviewing court …

A Most Essential Power: The Case For Restoring Comprehensive Land Use Authority In Indian Country, Michelle Bryan

Public Land & Resources Law Review

Part I of this article provides a brief overview of allotment and its lingering jurisdictional quagmire on impacted reservations. Stepping outside of Indian Country, Part II then outlines the U.S. Supreme Court’s longstanding recognition of sweeping, area-wide government land use authority—authority it considers among the “most essential” and “least limitable.” The Court has never applied this established law when determining tribal sovereignty over land use. That application is long overdue.

Part III details how we arrived at this state of affairs—how tribes, despite starting with sovereign control over land use throughout their territories, experienced losses in that authority over time …

Water Knows No Boundaries: Tribal Jurisdiction Over Non-Indians' Off-Reservation Conduct That Threatens On-Reservation Tribal Water Resources, Wesley J. Furlong, Lori E. Blumenthal

Public Land & Resources Law Review

This Article begins by discussing Manoomin and Sauk-Suiattle, orienting the reader to how these complicated jurisdictional issues have been addressed by Tribal courts. Next, this Article sets forth the current framework under Montana and Merrion for determining the extent of Tribal civil jurisdiction over non-Indians. Next, this Article examines the caselaw establishing Tribal Nations’ inherent sovereign authority to exercise civil jurisdiction over non-Indian activities and conduct occurring on-reservation that threaten or affect Tribal water resources and rights. Finally, this Article examines the caselaw that lays the groundwork for extending Tribal Nations’ civil jurisdiction over non-Indian activities and conduct occurring off-reservation …

Treaty Justice: Charles Wilkinson's Homage To The Boldt Decision, Michael C. Blumm

Public Land & Resources Law Review

Charles Wilkinson, a beloved teacher, author, and advisor, gave his readers perhaps his most personal gift in Treaty Justice: The Northwest Tribes, the Boldt Decision, and the Recognition of Fishing Rights (U. Washington Press, 2024). Wilkinson finished the manuscript just a week before his unexpected death, at age 81, in 2023. The book is a blend of personal memoirs of countless encounters of people involved in the seminal Boldt decision–which revolutionized treaty fishing rights– and its aftermath, and part of legal history by an analyst who was acutely sensitive to the vagaries of both law and history. We are fortunate …

Abandoning The Iron Horse: Railroad Rights-Of-Way And The Implied Doctrine Of Reverter On Indian Reservations, Arthur B. Macomber

Public Land & Resources Law Review

Land title issues on Indian Reservations are notoriously but unnecessarily complex. Unsettled land titles and the resulting fragile land ownership status on Indian Reservations are well-known factors impeding productive land uses, the cure of environmental degradation, and Indian sovereignty, ownership, and control over sustainable land uses. Some lawsuits even question the existence of a Reservation itself. Land titles to many parcels on Indian Reservations have been split into thousands of owners. Using existing law and principles of equity, abandoned Reservation rights-of-way of many types do not have to sit unused and economically unproductive. Future lawsuits and other wasteful societal friction …

Powering Progress: How Ferc Order 2023'S Cluster Study Process Aims To Revolutionize Grid Interconnection, Lowell J. Chandler

Public Land & Resources Law Review

This Article analyzes Order 2023’s cornerstone reform: the replacement of the traditional first-come, first-served serial queue process with a more sophisticated first-ready, first-served cluster study approach. The Article also provides a basic introduction to utility regulation in the United States. While Order 2023’s change promises to revolutionize grid interconnection, the Article also considers whether additional reforms may be necessary to fully realize FERC’s vision of an efficient, equitable interconnection process.

Protect The Clearwater V. Montana Department Of Environmental Quality, Gillian Ellison

Public Land & Resources Law Review

In Protect the Clearwater v. Montana Department of Environmental Quality, the Montana Supreme Court reinforced that injunctive relief provisions in the Montana Environmental Protection Act are the exclusive avenue for injunctive relief once a claim has been filed under MEPA. The Court clarified that parties may not separately seek preliminary injunctions under Montana’s general injunction statute when a MEPA action contesting the same permit is already pending.

Montana Trout Unlimited V. Montana Department Of Natural Resources, Kelly Brady

Public Land & Resources Law Review

A proposed copper mine located near tributaries of the highly protected Smith River in central Montana set off a series of lawsuits over the use of water in the state. After a number of administrative hearings and subsequent trials, the only substantial question left was the status of “mine dewatering.” The Montana Supreme Court decided whether 1,500,000 gallons of water removed annually from the inner workings of a mine should require a water use permit as a beneficial use or if it exists outside of the regulatory jurisdiction of the Montana Department of Natural Resources under the Montana Water Use …

Montana Environmental Information Center. V. Montana Department Of Public Service Regulation, Sadie Giles

Public Land & Resources Law Review

Montana Environmental Information Center v. Montana Department of Public Service Regulation provides insight into the discretion of the Public Service Commission and its impact on renewable energy development in Montana, especially in the wake of the repeal of the Renewable Power Production and Rural Economic Development Act. This case evaluates the Commission’s decisions to grant waivers to NorthWestern Energy for its 2015 and 2016 renewable energy purchase obligations under the Act. The Court found the Commission’s decisions were arbitrary and unsupported by substantial evidence and appropriate reasoning. Montana’s renewable portfolio standards had proven effective in promoting renewable energy and economic …

Tribal Sovereignty And The Limits Of Federal Evidence: Authenticating Indian Status In United States V. Harper, Anthony J. Shirey

Public Land & Resources Law Review

In United States v. Harper, the Tenth Circuit reversed a conviction for violent crimes committed in Indian Country because the government failed to provide admissible evidence proving that the defendant was an “Indian” under federal law. At first glance, the ruling appears to turn on a technical evidentiary issue concerning the exclusion of a tribal membership verification letter under the business records exception. Yet the case reveals something deeper: a jurisdictional framework that conditions the recognition of tribal identity on federal evidentiary norms, and in doing so, limits the functional sovereignty of tribal governments in federal courts. This Note seeks …

Friends Of The Inyo V. United States Forest Service, Sarah J. Leopard

Public Land & Resources Law Review

Friends of the Inyo v. United States Forest Service provides necessary guidance for categorical exclusion analysis under the National Environmental Policy Act. The Ninth Circuit Court of Appeals held that the United States Forest Service wrongfully construed NEPA as permissive of applying different categorical exclusions to various components of the same mining project until the project was excluded in its entirety from further environmental review. The Court’s holding establishes two essential rules for evaluating mining proposals on public lands: (1) a categorical exclusion, when applied under § 220.6, must cover the entire scope of a proposed project; and (2) the …

Ahms 144.51: Medical Terminology, Luke M. Alford

University of Montana Course Syllabi, 2021-2025

No abstract provided.

Phl 110e.50: Introduction To Ethics, Charles B. Hayes

University of Montana Course Syllabi, 2021-2025

No abstract provided.

June 2025 News Releases, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

Montana Environmental Information Center V. Montana Department Of Environmental Quality, Alexis Karbowicz

Public Land & Resources Law Review

No abstract provided.

From Fables To Facts: Discovering The World Through Stories And Science, Lucille Helen Vanek

Graduate Student Portfolios, Professional Papers, and Capstone Projects

From Fables to Facts: Discovering the World Through Stories and Science examines the integration of narrative storytelling and hands-on scientific exploration as a means of cultivating environmental literacy, ethical reflection, and sustained engagement with the natural world. Grounded in environmental philosophy, aesthetics, and ethics, the project draws on theoretical insights from Holmes Rolston III, Marcia Muelder Eaton, Allen Carlson, Arnold Berleant, and C. Thi Nguyen to develop a multidimensional model of education that unites imagination, cognition, and participatory experience. Implemented in diverse Montana community settings—including libraries, early learning centers, science museums, and faith-based organizations—the program paired fables, parables, and literary …

Mapping Of Wetland And Riparian Habitat For The National Wetlands Inventory: South-Central Utah, Faith O. Hardin, Ella S. Hartshorn, Ryhan T. Sempler, Liana N. Heberer, Sara K. Owen, Kay L. Hajek

EMMA Publications

This report details the wetland and riparian mapping methodologies implemented for the South-central Utah project. The project area consists of 120 1:24,000 US Geological Survey (USGS) quads across Southern Utah, with quads in Kane, San Juan, Garfield County, Grand, Emery, and Sevier counties.

May 2025 News Releases, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

Confidence And Domain: Children’S Trust In People For Factual Information And Moral Decisions, Anastasia L. Wood

University of Montana Conference on Undergraduate Research (UMCUR)

Confidence is a salient factor when determining an individual’s depth and breadth of knowledge. However, confidence alone can be an unreliable predictor of someone’s knowledge, and does not always indicate accuracy. For my project, I will analyze a study investigating whether children prefer to learn from a confident or hesitant individual, and if their preference differs when the information is factual or moral in nature. Participants (N=128) aged 5-8 were recruited through the UM Living Lab, with half assigned to a moral condition and the other half to a factual condition. Participants were presented with stimuli videos portraying …

Mapping Behavior To Lesion Location In Neurolinguistics: History And The Illusive Methodology, Shea Highfill

University of Montana Conference on Undergraduate Research (UMCUR)

At first glance it seems as though the history of aphasia, a neurological deficit in language, is teaming with thorough, well characterized research using lesions to determine the language centers of the brain. A brain lesion is classified as tissue in the brain that is damaged due to disease or injury. The location of these lesions is a fundamental part of understanding how the structures of the brain affect the way humans think and behave; lesion mapping is the process used by researchers to identify this relationship. Exploring the history of this process reveals an epidemic of poorly described methodologies. …

Exploring The Reproductive Phenology Of Feral Horses In North America, Mattie Budine

University of Montana Conference on Undergraduate Research (UMCUR)

Feral horses (Equus ferus caballus) are a prolific species in western North America. Due to their history of domestication, it is believed they have an extended foaling period compared to native ungulates, such as elk (Cervus canadensis) and mule deer (Odocoileus hemionus), yet there are few (or no) studies examining this assumption. I am examining this assumption by comparing the observed foaling seasons of different regional herds throughout North America to identify if foaling seasons are uniform across latitudes. My dataset consists of various research studies and unpublished observations of different feral horse herds throughout North America. The result is …

Cervid Breakage Patterns In Western Montana, Tanner D. Liermann

University of Montana Conference on Undergraduate Research (UMCUR)

Sexual weapons are expected to withstand intense combat as weapon failure can directly impact an individual's reproductive success. Most weapons are permanent and a broken weapon costs that animal for the rest of its life. However, a few species regrow their weapons. The consequences of structural failure are lower in these animals, and they may invest less in their production as a result—leading to increased rates of breakage in the wild. Cervids (true deer) regenerate antlers each year, yet their rates of weapon failure remain unclear. In our study, we recorded breakage rates, antler point symmetry, harvest location, and age …