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Articles 1 - 7 of 7
Full-Text Articles in Law
Defense Within Limits: The Conflicts Of "Wasting" Or "Cannibalizing" Insurance Policies, Greg Munro
Defense Within Limits: The Conflicts Of "Wasting" Or "Cannibalizing" Insurance Policies, Greg Munro
Faculty Journal Articles & Other Writings
This article discusses defense within limits (DWL) provisions of insurance liability policies and the potential conflict inherent when the limit of liability available to indemnify the insured against verdicts or settlements is reduced by the costs of defense.
"Stacking" In Montana In 1999, Greg Munro
"Stacking" In Montana In 1999, Greg Munro
Faculty Journal Articles & Other Writings
This article discusses the status of stacking, the aggregation of coverages by reason of multiple autos insured under a single policy as well as multiple autos insured under separate policies as long as the autos are insured with the same company, in Montana in 1999.
Invalidating Auto Insurance Provisions In Montana, Greg Munro
Invalidating Auto Insurance Provisions In Montana, Greg Munro
Faculty Journal Articles & Other Writings
This article reviews cases in which the Montana Supreme Court has invalidated or limited provisions of the standard auto policies. The article discusses three grounds when the Court generally has invalidated auto insurance provisions: 1) on ground of public policy per the Mandatory Liability Protection Act; 2) on ground of public policy per the Uninsured Motorist statute; and 3) on ground of defeating insurance consumer's reasonable expectations. The article concludes that the list of auto insurance policy provisions invalidated by the Montana Supreme Court is extensive, confirming the Court's commitment to test insurance provisions to ensure they comport with public …
Editorial Board, Montana Law Review
Editorial Board, Montana Law Review
MLR Editorial Boards
Editors-in Chief Dennis E. Rogers Nicholas J. Weilhammer Articles Editors Thomas J. Harrington John J. Mudd Laura D. Vachowski Lisa M. Roberts (incoming) Angela Zeilinski (incoming) Managing Editor Sean P. Goicoechea Staff Michelle Bryan Travis Dye Lynn Fagan Robert Henderson A. Diane Holcombe Jeremy Hueth Cory O’Neill Cathleen Sohlberg Faculty Advisors J. Martin Burke Sally Weaver
What Spending Clause? (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, Jeffrey T. Renz
Faculty Law Review Articles
This article tests three interpretations of the General Welfare Clause that persisted prior to the U.S. v. Butler decision against the text of the Constitution and discusses historical conditions that add to the understanding of that clause of the U.S. Constitution. Specifically, the author examines: the "strong" Hamiltonian interpretation, the Madison interpretation, and the "weak" Hamiltonian or Story interpretation. The author concludes that in the course of testing each hypothesis, a surprising conclusion was reached: all interpretations failed to survive.
American Indian Education: The Terror Of History And The Nation's Debt To The Indian Peoples, Raymond Cross
American Indian Education: The Terror Of History And The Nation's Debt To The Indian Peoples, Raymond Cross
Faculty Law Review Articles
In this article the author explains the origin of some of the deeply embedded historic, cultural and legal biases that have long frustrated attempts to reform American Indian education and suggests some strategies for mitigating, if not eliminating, their influence on Indian education.
The West Digest System: The Ninth Circuit And The Montana Supreme Court, Fritz Snyder
The West Digest System: The Ninth Circuit And The Montana Supreme Court, Fritz Snyder
Faculty Law Review Articles
This article analyzes the West Digest System. The article first describes the West Digest System. Next, the article compares Montana jurisprudence with that of the Ninth Circuit in light of numerical analysis of the West Digest System. Then the article discusses certain digest topics as reflections of American law. Finally, the article examines the curious symbiotic relationship between the West Digest System and the growth of American jurisprudence.