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Full-Text Articles in Law
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandra B. Zellmer, Christine A. Klein
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandra B. Zellmer, Christine A. Klein
Faculty Law Review Articles
In the wake of Hurricane Katrina, the nation pondered how a relatively weak Category 3 storm could have destroyed an entire region. Few appreciated the extent to which a flawed federal water development policy transformed this apparently natural disaster into a "manmade" disaster; fewer still appreciated how the disaster was the predictable, and indeed predicted, sequel to almost a century of similar disasters. This Article focuses upon three such stories: the Great Flood of 1927, the Midwest Flood of 1993, and Hurricanes Katrina and Rita of 2005. Taken together, the stories reveal important lessons, including the inadequacy of engineered flood …
Privacy And Dignity At The End Of Life: Protecting The Right Of Montans To Choose Aid In Dying, Kathryn L. Tucker
Privacy And Dignity At The End Of Life: Protecting The Right Of Montans To Choose Aid In Dying, Kathryn L. Tucker
Montana Law Review
Privacy and Dignity at the End of LIfe
Keynote Address: The Right To Privacy, James C. Nelson
Keynote Address: The Right To Privacy, James C. Nelson
Montana Law Review
Keynote Address: The Right to Privacy
The Founders' Hermeneutic: The Real Original Understanding Of Original Intent, Robert G. Natelson
The Founders' Hermeneutic: The Real Original Understanding Of Original Intent, Robert G. Natelson
Faculty Law Review Articles
This article re-examines the controversial question of whether the American Founders believed their own subjective understandings should guide future interpretation of the U.S. Constitution, or whether they thought the constitutional construction should be guided only by objective public meaning or some other hermeneutic standard.
Tempering The Commerce Power, Robert G. Natelson
Tempering The Commerce Power, Robert G. Natelson
Montana Law Review
Tempering the Commerce Power
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
Faculty Law Review Articles
This article is a comprehensive analysis of the original meaning of and understanding behind the Constitution's Indian Commerce Clause under which Congress claims plenary and exclusive power over federal affairs with Indian tribes. The author concludes that, as originally understood, congressional power over the tribes was to be neither plenary nor exclusive.
Tempering The Commerce Power, Robert G. Natelson
Tempering The Commerce Power, Robert G. Natelson
Faculty Law Review Articles
The Supreme Court's modern interpretation of the Necessary and Proper Clause in the realm of interstate commerce is textually problematic, unfaithful to the Constitution's original meaning, and contains positive incentives for Congress to over-regulate. The Necessary and Proper Clause was intended to embody the common law doctrine of principals and incidents, and the Court should employ that doctrine as its interpretive benchmark. The common law doctrine contains less, although some, bias toward over-regulation, and it is flexible enough to adapt to changing social conditions. Adherence to the common law doctrine would markedly improve Commerce Power jurisprudence and reduce incentives for …