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Articles 1 - 25 of 25

Full-Text Articles in Law

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


Towards A Universal Field Theory Of National Private Rights And Federalism, Roderick M. Hills Jr. Feb 2015

Towards A Universal Field Theory Of National Private Rights And Federalism, Roderick M. Hills Jr.

Montana Law Review

No abstract provided.


Will Uncooperative Federalism Survive Nfib?, Abigail R. Moncrieff, Jonathan Dinerstein Feb 2015

Will Uncooperative Federalism Survive Nfib?, Abigail R. Moncrieff, Jonathan Dinerstein

Montana Law Review

No abstract provided.


Tribal Disruption And Federalism, Matthew L.M. Fletcher Feb 2015

Tribal Disruption And Federalism, Matthew L.M. Fletcher

Montana Law Review

No abstract provided.


Democracy, Foot Voting, And The Case For Limiting Federal Power, Ilya Somin Feb 2015

Democracy, Foot Voting, And The Case For Limiting Federal Power, Ilya Somin

Montana Law Review

No abstract provided.


Billings Gazette V. City Of Billings: Examining Montana's New Exception To The Public's Right To Know, Adam Wade Feb 2015

Billings Gazette V. City Of Billings: Examining Montana's New Exception To The Public's Right To Know, Adam Wade

Montana Law Review

No abstract provided.


The Future Of Federalism, From The Bottom Up, Anthony Johnstone Feb 2015

The Future Of Federalism, From The Bottom Up, Anthony Johnstone

Montana Law Review

No abstract provided.


Indemnification As An Alternative To Nullification, Robert A. Mikos Feb 2015

Indemnification As An Alternative To Nullification, Robert A. Mikos

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


Failing To Protect Participants' Fundamental Rights In Drug Treatment Court, Michel Panaretos Fullerton Jul 2013

Failing To Protect Participants' Fundamental Rights In Drug Treatment Court, Michel Panaretos Fullerton

Montana Law Review

This comment begins with the story of Karlyle Plouffe, a young adult participant in the Mineral County DUI/Drug Treatment Court. Next, the paper details the Sixth Amendment fundamental rights afforded to all criminal offenders and the manner in which those rights apply to defendants upon entry into drug treatment court. The paper then details the Fifth Amendment privilege against self-incrimination and presents the sole exception to the rule—namely, that one must affirmatively waive that privilege. The paper outlines the history of drug treatment courts, as well as the Bureau of Justice Assistance’s best practices for drug treatment courts. Next, those …


Going With The Flow: The Montana Court's Conservative Approach To Constitutional Interpretation, Jack Tuholske Jul 2011

Going With The Flow: The Montana Court's Conservative Approach To Constitutional Interpretation, Jack Tuholske

Montana Law Review

Interpreting Montana's Constitution


Gonzales V. City Of Bozeman: The Public Duty Doctrine's Unconstitutional Treatment Of Government Defendants In Tort Claims, Lee C. Baxter Jul 2011

Gonzales V. City Of Bozeman: The Public Duty Doctrine's Unconstitutional Treatment Of Government Defendants In Tort Claims, Lee C. Baxter

Montana Law Review

Gonzales v. City of Bozeman: The Public Duty Doctrine


Is The Government In My Pocket? An Overview Of Government Location Tracking Of Cell Phones Under The Federal System And In Montana, Briana Schwandt Jul 2011

Is The Government In My Pocket? An Overview Of Government Location Tracking Of Cell Phones Under The Federal System And In Montana, Briana Schwandt

Montana Law Review

Government Location Tracking of Cell Phones


Closing The Courthouse Doors: Transcript Of The 2010 Honorable James R. Browning Distinguished Lecture In Law, Erwin Chemerinsky Jul 2010

Closing The Courthouse Doors: Transcript Of The 2010 Honorable James R. Browning Distinguished Lecture In Law, Erwin Chemerinsky

Montana Law Review

Closing the Courthouse Doors


The Rise And Fall Of The New Judicial Federalism Under The Montana Constitution, Betsy Griffing Jul 2010

The Rise And Fall Of The New Judicial Federalism Under The Montana Constitution, Betsy Griffing

Montana Law Review

Rise and Fall of the New Judicial Federalism


Keeping Faith With The Vision: Interpreting A Constitution For This And Future Generations, James C. Nelson Jul 2010

Keeping Faith With The Vision: Interpreting A Constitution For This And Future Generations, James C. Nelson

Montana Law Review

Interpreting a Constitution


The Political Dynamics Of Mandatory State Constitutional Convention Referendums: Lessons From The 2000s Regarding Obstacles And Pathways To Their Passage, John J. Dinan Jul 2010

The Political Dynamics Of Mandatory State Constitutional Convention Referendums: Lessons From The 2000s Regarding Obstacles And Pathways To Their Passage, John J. Dinan

Montana Law Review

State Constitutional Convention Referendums


The Constitutional Initiative In Montana, Anthony Johnstone Jul 2010

The Constitutional Initiative In Montana, Anthony Johnstone

Montana Law Review

The Constitutional Initiative in Montana


Synopses Of Past Articles In The Montana Law Review Discussing The 1972 Montana Constitutio N (1972-2009) Jul 2010

Synopses Of Past Articles In The Montana Law Review Discussing The 1972 Montana Constitutio N (1972-2009)

Montana Law Review

Articles on the Montana Constitution


The Right To Participate, The Right To Know, And Electronic Voting In Montana, Brian J. Miller Jul 2008

The Right To Participate, The Right To Know, And Electronic Voting In Montana, Brian J. Miller

Montana Law Review

Electronic Voting


How Did The Ten Commandments End Up On Both Sides Of The Wall Of Separation Between Church And State? The Contradicting Opinions Of Van Orden V. Perry And Mccreary V. Aclu, Tyson Radley O'Connell Jan 2008

How Did The Ten Commandments End Up On Both Sides Of The Wall Of Separation Between Church And State? The Contradicting Opinions Of Van Orden V. Perry And Mccreary V. Aclu, Tyson Radley O'Connell

Montana Law Review

Separation between Church and State


Privacy And Dignity At The End Of Life: Protecting The Right Of Montans To Choose Aid In Dying, Kathryn L. Tucker Jul 2007

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 Jul 2007

Keynote Address: The Right To Privacy, James C. Nelson

Montana Law Review

Keynote Address: The Right to Privacy


Tempering The Commerce Power, Robert G. Natelson Jan 2007

Tempering The Commerce Power, Robert G. Natelson

Montana Law Review

Tempering the Commerce Power