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Articles 1 - 4 of 4

Full-Text Articles in Law

Defeating The "Step-Down" Clause In Auto Insurance, Greg Munro Jan 2009

Defeating The "Step-Down" Clause In Auto Insurance, Greg Munro

Faculty Journal Articles & Other Writings

This article addresses the increasingly occurring situations where "step-down" clauses are inserted in auto policies to defeat coverage for particular classes of claimants. The article points out that step-down clauses that reduce the recovery of family members to minimum limits and protection of permissive users to minimum limits are subject to challenge for being unfair, unconscionable, violative of public policy, violative of reasonable expectations, and for creating ambiguity in an auto policy, and as such, need to be scrutinized by the Montana Supreme Court.


Overreaction Then (Korematsu) And Now (The Detainee Cases), Fritz Snyder Jan 2009

Overreaction Then (Korematsu) And Now (The Detainee Cases), Fritz Snyder

Faculty Journal Articles & Other Writings

In light of the "detainee cases," this article uses Korematsu v. U.S. as a case study in how things can go grievously wrong when the government overreacts to the threat of terrorism and individual rights disappear.


Montana's Unique Writ Of Supervisory Control, Larry Howell Jan 2009

Montana's Unique Writ Of Supervisory Control, Larry Howell

Faculty Journal Articles & Other Writings

This article explores the history of the Montana Supreme Court's unique writ of supervisory control, which dates back to the infamous War of the Copper Kings in Butte, Montana. The article also examines the steps the Court has taken to clarify the law of supervisory control in Rule 14(3) of the new Montana Rules of Appellate Procedure, which went into effect in October 2007, and expressly states for the first time the circumstances under which the writ will issue.


A New Way For Lawyers To Assist Veterans, Hillary A. Wandler Jan 2009

A New Way For Lawyers To Assist Veterans, Hillary A. Wandler

Faculty Journal Articles & Other Writings

This article addresses the ever-increasing need for knowledgeable and effective veterans' advocates, and in particular, for veterans in Montana. The author notes that Montana Veterans Service Officers (VSOs) have demonstrated, effective representation can significantly increase a veteran's chance at submitting a successful benefits claim and nearly double a veteran's ultimate compensation. The author encourages Montana attorneys to come alongside Montana's VSOs to meet the legal needs of those who have served and are currently serving our country overseas and at home.