Law Commons^™

Burlington Northern Railroad Company V. Red Wolf, Alanah Griffith

Montana Law Review

Burlington Northern Railroad Company v. Red Wolf

Protecting And Preserving Our National Parks In The Twenty First Century: Are Additional Reforms Needed Above And Beyond The Requirements Of The 1998 National Parks Omnibus Management Act?, Richard J. Ansson Jr., Dalton L. Hooks Jr.

Montana Law Review

Protecting and Preserving Our National Parks in the Twenty First Century

The United States Becomes A Signatory To The Rome Treaty Establishing The International Criminal Court: Why Are So Many Concerned By This Action?, A. Diane Holcombe

Montana Law Review

The United States Becomes a Signatory to the Rome Treaty Establishing the International Criminal Court

Meic V. Deq: An Inadequate Effort To Address The Meaning Of Montana's Constitutional Environmental Provisions, John L. Horwich

Montana Law Review

MEIC v. DEQ

Apportioning Tort Damages In New York: A Method To The Madness, Paul F. Kirgis

Faculty Law Review Articles

This Article proposes a unified formula for calculating damages in complex, multiparty tort cases. While the formula is my own, it incorporates the available case law and rests on the judgments of New York's most prominent civil practice scholars where no judicial guidance exists. Perhaps the most convincing claim to legitimacy I can offer, however, is the fact that my methodology produces results consistent with the principles motivating the statutory provisions at issue.

A Litigator's Perspective: The Montana Tmdl Litigation, Jack R. Tuholske

Public Land & Resources Law Review

No abstract provided.

A Clean And Healthful Environment And Original Intent, C. B. Mcneil

Public Land & Resources Law Review

No abstract provided.

Table Of Contents, Table Of Contents Public Land & Resources Law Review

Public Land & Resources Law Review

No abstract provided.

Can Tmdls Ensure A Clean And Healthful Environment? Introduction, Trent Baker, Caryn Miske, Tom Thompson

Public Land & Resources Law Review

No abstract provided.

Public Lands Council V. Babbitt: Another Nail In The Coffin For Ranchers' Claims To Semi-Ownership Of Federal Lands?, Mark Epperson

Public Land & Resources Law Review

No abstract provided.

Tmdls At A Crossroads: Driven By Litigation, Derailed By Controversy?, Nina Bell

Public Land & Resources Law Review

No abstract provided.

Invalidating The Family Or Household Exclusion In Auto Insurance, Gregory S. Munro

Faculty Journal Articles & Other Writings

No abstract provided.

Driving The Stake Into The Comparative Bad Faith Defense And Reverse Bad Faith Claims, Greg Munro

Faculty Journal Articles & Other Writings

This article reviews case law precedent from Montana and California that exposes holes in the legal theory of comparative fault in insurance bad faith.

The Insurer's Reservation Of Rights Letter And The Duty To Defend, Greg Munro

Faculty Journal Articles & Other Writings

This article examines the specific body of law and standard of care that has developed around the reservation of rights letters and the duty to defend.

Just Between Us -- Aba Considers New Ethical Rules, Irma S. Russell

Faculty Journal Articles & Other Writings

This article briefly describes one of the proposed rule revisions (Model Rule 1.6) to the Model Rules of Professional Conduct that will be presented to the ABA House of Delegates in July 2001 by the Ethics 2000 Commission.

Editorial Board, Montana Law Review

MLR Editorial Boards

Editors-in Chief Taudd A. Hume Bryan L. Quick Executive Editor Michael M. Lawloy Managing Editors Penny L. Merreot Peter W. Mickelson Intake Editors Michael E. Begley Reid Perkins Articles Editors Julie A. Johnson Mathew Stevenson Production Editors Michael M. Lawlor Mathew Stevenson Symposium Editor Allanah N. Griffith Staff Ryan M. Archer Elaine M. Dahl Cory R. Gangle Angie Griner Joslyn M. Hunt Edward T. LeClaire Brady M. Peterson Alan Trunkey Faculty Advisor J. Martin Burke

Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell

Faculty Law Review Articles

This article considers whether providing additional content to the concept of good faith in the area of contract modification is possible or desirable. The article explores the modification puzzle and the issues of erratic justice that result from the nebulous nature of the UCC test, and evaluates an alternative test (the sequential approach) that scrutinizes each step of the modification process and imports the standard of reasonable grounds into this context.

Part II discusses terminology and fundamental concepts in this area of law, including the reasons for seeking a modification, the steps of a modification, and the typical defense to …

The Government As Fiduciary: A Practical Demonstration From The Reign Of Trajan, Robert G. Natelson

Faculty Law Review Articles

This article addresses the potential objections to applying fiduciary standards to higher government functionaries by exploring a case that proved it feasible: the government of the Roman Emperor Trajan. The author asks, if fiduciary government was practicable in a narrowly based regime governing a multicultural empire -- where communication was slow and information expensive -- why is it not achievable in America today. The author concludes that the principles by which Trajan governed are a rebuke to our own, less exacting, standards of public law today and that holding government to fiduciary standards, even in a huge multicultural empire, is …

Meaning, Intention, And The Hearsay Rule., Paul F. Kirgis

Faculty Law Review Articles

In this Article, I draw on insights from the linguistic discipline of pragmatics to offer another way to understand and apply the definition of hearsay in the Federal Rules of Evidence. Pragmatics is concerned with how we use language in real-world contexts to accomplish various objectives.' By identifying the conventions that govern language usage, pragmatics provides ways to analyze what a speaker means when he says something and how meaning is conveyed through language.5 Pragmatics thus has obvious utility for the study of hearsay.

The philosopher Paul Grice looms over the field of pragmatics. His theory of conversational implicature revolutionized …

Deregulation And The Administrative Role: Looking At Dietary Supplements, Margaret Gilhooley

Montana Law Review

Deregulation and the Administrative Role

Closing The Floodgates: Making Persuasive Policy Arguments In Appellate Briefs, Ellie Margolis

Montana Law Review

Making Persuasive Policy Arguments in Appellate Briefs

Defense Within Limits: The Conflicts Of "Wasting" Or "Cannibalizing" Insurance Policies, Gregory S. Munro

Montana Law Review

The Conflicts of "Wasting" or "Cannibalizing" Insurance Policies

Good Riddance To Good Faith?: Deciphering Montana's New Test For Subfacial Challenges To Search Warrant Affidavits, Peter William Mickelson

Montana Law Review

Good Riddance to Good Faith?

Something Upon Which We Can All Agree: Requiring A Unanimous Jury Verdict In Criminal Cases, Brian M. Morris

Montana Law Review

Requiring a Unanimous Jury Verdict in Criminal Cases