Law Commons^™

The Constitutional Initiative In Montana, Anthony Johnstone

Montana Law Review

The Constitutional Initiative in Montana

Stream Access In Montana And The Dispute Over Public Recreation On The Mitchell Slough, Tyson Radley O'Connell

Montana Law Review

Stream Access in Montana

Have American Indians Been Written Out Of The Religious Freedom Restoration Act, Jessica M. Wiles

Montana Law Review

Written out of RFRA

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 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

Montana Law Review

Interpreting a Constitution

Tribute To Dean Robert E. Sullivan, J. Martin Burke

Montana Law Review

Tribute to Dean Robert E. Sullivan

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 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

An Introduction To The Federal Tort Claims Act In Indian Self-Determination Act Contracting, Thomas W. Christie

Montana Law Review

FTCA in Indian Self-Determination Act

Recent Decisions Affecting The Montana Practitioner

Montana Law Review

Recent Decisions

Editorial Board, Montana Law Review

MLR Editorial Boards

Editors-in Chief Peter Arant Jori Quinlan Executive Editors Karla Painter Bryan Spoon Managing Editor Kelly Devlin Intake Editor Jain Walsh Articles Editors Erin Kraft Scott Peterson Business Editor Eric Henkel Notes Editors Stephanie Mann Joe Ransmeier Symposium Editors Megan McCrae Briana Schwandt Staff Lee Baxter David Bigger Haley Connell Francesca DiStefano Nick Domitrovich Zach Franz Sterling Laudon Katharine Leque Seamus Molloy Hanna Schantz John Semmens John Sullivan Josh VanSwearingen Faculty Advisor J. Martin Burke

A Fall From Grace: United States V. W.R. Grace And The Need For Criminal Discovery Reform, Andrew King-Ries, Beth Brennan

Faculty Law Review Articles

This article examines several 2009 cases involving prosecutorial misconduct arising from the federal government's failure to live up to its criminal discovery obligations. The article focuses specifically on U.S. v. W.R. Grace, a Clean Air Act criminal case in Montana. The authors' analysis of Grace and other cases suggests that the absence of a clear, enforceable rule jeopardizes the government's ability to fairly prosecute its cases and supports amending Rule 16 to eliminate the gap between prosecutors' legal and ethical duties, and to require the pretrial disclosure of evidence favorable to the defendant.

The "Discretionary Clause" In Erisa Health Insurance Plans, Greg Munro

Faculty Journal Articles & Other Writings

This article reviews the issue of the power of state insurance commissioners to regulate the use of the discretionary clause under ERISA. The article questions the remarkable power imbalance between insureds and insurers noting the courts' deference to decisions made under discretionary clauses and the abuse of discretion standard.

Auto Policy Conflicts Of Law In Montana, Greg Munro

Faculty Journal Articles & Other Writings

This article reviews the conflicts of law cases in Montana in chronological order. The article notes that the Montana Supreme Court followed a clear and predictable set of principles in dealing with the issue of what law applies to the out-of-state auto policy involved in an accident in Montana for almost thirty years, from Kemp in 1979 until Moodro in 2008. The end result of the last two years, however, is a confused abandonment of Montana's materially greater interest in its public policy protection for consumers of auto insurance. The article asserts that this interest needs to be inserted back …

Insurance And Climate Change, Greg Munro

Faculty Journal Articles & Other Writings

This article examines insurance industry awareness of climate change and its implications, what risks it presents to insureds and insurers, what action insurers are taking to address it, and how the insurance industry could be a major force in getting the world to address climate change and mitigate its effects.

Uniform Law Commission: Group Adds 6 Acts For Montana To Consider, E. Edwin Eck

Faculty Journal Articles & Other Writings

This article reports on uniform acts proposed by the Uniform Law Commission at its annual meeting during the summer of 2010. The article then describes the qualifications required to serve as a Montana Uniform Law commissioner and how they are appointed. Next, the article explains the procedures for proposing new uniform acts. The article also reviews six specified acts that Montana's commissions identified as important for consideration: 1) Uniform Military & Overseas Voters Act; 2) Revised Uniform Limited Partnership Act; 3) Revised Uniform Limited Liability Company Act; 4) Revised Uniform Principal & Income Act; 5) Uniform Collateral Consequences of Conviction …

An Economic Anyalysis Of Montana Products Liability, Daniel Jones

Montana Law Review

Montana Products Liability

The Legal Needs Of Farmers: An Analysis Of The Family Farm Legal Needs Survey, A. Bryan Endres, Stephanie B. Johnson, Donald L. Uchtmann, Anne H. Silvis

Montana Law Review

The Legal Needs of Farmers

In Re Ests. Of Swansons: The Slayer Statute And The Impact Of A Guilty Plea On Collateral Estoppel In Montana, Peter Arant

Montana Law Review

In Re Ests. of Swansons: The Slayer Statute

Spatial Inequality As Constitutional Infirmity: Equal Protection, Child Poverty And Place, Lisa R. Pruitt

Montana Law Review

Spatial Inequality as Constitutional Infirmity

Two Crimes For The Price Of One: Reshaping Felony Homicide In State V. Russell, Eric Henkel

Montana Law Review

Reshaping Felony Homicide in State v. Russell

Keeping The American Indian Rancher On The Land: A Socio-Legal Analysis Of The Rise And The Demise Of American Indian Ranching On The Northern Great Plains, Raymond Cross

Faculty Law Review Articles

This article evaluates the phenomenon of Indian ranching from its rise in the late nineteenth century to its potential demise in the early years of the twenty-first century. The article examines the many intertwined factors -- political, economic, cultural, ecological, and spiritual -- that account for Indian ranching's rise, as well as its impending demise. The article asserts that Indian ranching could well have become the Indian-civilizing strategy that helped bridge the vast socioeconomic gulf that existed, and still exists, between the Indian and non-Indian peoples of the northern Great Plains. The article concludes that Indian ranching's impending demise can …

Stop The Beach Renourishment Stops Private Beachowners' Right To Exclude The Public, Kristen G. Juras, Sydney F. Ansbacher, Robert K. Lincoln

Faculty Law Review Articles

In this article, the authors examine the various measures implemented by state and local governments to enhance public access to and use of government-owned tidelands, streambeds, and lake shores and how, although not necessarily titled as such, many of these measures result, without payment of compensation, in an easement allowing public access to and use of private waterfront property.

Section I describes the rights of riparian property owners and the right of the public to use government-owned shores and tidelands, followed by a general overview of various state legislative and judicial responses designed to address the conflicts that arise when …

Floods, Famines, Or Feasts: Too Much, Too Little, Or Just Right, Sandra B. Zellmer

Faculty Law Review Articles

The United States has a passionate love-hate relationship with water. Americans love to live beside rivers and lakes and use them for drinking water, washing, fishing, generating power, navigating, and recreation. They also love to be able to use water from rivers, lakes, and the ground beneath their property to irrigate their crops. When it's too dry, they pray for rain. But when it's too wet, they beg for sunshine, because as much as they love living as close to the water as they can get, people hate having their homes, workplaces, and crops inundated by floodwater even more. Besides …

Blazer V. Wall: The Restriction Of The Easement By Reservation Doctrine, Hanna Warhank

Montana Law Review

Restriction of the Easement by Reservation Doctrine

Tribute To Dean Robert E. Sullivan, J. Martin Burke

Faculty Law Review Articles

This article is a tribute to Robert E. Sullivan, long-time dean of the University of Montana School of Law.