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Montana Law Review

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Full-Text Articles in Law

Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines Jan 2063

Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines

Montana Law Review

Teschner v. Commissioner


Pretrial Justice In Out-Of-The-Way Places – Including Rural Communities In The Bail Reform Conversation, Jordan Gross Nov 2023

Pretrial Justice In Out-Of-The-Way Places – Including Rural Communities In The Bail Reform Conversation, Jordan Gross

Montana Law Review

No abstract provided.


Washington's General Rule 37 And Montana's Call For Jury Selection Reform, Ellen Boland Monroe Nov 2023

Washington's General Rule 37 And Montana's Call For Jury Selection Reform, Ellen Boland Monroe

Montana Law Review

In April 2018, the Washington Supreme Court became the first in the nation to adopt a court rule to combat implicit bias in the jury selection process. 2 General Rule 37 (“GR 37”) eliminates the need to raise an inference of purposeful discrimination, lists presumptively invalid reasons for exercising a peremptory strike that are historically associated with racial stereotyping, and uses an objective standard to determine if race or ethnicity could be viewed as a factor in the strike. 3 These changes address growing concerns that the current framework for evaluating biased peremptory strikes has failed to combat discrimination while …


Now What? The Right To Privacy In Montana After Dobbs, Caitlin E. Borgmann Nov 2023

Now What? The Right To Privacy In Montana After Dobbs, Caitlin E. Borgmann

Montana Law Review

No abstract provided.


The Big Sky Shadow Docket: Noncite Opinions And The Montana Supreme Court, Blake Koemans Nov 2023

The Big Sky Shadow Docket: Noncite Opinions And The Montana Supreme Court, Blake Koemans

Montana Law Review

More than half of the Montana Supreme Court’s written opinions in 2022 carry no precedential value and cannot be cited as binding authority to a Montana court. The same is true for opinions issued in 2021, 2020, and 2019. Thousands of opinions—tens of thousands of pages, filled with the Court’s legal reasoning, factual applications, policy judgments, and practical advice—are unusable. Montana is not alone in this phenomenon as unpublished opinions constitute the majority of opinions in many other juris- dictions around the country. Consequentially, this outdated practice is impacting the law in Montana and throughout the country. Nonpublication was an …


Must We All Be Bold As Lions? Unfair Prejudice From Evidence Of Flight And Alternative Standards, Parker Streets Nov 2023

Must We All Be Bold As Lions? Unfair Prejudice From Evidence Of Flight And Alternative Standards, Parker Streets

Montana Law Review

A dramatic escape from a rehabilitation hospital, a high-speed car chase resulting in a crash, and an admission of fleeing to avoid jail. Despite fitting the description of an action movie, State v. Strizich presented a conundrum for the Montana Supreme Court, one that created substantial disagreement among the justices on whether evidence of the defendant’s flight should be admitted at trial. One major disagreement was whether to apply the four inferences test used by the federal courts, whereby courts determine the probative value of flight evidence—and therefore, its admissibility at trial—by assessing: the degree of confidence with which four …


Apparent From The Context: The Contemporaneous Objection Rule And Montana Rule Of Evidence 103(A)(1), Lauren R. Fox Nov 2023

Apparent From The Context: The Contemporaneous Objection Rule And Montana Rule Of Evidence 103(A)(1), Lauren R. Fox

Montana Law Review

It’s a rare millennial who is not familiar with “Legally Blonde,” a movie about an unlikely law school candidate attending Harvard Law School. In her application video, Elle Woods, click-clacking along in her high heels and pink sundress, tells the camera that she “feel[s] comfortable using legal jargon in everyday life.” The audience hears a wolf whistle, and a shirtless man runs up, pats her on the backside, then runs on. She says, “I object!”, gives the camera a big smile, and continues on her way. Although this scene is clearly a comedic Hollywood creation, the legal jargon Ms. Woods …


The Severe Or Pervasive Standard In The Modern Age, Levi Kimmel Nov 2023

The Severe Or Pervasive Standard In The Modern Age, Levi Kimmel

Montana Law Review

Rising racial tensions in the South following desegregation catalyzed the introduction of the 1964 Civil Rights Act (CRA). However, protections based on gender were not included until the House floor debate on the bill. Congressman Howard Smith, a staunch segregationist, introduced “sex” as a protected class in Title VII of the act as a “poison pill” meant to kill the bill.4 Title VII of the CRA—prior to Smith’s amendment—prohibited employment discrimination based on race, color, religion, or national origin. Supporters of the bill feared the inclusion of sex would cause Northern Democrats allied with labor unions to abandon their support …


Significant Montana Cases, Paul Dougherty, Amy Rathke, Gordon Wallace Nov 2023

Significant Montana Cases, Paul Dougherty, Amy Rathke, Gordon Wallace

Montana Law Review

In the fall of 2022, the Montana Supreme Court was thrust into the national spotlight in the wake of the United States Supreme Court’s June decision in Dobbs v. Jackson Women’s Health Organization. Political commentators around the country closely watched the election for one of two seats on the highest court in the Treasure State, speculating as to whether the balance would tip in favor of justices likely to follow the direction of the United States Supreme Court and overturn Montana’s constitutional protection of abortion. The judicial election raised questions of partisan influence among the members of Montana’s highest …


The Montana Supreme Court – The Statistics, Monte Cole, Adam Taub Nov 2023

The Montana Supreme Court – The Statistics, Monte Cole, Adam Taub

Montana Law Review

The Montana Supreme Court is Montana’s highest court. Unlike most state court systems, Montana does not have an intermediate appellate court. The Montana Supreme Court hears direct appeals from all of the district courts across the state, as well as from the Workers’ Compensation Court and the Water Court. In keeping with the trends of recent years, the Montana Supreme Court has continued to issue more than twice the number of opinions as the United States Supreme Court. Many of these opinions become binding precedent that Montana’s legal community must keep abreast of and incorporate into their practices and scholarship. …


Treasure State: Gambling Law, Lobbying, And The Case For The Expansion Of Legal Gambling In Montana, Trevor Funseth Nov 2023

Treasure State: Gambling Law, Lobbying, And The Case For The Expansion Of Legal Gambling In Montana, Trevor Funseth

Montana Law Review

Drive down a main road in one of Montana’s cities and you will count more casinos than gas stations. What’s more, even the gas station has a casino inside. Pass through a small town and you will likely find at least one Lucky Lil’s or Magic Diamond Casino. Montana is currently home to just under 1,400 state-licensed gambling operators and ranks fifth in the nation in casinos per capita with 1.7 casinos per thousand residents. One study used 21 different metrics including casinos per capita, lottery sales per capita, casino revenues, and gambling-related arrests per capita. Based on these metrics, …


A Unique Check On Government Power: Reconceptualizing The Right To Know As A Democracy-Promoting Provision, Constance Van Kley Apr 2023

A Unique Check On Government Power: Reconceptualizing The Right To Know As A Democracy-Promoting Provision, Constance Van Kley

Montana Law Review

No abstract provided.


What's Past Is Prologue, Marc Racicot Apr 2023

What's Past Is Prologue, Marc Racicot

Montana Law Review

No abstract provided.


Significant Montana Cases, Moriah Williams, Zachary Stauffer Apr 2023

Significant Montana Cases, Moriah Williams, Zachary Stauffer

Montana Law Review

No abstract provided.


Toward The End Of The Last Wave: The Montana State Constitution At Fifty, Robert F. Williams Apr 2023

Toward The End Of The Last Wave: The Montana State Constitution At Fifty, Robert F. Williams

Montana Law Review

No abstract provided.


Montana's Basic Necessities Clause And The Right To Earn A Living, Anthony B. Sanders Apr 2023

Montana's Basic Necessities Clause And The Right To Earn A Living, Anthony B. Sanders

Montana Law Review

No abstract provided.


Browning Symposium Opening Comments, Chief Judge Jeffrey S. Sutton Apr 2023

Browning Symposium Opening Comments, Chief Judge Jeffrey S. Sutton

Montana Law Review

No abstract provided.


The Constitutional Politics Of Abortion Policy After Dobbs: State Courts, Constitutions, And Lawmaking, John Dinan Apr 2023

The Constitutional Politics Of Abortion Policy After Dobbs: State Courts, Constitutions, And Lawmaking, John Dinan

Montana Law Review

No abstract provided.


For Better Or For Worse: The Court's Application Of The Second Montana Exception To United States V. Cooley, Lauren Moose Sep 2022

For Better Or For Worse: The Court's Application Of The Second Montana Exception To United States V. Cooley, Lauren Moose

Montana Law Review

No abstract provided.


Resurfacing Sovereignty: Who Regulates Surface Mining In Indian Country After Mcgirt?, Sam J. Carter, Robin M. Rotman Sep 2022

Resurfacing Sovereignty: Who Regulates Surface Mining In Indian Country After Mcgirt?, Sam J. Carter, Robin M. Rotman

Montana Law Review

No abstract provided.


Reconsidering Brown V. Gianforte And The Elimination Of The Montana Judicial Nominating Commission, J T Stepleton Sep 2022

Reconsidering Brown V. Gianforte And The Elimination Of The Montana Judicial Nominating Commission, J T Stepleton

Montana Law Review

No abstract provided.


A Tribute To The Honorable Charles C. Lovell, The Honorable Beth Baker Sep 2022

A Tribute To The Honorable Charles C. Lovell, The Honorable Beth Baker

Montana Law Review

No abstract provided.


Significant Montana Cases, Victoria Hill, Eric Monroe, Marti A. Liechty Sep 2022

Significant Montana Cases, Victoria Hill, Eric Monroe, Marti A. Liechty

Montana Law Review

No abstract provided.


Why The Ninth Circuit Works: A Tribute To Judge Sidney R. Thomas, The Honorable Morgan B. Christen Sep 2022

Why The Ninth Circuit Works: A Tribute To Judge Sidney R. Thomas, The Honorable Morgan B. Christen

Montana Law Review

No abstract provided.


Reflections On Revenge Porn: Illustrating Why The Legal System Should Adopt A Comprehensive Response To Nonconsensual Pornography In The U.S., Chance Carter Sep 2022

Reflections On Revenge Porn: Illustrating Why The Legal System Should Adopt A Comprehensive Response To Nonconsensual Pornography In The U.S., Chance Carter

Montana Law Review

No abstract provided.


How Strong Is Armstrong? What To Make Of Montana's Ambiguous Autonomy Rights In A Post-Roe World, Ben Mckee Sep 2022

How Strong Is Armstrong? What To Make Of Montana's Ambiguous Autonomy Rights In A Post-Roe World, Ben Mckee

Montana Law Review

No abstract provided.


The Montana Supreme Court – The Statistics, Blake Koemans, Denise Lafontaine Sep 2022

The Montana Supreme Court – The Statistics, Blake Koemans, Denise Lafontaine

Montana Law Review

No abstract provided.


Bezhigwan Ji-Izhi-Ganawaabandiyang: The Rights Of Nature And Its Jurisdictional Application For Anishinaabe Territories, Kekek Jason Stark Apr 2022

Bezhigwan Ji-Izhi-Ganawaabandiyang: The Rights Of Nature And Its Jurisdictional Application For Anishinaabe Territories, Kekek Jason Stark

Montana Law Review

No abstract provided.


Handle With Care: Ford Motor Company V. Montana Eighth Judicial District Court And Its Effect On The Ninth Circuit’S But-For Test, Dimitrios Tsolakidis Apr 2022

Handle With Care: Ford Motor Company V. Montana Eighth Judicial District Court And Its Effect On The Ninth Circuit’S But-For Test, Dimitrios Tsolakidis

Montana Law Review

No abstract provided.


State V. Christensen: Criminalizing Medical Malpractice, Spencer Pedemonte Apr 2022

State V. Christensen: Criminalizing Medical Malpractice, Spencer Pedemonte

Montana Law Review

No abstract provided.