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Articles 1 - 30 of 1458
Full-Text Articles in Law
Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines
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
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
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
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
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 Montana is not alone in this phenomenon as unpublished opinions constitute the majority of opinions in many other juris- dictions around the country. Consequentially, this outdated practice is impacting the law in Montana and throughout the country.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
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 …
Significant Montana Cases, Paul Dougherty, Amy Rathke, Gordon Wallace
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 …
Treasure State: Gambling Law, Lobbying, And The Case For The Expansion Of Legal Gambling In Montana, Trevor Funseth
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, …
The Severe Or Pervasive Standard In The Modern Age, Levi Kimmel
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 …
Apparent From The Context: The Contemporaneous Objection Rule And Montana Rule Of Evidence 103(A)(1), Lauren R. Fox
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 Montana Supreme Court – The Statistics, Monte Cole, Adam Taub
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. …
What's Past Is Prologue, Marc Racicot
A Unique Check On Government Power: Reconceptualizing The Right To Know As A Democracy-Promoting Provision, Constance Van Kley
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.
Significant Montana Cases, Moriah Williams, Zachary Stauffer
Significant Montana Cases, Moriah Williams, Zachary Stauffer
Montana Law Review
No abstract provided.
Montana's Basic Necessities Clause And The Right To Earn A Living, Anthony B. Sanders
Montana's Basic Necessities Clause And The Right To Earn A Living, Anthony B. Sanders
Montana Law Review
No abstract provided.
Toward The End Of The Last Wave: The Montana State Constitution At Fifty, Robert F. Williams
Toward The End Of The Last Wave: The Montana State Constitution At Fifty, Robert F. Williams
Montana Law Review
No abstract provided.
Browning Symposium Opening Comments, Chief Judge Jeffrey S. Sutton
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
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
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
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
Reconsidering Brown V. Gianforte And The Elimination Of The Montana Judicial Nominating Commission, J T Stepleton
Montana Law Review
No abstract provided.
Why The Ninth Circuit Works: A Tribute To Judge Sidney R. Thomas, The Honorable Morgan B. Christen
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
Montana Law Review
No abstract provided.
A Tribute To The Honorable Charles C. Lovell, The Honorable Beth Baker
A Tribute To The Honorable Charles C. Lovell, The Honorable Beth Baker
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
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
The Montana Supreme Court – The Statistics, Blake Koemans, Denise Lafontaine
Montana Law Review
No abstract provided.
Significant Montana Cases, Victoria Hill, Eric Monroe, Marti A. Liechty
Significant Montana Cases, Victoria Hill, Eric Monroe, Marti A. Liechty
Montana Law Review
No abstract provided.
Diffusion Of Soft Immigration Law: Evidence From Asylum Adjudication In The Wake Of Matter Of A-B-, Patrick Kennedy
Diffusion Of Soft Immigration Law: Evidence From Asylum Adjudication In The Wake Of Matter Of A-B-, Patrick Kennedy
Montana Law Review
No abstract provided.
Bezhigwan Ji-Izhi-Ganawaabandiyang: The Rights Of Nature And Its Jurisdictional Application For Anishinaabe Territories, Kekek Jason Stark
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
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.