Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (4)
- Legal Profession (3)
- Criminal Law (2)
- Insurance Law (2)
- Water Law (2)
-
- Criminal Procedure (1)
- Dispute Resolution and Arbitration (1)
- Energy and Utilities Law (1)
- Environmental Law (1)
- Estates and Trusts (1)
- Evidence (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Law and Society (1)
- Legislation (1)
- Litigation (1)
- Natural Resources Law (1)
- Property Law and Real Estate (1)
- Keyword
-
- Lawyer well being (2)
- Climate change (1)
- Commerce clause (1)
- Commerce power (1)
- Common law doctrine of principals and incidents (1)
-
- Constitutional interpretation (1)
- Creditor claims (1)
- Domestic Violence (1)
- E-discovery (1)
- E-discovery readiness (1)
- ESI (1)
- Electronically stored information (1)
- Energy alternatives (1)
- Energy policy (1)
- Entering law students (1)
- Founding fathers (1)
- Indian commerce clause (1)
- Insurance bad faith (1)
- Lawyer assistance program (1)
- Lawyers' values (1)
- Montana attorneys (1)
- Montana lawyers (1)
- Necessary and proper clause (1)
- Nonprobate transfer (1)
- Original intent (1)
- Original meaning (1)
- Suicide (1)
- The practice of law (1)
- U.s. constitution (1)
- Uniform probate code (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandra B. Zellmer, Christine A. Klein
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandra B. Zellmer, Christine A. Klein
Faculty Law Review Articles
In the wake of Hurricane Katrina, the nation pondered how a relatively weak Category 3 storm could have destroyed an entire region. Few appreciated the extent to which a flawed federal water development policy transformed this apparently natural disaster into a "manmade" disaster; fewer still appreciated how the disaster was the predictable, and indeed predicted, sequel to almost a century of similar disasters. This Article focuses upon three such stories: the Great Flood of 1927, the Midwest Flood of 1993, and Hurricanes Katrina and Rita of 2005. Taken together, the stories reveal important lessons, including the inadequacy of engineered flood …
A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra B. Zellmer
A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra B. Zellmer
Faculty Law Review Articles
Last year, hundreds of thousands of residents of the lower Mississippi River basin were forced to flee Hurricane Katrina.2 Having scattered like leaves before the gale-force winds that pounded the Gulf Coast, many are still displaced by the wreckage caused by storm surges and floodwaters.3 Those who have returned continue to experience the adverse effects of a shattered infrastructure as they attempt to rebuild their homes and their lives. The environmental calamity is profound: drinking water sources polluted by destroyed septic systems and leaking storage tanks; contaminated sediments from the bayous to the residents' backyards; decimated marshes and oyster beds-in …
Is Water Property?, Sandra B. Zellmer, Jessica Harder
Is Water Property?, Sandra B. Zellmer, Jessica Harder
Faculty Law Review Articles
One of the most controversial issues in natural resources law is whether interests in water are property. In the western United States, water is typically viewed by appropriators as a form of private property, while in the East it is not. In either case, the law is surprisingly unsettled, notwithstanding the important consequences that follow, particularly under constitutional takings jurisprudence. Treating water as property has significant implications for investment, conservation and environmental protection as well. Establishing secure property rights can foster stewardship and wise investment of labor and capital. By the same token, the absence of property ownership can result …
Preparing Law Students For Meaningful, Healthy Lives As Lawyers, Bari Burke
Preparing Law Students For Meaningful, Healthy Lives As Lawyers, Bari Burke
Faculty Journal Articles & Other Writings
This article addresses the question of how to determine guidelines that set professional values for law students. In the article, the author describes her law school seminar class that focuses on lawyers' values, lives, and work and helps students explore four particular questions: 1) what are the sources of lawyers' meaning and satisfaction, as well as stress; 2) in what ways do law schools and the profession transmit professional values and attitudes and create among law students a commitment to those values; 3) what values and attitudes do law students need to cultivate personally to find meaning and satisfaction in …
If Medical Schools Can Do It, Why Can't We?, Bari Burke
If Medical Schools Can Do It, Why Can't We?, Bari Burke
Faculty Journal Articles & Other Writings
This articles explores the idea of implementing "white coat ceremonies" for entering law students similar to what medical schools conduct for their entering medical students. The article first describes the medical school ceremony and then addresses three primary objections that critics have raised concerning the ceremony.
Lawyers Must Follow Their Inner Compasses, Bari Burke
Lawyers Must Follow Their Inner Compasses, Bari Burke
Faculty Journal Articles & Other Writings
This article reflects on the suicide of a Montana lawyer and offers some assumptions from Larry Krieger, a clinical law teacher and former litigator, on how lawyers can develop workable approaches to living and improving their professional lives.
A Multiple-Strategy Approach To Solving The Energy Puzzle, Irma S. Russell
A Multiple-Strategy Approach To Solving The Energy Puzzle, Irma S. Russell
Faculty Journal Articles & Other Writings
This article describes the complex issues facing the energy needs and policies of the United States. The article notes that the role of the United States on the world stage and the health of the public and the environment depend on successfully solving the energy puzzle to harmonize economic development, sustainable use of the resources, and public safety. The article concludes that part of the difficulty of the debate may arise from an assumption that a single solution to the problem awaits and suggests that instead the only way forward is a policy of diversification and multiple strategies, encouraging conservation …
Editorial Board, Montana Law Review
Editorial Board, Montana Law Review
MLR Editorial Boards
Editor-in Chief Jesse Lundenberg Executive Editor Erica R. Grinde Managing Editor Travis M. Joyner Intake Editors Rennie L. Stitchman Sara F. Tappen Articles Editor Hilary J. Oitzinger Business Editor Jessie L. Luther Notes Editors Jennifer A. Giuttari Robin M. Turner Symposium Editor Ashley A. Griffith Staff Myles Braccio Christopher Decker Lindsay Hecht Julie E. McFarland Kate McGrath Ellis Tyson Radley O’Connell Vincent Pavlish Philip W. Rohlfing Audrey J. Schultz Zachary Strong Dustin Swanson Christopher T. Sweeney Ryan Weldon Faculty Advisor Bari Burke
The Founders' Hermeneutic: The Real Original Understanding Of Original Intent, Robert G. Natelson
The Founders' Hermeneutic: The Real Original Understanding Of Original Intent, Robert G. Natelson
Faculty Law Review Articles
This article re-examines the controversial question of whether the American Founders believed their own subjective understandings should guide future interpretation of the U.S. Constitution, or whether they thought the constitutional construction should be guided only by objective public meaning or some other hermeneutic standard.
Continuing Development Of Insurance Bad Faith In Montana, Greg Munro
Continuing Development Of Insurance Bad Faith In Montana, Greg Munro
Faculty Journal Articles & Other Writings
This article adds to a previous article from the summer 2000 issue of Trial Trends, which recounted the history of insurance bad faith in Montana reviewing its common law and statutory development and attempted to set forth the status of insurance bad faith at the millennium. This article addresses court decisions and the continuing development of the tort of insurance bad faith in the intervening years since then and is designed to provide a broad understanding of the borders of insurance bad faith in Montana to date.
The Frcp Alarm Clock Has Rung: Now What?, Sam Panarella
The Frcp Alarm Clock Has Rung: Now What?, Sam Panarella
Faculty Journal Articles & Other Writings
This article presents steps a company may undertake to begin implementing clear policies and procedures outlining what to do relative to e-discovery practices and responding to electronic discovery requests.
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
Faculty Law Review Articles
This article is a comprehensive analysis of the original meaning of and understanding behind the Constitution's Indian Commerce Clause under which Congress claims plenary and exclusive power over federal affairs with Indian tribes. The author concludes that, as originally understood, congressional power over the tribes was to be neither plenary nor exclusive.
Remembering The Creditor At Death: Aligning Probate And Nonprobate Transfers, Elaine H. Gagliardi
Remembering The Creditor At Death: Aligning Probate And Nonprobate Transfers, Elaine H. Gagliardi
Faculty Law Review Articles
This article focuses solely on creditor clams arising prior to death that remain unpaid as of death. Part II highlights through examples the difficulties the fragmented system causes for creditors. Part III examines key probate procedures governing creditor claims, and Part IV contrasts those procedures with procedures for collecting creditor claims from nonprobate assets. Part IV also explores the ability of creditors to reach specific types of nonprobate assets. Part V then suggests legislative reforms that would better balance both the interests of beneficiaries and the interests of a decedent's creditors.
An Agument For Original Intent: Restoring Rule 801 (D) (1) (A) To Protect Domestic Violence Victims In A Post-Crawford World., Andrew King-Ries
An Agument For Original Intent: Restoring Rule 801 (D) (1) (A) To Protect Domestic Violence Victims In A Post-Crawford World., Andrew King-Ries
Faculty Law Review Articles
Prosecution of domestic violence is extremely difficult, largely due to the fact that defendants are successfully pressuring victims to refuse to testify or to recant their testimony at trial. With its decision in Crawford, the Supreme Court eliminated the ability of prosecutors to use hearsay exceptions to place the domestic violence victim's statements before the jury for their substantive consideration. The Supreme Court also closed this avenue to combat defendants' efforts to avoid liability through coercive pressure on victims. Therefore, the Court's change in the Confrontation Clause law limits the prosecution's arsenal for combating witness intimidation and, at the same …
Judicial Review And The Limits Of Arbitral Authority: Lessons From The Law Of Contract, Paul F. Kirgis
Judicial Review And The Limits Of Arbitral Authority: Lessons From The Law Of Contract, Paul F. Kirgis
Faculty Law Review Articles
The Supreme Court simply stopped talking about the limits of arbitration as a mechanism for the adjudication of legal rights. Once the Court decided that any and all claims could be arbitrated, it funneled everything into the framework of the FAA, with its contractarian approach to arbitration. While it never expressly declared that arbitration of discrimination claims or consumer fraud claims fit within a contractarian model, as a practical matter, those claims were governed by the same rules that governed traditionally contractarian matters such as labor and commercial disputes. Most notably from my perspective, they all received the same extremely …
Tempering The Commerce Power, Robert G. Natelson
Tempering The Commerce Power, Robert G. Natelson
Faculty Law Review Articles
The Supreme Court's modern interpretation of the Necessary and Proper Clause in the realm of interstate commerce is textually problematic, unfaithful to the Constitution's original meaning, and contains positive incentives for Congress to over-regulate. The Necessary and Proper Clause was intended to embody the common law doctrine of principals and incidents, and the Court should employ that doctrine as its interpretive benchmark. The common law doctrine contains less, although some, bias toward over-regulation, and it is flexible enough to adapt to changing social conditions. Adherence to the common law doctrine would markedly improve Commerce Power jurisprudence and reduce incentives for …