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Full-Text Articles in Law
A Response To The Sounds Of Silence, Andrew King-Ries
A Response To The Sounds Of Silence, Andrew King-Ries
Faculty Law Review Articles
In his article, The Sound of Silence: Holding Batterers Accountable for Silencing Their Victims, Tom Lininger attempts to "facilitate the effective prosecution of domestic violence cases, particularly domestic homicide, while complying with the new requirements announced [for forfeiture by wrongdoing] by the Supreme Court in Giles [v. California]."' In doing so, Lininger tackles a wide array of topics, including analyzing the "theoretical underpinnings" of forfeiture by wrongdoing; explicating the Giles decision, criticizing Justice Scalia's originalist approach for its "selective historical research . . . conflation of evidentiary and constitutional forfeiture theories, and . . . vacillation between objective and subjective …
Montana's Unique Writ Of Supervisory Control, Larry Howell
Montana's Unique Writ Of Supervisory Control, Larry Howell
Faculty Journal Articles & Other Writings
This article explores the history of the Montana Supreme Court's unique writ of supervisory control, which dates back to the infamous War of the Copper Kings in Butte, Montana. The article also examines the steps the Court has taken to clarify the law of supervisory control in Rule 14(3) of the new Montana Rules of Appellate Procedure, which went into effect in October 2007, and expressly states for the first time the circumstances under which the writ will issue.