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Articles 1 - 30 of 45
Full-Text Articles in Law
Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos
Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos
Public Land & Resources Law Review
The Ute Indian Tribe of the Uintah & Ouray Reservation brought 16 claims against federal agencies and the State of Utah for alleged mismanagement of water resources held in trust and for alleged discrimination in water allocation. The United States District Court for the District of Columbia dismissed several of the claims as time-barred and others as lacking a proper statutory basis to create an enforceable trust duty. The remaining claims were transferred to the United States District Court of the District of Utah because the events occurred in Utah and most of the parties reside there.
Bahr V. Regan, Aspen B. Ward
Bahr V. Regan, Aspen B. Ward
Public Land & Resources Law Review
In June 2015, the Lake Fire burned through California’s San Bernardino National Forest. Three hundred miles east of the fire, six air quality monitors exceeded NAAQS in Phoenix, Arizona. Arizona’s Department of Environmental Quality petitioned the EPA to exclude those exceedances to avoid stricter regulatory burdens and the need for contingency measures. Applying the Exceptional Events Rule, the EPA permitted the petition to exclude the data therefore allowing Phoenix to successfully demonstrate attainment of the ozone NAAQS by the July 2018 deadline. Petitioners sought review of the EPA’s final decision and were denied their petition for review by the Ninth …
Preview—Lac Courte Orielles Band Of Lake Superior Chippewa V. Evers: Just How Special Is Indian Law?, Zachary M. Krumm
Preview—Lac Courte Orielles Band Of Lake Superior Chippewa V. Evers: Just How Special Is Indian Law?, Zachary M. Krumm
Public Land & Resources Law Review
The Seventh Circuit Court of Appeals will hear oral arguments on Monday, November 8, 2021, at 9:30 a.m. at Everett McKinley Dirksen Courthouse in Chicago, Illinois. This case asks whether states may assess property taxes on Indian-owned reservation fee lands that were allotted under treaty, not the General Allotment Act. The lower court held that reservation allotments which had at any time been owned by non-tribal-members could be subject to state property tax. Allotments always held by members remained exempt. While this issue is somewhat narrow, it raises broad questions about applying the well-established Indian canons of construction.
Held V. State, Alec D. Skuntz
Held V. State, Alec D. Skuntz
Public Land & Resources Law Review
On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by elucidating …
Weaponizing Copyright, Cathay Y. N. Smith
Weaponizing Copyright, Cathay Y. N. Smith
Faculty Law Review Articles
Copyright grants authors exclusive rights in their works in order to encourage creation and dissemination of socially valuable works. It permits copyright owners to assert their copyright against violations of those rights when necessary to protect their market exclusivity and economic interests. Increasingly, however, copyright is being used by individuals to achieve other objectives. This Article examines the increasingly widespread phenomenon of individuals using copyright to vindicate noncopyright interests, which this Article refers to as “weaponizing copyright.” In some cases, copyright is weaponized to silence criticism and legitimate speech. In other instances, the objective is to erase facts and make …
Explicit Instruction In Legal Education: Boon Or Spoon?, Beth A. Brennan
Explicit Instruction In Legal Education: Boon Or Spoon?, Beth A. Brennan
Faculty Law Review Articles
While legal education unquestionably hones students’ critical thinking skills, it also privileges students who are faster readers and have prior background knowledge or larger working memories. According to the prevailing mythology of law school pedagogy, students learn by struggling to find their way out of chaos. Only then is their learning deep enough to permit them to engage in critical thinking and legal reasoning. Learning theory and research suggest this type of “inquiry” learning is not an effective way to introduce novice learners to a subject. Lacking basic substantive and procedural knowledge, students’ struggles are often unproductive and dispiriting. Initial …
Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour
Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour
Public Land & Resources Law Review
The Montana Supreme Court held in 2020 that loopholes in the Montana Environmental Procedure Act ("MEPA") review process violate Montana's constitutional right to a clean and healthful environment. The holding sets a strong precedent requiring statutory protections to prevent harm to the environment before it occurs.
Race To Jurisdiction: Forum Determination In Dv-Related Child Custody Actions When Survivors Flee Across State Lines, Joy Barber
Montana Law Review
No abstract provided.
Anishinaabe Inaakonigewin: Principles For The Intergenerational Preservation Of Mino-Bimaadiziwin, Kekek Jason Stark
Anishinaabe Inaakonigewin: Principles For The Intergenerational Preservation Of Mino-Bimaadiziwin, Kekek Jason Stark
Montana Law Review
No abstract provided.
Pay Attention! Marginalized Communities, The Consumer Financial Protection Bureau, And Regulatory Advocacy, Diane E. Thompson
Pay Attention! Marginalized Communities, The Consumer Financial Protection Bureau, And Regulatory Advocacy, Diane E. Thompson
Montana Law Review
No abstract provided.
Women’S Autonomy In Nondisclosure Agreements For Sexual Misconduct Cases, Rachel L. Wagner
Women’S Autonomy In Nondisclosure Agreements For Sexual Misconduct Cases, Rachel L. Wagner
Montana Law Review
No abstract provided.
Krakauer Ii: Student Privacy Over Record Disclosure, Emily Bruner
Krakauer Ii: Student Privacy Over Record Disclosure, Emily Bruner
Montana Law Review
No abstract provided.
Driscoll V. Stapleton: Analyzing Election Regulations In Montana, Mckenna Ford
Driscoll V. Stapleton: Analyzing Election Regulations In Montana, Mckenna Ford
Montana Law Review
No abstract provided.
The Montana Supreme Court – The Statistics, Noah P. Hill, Shelby Towe
The Montana Supreme Court – The Statistics, Noah P. Hill, Shelby Towe
Montana Law Review
No abstract provided.
State V. Yang: Excessive Fine Or Unconstitutional Tax?, Justin T. Redeen
State V. Yang: Excessive Fine Or Unconstitutional Tax?, Justin T. Redeen
Montana Law Review
No abstract provided.
Significant Montana Cases, Lauren Amongero, Anne M. Lewis, Forrest Graves
Significant Montana Cases, Lauren Amongero, Anne M. Lewis, Forrest Graves
Montana Law Review
No abstract provided.
Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert
Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert
Public Land & Resources Law Review
The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …
Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch
Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch
Public Land & Resources Law Review
No abstract provided.
Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler
Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler
Public Land & Resources Law Review
No abstract provided.
Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo
Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo
Public Land & Resources Law Review
No abstract provided.
Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie
Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie
Public Land & Resources Law Review
No abstract provided.
The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz
The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz
Public Land & Resources Law Review
No abstract provided.
Meic V. Deq, Kirsten D. Gerbatsch
Meic V. Deq, Kirsten D. Gerbatsch
Public Land & Resources Law Review
Hecla Mining Company and its subsidiaries want to develop two industrial silver and copper mines––the Montanore and Rock Creek projects––beneath northwest Montana’s Cabinet Mountains Wilderness. Environmental organizations, in just one of a series of legal challenges to protect high-quality designated resource waters and unique bull trout and grizzly bear habitat, brought an action seeking a declaration that Montana Department of Environmental Quality’s issuance of a permit for the Montanore Project was unlawful. The Montana Supreme Court, in a four-member majority, affirmed the district court’s vacatur and remanded the case to the state agency for further proceedings. The decision is celebrated …
Political Fair Use, Cathay Y. N. Smith
Political Fair Use, Cathay Y. N. Smith
Faculty Law Review Articles
During election season, politicians and political campaigns often use pop culture or iconic works, such as viral memes or popular songs, to help convey their political messages—often without authorization from the copyright owners of these works. As politics and politicians become ever more divisive, these unauthorized political uses of copyrighted works can be particularly objectionable to copyright owners. In addition to offending their political or moral inclinations, artists and copyright owners frequently claim that these political uses infringe their copyrights. Politicians and campaigns argue that their right to use copyrighted works for political purposes is protected by the First Amendment …
Consumer Contracts In Action, Meirav Furth-Matzkin
Consumer Contracts In Action, Meirav Furth-Matzkin
Montana Law Review
No abstract provided.
State Constitutional Rights Be Damned: Reconsidering The Indifference To State Constitutional Violations In Federal Criminal Proceedings, Riley M. Wavra
State Constitutional Rights Be Damned: Reconsidering The Indifference To State Constitutional Violations In Federal Criminal Proceedings, Riley M. Wavra
Montana Law Review
No abstract provided.
Cooperative Federalism In Consumer Finance: Remarks At The James R. Browning Symposium On Consumer Law In The 21st Century At The Alexander Blewett Iii School Of Law At The University Of Montana, September 25, 2020, Richard Cordray
Montana Law Review
No abstract provided.
Is The Cfpb Still On The Beat? The Cfpb's (Non)Response To The Covid-19 Pandemic, Craig Cowie
Is The Cfpb Still On The Beat? The Cfpb's (Non)Response To The Covid-19 Pandemic, Craig Cowie
Montana Law Review
No abstract provided.
Morrow V. Bank Of America, Further Developments In Consumer Law In Montana, And Their Impact On Consumers In The Age Of Covid-19, David K. W. Wilson Jr., Seamus B. Mcculloch
Morrow V. Bank Of America, Further Developments In Consumer Law In Montana, And Their Impact On Consumers In The Age Of Covid-19, David K. W. Wilson Jr., Seamus B. Mcculloch
Montana Law Review
No abstract provided.
Unmasking The Consumer Privacy Ombudsman, Laura N. Coordes
Unmasking The Consumer Privacy Ombudsman, Laura N. Coordes
Montana Law Review
No abstract provided.