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Submissions from 2017

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A Reflection on Tax Collecting: Opening a Can of Worms to Clean Up a Collection Due Process Jurisdictional Mess, Pippa Browde

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A Bird in the Hand: Shotguns, Deadly Oil Pits, Cute Kittens, and the Migratory Bird Treaty Act, Samuel J. Panarella

Submissions from 2016

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Client as Subject: Humanizing the Legal Curriculum, Eduardo R.C. Capulong

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Introduction, Cynthia Ford

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Let the Jury Fit the Crime: Increasing Native American Jury Pool Representation in Federal Judicial Districts with Indian Country Criminal Jurisdiction, Jordan Gross

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The Federalist Safeguards of Politics, Anthony Johnstone

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Introduction, Paul F. Kirgis

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A Sacred Responsibility: Governing the Use of Water and Related Resources in the International Columbia Basin Through the Prism of Tribes and First Nations, Matthew J. McKinney, Richard Kyle Paisley, and Molly Smith Stenovec

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What Should Tribes Expect from Federal Regulations? The Bureau of Land Management’s Fracking Rule and the Problems with Treating Indian and Federal Lands Identically, Monte Mills

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Community Rights to Public Art, Cathay Y. N. Smith

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Oral Tradition and the Kennewick Man, Cathay Y. N. Smith

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Spreading Justice to Rural Montana: Expanding Local Legal Services in Underserved Rural Communities, Hillary A. Wandler

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Lessons from the Wolf Wars: Recovery v. Delisting Under the Endangered Species Act, Martha C. Williams

Submissions from 2015

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Many Unhappy Returns: The Need for Increased Tax Penalties for Identity Theft-Based Refund Fraud, Pippa Browde

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At the End of the Day: Are the West's General Stream Adjudications Relevant to Modern Water Rights Administraton?, Michelle Bryan

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Cause for Rebellion? Examining How Federal Land Management Agencies & Local Governments Collaborate on Land Use Planning, Michelle Bryan

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Learning Both Directions: How Better Federal-Local Land Use Collaboration Can Quiet the Call for Federal Lands Transfers, Michelle Bryan

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A Solution in Search of a Problem: The Difficulty with State Constitutional "Right to Hunt" Amendments, Stacey Gordon

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The Upside Down Mississippi Problem: Addressing Procedural Disparity Between Federal And State Criminal Defendants In Concurrent Jurisdiction Prosecutions, Jordan Gross

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A Past and Future of Judicial Elections: The Case of Montana, Anthony Johnstone

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The Future of Federalism, from the Bottom Up, Anthony Johnstone

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Arbitrary and Godlike Determinations: Insanity, Neuroscience, and Social Control in Montana, Andrew King-Ries

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"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Paul F. Kirgis, Jeff Sovern, Elayne E. Greenberg, and Yuxaing liu

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Restating Environmental Law, Irma S. Russell, Tracey Hester, Robert Percival, Victor Flatt, and Joel Mintz

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Spreading Justice to Rural Montana: Rurality's Impacts on Supply and Demand for Legal Services in Montana, Hillary A. Wandler

Submissions from 2014

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The Challenges of the New Defalcation Standard, Jonathon S. Byington

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Outside Influence, Anthony Johnstone

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The Hercules of Helena: Justice James C. Nelson and the Jurisprudence of Principle, Anthony Johnstone

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The Hercules of Helena: Justice James C. Nelson and the Jurisprudence of Principle, Anthony Johnstone

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Bargaining with Consequences: Leverage and Coercion in Negotiation, Paul F. Kirgis

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Status and Contract in an Emerging Democracy: The Evolution of Dispute Resolution in Ghana, Paul F. Kirgis

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For the Birds: Wind Energy, Dead Eagles, and Unwelcome Surprises, Sam Panarella

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Food Art: Protecting "Food Presentation" under U.S. Intellectual Property Law, Cathay Y. N. Smith

Submissions from 2013

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A Next, Big Step for the West: Using Model Legislation to Create A Water-Climate Element in Local Comprehensive Plans, Michelle Bryan Mudd

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Hitching Our Wagon to a Dim Star: Why Outmoded Water Codes and "Public Interest" Review Cannot Protect the Public Trust in Western Water Law, Michelle Bryan Mudd

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Foreword to When a Woman Campaigns: Emily Sloan's Races to Become Montana's First Female County Attorney, Bari R. Burke

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Foreword to When a Woman Campaigns: Emily Sloan's Races to Become Montana's First Female County Attorney, Bari R. Burke

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Family Mediation after Hendershott: The Case for Uniform Domestic Violence Screening and Opt-In Provision in Montana, Eduardo R.C. Capulong

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The Fate of Native American Diversity in America's Law Schools, Raymond Cross

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Those Were the Days: A Note of Thanks in Honor of J. Martin Burke, Elaine Gagliardi

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An Ounce of Pretrial Prevention Is Worth More Than a Pound of Post-Conviction Cure: Untethering Federal Pretrial Criminal Procedure from Due Process Standards of Review, Jordan Gross

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If Skilling Can't Get A Change Of Venue, Who Can? Salvaging Common Law Implied Bias Principles from the Wreckage of the Constitutional Pretrial Publicity Standard, Jordan Gross

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Foreword: The State of the Republican Form of Government in Montana, Anthony Johnstone

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Foreword: The State of the Republican Form of Government in Montana, Anthony Johnstone

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Recalibrating Campaign Finance Law, Anthony Johnstone

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Response: Commandeering Information (and Informing the Commandeered), Anthony Johnstone

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The System of Campaign Finance Disclosure, Anthony Johnstone

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Joe Mazurek: July 27, 1948--August 29, 2012: In Memoriam, Greg Munro and Mike McGrath

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Street Art: An Analysis under U.S. Intellectual Property Law and Intellectual Property's Negative Space Theory, Cathay Y. N. Smith

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The Role of Culture in Advocating for Accurate Diagnosis and Rating of Veterans' Psychological Disabilities, Hillary A. Wandler

Submissions from 2012

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Montana v. Wyoming: An Opportunity to Right the Course for Coalbed Methane Development and Prior Appropriation, Michelle Bryan Mudd

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Mediation and the Neocolonial Legal Order: Access to Justice and Self-Determination in the Philippines, Eduardo R.C. Capulong

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Montana Administrative Law Practice: 41 Years After the Enactment of the Montana Administrative Procedure Act, William L. Corbett

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Montana Administrative Law Practice: 41 Years after the Enactment of the Montana Administrative Procedure Act, William L. Corbett

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Deconstructing CRAC: Teaching Proposed Findings of Fact and Conclusions of Law in a Legal-Writing Program, Larry Howell

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Once Upon a Time in the West: Citizens United, Caperton, and the War of the Copper Kings, Larry Howell

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Once Upon a Time in the West: Citizens United, Caperton, and the War of the Copper Kings, Larry Howell

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A Madisonian Case for Disclosure, Anthony Johnstone

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The Roberts Court VS. the Regulators: Surveying Arbitration's Next Battleground, Paul F. Kirgis

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The Public Trust Doctrine and the Montana Constitution As Legal Bases for Climate Change Litigation in Montana, Gregory S. Munro

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The Public Trust Doctrine and the Montana Constitution as Legal Bases for Climate Change Litigation in Montana, Gregory S. Munro

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The Origins of Montana's Corrupt Practices Act: A More Complete History, Jeff Wiltse

Submissions from 2011

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A "Constant and Difficult Task": Making Local Land Use Decisions in States with a Constitutional Right to a Healthful Environment, Michelle Bryan Mudd

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Serving a Summons by First Class Mail: Why Bankruptcy Rule 7004(b)(1) Violates Due Process, Jonathon S. Byington

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Development's Victim or Its Beneficiary?: The Impact of Oil and Gas Development on the Fort Berthold Indian Reservation, Raymond Cross

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Teens, Technology, and Cyberstalking: The Domestic Violence Wave of the Future?, Andrew King-Ries

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Proposing Constitutional Amendments by Convention: Rules for Governing the Process, Robert G. Natelson

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The State-Application-and-Convention Method of Amending the Constitution: The Founding Era Vision, Robert G. Natelson

Submissions from 2010

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Tribute to Dean Robert E. Sullivan, J. Martin Burke

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Keeping the American Indian Rancher on the Land: A Socio-Legal Analysis of the Rise and the Demise of American Indian Ranching on the Northern Great Plains, Raymond Cross

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The Constitutional Initiative in Montana, Anthony Johnstone

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Stop the Beach Renourishment Stops Private Beachowners' Right to Exclude the Public, Kristen G. Juras, Sydney F. Ansbacher, and Robert K. Lincoln

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A Fall from Grace: United States v. W.R. Grace and the Need for Criminal Discovery Reform, Andrew King-Ries and Beth Brennan

Submissions from 2009

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Client Activism in Progressive Lawyering Theory, Eduardo R.C. Capulong

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Lost Legislative Intent: What Will Montanans Do When the Meaning Isn't Plain?, Stacey L. Gordon and Helia Jazayeri

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Captive Regulators, Captive Shippers: The Legacy of McCarty Farms, Anthony Johnstone

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A Response to The Sounds of Silence, Andrew King-Ries

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Just What the Doctor Ordered: The Need for Cross-Cultural Education in Law School, Andrew King-Ries

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Arbitration, Bankruptcy and Public Policy: A Contractarian Analysis, Paul F. Kirgis

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Streamlining NEPA to Combat Global Climate Change: Heresy or Necessity?, Irma S. Russell

Submissions from 2008

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Was the Big Sky Really Falling? Examining Montana's Response to Kelo v. City of New London, Michelle Bryan Mudd

Submissions from 2007

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Remembering the Creditor at Death: Aligning Probate and Nonprobate Transfers, Elaine H. Gagliardi

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A Better Tradition: Why Law Reviews Should Adopt a New Citation Format, Stacey L. Gordon

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An Agument for Original Intent: Restoring Rule 801 (d) (1) (A) to Protect Domestic Violence Victims in a Post-Crawford World., Andrew King-Ries

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Judicial Review and the Limits of Arbitral Authority: Lessons from the Law of Contract, Paul F. Kirgis

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Tempering the Commerce Power, Robert G. Natelson

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The Founders' Hermeneutic: The Real Original Understanding of Original Intent, Robert G. Natelson

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The Original Understanding of the Indian Commerce Clause, Robert G. Natelson

Submissions from 2006

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Which Side Are You On? Unionization in Social Service Nonprofits, Eduardo R.C. Capulong

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Forfeiture by Wrongdoing: A Panacea for Victimless Domestic Violence Prosecutions, Andrew King-Ries

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State v. Mizenko: The Montana Supreme Court Wades into the Post-Crawford Waters, Andrew King-Ries

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The Contractarian Model of Arbitration and Its Implications for Judicial Review of Arbitral Awards, Paul F. Kirgis

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Judicial Review of Special Interest Spending: The General Welfare Clause and the Fiduciary Law of the Founders, Robert G. Natelson

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The Legal Meaning of Commerce in the Commerce Clause, Robert G. Natelson

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Got Wheels? Article 2A, Standardized Rental Car Terms, Rational Inaction, and Unilateral Private Ordering, Irma S. Russell

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The Logic of Legal Remedies and the Relative Weight of Norms: Assessing the Public Interest in the Tort Reform Debate, Irma S. Russell

Submissions from 2005

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Crawford v. Washington: The End of Victimless Prosecution?, Andrew King-Ries

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The Right to a Jury Decision on Sentencing Facts after Booker: What the Seventh Amendment Can Teach the Sixth, Paul F. Kirgis

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Federal Land Retention and the Constitution's Property Clause: The Original Understanding, Robert G. Natelson

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The Original Meaning of the Establishment Clause, Robert G. Natelson

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Introduction -- 21st Century Law, Technology, and Ethics: The Lawyer's Role as a Public Citizen, Irma S. Russell

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Beauty and the Beast-Hybrid Prosecution Externships in a Non-Urban Setting, Margaret A. (Peggy) Tonon

Submissions from 2004

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True to Character: Honoring the Intellectual Foundations of the Character Evidence Rule in Domestic Violence Prosecutions, Andrew King-Ries

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A Legisprudential Analysis of Evidence Codification: Why Most Evidence Rules Should Not Be Codified—But Privilege Law Should Be, Paul F. Kirgis

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The Agency Law Origins of the Necessary and Proper Clause, Robert G. Natelson

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The Constitution and the Public Trust, Robert G. Natelson

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The Lawyer as Public Citizen: Meeting the Pro Bono Challenge, Irma S. Russell

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Fundamental Human Rights Compared in Two Progressive Constitutions: Japan and Montana, Fritz Snyder

Submissions from 2003

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The Right to a Jury Decision on Questions of Fact Under the Seventh Amendment, Paul F. Kirgis

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The Constitutional Contributions of John Dickinson, Robert G. Natelson

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The Enumerated Powers of States, Robert G. Natelson

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The General Welfare Clause and the Public Trust: An Essay in Original Understanding, Robert G. Natelson

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Keeping the Wheels on the Wagon: Observations on Issues of Legal Ethics for Lawyers Representing Business Organizations, Irma S. Russell

Submissions from 2002

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The Problem of the Expert Juror., Paul F. Kirgis

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"No Armed Bodies of Men" -- Montanans' Forgotten Constitutional Right (With Some Passing Notes on Recent Environmental Rights Cases), Robert G. Natelson

Submissions from 2001

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Apportioning Tort Damages in New York: A Method to the Madness, Paul F. Kirgis

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Meaning, Intention, and the Hearsay Rule., Paul F. Kirgis

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The Government as Fiduciary: A Practical Demonstration from the Reign of Trajan, Robert G. Natelson

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Reinventing the Deal: A Sequential Approach to Analyzing Claims for Enforcement of Modified Sales Contracts, Irma S. Russell

Submissions from 2000

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Baldridge v. Board of Trustees: A Case for Reform of Montana's Tenured Teacher Dismissal Process, Michelle Bryan

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Baldridge v. Board of Trustees: A Case for Reform of Montana's Tenured Teacher Dismissal Process, Michelle Bryan Mudd

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Tribes as Rich Nations, Raymond Cross

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Curtailing the Judicial Certification of Expert Witnesses, Paul F. Kirgis

Submissions from 1999

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American Indian Education: The Terror of History and the Nation's Debt to the Indian Peoples, Raymond Cross

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What Spending Clause? (Or the President's Paramour): An Examination of the Views of Hamilton, Madison, and Story on Article I, Section 8, Clause 1 of the United States Constitution, Jeffrey T. Renz

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The West Digest System: The Ninth Circuit and the Montana Supreme Court, Fritz Snyder

Submissions from 1998

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Sovereign Bargains, Indian Takings, and the Preservation of Indian Country in the Twenty-First Century, Raymond Cross

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Judge William B. Jones and Judge Edward A. Tamm Judicial Lecture Series, E. Edwin Eck

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Peremptory Pragmatism: Religion and the Administration of the Batson Rule, A. C. Johnstone

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Not in My Backyard: The Clash between Native Hawaiian Gathering Rights and Western Concepts of Property in Hawaii, Samuel J. Panarella

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Unreasonable Risk: Model Rule 1.6, Environmental Hazards, and Positive Law, Irma S. Russell

Submissions from 1997

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Getting Physical: Excluding Injury Awards under the New Section 104(a)(2), J. Martin Burke and Michael K. Friel

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Section 1500 and the Jurisdictional Pitfalls of Federal Government Litigation, Paul F. Kirgis

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Condominiums, Reform, and the Unit Ownership Act, Robert G. Natelson

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Cries and Whispers: Environmental Hazards, Model Rule 1.6, and the Attorney's Conflicting Duties to Clients and Others, Irma S. Russell

Submissions from 1996

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Citation Practices of the Montana Supreme Court, Fritz Snyder

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Legislative History and Statutory Interpretation: The Supreme Court and the Tenth Circuit, Fritz Snyder

Submissions from 1995

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An Authentic Life in the Law: A Tribute to James K. Logan, Irma S. Russell

Submissions from 1993

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The Constitutionality of State Allocation of Punitive Damage Awards, Paul F. Kirgis

Submissions from 1992

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Afterword: Pulling for the Shore of Independence, Bari R. Burke

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Environmental Crimes: The Boom in "Busting" Corporations and Their Responsible Officers, Larry Howell

Submissions from 1991

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In Memoriam -- The Honorable William J. Jameson, J. Martin Burke

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Peyote, Multiculturalism, and the Caricature of the West, Robert G. Natelson

Submissions from 1990

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Consent, Coercion, and "Reasonableness" in Private Law: The Special Case of the Property Owners, Robert G. Natelson

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Running with the Land in Montana, Robert G. Natelson

Submissions from 1989

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Within the Best Interests of the Child: The Factor of Parental Status in Custody Disputes Arising from Surrogacy, Irma S. Russell

Submissions from 1987

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Comments on the Historiography of Condominium: The Myth of Roman Origin, Robert G. Natelson

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Mending the Social Compact: Expectancy Damages for Common Property Defects in Condominiums and Other Planned Communities, Robert G. Natelson

Submissions from 1986

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Keeping Faith: Fiduciary Obligations in Property Owners Associations, Robert G. Natelson

Submissions from 1985

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Allocating Partnership Liabilities, J. Martin Burke and Michael K. Friel

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To Hold or Not to Hold: Magneson, Bolker, and Continuity of Investment under I.R.C. Section 1031, J. Martin Burke and Michael K. Friel

Submissions from 1984

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Drafting Considerations in Appointing the Surviving Spouse as Trustee of the Nonmarital Trust, E. Edwin Eck

Submissions from 1983

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Colorado "Buyer Brokerage": Does It Still Exist after Velten v. Robertson?, Robert G. Natelson

Submissions from 1982

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Beyond Shooting Snaildarters in Porkbarrels: Endangered Species and Land Use in America, Irma S. Russell and George Cameron Coggins

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The Political and Administrative History of the U.S. Court of Appeals for the Tenth Circuit, Irma S. Russell and Arthur J. Stanley Jr.

Submissions from 1978

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Prisoner's Rights -- Failure to Provide Adequate Law Libraries Denies Inmates' Right of Access to the Courts, Irma S. Russell

Submissions from 1970

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Drugs and Alcohol -- Their Effect on Criminal Intent and Responsibility, William L. Corbett

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The Right of Wyoming State and Municipal Employees to Organize, Receive Exclusive Recognition, and Bargain Collectively, William L. Corbett

Submissions from 1969

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Idaho -- The Constitutionality of a Mandatory Permit System and Denial of a Water Use in the Public Interest, William L. Corbett