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PREVIEW: \u3cem\u3eState of Montana v. Laird\u3c/em\u3e: Prosecutorial Delay, Insufficient Evidence, and Hearsay
Full text linkThis case presents three issues for review: 1) what constitutes actual prejudice for an unconstitutional prosecutorial delay; 2) whether the State may use circumstantial evidence to prove cause of death in a homicide case when that cause is in question; and 3) whether testimony from an unavailable witness is hearsay when it is introduced to describe the steps taken during an autopsy
Sovereign Metaphors in Indian Law
Full text linkThis exploration reveals that tribes were not as anomalous as the Supreme Court of the United States has suggested. Even while the Court proclaimed the Tribes\u27 uniqueness, it readily applied doctrines developed in the context of foreign nations, states and U.S. territories to Native nations, ignoring the differences between the situation of tribes and other sovereigns. This narrative about what tribes lack when compared to other sovereigns has become a constant, and pernicious, trope within the discourse of Indian law
Giggin\u27 in the 21st Century
Full text linkAgainst this backdrop and based upon an analysis of fairness and complexity principles, this comment argues for several tax policy changes that should be implemented immediately in order to address some of the most pressing concerns gig economy workers presently face under current labor classifications. Part II provides a background of the gig economy while explaining the legal rationale behind the present classification of gig economy workers as independent contractors. Part II then illustrates the mechanics of a standard gig economy transaction generally, concluding with a side-by side comparison of a gig economy worker and a similarly-situated employee. Part III begins with a brief introduction of the tax policy principles of fairness and complexity within the context of the gig economy, followed by an introduction of three of the system’s primary inadequacies: the payment of income taxes, difficulties associated with claiming available deductions, and added complexity due to the Tax Cuts and Jobs Act of 2017. Part IV presents and analyzes a series of solutions that, if implemented together, would significantly alleviate some of the most immediate issues caused by the system’s primary inadequacies. Part V concludes with what the future may hold for gig economy workers
Beyond Constitutional Frontiers: Tribal Rights, Resources, and Reform
Full text linkThe current era arguably poses the most complex and challenging environmental dilemmas in human history. With climate change, increasingly scarce resources, and exponentially expanding demand, traditional legal notions of standing, harm, and liability are being stretched and reshaped to accommodate a shifting set of values regarding natural resources and potentially respond to the moment. While these novel and innovative approaches are modestly reshaping the fields of natural resources and environmental law, however, the historical and time-honored claims of Indian tribes are also presenting avenues for rethinking the foundations of those areas of law. Arising both within and outside of the constitutional framework, these claims also pose the potential to usher in a new era of more responsible and sustainable environmental stewardship that innovates beyond the limiting legal regimes operating today. This paper profiles an ongoing matter that highlights this potential, Baley v. United States, currently pending before the United States Court of Appeals for the Federal Circuit. Though not yet resolved, Baley illustrates how tribal claims, based on long-standing legal principles but antithetical to the historical push to commodify and develop natural resources, may present the opportunity to rethink and reshape the how natural resources are managed going forward
PREVIEW—Murray v. BEJ Minerals, LLC: Finding a Home for Fossils
Full text linkThe Montana Supreme Court will hear oral arguments in this matter on Thursday, November 7, 2019 at 9:30 AM in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Building, Helena, Montana. The Honorable Olivia Rieger will hear the case in place of Justice Jim Rice, who recused himself. Eric B. Wolff is expected to argue for the Appellants. Harlan B. Krogh is expected to argue for the Appellees
WildEarth Guardians v. Zinke
Full text linkWildEarth Guardians v. Zinke marks an important decision prompting the Bureau of Land Management to seriously consider greenhouse gas emissions when performing environmental assessments for oil and gas leasing. WildEarth Guardians and Physicians for Social Responsibility, two non-profit organizations, asserted BLM improperly failed to recognize greenhouse gas emissions and their impacts on climate change when issuing oil and gas leases in three western states. The United States District Court for the District of Columbia agreed, finding that by failing to take a hard look at environmental impacts from its leasing decisions, BLM violated the National Environmental Policy Act’s requirements
PREVIEW—Atlantic Richfield Company v. Christian: The Intersection of Superfund and State-Law Restoration Claims
Full text linkThe Supreme Court of the United States will hear oral arguments in this matter on Tuesday, December 3, 2019, at 11:00 a.m. in the Supreme Court Building in Washington, D.C. Lisa S. Blatt will likely appear for the Petitioner. Joseph R. Palmore will likely appear for the Respondents. Solicitor General Noel J. Francisco will likely argue on behalf of the United States
PREVIEW: \u3cem\u3eCity of Kalispell v. Salsgiver\u3c/em\u3e: Can a Default of Appearance Waive the Right to a Jury Trial for a Serious Misdemeanor?
Full text linkCity of Kalispell v. Thomas Salsgiver asks the Court to decide whether the Montana Constitution’s waiver of the right to jury trial by default of appearance, when applied to a “serious” misdemeanor, violates the federal constitutional right to a jury trial
Save Our Sound OBX, Inc. v. North Carolina Department of Transportation
Full text linkThe Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s path, were futile
Kloker v. Fort Peck Tribes
Full text linkKloker v. Fort Peck Tribes investigates and deciphers the application of the Indian canons of construction to the congressional formation and establishment of the Fort Peck reservation in Montana. In general, courts interpret congressional acts creating reservations through the lens of the tribal-federal government trust relationship. Although this case examines different substantive models of legal interpretation and theories of water law, the ultimate dispute is textual in nature—questioning the plain language of the establishment legislation itself