Oct 8, 2011 | Case Comments, Number 3, Print Edition, Volume 44
The United States Constitution and the Montana Constitution protect a natural parent’s fundamental right to parent his or her children. Courts have, however, differed in defining the extent of that right and the protection it affords the natural parent in relation to...
Oct 8, 2011 | Case Comments, Number 3, Print Edition, Volume 44
To properly exercise specific jurisdiction over a nonresident defendant, due process requires that the defendant have certain minimum contacts with the forum, such that it would be fair to hale him into court there to defend against a claim related to those contacts....
Jun 6, 2011 | Number 2, Print Edition, Volume 44
When analyzing a claim under 42 U.S.C. § 1983 that a law enforcement officer used excessive force during the course of a seizure, courts typically use the objective reasonableness standard of the Fourth Amendment. In Bryan v. MacPherson, the Court of Appeals for the...
Jun 6, 2011 | Number 2, Print Edition, Volume 44
Originality stands as both a constitutional and statutory prerequisite for copyright protection. Nevertheless, the absence of a clear definition of copyright originality in the Copyright Act and in judicial application has lead to uncertainty regarding the meaning of...
Mar 9, 2011 | Case Comments, Number 1, Print Edition, Volume 44
Article VI of the Constitution establishes the supremacy of federal law over the states, while the Eleventh Amendment grants the states immunity from suit without their consent. The incompatibility of these provisions becomes apparent, however, when a defendant state...
