Symposium on the Montana Constitution

MONTANA LAW REVIEW
HON. JAMES R. BROWNING SYMPOSIUM
ON THE MONTANA CONSTITUTION
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Registration: No registration needed. This event is free and open to the public. Practitioners can receive up to 17 free CLE credits
Location: University Center, third floor theater (“University Center Theater” NOT the “University Theater”). For Indian Education and Property Tax breakout sessions: University Center Room 332.
THURSDAY, OCTOBER 7, 2010
MORNING SESSION -Background and Context of the 1972 Constitution
8:30-8:35 Opening Remarks
J. Martin Burke, Professor at University of Montana School of Law
Dean Irma Russell, Dean of University of Montana School of Law
8:40-9:10 The Montana Constitution: Transition to the 21st Century
Speech by Fritz Snyder, Professor and Director of the William J. Jameson Law Library at the University of Montana School of Law
9:15-9:55 Cultural Climate and Context of the1972 Montana Constitutional Convention
Rich Bechtel – Constitutional Convention staff member
Diana Dowling – Constitutional Convention staff member
Chuck Johnson – Journalist with Helena Independent Record
Arlyne Reichert – Constitutional Convention Delegate
Mae Nan Ellingson – Moderator, Constitutional Convention delegate and Missoula attorney
Additional panelists to be announced
10:00-11:00 An Examination of the Various Means of Changing the Montana Constitution: Initiative, Referendum, and Convention
Anthony Johnstone – Solicitor, Office of the Montana Attorney General
James Lopach – Professor of Political Science, University of Montana
G. Alan Tarr – Director, Center for State Constitutional Studies, Rutgers University-Camden
Craig Wilson – Moderator, Professor of Political Science, Montana State University – Billings
MONTANA LAW REVIEW
HON. JAMES R. BROWNING SYMPOSIUM
ON THE MONTANA CONSTITUTION
_____________________________________________________________________________
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11:05-12:05 The Montana Constitution’s Clean and Healthful Environment Provisions
Richard Opper – Director, Department of Environmental Quality
Roger Sullivan – Board member, Montana Environmental Information Center and Kalispell attorney
Jack Tuholske – Missoula attorney and Professor at University of Montana School of Law
Reed Watson – Attorney, Property and Environment Research Center
Michelle Bryan Mudd – Professor, University of Montana School of Law
Dean Irma Russell – Moderator, Dean of University of Montana School of Law
AFTERNOON SESSION– Privacy Rights under the Montana Constitution
1:00-2:30 Dignity and Physicians’ Assistance in Dying
Dick Barrett – Montana State Representative (Dem.)
Beth Brenneman – Attorney, Disability Rights Montana
Elizabeth (Betsy) Griffing – Legal Director, ACLU Montana
Anthony Johnstone – Solicitor, Montana Attorney General’s Office
Thomas H. Roberts, M.D. – St. Patrick’s Hospital
Thomas Huff – Moderator, Professor of Philosophy Emeritus at the University of Montana
Additional panelists to be announced
2:35-3:35 Overview of the Right to Privacy and a Comparison of Montana’s Privacy Provision with Constitutional Provisions from Other States
John Dinan – Professor of Political Science, Wake Forest University
Larry Elison – Professor Emeritus of Constitutional Law, University of Montana School of Law
Dennis Nettiksimmons – Billings attorney and adjunct professor at Montana State University-Billings
Holly Franz – Moderator, Helena attorney
MONTANA LAW REVIEW
HON. JAMES R. BROWNING SYMPOSIUM
ON THE MONTANA CONSTITUTION
_____________________________________________________________________________
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3:40-4:40 Same Sex Rights and the Possible Implications of Kulstad v. Maniaci
Kim Abbott – Director, Equality Project, Montana Human Rights Network
Hon. Edward McLean – State District Court Judge
Susan Ridgeway – Ms. Kulstad’s attorney
Niki Zupanic – Public Policy Director, ACLU Montana
Beth Brennan – Moderator, Professor at University of Montana School of Law
Additional panelists to be announced
4:45-6:00 Technology and Privacy in the Criminal Context
Mike Batista – Administrator of the Department of Justice’s Division of Criminal Investigation
Scott Crichton – Executive Director, ACLU Montana
Brian Gallik – Bozeman attorney
Joslyn Hunt – Chief appellate defender
Mark Mattioli – Montana Attorney General’s Office, Criminal Appeals
Hon. James. C. Nelson – Montana Supreme Court Justice
Andrew King-Ries – Moderator, Professor at University of Montana School of Law
6:00-7:30 Break for Dinner
EVENING SESSION - Keynote and Q & A
7:30-8:15 Keynote Address
Larry Elison – Professor Emeritus of Constitutional Law, University of Montana School of Law
8:15-8:30 Q & A
FRIDAY, OCTOBER 8, 2010
MORNING SESSION
8:30-9:30 Applying the Montana Constitution and a Discussion of Citizens United
Attorney General Steve Bullock
MONTANA LAW REVIEW
HON. JAMES R. BROWNING SYMPOSIUM
ON THE MONTANA CONSTITUTION
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BREAKOUT SESSIONS:
9:35-10:35 Breakout Session I:
Property Tax: Does the Montana Constitution Impose Any Impediments to Change? (UC Room 332)
Dick Barrett – Montana State Representative (Dem.)
Michele Crepeau – Senior Tax Counsel, Montana Department of Revenue
Jeff Essmann – Montana State Senator (Rep.)
Michael Green – Helena attorney
Greg Petesch – Retired Director of Legislative Legal Services
Mae Nan Ellingson – Moderator, Constitutional Convention delegate and Missoula attorney
OR
Interplay between the Right to Know and the Right to Privacy (UC Theater)
Shirley Faust – Clerk of the District Court, Missoula County
Ed Higgins – Managing attorney, Montana Legal Services Association
Judith A. Meadows – Director and State Law Librarian of Montana
Mike Meloy – Helena attorney
Larry Howell – Moderator, Professor at University of Montana School of Law
10:40-11:40 Breakout Session II:
Judicial Reform (UC Theater)
Jean Bowman – Constitutional Convention Delegate
Hon. Charles Lovell – Federal District Court Judge
Hon. Mike McGrath – Chief Justice of the Montana Supreme Court
Andrew Morriss – Professor, University of Alabama
Chris Tweeten – Moderator, Montana Attorney General’s Office
OR
Indian Education (UC Room 332)
Julie Cajune – Executive Director, Center for American Indian Policy and Applied Research
MONTANA LAW REVIEW
HON. JAMES R. BROWNING SYMPOSIUM
ON THE MONTANA CONSTITUTION
_____________________________________________________________________________
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Mike Jetty – Indian Education Specialist, Office of Public Instruction
James Molloy – Helena attorney
David Aronofsky – Moderator, Legal Counsel for University of Montana and Professor at University of Montana School of Law
11:45-12:45 Constitutional Torts: Does Such a Cause of Action Exist?
Karl Englund – Missoula attorney
Terry Trieweiler – Whitefish attorney and former Montana Supreme Court Justice
Jack Tuholske – Moderator, Professor at University of Montana School of Law and Missoula attorney
Additional panelists to be announced
12:45-1:30 Break for Lunch
AFTERNOON SESSION – State Constitutional Design and Interpretation, Reflection of 1972 Delegates, and Mock Ballot
1:30-2:30 State Constitutional Comparison and Design
John Dinan – Professor of Political Science, Wake Forest University
Jeffrey Greene – Professor of Political Science, University of Montana
G. Alan Tarr – Director, Center for State Constitutional Studies, Rutgers University-Camden
James Lopach – Moderator, Professor of Political Science at University of Montana
2:35-3:35 State Constitutional Interpretation
Hon. James C. Nelson – Montana Supreme Court Justice
Hon. James A. Rice – Montana Supreme Court Justice
Elizabeth (Betsy) Griffing – Moderator, Legal Director, ACLU Montana
3:40-4:40 Reflections of the 1972 Constitutional Convention Delegates and Staff
Bob Campbell, Dorothy Eck, Tom Ask, Jean Bowman, Mae Nan Elligson, Arlyne Reichert, Mike McKeon
Additional Delegate participants to be announced
MONTANA LAW REVIEW
HON. JAMES R. BROWNING SYMPOSIUM
ON THE MONTANA CONSTITUTION
_____________________________________________________________________________
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Fritz Snyder – Moderator, Director of William J. Jameson Law Library and Professor at University of Montana School of Law
4:45-5:30 What’s Next and Mock Ballot
Various speakers from the event give their insight and answer questions
RECEPTION HONORING THE
CONSTITUIONAL CONVENTION DELEGATES AND STAFF
5:30 Join us at the UM School of Law to Honor the Delegates and Staff of the 1972 Montana Constitutional Convention
Remarks by the president of the State Bar of Montana