John L. Horwich, Associate Dean
Program Description
Law is the study of:
- the official rules and regulations under which people live in organized American society;
- the methods by which such rules are devised and applied;
- the role lawyers, judges and public officials play in the application of such rules; and
- the specialized techniques, practices and procedures involved in the practice of law.
The School of Law's program of instruction is designed to prepare students for the practice of law in any state. The School's curriculum, teaching methodologies and assessment techniques are designed to provide law students knowledge of the law, analytical abilities, practical skills, a professional perspective on the societal role and responsibilities of lawyers, and sensitivity to the dynamics of social and interpersonal interactions.
The School uses a variety of pedagogical methods to achieve its educational goals. To cultivate students' analytical abilities, faculty use the traditional case method (the careful and rigorous study of appellate opinions). Individual and collaborative legal problem solving assignments complement the case method. The innovative "law firm" program, in which the 75 students in the first-year class are assigned to groups of six or seven students requires students to work collaboratively to devise collective products or solutions to problem solving exercises which integrate material from first-year courses. The School's trial and appellate advocacy programs ensure that students develop oral communication skills.
Issues of professional ethics and responsibility are addressed in formal course work. The historical and intellectual foundations of the law are examined in the first year in order to provide students with a perspective on the role which law and lawyers play in society.
The Law School is accredited by the American Bar Association and the Association of American Law Schools. For detailed information concerning facilities, official descriptions of courses and administrative regulations, consult the Law School Bulletin.
ACADEMIC YEAR CALENDAR
Autumn Semester 1996
August 20 (Tuesday) Registration
August 21 (Wednesday) Classes begin
September 2 (Monday) Labor Day (Holiday)
November 5 (Tuesday) Election Day
November 11 (Monday) Veterans Day (Holiday)
November 27, 28, 29 (Wednesday-Friday) Thanksgiving Holiday
December 4 (Wednesday) Last day of classes
December 5-9 (Thursday-Monday) Reading period prior to exams
December 10-20 (Tuesday-Friday) Final exams
Spring Semester 1997
January 21 (Tuesday) Registration and payment of fees
January 22 (Wednesday) Classes begin
February 17 (Monday) President's Day (Holiday)
May 8 (Thursday) Last day of classes
May 9-12 (Friday-Monday) Reading period prior to exams
May 13-23 (Tuesday-Friday) Final exams
May 17 (Saturday) Commencement
Admission
A. Criteria for Admission
The law faculty review all applications for admission to the School of Law. Candidates must be of good moral character, of intellectual promise, and must have received a baccalaureate degree from an approved college or university prior to matriculation. Each entering class is limited to 75 students.
According to the law faculty policy, the primary admissions criteria are the cumulative undergraduate grade point average and the score on the Law School Admission Test (LSAT), from which is derived a prediction index based on the experience of first-year students at the School of Law. The Admissions Committee also weighs such factors as writing ability, college or university attended, trend in college grades, quality of work in difficult courses, ability to overcome economic or other disadvantage, change in performance after an absence from college, and experience prior to application to law school, including graduate study.
The School of Law subscribes to Standard 212 of the American Bar Association Standards for Approval of Law Schools, thereby recognizing a commitment to providing full opportunities for the study of law and entry into the legal profession of qualified members of groups (notably racial and ethnic minorities) who have been victims of discrimination. This commitment is implemented by special recruitment efforts and by a concern for determining the potential of such applicants through the admission process.
No particular course of study is prescribed for admission to the School of Law. Applicants are encouraged to pursue studies that develop the capacity to think analytically and reason logically. Courses stressing the ability to write lucidly are strongly encouraged. If the academic performance or writing samples of a law student disclose a deficiency in writing skills, the law faculty may require further work in English composition. Performance standards and conditions for remedial work are established by the law faculty.
For the past several years, there have been eight applicants for every position in the 75-member first-year class. The Admissions Committee reviews all applications in light of the stated criteria, and endeavors to select those applicants with the strongest qualifications.
As a state assisted institution, the School of Law limits the nonresident enrollment to one-third of an entering class. Once admitted as a nonresident, students must pay nonresident fees for the duration of their legal studies.
B. Application Procedure
The application materials which must be submitted by the applicant include:
1. Application for admission.
The application for admission may be obtained by contacting The University of Montana School of Law in the autumn. These forms must be completed, signed and postmarked by March 15 to the School of Law.
2. Three reference letters.
Applicants are required to provide one general and two academic reference letters. Forms and directions for these letters are included with School of Law application materials. Letters of recommendation are used to determine the academic potential and moral character and fitness of applicants as prospective members of the legal profession. Falsified letters of recommendation or any other falsified information submitted for consideration will cause an application to be denied.
3. Two personal statements.
Applicants are required to submit two personal statements as part of the application packet. These statements describe applicants' interests in the study and practice of law and why they wish to attend the School of Law.
4. LSAT/LSDAS Law School Application Matching Form.
The LSAT (Law School Admission Test) is required of all applicants. The School of Law will not consider an LSAT score dated more than five years before the application deadline. If the LSAT is taken more than once, the scores on the last three tests taken by the applicant within the past five years are averaged. The LSAT is administered in June, October, December and February. Applicants are urged to take the June, October or December tests; no test score achieved later than one from the February exam can be considered for admissions decisions resulting in September enrollment. LSAT application forms and information may be obtained from most colleges and universities as well as the School of Law and the Law School Admission Services, Box 2000, Newtown, PA 18940.
Each applicant must register with the Law School Data Assembly Service, LSDAS. Each applicant should request the authorities of the colleges or universities attended to send an official transcript of all courses taken and grades received to the Law School Data Assembly Service. If the applicant is in college when application is made, the transcript should cover all work completed to date. The applicant should continue to submit records of academic courses subsequently completed to the School of Law to insure all current academic work is considered. The applicant must ensure transcripts listed under a name different from that on the Law School application reach the proper application file. After acceptance, an official transcript showing the final degree awarded must be furnished to the School of Law.
5. Application fee of $60.
The application fee of $60 must accompany the application (make checks or money orders payable to The University of Montana). This fee is nonrefundable and is not credited toward any charges when an admitted applicant registers as a student.
The application deadline is March 15 (postmark). The School of Law reserves the right to change this date as the rate of applications may require.
C. Review of Applications
Completed applications are considered beginning in February and continuing into early June. Completed applications are either accepted, denied or placed in a category for further review. Applicants whose files are completed by February 1 will receive a first response (accept, deny or further review) by the beginning of April. The last consideration of all complete pending applications is made by June 15. Applicants not admitted or denied are placed on the waiting list and informed of their positions on the list. If vacancies occur in the entering class, applicants are admitted, in order, from the waiting list.
D. Acceptance
Accepted applicants who wish to reserve a seat in the entering class are required to make an advance deposit of $300 by the deadline stated in the acceptance letter. For those who enroll, the deposit is credited toward total University fees. $150 of the deposit is refundable if written notice of cancellation is postmarked by July 15. Applicants who fail to make the deposit within the time specified in their acceptance letters forfeit their places in the entering class.
Accepted applicants new to the University or students returning after one year or more must complete and file a medical history record with the Student Health Service.
Admission is granted for fall semester of each academic year. There are no midterm admissions. Admission for one academic year cannot be deferred to another academic year. Files of all applicants are retained for two years. Individuals resubmitting an application for admission are required to update, but not duplicate, the application.
E. Admissions with Advanced Standing
Application for admission as a transfer student must be postmarked by June 1 to the School of Law. The Admission Committee will begin considering files April 1.
The ceiling of 75 positions in the first-year class is maintained for both the second- and third-year classes. Within this limitation, the best qualified applicants for admission with advanced standing will be accepted, based upon consideration of an applicant's cumulative undergraduate grade point average, score on the Law School Admission test, and academic performance in the law school previously attended, including an evaluation of the quality of the school attended. Guidelines for admission with advanced standing include the following:
1. the legal studies previously undertaken have been in a law school accredited by the American Bar Association;
2. the average in all law studies for which the student has registered and received a grade is equivalent to that required for graduation from the institution attended;
3. the applicant is in good standing and eligible to continue in the law school previously attended (evidenced by a letter from the den of the school from which transfer is proposed); and
4. the applicant ranked in the upper one-third of applicant's law class at the completion of one year of law study. If the applicant's class rank at the completion of one year of law study is not available when the Admissions Committee considers the application, the rank after one semester or two quarters may be considered.
Transfer students must complete at least 60 credits of law study at The University of Montana-Missoula to earn a degree.
F. Change of Course or Withdrawal
Law courses may not be added after the end of the tenth semester class day. Dropping courses without penalty is permitted until the last class day or final grade assignment. Withdrawal from the School of Law without penalty and the assignment of a grade of "W" is permitted during the first 14 weeks of a semester. A student who withdraws during the first semester of the first year and who applies subsequently for readmission is not considered a former student but must complete the admission process required of all applicants.
G. Basis for Exclusion
To be in good standing, students must obtain a 2.0 cumulative grade point average in all courses for which they have registered and received a grade by the time they have completed two semesters of course work totaling any number of credits. If a student fails to obtain and maintain a 2.0 grade point average, he or she is placed on academic probation. The student will remain on academic probation until achieving a 2.0 cumulative grade point average, graduating with a cumulative GPA of at least 2.0, or being excluded from the School of Law.
A student shall be excluded from the School of Law if he or she fails to achieve a 2.0 grade point average in any semester while on academic probation.
Any required course in which an "F" is received shall be repeated. A student shall have the option, conditioned on class scheduling, of repeating a course in which a "D" grade has been received. Both grades in repeated courses will be included in calculations of cumulative grade point averages for the purpose of academic ranking. Only the second grade, if a "D" or higher, will be included in a student's cumulative grade point average for all other purposes.
A student who receives an "F" grade in the first semester of a continuing required first-year course may be ineligible to enroll in the second semester of the course. The fall semester course may have to first be repeated with a grade of "D" or higher as soon as scheduling of classes permits. Courses and credits in which "F" grades are recived, or in which a "D" grade has been received and the course has been repeated with a "D" or higher, will not be counted toward graduation requirements.
The Academic Review Committee will review the law school record of a student placed on academic probation and the committee may require the student to meet prescribed conditions, including limiting extracurricular activities, curtailing employment, reducing courses, or enrolling in specific courses.
A student excluded on the basis of substandard performance shall not be readmitted, except in cases when satisfactory showing is made to the faculty, by written petition, that the substandard performance was the result of circumstances which no longer exist, or the student has demonstrated the capability and desire to perform satisfactory work since his or her exclusion.
H. Graduation
Candidates for the Juris Doctor (J.D.) degree must:
1. be graduates of an approved college or university;
2. complete six semesters in residence at a law school approved by the American Bar Association with 60 semester hours successfully completed at The University of Montana School of Law;
3. complete 90 semester hours of law with a grade point average of 2.00 on all law courses for which the student has registered and received a grade; and
4. complete all required courses.
A candidate for the Juris Doctor degree who has fulfilled the requirements for graduation will not be recommended for the degree if, in the opinion of the majority of the law faculty, the candidate is unqualified in accordance with generally accepted standards for admission to the bar.
CHANGE OF REGULATIONS: The School of Law reserves the right to change at any time its regulations respecting admission to the school, continuance and graduation.
Required Curriculum
First Year
| 504 Civil Procedure I | 3 |
| 505 Civil Procedure II | 2 |
| 511 Contracts I | 3 |
| 512 Contracts II | 2 |
| 521 Pretrial Advocacy I | 1 |
| 522 Pretrial Advocacy II | 2 |
| 530 Legal Research | 2 |
| 531 Legal Analysis | 1 |
| 532 Legal Writing I | 3 |
| 535 Property I | 2 |
| 536 Property II | 3 |
| 543 Torts I | 2 |
| 544 Torts II | 3 |
Second Year
| 559 Federal Tax (may be taken third year) | 3 |
| 561 Estate Planning (may be taken third year) | 3 |
| 563 Constitutional Law | 4 |
| 574 Evidence | 3 |
| 578 Professional Responsibility | 2 |
| 583 Legal Writing II | 1 |
| 585 Trial Practice | 2 |
| 593 Criminal Law/Proc I | 2 |
| 594 Criminal Law/Proc II | 3 |
| *Electives |
Third Year
| Commercial Law(select from menu) | |
| Legal Writing (select from menu) | |
| 651 Clinical Training 1-4 | 1-4 |
| 652 Cinical Training 1-4 | 1-4 |
*Electives
*Elective offerings vary from year to year
Elective Courses
Administrative Law (Law 690, 3 credits)
Alternative Dispute Resolution (Law 691/2, 2 credits)
Advanced Legal Research, (Law 691/2, 2 credits)
Advanced Environmental Law (Law 667, 3 credits)
Advanced Problems in Indian Law (Law 691/2, 2 credits)
Advanced Problems in Public Land and Resources Law (Law 691/2, 2 credits)
Agricultural Law (Law 666, 2 credits)
Appellate Advocacy (Law 691/2, 2 credits)
Bankruptcy (Law 621, 2 credits)
Business Planning (Law 691/2, 3 credits)
Client Counseling Team (Law 692, 2 credits)
Contemporary Problems in Constitutional Law (Law 691/2, 2 credits)
Elder Law (Law 691/2, 3 credits)
Employment Discrimination and Civil Rights Litigation (Law 663, 2 credits)
Family Law (Law 695, 3 credits)
Federal Courts (Law 683, 2 credits)
Gender Bias and the Law (Law 691/2, 3 credits)
Independent Study (Law 681/2, 1-2 credits)
Indian Law (Law 661, 3 credits)
Insurance Law (Law 691/2, 2 credits)
Intellectual Property (Law 691/2, 3 credits)
International Law (Law 691/2, 3 credits)
Introduction to Environmental Law (Law 662, 3 credits)
Labor Law (Law 650, 3 credits)
Law Practice (Law 691/2, 1 credit)
Law Review I, II, III, IV (Law 591/2, Law 603/4, 1-2 credits)
Legal History (Law 691/2, 2 credits)
Local Government (Law 656, 2 credits)
Moot Court (Law 699, 2 credits)
Natural Resource Development (Law 691/2, 3 credits)
Negotiation and Dispute Resolution (Law 691/2, 2 credits)
Negotiation Team (Law 691, 2 credits)
Partnership Tax (Law 691/2, 2 credits)
Philosophy of Law (Law 698, 3 credits)
Problems in Estate Planning (Law 691/2, 2 credits)
Products Liability (Law 691/2, 2 credits)
Public Land and Resources Law (Law 664, 3 credits)
Public Regulation of Business (Law 691/2, 2 credits)
Real Estate Transactions (Law 671, 2 credits)
Remedies (Law 640, 3 credits)
Secured Transactions (Law 691/2, 2 credits)
Sentencing (Law 691/2, 2 credits)
Taxation of Corporations and Corporate Distributions (Law 665, 3 credits)
Taxation of Property Transactions (Law 691/2, 3 credits)
Trial Admissions Program (Law 500, 4 credits)
Water Law (Law 688, 3 credits)
White Collar Crime (Law 691/2, 3 credits)
Workers' Compensation (Law 694, 3 credits)
Faculty
Professors
Margery H. Brown, J.D., The University of Montana, 1975 (Emeritus)
Bari R. Burke, J.D., University of California, Davis, 1979
J. Martin Burke, LL.M., New York University, 1982
Scott J. Burnham, LL.M., New York University, 1981
William J. Corbett, LL.M., Harvard University, 1971
Gardner Cromwell, S.J.D., University of Michigan, 1958 (Emeritus)
William F. Crowley, LL.M., New York University, 1951
E. Edwin Eck II, L.L.M., Georgetown University (Dean)
Larry M. Elison, S.J.D., University of Michigan, 1962
Gregory S. Munro, J.D., The University of Montana, 1975
Robert G. Natelson, J.D., Cornell Law School, 1973
David J. Patterson, LL.M., University of Michigan, 1966
Lester R. Rusoff, LL.M., University of Michigan, 1952 (Emeritus)
Albert W. Stone, J.D., Duke University, 1948 (Emeritus)
Robert E. Sullivan, J.D., Notre Dame, 1946 (Dean Emeritus)
Carl W. Tobias, LL.B., University of Virginia, 1972
Associate Professors
Raymond Cross, J.D., Yale, 1973
Cynthia Ford, J.D., Cornell Law School, 1978
Melissa Harrison, J.D., Vanderbilt University, 1984
John L. Horwich, J.D., Cornell Law School, 1975 (Associate Dean)
Assistant Professors
Carole A. Granger, M.L.S., University of Washington, 1971 (Assistant Law Librarian)
Fritz Snyder, J.D., Washburn School of Law, 1979
Sally R. Weaver, J.D., Vanderbilt University, 1981
Lecturer
Thomas P. Huff, Ph.D., Rice University, 1968
Adjunct Faculty
Gail Anne Hammer, J.D., The University of Montana, 1988
John W. McDonald, J.D., The University of Montana, 1961
Joan B. Newman, J.D., The University of Montana, 1982
Jeffrey T. Renz, J.D., The University of Montana, 1979
Larry E. Riley, J.D., The University of Montana, 1966
Klaus Sitte, J.D., The University of Montana, 1972
Maylinn Smith, J.D., The University of Montana, 1987
Margaret A. Tonon, J.D., The University of Montana, 1974
Frances L. Wells, J.D., Southern Methodist University, 1973