384,054 research outputs found

    Legal Arguments in the Opinions of Montana Territorial Chief Justice Decius S. Wade

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    Decius Spear Wade was the longest serving member of the Montana Territorial Supreme Court, holding the Chief Justiceship between 1871 and 1887, more than sixteen years. Wade authored an impressive 192 majority opinions, along with fourteen concurrences and dissents, of the total of 637 reported majority opinions issued by that court. By productivity and length of service alone, Wade stands out on the Montana court and among territorial judges generally. Unlike many territorial judges, including some of his brethren on the Montana court, Wade was well-regarded by his contemporaries. Subsequent observers have also ranked Wade among the best of the judges of the territorial courts generally. In addition to his long tenure on the Territorial Supreme Court, Wade played an important role in other aspects of nineteenth century Montana. He wrote the chapters on law and the courts for a popular nineteenth century history of Montana, authored a novel with a legal theme that was read (and apparently well thought of) in Montana Territory, and wrote an article on selfgovernment in the territories. In addition to his writings, Wade served on the 1889-1895 Code Commission and delivered two crucial speeches on the common law8 and codification9 in the 1890s that helped pave the way for Montana\u27s adoption of Civil, Political, Penal, and Civil Procedure codes originally drafted by David Dudley Field for New York. Yet we must be careful not to overestimate Wade\u27s influence. Wade is far from the judicial stalwart portrayed in the brief summaries of Montana\u27s judicial history present in general historical works. He was a thorough and careful (if overly wordy) writer, as discussed below, but he was also surprisingly sloppy about attributing his lengthy quotes from others\u27 works in at least some of his published writings. He was an able common law judge, but enthusiastically threw himself into an attempt to dismantle the common law system in the 1890s. He played an important role in ensuring the common law\u27s stability, yet disparaged that stability in his public pronouncements. Paradoxically it is the role that Wade seems to have been least concerned with, that of common law judge, rather than his more grandiose attempts at a legacy of legal reform, that form his most significant contribution to Montana jurisprudence. The combination of Wade\u27s prominence, prolific opinion-writing, other legal writings, and reputation make him a fitting subject of study today. In Wade\u27s writings we see the combination of what Gordon Bakken termed the habitual modes and forms of official thought and action and the innovations produced by the frontier. In section II below, I give a brief biographical overview of Wade. I outline the methodology I used to extract data from Wade\u27s opinions in section III. I present the results of this analysis, along with a more traditional legal analysis in section IV. A brief note is in order on what this article is not. It is not a legal history of Montana Territory, something that has yet to be written. It is also not an examination of the federal-territorial relationship, an important area for territorial judges who were under the supervision of the federal attorney general. The focus is on Wade and his writings, which means it is also not a full fledged analysis of the national or regional territorial bench or legal systems as a whole, something that has already been written and written well, by several authors. 16 Rather the goal is to examine how Wade dealt with the legal challenges posed by Montana Territory\u27s rapid growth

    Screening and Evaluation of Essential Oils from Mediterranean Aromatic Plants against the Mushroom Cobweb Disease, Cladobotryum mycophilum

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    The main aim of this study was to evaluate the use of essential oils (EOs) as an alternative to synthetic fungicides used in the control of cobweb disease of button mushroom (Agaricus bisporus) caused by Cladobotryum mycophilum. The EOs used were obtained by hydrodistillation from five Mediterranean aromatic species (Lavandula × intermedia, Salvia lavandulifolia, Satureja montana, Thymus mastichina, and Thymus vulgaris), analyzed by gas chromatography, and tested in vitro for their antifungal activity against C. mycophilum. In vitro bioassays showed that the EOs obtained from T. vulgaris and S. montana (ED50 = 35.5 and 42.8 mg L−1, respectively) were the most effective EOs for inhibiting the mycelial growth of C. mycophilum, and were also the most selective EOs between C. mycophilum and A. bisporus. The in vivo efficacy of T. vulgaris and S. montana EOs at two different concentrations (0.5 and 1%) were evaluated in two mushroom growing trials with C. mycophilum inoculation. The treatments involving T. vulgaris and S. montana EOs at the higher dose (1% concentration) were as effective as fungicide treatment. The effect of these EOs on mushroom productivity was tested in a mushroom cropping trial without inoculation. They had a strong fungitoxic effect at the first flush. However, a compensatory effect was observed by the end of the crop cycle and no differences were observed in biological efficiency between treatments. The main compounds found were carvacrol and p-cymene for S. montana, and p-cymene and thymol for T. vulgaris. These results suggest that T. vulgaris and S. montana EOs may be useful products to manage cobweb disease if used as part of an integrated pest management (IPM) program

    Montana Bureau of Mines and Geology

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    The Montana Bureau of Mines and Geology is the principal source of earth science information for the citizens of Montana. The bureau provides extensive advisory, technical, and informational services on geologic, mineral, energy, and water resources in the state of Montana. This includes earthquake studies, environmental assessment, Geographic Information Services (GIS), geology and minerals, groundwater, mines information, coal, state mapping, and more. The publications database contains all Bureau publications as well as U.S. Geological Survey publications related to Montana geology. Educational levels: Graduate or professional, Undergraduate lower division, Undergraduate upper division

    Status of \u3ci\u3eZygiella\u3c/i\u3e and \u3ci\u3eParazygiella\u3c/i\u3e (Araneae: Araneidae) in the Great Lakes States

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    A confusing nomenclatural history has resulted in the persistence of the idea that Parazygiella montana (C. L. Koch, 1834), a Palearctic species of orbweaver (Araneae: Araneidae), occurs in the Great Lakes states. I discuss this nomenclatural history and report upon all available material from the Great Lakes states to show that P. montana has never been recorded from the region, and that all previous records of Zygiella/Zilla montana refer to a native species, Zygiella nearctica Gertsch, 1964. Although Z. nearctica has been collected from mainland Michigan and Wisconsin historically, all post 1960 records of this species are from islands in Lakes Michigan and Superior. This suggests that changes on the mainland (perhaps due to introduced species) may have resulted in the decline of Z. nearctica in this region

    The Wrong Choice to Address School Choice: Espinoza v. Montana Department of Revenue

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    For many school-choice advocates, Espinoza v. Montana Department of Revenue is the chance to extend the Supreme Court’s decision in Trinity Lutheran Church of Columbia, Inc. v. Comer in 2017. In Trinity Lutheran, the Supreme Court held that a state’s exclusion of a church from a public benefit program to resurface playgrounds discriminated against religion in violation of the Free Exercise Clause. Many school-choice proponents hope to extend the Trinity Lutheran holding from playgrounds materials to school funding and thus strike down religion-based exclusions in school voucher programs. However, Espinoza is the wrong vehicle to do so. In Espinoza, the Montana Supreme Court struck down a voucher-type tax credit program that provided scholarships, which could be used at any private school, as violating the Montana Constitution’s prohibition on funding religious schools. By striking down the program, the state court eliminated any alleged discrimination. Therefore, the Supreme Court should affirm and decline to extend the non-discrimination principles expressed in Trinity Lutheran to the use of funding for religious education. If the Court ignores the lack of discrimination, as it seems it might, it should in the alternative still affirm the Montana Supreme Court’s decision as consistent with the Trinity Lutheran line of cases and solidify the distinction between discrimination based on religious status and religious use

    Text and Transmission

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    The modern reader may encounter the Greek text of Euripides' surviving plays in many forms: in print either in complete editions or in separate editions of single plays published with translations or commentaries or both, and in digital form at well-known sites on the internet. When Euripides composed his plays, he is most likely to have written on a papyrus roll, although for rough drafts of small sections he could have used wax tablets, loose papyrus sheets, or pottery sherds. Although the papyrus rolls and early codices give us intriguing glimpses of the text of the Euripides plays up the seventh century CE, the surviving complete plays depend on the medieval textual tradition. For Euripides as for Aeschylus and Sophocles, Alexandrian scholars collected texts of as many plays as they could, comparing their titles to those known from the didascalic records. About seventy plays of Euripides never reached the medieval manuscript tradition

    Eleven Kinds of Sky

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    In this essay, Joe Wilkins shares stories of Montana inspired by its changing sky

    Montana, State of and Montana Public Employees Association (2003)

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