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Anthony Johnstone

Professor of Law & Affiliated Professor of Public Administration

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Personal Summary

Anthony Johnstone is a Professor at the University of Montana School of Law. He teaches and writes about Federal and State Constitutional Law, Legislation, Election Law, and related subjects. Professor Johnstone has testified before the United States Senate Judiciary Committee and the Montana Legislature, and spoken at academic, professional, and popular events across Montana and the United States. His legal work has been featured in the state and national press, including The Los Angeles Times, The New York TimesThe Wall Street Journal, and The National Law Journal, which named him its Appellate Lawyer of the Week in May 2012. Before joining the School of Law, Professor Johnstone served as the Solicitor for the State of Montana, practiced litigation as an associate at Cravath, Swaine & Moore in New York, New York, and clerked for the Honorable Sidney R. Thomas, United States Court of Appeals for the Ninth Circuit. He holds a B.A. from Yale University and a J.D. with honors from the University of Chicago Law School.

Education

J.D. with Honors, University of Chicago (1999)
B.A., Yale College (1995)

Courses Taught

Publications

Hearing the States, Pepperdine L. Rev. (forthcoming 2018)

The Federalist Safeguards of Politics, 39 Harv. J. L. & Pub. Pol. 415 (2016)

A Past and Future of Judicial Elections: The Case of Montana, 16 J. App. Pro. & Practice 47 (2015)

Foreword: The Future of Federalism, From the Bottom Up, 76 Mont. L. Rev. (2015)

The Hercules of Helena: Justice James C. Nelson and the Jurisprudence of Principle, 75 Mont. L. Rev. 199 (2014)

Outside Influence, 13 Election L. J. 117 (2014)

The System of Campaign Finance Disclosure, 99 Iowa L. Rev. Bull. 143 (2014)

Recalibrating Campaign Finance Law, 32 Yale L. & Pol'y Rev. 217 (2013)

Commandeering Information (and Informing the Commandeered), 161 U. Pa. L. Rev. 205 (2013)

Foreword: The State of the Republican Form of Government in Montana, 74 Mont. L. Rev. 5 (2013)

Testimony, "The Citizens United Court and the Continuing Importance of the Voting Rights Act," U.S. Senate Judicary Committee (Sept. 12, 2012)

Council of Appellate Lawyers, The Appellate Practice Compendium (Montana chapter) 
(Dana C. Livingston, ed., American Bar Association 2012)

A Madisonian Case for Disclosure, 19 Geo. Mason L. Rev. 413 (2012)

The Constitutional Initiative in Montana, 71 U. Mont. L. Rev. 325 (2010)

Captive Regulators, Captive Shippers: The Legacy of McCarty Farms, 70 U. Mont. L. Rev. 239 (2009)

Peremptory Pragmatism: Religion and the Administration of the Batson Rule, 1998 U. Chi. Legal F. 441

Scholarly Papers: http://ssrn.com/author=546899

Affiliations

Elected Member, American Law Institute (Advisor, Principles of Government Ethics; Member Consultative Group, Principles of Election Law)
Senior Counsel, National State Attorneys General Program, Columbia Law School
Member, American Bar Association
Member, American Bar Foundation
Member, State bars of Montana and New York; Federal bars of the U.S. Supreme Court, Ninth Circuit, District of Montana, and Southern, Eastern, and Northern Districts of New York

Professional Experience

Solicitor, State of Montana (2008-2011)
Assistant Attorney General, State of Montana (2004-2008)
Associate, Cravath, Swaine & Moore (2000-2003)
Law Clerk, Hon. Sidney R. Thomas, United States Court of Appeals for the Ninth Circuit (1999-2000)

DISCLOSURE: Professor Johnstone has consulted on or about the following cases: 
State v. Talen, et al. (Mont. 1st Dist. Ct. & D. Mont.)
Espinoza v. Dept. of Revenue (Mont. 11th Dist. Ct.)
Flathead Joint Board of Control v. State (Mont. 20th Dist. Ct.)

Honors / Awards

Law School Merit Award (2017)
Law School Merit Award (2016)
Native American Law Student Association Teaching Award (2016)
Boone Faculty Scholarship Award (2016)
Robert & Pauline Poore Law Faculty Service Award (2015)
Curriculum & Instruction Partnership Award (2015)
Boone Faculty Scholarship Award (2013)
Margery Hunter Brown Award for Teaching & Service (2012)